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05-06-19 Town Council PacketTown Council Monday, May 06, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.PROCLAMATIONS AND PRESENTATIONS 4.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. (Five Minute Time Limit) 5.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 5.A.DRAFT AGENDAS 1 Town Council Page - 2 Draft Agendas Page 1 5.B.MINUTES FOR APPROVAL April 08, 2019 - Special Meeting April 15, 2019 - Regular Meeting 04-08-19 Mintues for Approval Page 4 04-15-19 Minutes for Approval Page 9 5.C.RESOLUTION NO. 27, SERIES OF 2019 - APPOINTING A NEW MEMBER TO THE ENVIRONMENTAL ADVISORY BOARD Agenda Summary Reso 27 Page 15 Reso 27 new EAB Page 17 Reso 27 Application EAB Page 18 5.D.RESOLUTION NO. 26, SERIES OF 2019 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, APPROVING THE AMENDED 2019 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAX Agenda Summary Reso 26 Page 20 Reso 26 EOTC Page 22 Reso 26 Attachment EOTC Budget Page 24 5.E.RESOLUTION NO. 28, SERIES OF 2019 -A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. Agenda Summary Reso 28 Page 26 Reso 28 FTA Grants Page 28 FTA Certificates and Assurances Page 38 5.F.SECOND READING - ORDINANCE NO. 08, SERIES OF 2018 -AN ORDINANCE AMENDING CHAPTER 10, ARTICLE V OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE BY MOVING THE ENTIRETY OF ARTICLE V OF CHAPTER 10 TO THE NEWLY CREATED CHAPTER 9 – MARIJUANA, TOBACCO AND SMOKING AS ARTICLE III THEREOF Agenda Summry Ord 8 Page 48 Ord 8 moving Smoking Reg Page 49 5.G.RESOLUTION NO. 29, SERIES OF 2019 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE INITIATING AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE TOWN OF 2 Town Council Page - 3 SNOWMASS VILLAGE FOR RE-ZONING OF PARCEL F, HORSE RANCH SUBDIVISION Agenda Summary Reso 29 Page 53 Reso 29 Re-Zoning Parcel F Page 54 6.POLICY/LEGISLATIVE PUBLIC HEARINGS 6.A.SECOND READING OF ORDINANCE 04, SERIES OF 2019 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES BY ADDING CHAPTER 9, ARTICLE 2 TO THE MUNICIPAL CODE Agenda Summary Ord 4 Page 56 Ord 04 T21 Page 58 7.ADMINISTRATIVE REPORTS 7.A.2020 CENSUS PRESENTATION Agenda Summary 2020 Census Page 74 2020 Census PowerPoint Page 77 7.B.CONSIDERATION/APPROVAL OF MOUNTAIN VIEW TRAIL CONSTRUCTION Agenday Summary MT View Trail Page 86 Mt View Trail Maps Page 89 7.C.RENEWABLE ENERGY (SOLAR) CIP PROJECT UPDATE AND CONSIDERATION Agenda Summary Renewable Energy Page 100 Attachment A Solar Site Plans Page 104 Attachment B Summary of Bids Page 108 Attachment C Agenda Summary FAB EAB Page 109 Attachment D Letter of Support Page 112 8.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 9.ADJOURNMENT 3 Town Council Page - 4 4 DRAFT 2019 Agenda Items • Regular Meetings begin at 4:00 p.m. unless otherwise noted • Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. • The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2019 Meetings Mon. May 6th – Regular Meeting (Sirkus Out) • 2020 Census Presentation • Consideration/approval of Mountain View trail construction • Renewable energy (solar) CIP project update and consideration • 2nd reading of Ord 04 T21 • Reso appt new member to EAB • Reso amendment to EOTC Budget DMS • 2nd reading on Ord 8 moving smoking to Chapter 9 • Reso 28 FTA Assurances and Certificates Mon. May 13th – Work Session • Joint Meeting with EAB – Emissions Inventory; CORE Update Mon. May 20th – Regular Meeting • Continued Owl/Brush Creek round about discussion Mon. Jun. 3rd - Regular Meeting (Butler out) Mon. Jun. 10th - Work Session (Butler Shenk out) • Review Draft 2019 Community Survey Mon. Jun. 17th - Regular Meeting • Joint Meeting with the Marketing, Group Sales and Special Events Board (4:00) Thurs. Jun. 20th - EOTC Meeting - Pitkin County to Chair Mon. Jul. 1st - Regular Meeting (Kinney out) • • Senior Housing in Snowmass Village & Aging in Place Mon. Jul. 8th - Work Session (Shenk out) • Joint Meeting with Volunteer Board Mon. Jul. 15th - Regular Meeting (Shenk out) Mon. Aug. 5th - Regular Meeting 05-06-19 TC Packet Page 1 of 112 5 DRAFT 2019 Agenda Items Wed. Aug 7th - EOTC All Day Retreat Mon. Aug. 12th - Work Session • Joint Meeting with Volunteer Board Mon. Aug 19th - Regular Meeting Tue. Sep. 3rd - Regular Meeting (Monday is Labor Day) • 2019 Community Survey Report of Results Mon. Sep. 9th - Work Session • Joint Meeting with POSTR Board • Joint Meeting with Volunteer Board Mon. Sep. 16th - Regular Meeting Mon. Oct. 7th - Regular Meeting Mon. Oct. 14th - Work Session • Joint Meeting with Volunteer Board Thurs. Oct. 17th - EOTC Meeting -Aspen to Chair Mon. Oct. 21st - Regular Meeting Mon. Nov. 4th - Regular Meeting Mon. Nov. 11th -Work Session Mon. Nov. 18th - Regular Meeting Mon. Dec. 2nd - Regular Meeting Mon. Dec. 9th - Special Meeting Mon. Dec. 16th - Regular Meeting 05-06-19 TC Packet Page 2 of 112 6 DRAFT 2019 Agenda Items Topics for Work Sessions or Other Meetings Requested by Town Council Members • Review the outdoor smoking ordinance to consider modifications • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 05-06-19 TC Packet Page 3 of 112 7 1 SNOWMASS VILLAGE TOWN COUNCIL 2 SPECIAL MEETING MINUTES 3 APRIL 8, 2019 4 5 1) CALL TO ORDER 6 7 Mayor Butler called to order the Special Meeting of the Snowmass Town Council on 8 Monday, April 8, 2019 at 4:01 p.m. 9 10 A complete live recording of this meeting can be found at www.tosv.com under Town 11 Council Meetings. This will be archived indefinitely allowing you to view at any time. 12 13 2) ROLL CALL 14 15 16 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 17 COUNCIL MEMBERS ABSENT: All council members were present. 18 STAFF PRESENT: Clint Kinney, Town Manager; Travis Elliott, Assistant to the Town Manager; John Dresser, Town Attorney; Anne Martens, Public Works Director; Marianne Rakowski, Finance Director; Betsy Crum, Housing Director; Nick Kertz, Facilities Maintenance Supervisor; and Rhonda B. Coxon, Town Clerk 19 PUBLIC PRESENT: David Pesnichak and other member of the public interested in today’s Agenda items. 20 3) PUBLIC COMMENT 21 None at this time. 22 23 4) CONSENT AGENDA 24 25 A. DRAFT AGENDAS 26 27 28 B. Granicus/iLegislate Password Discussion 29 30 Bob Sirkus made the motion to approve those items listed on today's consent agenda. 31 Tom Goode seconded the motion. The motion was approved by a vote of 5 in favor to 0 32 opposed. 33 34 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 35 05-06-19 TC Packet Page 4 of 112 8 04-08-19 TC Minutes Page 2 of 5 36 Voting Nay: None. 37 The Town Council would like the joint meeting with the Marketing, Group Sales and 38 Special Events Board moved to a meeting when all Town Council Members are in 39 attendance. Mayor Butler also asked that time be scheduled for Senior Housing 40 Discussion and it was scheduled for July 1, 2019 Town Council agenda. 41 42 5) ADMINISTRATIVE REPORTS 43 44 A. EOTC Direction from Town Council on Dynamic Message Sign 45 46 David Pesnichak, Regional Transportation Administrator had some housekeeping items 47 for the Town Council. He noted that the date that most Elected Officials are available 48 for a EOTC retreat is Wednesday, August 7, 2019, he asked that Town Council add this 49 to their calendar. On March 20th, 2019 the EOTC met and reallocated money to 2019 50 budget for the Dynamic Message Sign and he noted that providing a mock up sign 51 would take this project into 2020. Tonight, he is asking if the Town Council would agree 52 to the 18-foot or 26-foot sign. EOTC is suggesting the 26-foot sign and the Town 53 Council agree to the 26-foot sign. 54 55 B. RESOLUTION NO. 25, SERIES OF 2019 -A RESOLUTION AUTHORIZING 56 THE EXPENDITURE OF FUNDS FOR BUDGETED FOR GRANT CONTRACTS 57 TO THE HEALTH AND HUMAN SERVICE ORGANIZATIONS 58 59 Council Member Shenk recused herself from this discussion as she is a paid employee 60 of Pathfinders. Rhonda B. Coxon, Town Clerk introduced Judy Clauson representing 61 the Citizens Grant Review Board to help answer any questions Council may have 62 regarding the applicants or rationale provided by the Board. The Town Council thanked 63 the Board for all their hard work and they appreciate what they do for the community. 64 65 Bill Madsen made the motion to approve Resolution No. 25, Series of 2019 - approving 66 the distribution of Grant Monies for 2019. Bob Sirkus seconded the motion. The motion 67 was approved by a vote of 5 in favor to 0 opposed. 68 69 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 70 71 Voting Nay: None. 72 C. FIRST READING - ORDINANCE NO. 05, SERIES OF 2019 - AN ORDINANCE 73 AMENDING THE 2019 BUDGET FOR THE GENERAL FUND, RETT FUND 74 AND THE CAPITAL IMPROVEMENT PROJECT FUND FOR THE TOWN OF 75 SNOWMASS VILLAGE 76 77 78 05-06-19 TC Packet Page 5 of 112 9 04-08-19 TC Minutes Page 3 of 5 This item was discussed by Town Council and staff at the April 01, 2019 Regular Town 79 Council Meeting and the Council did not feel comfortable approving at first reading until 80 they had a better understanding of the total cost of the project. Council Member Goode 81 volunteered to meet with staff and review the scope of work prior to this meeting. Anne 82 Martens, Public Works Director reviewed the history of the project again for those 83 Council members that were absent at the last meeting. Council Member Goode stated 84 after review of the proposal and meeting with staff regarding the project he feels the 85 number are spot on for this project. 86 87 After discussion and a few questions by the Town Council there was a motion on the 88 table. 89 90 Bill Madsen made the motion to approve Ordinance 05 at first reading Tom Goode 91 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 92 93 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 94 95 Voting Nay: None. 96 D. FIRST READING - ORDINANCE NO. 06, SERIES OF 2019 - AN ORDINANCE 97 OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, 98 COLORADO, APPROVING AND DIRECTING THE EXECUTION AND 99 DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT TO BE ENTERED 100 INTO BETWEEN THE TOWN AS LESSOR AND ZIONS BANCORPORATION, 101 N.A. AS LESSEE, A LEASE AGREEMENT TO BE ENTERED INTO BETWEEN 102 THE ZIONS BANCORPORATION, N.A. AS LESSOR AND THE TOWN AS 103 LESSEE, AND OTHER DOCUMENTS INCIDENTAL THERETO, ALL FOR THE 104 PURPOSE OF FINANCING A PORTION OF THE COST OF ACQUIRING, 105 IMPROVING AND EQUIPPING CARRIAGE WAY APARTMENTS AND THE 106 EXECUTION AND DELIVERY OF OTHER DOCUMENTS INCIDENTAL 107 THERETO; AND AUTHORIZING AND APPROVING THE TAKING OF ALL 108 OTHER ACTIONS NECESSARY OR APPROPRIATE FOR THE 109 CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS 110 ORDINANCE 111 112 Betsy Crum, Housing Director provided history of the Carriage Way project. January 113 2019 the Town of Snowmass Village entered into a Purchase Agreement with the 114 owners of the property at 250 Carriage Way, also called Carriage Way Apartments. This 115 apartment building has provided twelve (12) free-market rental housing units for many 116 years without benefit of a deed restriction and has been on the market for several years. 117 The contract gave the Town the exclusive right to purchase the property, and 118 included several key elements: 119 120 • Price: not to exceed $2.85M; 121 • Due diligence period: 120 days; 122 05-06-19 TC Packet Page 6 of 112 10 04-08-19 TC Minutes Page 4 of 5 • Due diligence/”subject to” work items: 123 o Appraisal 124 o Survey 125 o Updated building report(s); 126 o Environmental testing; 127 o Confirmation of zoning compliance; 128 o Property and rent records; 129 o Litigation pending, if any. 130 o Favorable financing terms. 131 132 Crum stated that the due diligence has been completed, which largely confirmed our 133 past investigation and present assumptions about the property. Marianne Rakowski, 134 Finance Director explained the financing and why she chose this option. 135 136 Tom Goode made the motion to approve First Reading of Ordinance No. 06, Series of 137 2019 - approving the financing for Carriage Way. Bill Madsen seconded the 138 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 139 140 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 141 142 Voting Nay: None. 143 E. FIRST READING - ORDINANCE NO. 07, SERIES OF 2019 - AN ORDINANCE 144 AMENDING THE 2019 BUDGET FOR THE EXCISE TAX FUND, THE CAPITAL 145 IMPROVEMENT PROJECT FUND, THE MOUNTAIN VIEW I FUND, THE 146 MOUNTAIN VIEW II FUND AND ADDING THE CARRIAGE WAY FUND FOR 147 THE TOWN OF SNOWMASS VILLAGE 148 149 150 Marianne Rakowski, Finance Director spoke to this ordinance and explained the chart 151 on page 119 of the packet, under financial impact explains all the changes in those 152 funds. With the passing of Ordinance No. 6, Series of 2019, Ordinance No. 7, Series of 153 2019, revises the 2019 budget to provide the funding for the purchase and minor 154 renovation of 250 Carriage Way. In addition to this revision, Ordinance No. 7 also 155 moves $400,000 (Excise Tax Funds) from the Coffey Place housing project to the 156 Carriage W ay purchase to ensure that only enterprise (housing) funds are used for the 157 Coffey Place housing project. The $400,000 will be replaced to the Coffey Place 158 housing project by the transfer from the Mountain View I Fund. This move is necessary 159 to allow for a multi-fiscal year construction funds to be secured to build the project 160 without TABOR implications. 161 162 Bob Sirkus made the motion to approve First Reading of Ordinance No. 07, Series of 163 2019 - amending the 2019 budget and adding the Carriage Way Fund. Alyssa Shenk 164 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 165 166 05-06-19 TC Packet Page 7 of 112 11 04-08-19 TC Minutes Page 5 of 5 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 167 168 Voting Nay: None. 169 6) TOWN COUNCIL REPORTS AND ACTIONS 170 171 Council Member Goode stated the next CORE meeting is scheduled for May. 172 173 Council Member Sirkus stated there is another Airport Vision committee meeting 174 coming up and he will report on that after attending the meeting. 175 176 Mayor Butler reported she will attend the RFTA Board and a Public Health Board 177 Meeting and will report on those after attending the meetings. 178 179 Council Member Madsen stated the Nordic Trails will continue to be groomed although 180 the Nordic Center will be closed. 181 182 Council Member Shenk will be attending a Sister Cites Meeting. 183 184 7) ADJOURNMENT 185 186 AT 5:25 p.m. 187 188 Bob Sirkus made the motion to adjourn the Special Meeting of the Snowmass Village 189 Town Council on Monday, April 08, 2019. Bill Madsen seconded the motion. The 190 motion was approved by a vote of 5 in favor to 0 opposed. 191 192 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 193 194 Voting Nay: None. 195 This set of meeting minutes was approved by the Snowmass Village Town Council at 196 their Regular Meeting of May 6, 2019 197 Submitted By, 198 199 ________________________ 200 Rhonda B. Coxon, CMC 201 Town Clerk 202 203 05-06-19 TC Packet Page 8 of 112 12 1 SNOWMASS VILLAGE TOWN COUNCIL 2 REGULAR MEETING MINUTES 3 APRIL 15, 2019 4 5 1) CALL TO ORDER 6 7 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town 8 Council on Monday, April 15, 2019 at 4:05 p.m. 9 10 A complete live recording of this meeting can be found at www.tosv.com under Town 11 Council Meetings. This will be archived indefinitely allowing you to view at any time. 12 13 2) ROLL CALL 14 15 16 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 17 COUNCIL MEMBERS ABSENT: All council members were present. 18 STAFF PRESENT: Clint Kinney, Town Manager; Travis Elliott, Assistant to the Town Manager; John Dresser, Town Attorney; Brian Olson, Chief of Police and Rhonda B. Coxon, Town Clerk 19 PUBLIC PRESENT: Reed Lewis, Ginny Chadwick and other member of the public interested in today’s Agenda items. 20 3) PUBLIC COMMENT 21 None at this time. 22 23 24 4) CONSENT AGENDA 25 26 A. DRAFT AGENDAS 27 28 29 Council Member Sirkus asked that the Owl and Brush Creek roundabout discussion be 30 postponed to a later date when he will be able to attend the meeting. Town Council 31 suggested the May 20th, 2019 Regular Meeting. 32 33 B. MINUTES FOR APPROVAL 34 March 18, 2019 - Regular Meeting Minutes 35 April 01, 2019 - Regular Meeting Minutes 36 37 05-06-19 TC Packet Page 9 of 112 13 04-15-19 TC Minutes Page 2 of 6 Council Member Shenk stated that on the first set of minutes line 52 change "that they 38 be change" to "changed" and line 105 states "is not" and should be "are not" and then 39 on line 238 states "Mayor Butler attend" should be changed to "Mayor Butler 40 attended". Council Member Sirkus asked that the language beginning on line 234 be 41 amended to state a RWAPA retreat not a meeting. 42 43 Bob Sirkus made the motion to approve as amended by Town Council those items 44 listed on today's consent agenda. Tom Goode seconded the motion. The motion was 45 approved by a vote of 5 in favor to 0 opposed. 46 47 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 48 49 Voting Nay: None. 50 C. SECOND READING - ORDINANCE NO. 05, SERIES OF 2019 - AN ORDINANCE 51 AMENDING THE 2019 BUDGET FOR THE GENERAL FUND, RETT FUND AND 52 THE CAPITAL IMPROVEMENT PROJECT FUND FOR THE TOWN OF 53 SNOWMASS VILLAGE 54 55 56 Clint Kinney, Town Manager stated this is the Budget amendment for the Snowmelt 57 Boiler replacement Project at Parcel C and Lot 2, Town Council discussed at first 58 reading and asked that it be placed on the consent agenda for today's meeting. 59 60 Tom Goode made the motion to approve by a roll call vote second reading of Ordinance 61 No. 05, Series of 2019 - amending the 2019 Budget. Bill Madsen seconded the 62 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 63 64 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 65 66 Voting Nay: None. 67 D. SECOND READING - ORDINANCE NO. 06, SERIES OF 2019 - AN ORDINANCE 68 OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, 69 COLORADO, APPROVING AND DIRECTING THE EXECUTION AND DELIVERY 70 BY THE TOWN OF A SITE LEASE AGREEMENT TO BE ENTERED INTO 71 BETWEEN THE TOWN AS LESSOR AND ZIONS BANCORPORATION, N.A. AS 72 LESSEE, A LEASE AGREEMENT TO BE ENTERED INTO BETWEEN THE ZIONS 73 BANCORPORATION, N.A. AS LESSOR AND THE TOWN AS LESSEE, AND 74 OTHER DOCUMENTS INCIDENTAL THERETO, ALL FOR THE PURPOSE OF 75 FINANCING A PORTION OF THE COST OF ACQUIRING, IMPROVING AND 76 EQUIPPING CARRIAGE WAY APARTMENTS AND THE EXECUTION AND 77 DELIVERY OF OTHER DOCUMENTS INCIDENTAL THERETO; AND 78 AUTHORIZING AND APPROVING THE TAKING OF ALL OTHER ACTIONS 79 05-06-19 TC Packet Page 10 of 112 14 04-15-19 TC Minutes Page 3 of 6 NECESSARY OR APPROPRIATE FOR THE CONSUMMATION OF THE 80 TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE 81 82 83 This is second reading of an Ordinance to purchase 250 Carriage Way Apartments. 84 85 Bob Sirkus made the motion to approve by roll call vote second reading of Ordinance 86 No. 06, Series of 2019 - securing financing to purchase 250 Carriageway. Tom Goode 87 seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. 88 89 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 90 91 Voting Nay: None. 92 E. SECOND READING - ORDINANCE NO. 07, SERIES OF 2019 - AN ORDINANCE 93 AMENDING THE 2019 BUDGET FOR THE EXCISE TAX FUND, THE CAPITAL 94 IMPROVEMENT PROJECT FUND, THE MOUNTAIN VIEW I FUND, THE 95 MOUNTAIN VIEW II FUND AND ADDING THE CARRIAGEWAY FUND FOR THE 96 TOWN OF SNOWMASS VILLAGE 97 98 99 This is second reading of an Ordinance amending the 2019 Budget for the purchase of 100 250 Carriage Way Apartments. 101 102 Bob Sirkus made the motion to approve by a roll call vote second reading of Ordinance 103 No. 07, Series of 2019 - amending the 2019 Budget to purchase 250 Carriage W ay. Bill 104 Madsen seconded the motion. 105 106 Voting Aye: None. 107 108 Voting Nay: None. 109 F. FIRST READING - ORDINANCE NO. 08, SERIES OF 2018 -AN ORDINANCE 110 AMENDING CHAPTER 10, ARTICLE V OF THE TOWN OF SNOWMASS VILLAGE 111 MUNICIPAL CODE BY MOVING THE ENTIREITY OF ARTICLE V OF CHAPTER 112 10 TO THE NEWLY CREATED CHAPTER 9 – MARIJUANA, TOBACCO AND 113 SMOKING AS ARTICLE III THEREOF 114 115 John Dresser, Town Attorney explained that this Ordinance is amending Chapter 10, 116 Article V of the Town of Snowmass Village Municipal Code by moving the entire Article 117 V, Smoking Regulations to the newly created Chapter 9 Marijuana, Tobacco and 118 Smoking as Article III. Council Member Shenk had some suggest language changes 119 and the Town Attorney suggested these changes be made at a future meeting, he 120 stated this ordinance is only moving Smoking Regulations to another section in the 121 Municipal Code. 122 05-06-19 TC Packet Page 11 of 112 15 04-15-19 TC Minutes Page 4 of 6 123 Bob Sirkus made the motion to approve First Reading of Ordinance No. 08, Series of 124 2019 - Amending Chapter 10, by moving Smoking Regulations to Chapter 9 of the 125 Municipal Code. Bill Madsen seconded the motion. The motion was approved by a vote 126 of 5 in favor to 0 opposed. 127 128 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 129 130 Voting Nay: None. 131 5) POLICY/ LEGISLATIVE PUBLIC HEARINGS 132 133 134 A. SECOND READING OF ORDINANCE 04, SERIES OF 2019 - AN ORDINANCE 135 OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, 136 COLORADO AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE TO 137 RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND 138 CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE 139 MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION 140 OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES BY 141 ADDING CHAPTER 9, ARTICLE 2 TO THE MUNICIPAL CODE 142 143 144 Brian Olson, Chief of Police and Rhonda B. Coxon, Town Clerk introduced this item and 145 reviewed discussions by the Town Council to date. Coxon was asked to provide the 146 Town Council with the application and renewal fees for other mountain towns, which 147 she reviewed for Town Council. 148 149 Adam Frisch an Aspen resident and current City Council Member in Aspen spoke to 150 Tobacco 21 and the legislation that was passed in Aspen and spoke to the fees. He 151 stated the importance of a tobacco tax and similar legislation being passed by all 152 municipalities. He does not feel that the underage possession should be in the 153 ordinance but rather holding the retailers accountable. He also advocated for a retail 154 license for each establishment. He feels standardization throughout the Valley will 155 reduce usage. 156 157 Ginny Chadwick, Western Regional Director for Tobacco 21 and a representative from 158 the Pitkin County for Tobacco 21 were present and provided comments and language 159 changes for Ordinance No. 04, Series of 2019. Chadwick provided updated numbers 160 for the Town's ordinance. She spoke to the retail tobacco license, penalties and her 161 opinion on purchase use and possession laws. She feels that the retailer is the that 162 should be the responsible party and the underage person should not be 163 punished. They would like all the purchase use and possession laws out of the Town of 164 Snowmass Village ordinance. 165 166 05-06-19 TC Packet Page 12 of 112 16 04-15-19 TC Minutes Page 5 of 6 Town Council and staff went through the ordinance line by line and page by page 167 amending language, grammatical changes and taking comments from the public 168 throughout the lengthy discussion. Brian Olson, Chief of Police spoke to the difference 169 between Snowmass Village and other larger cities and provided the rational for the 170 "PUP" law within Snowmass Village. He stated we are a unique community and we do 171 not conform to big city laws. Town Council directed staff to make the suggested 172 amendments and bring back at the May 06, 2019 for second reading. 173 174 Town Council took a break at this time. 175 176 6) ADMINISTRATIVE REPORTS 177 178 A Consideration and Possible Adoption of 2019 Council Goals Statement 179 180 Clint Kinney, Town Manager stated that this a continued meeting on the Town Council 181 goals. After discussion and a few changes to some of the language, and the Town 182 Council approved their goals. 183 184 Tom Goode made the motion to approve the Town Council Goals as amended. Bob 185 Sirkus seconded the motion. The motion was approved by a vote of 5 in favor to 0 186 opposed. 187 188 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 189 190 Voting Nay: None. 191 7) TOWN COUNCIL REPORTS AND ACTIONS 192 193 Council Member Shenk attended a Sister Cities Meeting last week had presentation 194 from the kids from Garmisch. She also provided information on Disaster Preparedness 195 workshop in Basalt and at the Pitkin County Library. The Town Manager also noted that 196 the Town Council is invited to the Disaster Preparedness workshop at Buttermilk in 197 Bumps on April 25, 2019. 198 199 Mayor Butler reviewed the Destination 2040 report from RFTA and distributed a copy to 200 each Town Council Member. She reviewed the highlights of the report. 201 202 8) ADJOURNMENT 203 204 205 At 7:08 p.m. 206 207 Tom Goode made the motion to adjourn the Regular Meeting of the Snowmass Village 208 Town Council on Monday, April 15, 2019. Bob Sirkus seconded the motion. The motion 209 was approved by a vote of 5 in favor to 0 opposed. 210 05-06-19 TC Packet Page 13 of 112 17 04-15-19 TC Minutes Page 6 of 6 211 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 212 213 Voting Nay: None. 214 This set of meeting minutes was approved by the Snowmass Village Town Council at 215 their Regular Meeting of May 06, 2019. 216 217 Submitted By, 218 219 ________________________ 220 Rhonda B. Coxon, CMC 221 Town Clerk 222 223 05-06-19 TC Packet Page 14 of 112 18 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: May 06, 2019 AGENDA ITEM: RESOLUTION NO. 27, SERIES OF 2019 – A RESOLUTION APPOINTING A NEW MEMBER TO THE ENVIRONMENTAL ADVISORY BOARD – MIKE STEINER PRESENTED BY: Rhonda B. Coxon, CMC Town Clerk BACKGROUND: Section 8.3 of the Home Rule Charter states that members of all boards and commissions shall be appointed by the Town Council, the terms of members on certain boards and commissions have expired and resignations have been submitted and have been publicly posted and published in accordance with the terms and conditions of the Home Rule Charter and the following citizen has submitted an application expressing a desire to be appointed, Albert Slap submitted his resignation, this applicant will take over the term which will expire in December of 2020. Section One: Appointments and Terms Environmental Advisory Board Specialty Seat Mike Steiner 3yr-term expires 12/20 FINANCIAL IMPACT: N/A APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A COUNCIL OPTIONS: 05-06-19 TC Packet Page 15 of 112 19 1. Approve Resolution No. 27, Series of 2019 2. Modify Resolution No. 27, Series of 2019 3. Deny Resolution No. 27, Series of 2019 STAFF RECOMMENDATION: Approve Resolution No. 27, Series of 2019 ATTACHMENTS: Resolution No. 27, Series of 2019 Applications 05-06-19 TC Packet Page 16 of 112 20 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 27 4 SERIES OF 2019 5 6 A RESOLUTION APPOINTING A NEW MEMBERS TO THE 7 ENVORONMENTAL ADVISORY BOARD – MIKE STEINER 8 9 WHEREAS, Section 8.3 of the Home Rule Charter states that members of 10 all boards and commissions shall be appointed by the Town Council; and 11 12 WHEREAS, the terms of members on certain boards and commissions 13 have expired and resignations have been submitted; and 14 15 WHEREAS, vacancies have been publicly posted and published in 16 accordance with the terms and conditions of the Home Rule Charter; and 17 18 WHEREAS, the following citizen has submitted an application expressing 19 a desire to be appointed; and. 20 21 NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of 22 Snowmass Village, Colorado: 23 24 That the following citizens are hereby appointed to serve as follows: 25 26 Section One: Appointments and Terms 27 28 Environmental Advisory Board Specialty Seat 29 Mike Steiner 3yr-term expires 12/20* 30 31 *Taking over current term for Albert Slap who has resigned. 32 33 34 INTRODUCED, READ AND ADOPTED, the Town Council of the Town of 35 Snowmass Village, Colorado, on the 6th day of May 2019 with a motion made 36 by Council Member _____ and seconded by Council Member _____ and by a 37 vote of __ in favor to __ opposed. 38 39 TOWN OF SNOWMASS VILLAGE 40 41 ____________________________ 42 MARKEY BUTLER, Mayor 43 44 ATTEST: 45 46 ___________________________ 47 RHONDA B. COXON, Town Clerk 48 49 05-06-19 TC Packet Page 17 of 112 21 Apply for a Board or Commission Thank you for your interest in one of our Boards or Commissions! Please select which board you are applying for and complete the form below. Please select the Board or Commission you are Applying For:* Please select the seat you wish to fill on the EAB:* Full Name * Phone Number Secondary Phone Number Email * Confirm Email * Address Is your Mailing Address different than the Address Above?* Are you a permanent resident? Are you registered to vote in Snowmass Village? Board of Appeals & Examiners Citizens Grant Review Board Environmental Advisory Board Financial Advisory Board Marketing, Group Sales, & Special Events Board Parks, Open Space, Trails, & Recreation (POSTR) Board Part-Time Residents Advisory Board Planning Commission Snowmass Arts Advisory Board At Large Specialty Mike Steiner 314-605-5588 msteiner@holycross.com msteiner@holycross.com City Basalt State / Province / Region Colorado Postal / Zip Code 81621 Country Street Address 775 Promontory Rd Address Line 2 Yes No Yes No 05-06-19 TC Packet Page 18 of 112 22 Please list your experience and/or education that qualifies your for this position.* Why do you wish to be appointed to this position?* Signature * Date Yes No I work at Holy Cross Energy My close involvement with TOSV I acknowledge that I am familiar with the qualifications, duties, and responsibilities of the position for which I am applying and, if appointed, I am ready, willing, and able to take an oath as well as accept the responsibilities and duties. 4/8/2019 05-06-19 TC Packet Page 19 of 112 23 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: , May 6, 2019 AGENDA ITEM: Resolution #26, Series of 2019 - Amended 2019 Budget for the Pitkin County 1/2 Cent Transit Sales And Use Tax. PRESENTED BY: David Pesnichak, Transportation Administrator David Peckler, Transportation Director BACKGROUND: Staff requests Council’s approval of Resolution #26, Series of 2019 to approve an amended 2019 Elected Officials Transportation Committee budget for the Pitkin County ½ Cent Sales and Use Tax. The Aspen City Council, Pitkin County Commissioners and Snowmass Village Town Council met together as the Elected Officials Transportation Committee (“EOTC”) on March 21, 2019. The amended 2019 budget for the ½-cent transit sales and use tax was approved by the EOTC at that meeting; see the Resolution’s attachment. The purpose of this amendment is to reallocate $400,000 from 2020 to 2019 for the construction of a Dynamic Message Sign (DMS) on up valley Highway 82. FINANCIAL IMPACT: The Amended 2019 budget summary: Total 2019 Net Revenues (after RFTA contribution) $ 2,696,350 Total 2019 Expenditures $ 2,901,911 Annual Surplus (Deficit) $ (205,561) Cumulative Surplus $ 9,452,605 APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Approval by resolution of all three jurisdictions that comprise the EOTC is necessary for appropriation of the Pitkin County ½ Cent Sales and Use Tax. 05-06-19 TC Packet Page 20 of 112 24 COUNCIL OPTIONS: 1. Approve the resolution 2. Amend the Resolution 3. Deny the resolution STAFF RECOMMENDATION: Approve the resolution. At the March 21, 2019 EOTC meeting all the parties approved the amended budget for 2019. ATTACHMENTS: 1. Resolution Approving the Initial 2019 Budget for the Pitkin County 1/2 Cent Transit Sales and Use Tax 2. Amended 2019 EOTC Budget and Multi-year Plan 05-06-19 TC Packet Page 21 of 112 25 SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 26 4 SERIES OF 2019 5 6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, 7 COLORADO, APPROVING THE AMENDED 2019 BUDGET FOR THE PITKIN COUNTY 8 1/2 CENT TRANSIT SALES AND USE TAX 9 10 WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the 11 Pitkin County Board of County Commissioners (the "Parties") have previously identified 12 general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are 13 eligible for funding from the Pitkin County one-half cent transit sales and use tax; and 14 15 WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties 16 agreed: 17 18 a. To conduct regular public meetings as the Elected Officials Transit Committee 19 (“EOTC”) to continue to refine and agree upon proposed projects and 20 transportation elements consistent with or complimentary to the Plan; and 21 22 b. That all expenditures and projects to be funded from the County-wide one-half 23 cent transit sales and use tax shall be agreed upon by the Parties and evidenced 24 by a resolution adopted by the governing body of each party; and 25 26 WHEREAS, at the EOTC meeting held on March 21, 2019, the Parties considered 27 and approved the attached amended 2019 budget for the Pitkin County one-half cent transit 28 sales and use tax; and 29 30 WHEREAS, the Town of Snowmass Village Council now desires to ratify the budget 31 approval given at the EOTC meeting by adoption of this resolution. 32 33 NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of 34 Snowmass Village, Colorado, that the attached initial 2019 budget for the one-half cent 35 transit sales and use tax is hereby approved as summarized below: 36 37 Total 2019 Net Revenues (after RFTA contribution) $ 2,696,350 38 Total 2019 Expenditures 2,901,911 39 40 41 READ, APPROVED, AND ADOPTED by the Town Council of the Town of 42 Snowmass Village, Colorado on the _____ of April, 2019, upon a motion made by Council 43 Member _____________________________, the second of Council Member 44 ____________________, and upon a vote of ______ in favor and ______ opposed. 45 46 47 48 49 05-06-19 TC Packet Page 22 of 112 26 19-26 TC Reso Page 2 of 2 50 TOWN OF SNOWMASS VILLAGE 51 52 53 54 _________________________ 55 Markey Butler, Mayor 56 57 58 APPROVED AS TO FORM 59 60 61 62 ________________________ 63 John Dresser, Town Attorney 64 65 66 ATTEST: 67 68 69 70 _________________________ 71 Rhonda Coxon, Town Clerk 72 05-06-19 TC Packet Page 23 of 112 27 2019 EOTC BUDGET AND MULTI-YEAR PLAN - AMENDED MARCH 2019 PAGE 1 3/26/2019 EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 FUNDING SOURCES: a) Pitkin County 1/2% sales tax (5,357,764) (5,626,000) (5,851,000) (6,041,000) (6,237,000) (6,440,000) (6,649,000) less RFTA contribution (81.04% of 1/2% sales tax) (4,341,932) (4,559,310) (4,741,650) (4,895,626) (5,054,465) (5,218,976) (5,388,350) net 1/2% sales tax funding to EOTC (1,015,832) (1,066,690) (1,109,350) (1,145,374) (1,182,535) (1,221,024) (1,260,650) b) Pitkin County 1/2% use tax (1,623,082) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) c) Investment income & misc. (89,000) (124,000) (187,000) (227,000) (243,000) (317,000) (189,000) Total Funding Sources (2,727,914) (2,590,690) (2,696,350) (2,772,374) (2,825,535) (2,938,024) (2,849,650) FUNDING USES: Ongoing / Operational 1) Use tax collection costs (23,329) (42,614) (93,280) (96,078) (98,961) (101,930) (104,987) 2) Administrative cost allocation & meeting costs (15,104) (22,710) (24,810) (25,554) (26,321) (27,111) (27,924) 3) Country Inn taxi program in-lieu of bus stop safety improvements (2,494) (6,000) (4,000) (4,000) (4,000) (4,000) (4,000) 4) X-Games transit subsidy (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) (115,000) 5) Brush Creek Intercept Lot operating costs (29,950) (35,000) (32,000) (33,000) (34,000) (35,000) (36,000) 6) No-fare Aspen-Snowmass-Woody Creek bus service - year-round (615,726) (650,556) (662,158) (799,610) (838,888) (872,400) (907,300) 7) WE-cycle operational support (100,000) (100,000) (100,000) 8) Brush Creek BRT connecting service - spring, summer, fall (50% from Snowmass Sav) (294,000) (419,587) 9) Regional Transportation Administrator (160,000) (141,076) (146,700) (152,600) (158,700) (165,000) sub-total Ongoing / Operational (901,602) (1,425,880) (1,591,911) (1,219,943) (1,269,770) (1,314,140) (1,360,211) net funding available for projects (1,826,312) (1,164,810) (1,104,439) (1,552,431) (1,555,765) (1,623,884) (1,489,439) Projects 10) Grand Ave Bridge construction - transit mitigation funding (335,000) Projects funded from Savings for greater Aspen Area 11) Upper Valley Mobility Study (276,044) 12) Cell phone transportation data collection (70,000) 13) Buttermilk/SH82 Pedestrian Crossing Analysis (40,000) 14) Battery Electric Bus Program carry over to 2019 (500,000) 15) Variable message sign on Hwy 82 consolidate in 2019 (450,000) 16) Snowmass Mall transit station (funded from Snowmass Village Savings Fund) (50,000) (350,000) (5,878,787) 17) EOTC retreat (10,000) 18) Brush Creek Park and Ride improvements (FLAP grant) (EOTC approved 10/20/16) (3,900,000) less Federal Lands Access Program (FLAP) grant ((1,900,000) Total Uses (1,582,646) (1,515,880) (2,901,911) (3,219,943) (1,269,770) (7,192,927) (1,360,211) EOTC ANNUAL SURPLUS/(DEFICIT) (1,145,269) (1,074,810) ((205,561) ((447,569) (1,555,765) ((4,254,903) (1,489,439) EOTC CUMULATIVE SURPLUS FUND BALANCE (8,583,356) (9,658,166) (9,452,605) (9,005,036) (10,560,801) (6,305,898) (7,795,337) 05-06-19 TC Packet Page 24 of 112 28 2019 EOTC BUDGET AND MULTI-YEAR PLAN - AMENDED MARCH 2019 PAGE 2 3/26/2019 EOTC Transit Project Funding Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 Revenue projections: a) sales tax 4.9%5.0%4.00%3.25% 3.25% 3.25% 3.25% b) use tax 12.8% -13.7%0.0%0.0%0.0%0.0%0.0% c) investment earnings rate 1.0%1.5%1.9%2.4%2.7%3.0%3.0% Projection or Proposed Actual Budget Budget Plan Plan Plan Plan 2017 2018 2019 2020 2021 2022 2023 DISTRIBUTION OF ANNUAL SURPLUS (excludes projects funded from savings funds) (1,491,312) (1,271,810) (354,233) ((447,569) (1,555,765) (1,623,883.87) (1,489,439) 25% to Snowmass Village Savings until restored to maximum (372,828) (274,022) (88,558) ((111,892) (233,128) (-  ) (-  ) remainder to Aspen Savings (1,118,484) (997,788) (265,674) ((335,677) (1,322,638) (1,623,884) (1,489,439) Savings Fund for greater Snowmass Village Area Savings Fund maximum (6,278,787) (6,228,787) (5,878,787) (5,878,787) (5,878,787) (-  ) (-  ) share of annual surplus/deficit (372,828) (274,022) (88,558) ((111,892) (233,128) (-  ) (-  ) less 50% of Brush Creek BRT connecting service ((147,000) ((209,794) less Snowmass mall transit station - reduces savings fund maximum ((50,000) ((350,000) (-  ) (-  ) ((5,878,787) (-  ) Savings Fund for greater Snowmass Village Area (6,151,765) (6,228,787) (5,757,552) (5,645,659) (5,878,787) (-  ) (-  ) Savings Fund for greater Aspen Area share of annual surplus/deficit (1,118,484) (997,788) (265,674) ((335,677) (1,322,638) (1,623,884) (1,489,439) less Upper Valley Mobility Study and cell phone data funded from Aspen Savings ((346,044) Savings Fund for greater Aspen Area (2,431,590) (3,429,379) (3,695,053) (3,359,377) (4,682,014) (6,305,898) (7,795,337) 05-06-19 TC Packet Page 25 of 112 29 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: May 6, 2019 AGENDA ITEM: Resolution #28 Series of 2019 Approving 2019 Federal Transit Administration Grant Master Agreement’s Certifications and Assurances PRESENTED BY: David Peckler, Transportation Director BACKGROUND: Staff requests Council’s approval of the Certifications and Assurances (“C&A”) that are Appendix A in the Federal Transit Administration’s Master Agreement. It is a requirement to comply with the C&A to accept 5339 (Capital) and 5311 (Administration, Operating and Capital) grants from the Federal Transit Administration (FTA). Resolution #28, Series of 2019 accepts the terms of the C&A for the current grant(s) funding for our projects. It also authorizes the Transportation Director to certify the affirmation of the annual C&A for these projects. The Town has been approving the Master Agreement’s C&A over the last thirteen years. The C&A apply to the Federal funds used for the specified grant’s purpose which covers administration and operating activities at present. The C&A covers a number of issues, most notably: 1. Authority to enter into an agreement with the FTA; and 2. Lobbying Compliance; and 3. Procurement Compliance; and 4. Safety and Asset Management Plans; and 5. Protections for Private Transportation Providers; and 6. Public Hearing; and 7. Acquisition of Rolling Stock Guidelines; and 8. Charter Service and School Transportation Agreement; and 9. Americans With Disabilities Act; and 10. Alcohol Misuse and Prohibited Drug Use; 11. Asset Management; and 12. Safety and Security; and 13. Title VI Civil Rights Act; and 14. Labor Standards. 05-06-19 TC Packet Page 26 of 112 30 To review the complete 2019 Certifications and Assurances, go to https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/funding/grants/grantee- resources/131551/2019-certifications-and-assurances.pdf FINANCIAL IMPACT: The Town has been awarded $270,171 in a Section 5311 grant for support of operating expenditures in the provision of transit service within Snowmass Village. The Town is also completing a capital purchase of a transit vehicles of which $50,000 is coming from a Section 5311 Capital grant. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: NA COUNCIL OPTIONS: 1. Approve the Resolution 2. Deny the Resolution STAFF RECOMMENDATION: Approve Resolution #28, Series of 2019 to comply with the requirements of the grant(s). ATTACHMENTS: 1. Resolution #28, Series of 2019 2. FTA Fiscal Year 2019 Certifications & Assurances. 05-06-19 TC Packet Page 27 of 112 31 SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 28 SERIES OF 2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Town of Snowmass Village (“TOSV”) has the power to enter into agreements with the Colorado Department of Transportation (“CDOT”) and the Federal Transit Administration (“FTA”); and, WHEREAS, CDOT and the FTA have been delegated authority to award Federal financial assistance for transportation projects; and, WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the TOSV, and may require the TOSV to provide the local share of the project’s costs; and, WHEREAS, the TOSV has or will comply with all annual Certifications and Assurances in the FTA required for the project(s), and, WHEREAS, the TOSV is desirous of obtaining said funds for the purchase of transit vehicles and/or the operation of transportation projects, and has filed applications (Sections 5339 and 5311) with the FTA and/or CDOT for the purchase of transit vehicles and/or the funding for operating transportation projects, and, WHEREAS, the TOSV desires to accept the funds for such projects pursuant to the conditions of the 2019 Master Agreement’s Certifications and Assurances in Appendix A of that agreement, and, WHEREAS, the TOSV desires to work together with the FTA and CDOT to effect said projects as provided in the agreement, and, WHEREAS, the TOSV finds that the adoption of this Resolution is necessary for the immediate preservation of the public health, safety and welfare. 05-06-19 TC Packet Page 28 of 112 32 12-30 RESO. Page 2 of 2 2 NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado, 1. That the Transportation Director is authorized to execute and file an application for, and administer, grants for Federal assistance on behalf of the TOSV with the Federal Transit Administration and the Colorado Department of Transportation for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. 2. That the TOSV agrees to the conditions of the Master Agreement’s Certifications and Assurances as they pertain to these projects that the FTA requires for the assistance agreements and authorizes the Transportation Director to certify the Certifications and Assurances to the FTA through their web site. CERTIFICATION READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on the 6th of May, 2019 upon a motion made by Council Member _______, the second of Council Member _______, and upon a vote of __in favor and __ opposed. TOWN OF SNOWMASS VILLAGE ____________________ Markey Butler, Mayor APPROVED AS TO FORM _________________________ John Dresser, Town Attorney ATTEST: ________________________________ Rhonda Coxon, Town Clerk 05-06-19 TC Packet Page 29 of 112 33 Certifications and Assurances Fiscal Year 2019 1 CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances. This certification appears on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. (b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. (c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. (d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. (e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S. DOT regulation 49 C.F.R. Part 21; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 C.F.R. Part 25; (3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated 05-06-19 TC Packet Page 30 of 112 34 Certifications and Assurances Fiscal Year 2019 2 against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S. DOT regulation 49 C.F.R. Part 27; (5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age; (6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (11) the requirements of any other nondiscrimination statute(s) which may apply to the application. (g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 C.F.R. Part 24. (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 05-06-19 TC Packet Page 31 of 112 35 Certifications and Assurances Fiscal Year 2019 3 (k) Will comply with environmental standards which may be prescribed pursuant to the following: (1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990; (4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205). (l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. (q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R. Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 C.F.R. Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. 05-06-19 TC Packet Page 32 of 112 36 Certifications and Assurances Fiscal Year 2019 4 (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a sub-recipient from: (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procuring a commercial sex act during the period of time that the award is in effect; or (3) Using forced labor in the performance of the award or subawards under the award. 1.2. Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 1.3. Procurement. The Uniform Administrative Requirements, 2 C.F.R. 200.324, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. The applicant certifies that its procurement system complies with: (a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 C.F.R. Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost 05-06-19 TC Packet Page 33 of 112 37 Certifications and Assurances Fiscal Year 2019 5 Principles, and Audit Requirements for Federal Awards,” 2 C.F.R. Part 200, particularly 2 C.F.R. §§ 200.317–200.326 “Procurement Standards; (b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance. 1.4. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 C.F.R. Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 C.F.R. § 180.300. Additionally, each applicant must disclose any information required by 2 C.F.R. § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes. The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals: (a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; (b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty; (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification; (d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. CATEGORY 2. TAX LIABILITY AND FELONY CONVICTIONS. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. As prescribed by U.S. DOT Order 4200.6, FTA requires each applicant to certify as to its tax and felony status. 05-06-19 TC Packet Page 34 of 112 38 Certifications and Assurances Fiscal Year 2019 6 If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that: (a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months. CATEGORY 3. LOBBYING. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities. This certification is required by 49 C.F.R. § 20.110 and app. A to that part. This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 C.F.R. Part 20. 3.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 05-06-19 TC Packet Page 35 of 112 39 Certifications and Assurances Fiscal Year 2019 7 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CATEGORY 4. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. 4.1. Charter Service Agreement. To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 C.F.R. § 604.4. The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 C.F.R. Part 604, the terms and conditions of which are incorporated herein by reference. 05-06-19 TC Packet Page 36 of 112 40 Certifications and Assurances Fiscal Year 2019 8 4.2. School Bus Agreement. To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 C.F.R. § 605.15. (a) If the applicant is not authorized by the FTA Administrator under 49 C.F.R. § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows: (1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 C.F.R. § 605.11, the applicant agrees as follows: (1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11. (3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public. CATEGORY 5. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a). The applicant certifies that it has, or will develop, a transit asset management plan in compliance with 49 C.F.R. Part 625. 05-06-19 TC Packet Page 37 of 112 41 Certifications and Assurances Fiscal Year 2019 9 CATEGORY 6. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 6.1. Rolling Stock Buy America Reviews. If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 C.F.R. § 663.7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post- delivery audits prescribed by 49 C.F.R. Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 C.F.R. Part 663. 6.2. Bus Testing. If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 C.F.R. § 665.7. The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 C.F.R. Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle. CATEGORY 7. URBANIZED AREA FORMULA GRANTS PROGRAM. If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1). The applicant certifies that it: (a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; (b) Has or will have satisfactory continuing control over the use of equipment and facilities; 05-06-19 TC Packet Page 38 of 112 42 Certifications and Assurances Fiscal Year 2019 10 (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan; (d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any— (1) Senior; (2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and (3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing); (h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either— (1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or (2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan). 05-06-19 TC Packet Page 39 of 112 43 Certifications and Assurances Fiscal Year 2019 11 CATEGORY 8. FORMULA GRANTS FOR RURAL AREAS. If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C). Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D). (a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and (2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and (b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately. (c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and (2) It has determined that otherwise eligible local transit needs are being addressed. CATEGORY 9. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B). The applicant certifies that it: 05-06-19 TC Packet Page 40 of 112 44 Certifications and Assurances Fiscal Year 2019 12 (a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. (c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and (d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning). CATEGORY 10. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3) and (b)(6), respectively. If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3) and (b)(6), respectively. If the applicant, regardless of whether it is in an urbanized or rural area, will apply for an award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(c)(3). Making this certification will incorporate by reference the applicable certifications in Category 7 or Category 8. CATEGORY 11. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 7, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 7 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced. 05-06-19 TC Packet Page 41 of 112 45 Certifications and Assurances Fiscal Year 2019 13 In addition to the certification in Category 7, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2). The applicant certifies that: (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; (b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; (c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and (d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis. CATEGORY 12. STATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, this certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 C.F.R. Part 625. CATEGORY 13. INFRASTRUCTURE FINANCE PROGRAMS. If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 7 for the Urbanized Area Formula Grants Program, Category 9 for the Fixed Guideway Capital Investment Grants program, and Category 12 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o). Making this certification will incorporate the certifications in Categories 7, 9, and 12 by reference. 05-06-19 TC Packet Page 42 of 112 46 Certifications and Assurances Fiscal Year 2019 14 CATEGORY 14. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 C.F.R. § 655.83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 C.F.R. Part 655. CATEGORY 15. RAIL SAFETY TRAINING AND OVERSIGHT. If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 C.F.R. §§ 659.43, 672.31, and 674.39. The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are: (a) Compliant with the requirements of 49 C.F.R. part 659, “Rail Fixed Guideway Systems; State Safety Oversight”; (b) Compliant with the requirements of 49 C.F.R. part 672, “Public Transportation Safety Certification Training Program”; and (c) Compliant with the requirements of 49 C.F.R. part 674, “Sate Safety Oversight”. CATEGORY 16. DEMAND RESPONSIVE SERVICE. If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 C.F.R. Part 37, it must make the following certification. This certification is required by 49 C.F.R. § 37.77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a) Response time; 05-06-19 TC Packet Page 43 of 112 47 Certifications and Assurances Fiscal Year 2019 15 (b) Fares; (c) Geographic area of service; (d) Hours and days of service; (e) Restrictions or priorities based on trip purpose; (f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability. CATEGORY 17. INTEREST AND FINANCING COSTS. If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: (a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and (b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. CATEGORY 18. CONSTRUCTION HIRING PREFERENCES. If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring preference not otherwise authorized by law on any contract or construction project to be assisted with an award from FTA, it must make the following certification. This certification is required by the Consolidated Appropriations Act, 2019, Pub. L. 116-6, div. G, title I, § 191. The applicant certifies the following: (a) That except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (b) That the applicant will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and 05-06-19 TC Packet Page 44 of 112 48 Certifications and Assurances Fiscal Year 2019 16 (c) That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. 05-06-19 TC Packet Page 45 of 112 49 FTA FISCAL YEAR 2019 CERTIFICATIONS AND ASSURANCES FEDERAL FISCAL YEAR 2019 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE PROGRAMS (Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of categories 01–18. _______ Or, The Applicant certifies to the applicable provisions of the categories it has selected: Category Certification 01 Certifications and Assurances Required of Every Applicant 02 Tax Liability and Felony Convictions 03 Lobbying 04 Private Sector Protections 05 Transit Asset Management Plan 06 Rolling Stock Buy America Reviews and Bus Testing 07 Urbanized Area Formula Grants Program 08 Formula Grants for Rural Areas 09 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 10 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs 11 Enhanced Mobility of Seniors and Individuals with Disabilities Programs 12 State of Good Repair Grants 13 Infrastructure Finance Programs 14 Alcohol and Controlled Substances Testing 15 Rail Safety Training and Oversight 16 Demand Responsive Service 17 Interest and Financing Costs 18 Construction Hiring Preferences 05-06-19 TC Packet Page 46 of 112 50 FEDERAL FISCAL YEAR 2019 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for federal assistance to be awarded by FTA in FY 2019) AFFIRMATION OF APPLICANT Name of the Applicant: BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in federal fiscal year 2019, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it. FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document should apply to each Award for which it now seeks, or may later seek federal assistance to be awarded during federal fiscal year 2019. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANT’S ATTORNEY For (Name of Applicant): As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award. Signature Date: Name Attorney for Applicant Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year. 05-06-19 TC Packet Page 47 of 112 51 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: May 06, 2019 SUBJECT: Second Reading Ordinance 8 of 2019 – Relocate Chapter 10, Article V SVMC to Chapter 9, Article 3 I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: With the adoption of marijuana and tobacco creating the new Chapter 9 in the Municipal Code, moving the Smoking Regulations from Chapter 10 to Chapter 9 seems logical. II. SUMMARY OF PROJECT There are no changes to the indoor or outdoor smoking regulations, only the place where such regulations are codified is changing. III. BACKGROUND TOSV initially adopted indoor smoking regulations in 1989 and subsequently adopted outdoor smoking regulations. IV. APPLICABLE REGULATIONS SVMC Sections 10-81 to 10-86 V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Moving the Smoking Regulations from the “General Offenses” Chapter of the SVMC to the new Chapter “Marijuana, Tobacco and Smoking”. VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council move the Smoking Regulations to the new Chapter 9. 05-06-19 TC Packet Page 48 of 112 52 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 8 4 SERIES OF 2019 5 6 7 AN ORDINANCE AMENDING CHAPTER 10, ARTICLE V OF THE TOWN OF 8 SNOWMASS VILLAGE MUNICIPAL CODE BY MOVING THE ENTIREITY OF 9 ARTICLE V OF CHAPTER 10 TO THE NEWLY CREATED CHAPTER 9 – 10 MARIJUANA, TOBACCO AND SMOKING AS ARTICLE III THEREOF 11 12 WHEREAS, the Town of Snowmass Village has enacted Smoking Regulations 13 for the benefit of the health, welfare and safety of the citizens, residents and guests of 14 the Town; and 15 16 WHEREAS, the Town of Snowmass Village has enacted licensing and 17 regulations of Retail Marijuana Stores for the benefit of the health, welfare and safety of 18 the citizens, residents and guests of the Town; and 19 20 WHEREAS, the Town of Snowmass Village has enacted licensing for Tobacco 21 Retailers and regulations on Tobacco possession, use and consumption for the benefit 22 of the health, welfare and safety of the citizens, residents and guests of the Town; and 23 24 WHEREAS. Town Council created a new Chapter 9 in the Snowmass Village 25 Municipal Code to contain the Marijuana and Tobacco licensing and regulations and 26 Smoking Regulations are consistent with the general content of Chapter 9 and Town 27 Council has determined that Smoking Regulations should be in Chapter 9; and 28 29 WHEREAS, the Town Council finds that the adoption of this Ordinance is 30 necessary for the immediate preservation of the public health, safety and welfare. 31 32 33 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 34 Snowmass Village that the Snowmass Village Municipal Code be hereby amended as 35 follows: 36 37 1. That Chapter 9 – Marijuana, Tobacco and Smoking shall have an Article 38 III added to and shall read as follows: 39 40 41 ARTICLE III - Smoking Regulations 42 43 Sec. 9-81. - Declaration of policy. 44 Smoking and environmental tobacco smoke have been established to be Group A 45 carcinogens that cause cancer in humans. Traditional smoking products and electronic 46 cigarettes regularly contain nicotine. Nicotine is an addictive drug. It is the express policy 47 of the Town Council that abstention from smoking occur in enclosed public places and in 48 the enclosed work place. As a public policy objective, the Town Council desires that 49 05-06-19 TC Packet Page 49 of 112 53 19-08 TC Ord Page 2 of 4 smoking not occur in enclosed public places and that the public effectuate this policy to 50 the greatest extent practicable. 51 Sec. 9-82. - Definitions. 52 As used in this Article, the following words shall be construed to have the meanings 53 defined below: 54 Electronic cigarette means any electronic product or device that employs a heating 55 element, power source, electronic circuit or other electronic, chemical or mechanical 56 means, regardless of shape or size, that produces a vapor that delivers nicotine or any 57 other substance to the person inhaling from the device to simulate smoking and that is 58 likely to be offered to or purchased by consumers as an electronic cigarette, electronic 59 cigar, electronic cigarillo, electronic pipe, electronic hookah, or vape pen and any related 60 device. 61 Outdoor public place means any area located on public property to which the public is 62 invited to gather, such as public parks and public recreational areas designed in whole or 63 in part to be used by adults and/or children that have play or sports equipment or have 64 been designated or landscaped for play or sports activities or any other similar facility 65 located on public property and outdoor public venues for public gatherings, including the 66 Fanny Hill event/concert area and the entire Jazz Aspen Snowmass concert and food area 67 and the Base Village plazas and lawns. Outdoor public places shall not include public 68 roads, parking lots or other areas designated or reserved for the parking of motorized 69 vehicles, hiking, biking, skiing or horseback riding trails. 70 Public place means any area where the public is invited or permitted or an area that 71 serves as a place of work. 72 Service line means any outdoor line at which one (1) or more persons are waiting to 73 enter, exit, embark or disembark for or are receiving service of any kind, such as movie 74 ticket lines, theatre lines, concert lines, sporting event lines, food vendor lines, lift ticket 75 lines and chairlift or gondola lift lines. 76 Smoking means the combustion of any cigar, cigarette, pipe or similar article, using any 77 form of tobacco or other combustible substance in any form, or any electronic cigarette, 78 other than for theatrical performances by an employee of the establishment. 79 Sec. 9-83. - Smoking prohibited. 80 (a) Smoking is prohibited in all enclosed public places; in those outdoor public places 81 where members of the public, other than the person or persons who are smoking, have 82 gathered for a public event and are closer than twenty-five (25) feet to the person who 83 wishes to smoke; and service lines. 84 05-06-19 TC Packet Page 50 of 112 54 19-08 TC Ord Page 3 of 4 (b) Smoking may be permitted, however, at the discretion of any organizer or sponsor of 85 an event or activity in outdoor public places, only in specifically designated smoking-86 permitted areas, provided that: 87 (1) Such places are clearly marked and delineated as such. 88 (2) Such places are posted with signs that clearly and conspicuously recite the 89 phrase, "This is a Smoking Permitted Area. No smoking permitted outside this 90 area." 91 (3) Such place is no closer than fifteen (15) feet from any service line or other 92 area where food or beverages are sold or consumed or are designated for the sale 93 or consumption of food or beverages or are where persons are gathered for the 94 purpose of selling, purchasing or consuming food or beverages. 95 (4) Such place is no closer than fifteen (15) feet from the area where persons are 96 gathered at, performing at or using the facilities of an outdoor public place. 97 Sec. 9-84. - Signs. 98 (a) All enclosed public places, outdoor public places and service lines shall be posted 99 with signs that clearly and conspicuously recite the phrase "No Smoking" or use the 100 international no-smoking symbol. The signs shall be of sufficient number and placed in 101 prominent locations to convey the message that smoking is prohibited to the public 102 clearly and legibly. Those enclosed public places that are used solely as places of work 103 are exempt from the requirements of this Section. 104 (b) In any public place, outdoor public place or service line where electronically 105 amplified music or speech or both are regularly employed as part of the use of such area, 106 the organizer or promoter of the use of said area shall be required to announce, by means 107 of the electronic amplification then in use, at intervals no greater than between 108 performances and at any intermission, that "This area is designated as a smoke-free zone, 109 where smoking is prohibited, except in the designated smoking-permitted areas." 110 (c) No such announcements shall be required in areas where the electronically amplified 111 music or speech is incidental to and not a part of the purpose of the use of the area. 112 Sec. 10-85. - Violation and penalty. 113 The following acts constitute violations of this Article: 114 (1) Smoking in an enclosed public place, outdoor public place or service line. 115 (2) Failing to post signs or make the announcements as required by this Article. 116 (3) Willfully destructing or defacing signs required to be posted by this Article. 117 05-06-19 TC Packet Page 51 of 112 55 19-08 TC Ord Page 4 of 4 Sec. 10-86. - Penalty assessment. 118 119 Offense Penalty Smoking prohibited (Sec. 10-83(1)) First offense $50.00 Second offense Summons 120 121 122 123 READ, APPROVED AND ADOPTED AS AMENDED, by the Town Council of the Town 124 of Snowmass Village on First Reading on April 15, 2019 upon a motion by Council 125 Member Sirkus the second of Council Member Madsen, and upon a vote of 5 in favor 126 and 0 opposed. 127 128 READ, APPROVED AND ADOPTED as amended by the Town Council of the Town of 129 Snowmass Village on Second Reading on May 6, 2019 upon a motion by Council 130 Member _____________________, the second of Council Member 131 ____________________, and upon a vote of ____ in favor and _____ opposed. 132 133 134 135 136 TOWN OF SNOWMASS VILLAGE 137 138 139 ________________________________ 140 Markey Butler, Mayor 141 142 ATTEST: 143 144 145 ______________________________________ 146 Rhonda B. Coxon, Town Clerk 147 148 149 150 APPROVED AS TO FORM: 151 152 153 154 _________________________________ 155 John C. Dresser, Jr., Town Attorney 156 05-06-19 TC Packet Page 52 of 112 56 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: May 6, 2019 SUBJECT: Resolution 29, Series of 2019 – Initiating Amendment to the Official Zone District Map – Re-zone Parcel F, Horse Ranch Subdivision I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Initiate Zone District Map amendment for Parcel F, Horse Ranch Subdivision II. SUMMARY OF PROJECT Council heard from Town citizens a request to re-zone Parcel F, Horse Ranch from Public to Open Space on April 1, 2019. III. BACKGROUND Parcel F was dedicated to TOSV for Public Facilities to be determined by Special Review as part of the Horse Ranch Subdivision approval. IV. APPLICABLE REGULATIONS SVMC Section 16A-5-220. V. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS Council previously directed staff to begin to Amend the Official Zone District Map. Town Council must initiate such process by Resolution. VI. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council approve Resolution 29. 05-06-19 TC Packet Page 53 of 112 57 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 29 4 SERIES OF 2019 5 6 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE 7 INITIATING AN AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE TOWN OF 8 SNOWMASS VILLAGE FOR RE-ZONING OF PARCEL F, HORSE RANCH SUBDIVISION 9 10 WHEREAS, the Town of Snowmass Village, is a municipal corporation duly organized and 11 existing as a home-rule municipality pursuant to Article XX of the State Constitution and laws 12 of Colorado; and 13 14 WHEREAS, Section 16A-5-220 of the Snowmass Village Municipal Code (“SVMC”) provides 15 that the Town Council may initiate an Amendment to the Official Zone District Map; and 16 17 WHEREAS, on April 1, 2019 Town Council heard a request from several Town citizens 18 requesting the Town Council re-zone Parcel F of the Horse Ranch Subdivision from the 19 Public (PUB) zone district to the Open Space (OS) zone district; and 20 21 WHEREAS, Town Council, after hearing said requests and discussing such an Amendment 22 to the Official Zone District Map, directed Town staff to undertake the process to amend the 23 Official Zone District Map required by SVMC Section 16A-5-220: and 24 25 WHEREAS, Subsection (b) of SVMC Section 16A-5-220 requires that when an Amendment 26 to the Official Zone District Map is initiated by Town Council, it is initiated by Resolution. 27 28 29 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass 30 Village, Colorado, as follows: 31 32 1. Initiation of Amendment to Official Zone District Map. Pursuant to Subsection (b) of 33 SVMC Section 16A-5-220, Town staff is hereby directed to initiate, submit and process 34 an Amendment to the Official Zone District Map to re-zone Parcel F, Horse Ranch 35 Subdivision from the Public (PUB) zone district to the Open Space (OS) zone district. 36 37 2. Severability. If any provision of this Resolution or application hereof to any person or 38 circumstance is held invalid, the invalidity shall not affect any other provision or application of 39 this Resolution which can be given effect without the invalid provision or application, and, to 40 this end, the provisions of this Resolution are severable. 41 42 43 READ, APPROVED AND ADOPTED, as amended by the Town Council of the Town of 44 Snowmass Village, Colorado on May 6, 2019, upon the motion of Council Member _____________, 45 the second of Council Member _______________ and upon a vote of _____ in favor and _____ 46 opposed. 47 48 49 TOWN OF SNOWMASS VILLAGE 50 51 05-06-19 TC Packet Page 54 of 112 58 Reso 19-29 Page 2 of 2 52 ______________________________ 53 Markey Butler, MAYOR 54 55 ATTEST: 56 57 58 ____________________________ 59 Rhonda B. Coxon, TOWN CLERK 60 61 62 APPROVED AS TO FORM: 63 64 65 _________________________________ 66 John C. Dresser, Jr., TOWN ATTORNEY 67 05-06-19 TC Packet Page 55 of 112 59 1 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: MAY 06, 2019 AGENDA ITEM: SECOND READING OF ORDINANCE NO. 04, SE RIES OF 2019 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE TO RAISE THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES BY ADDING CHAPTER 9, ARTICLE 2 TO THE MUNICIPAL CODE PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND: At first reading of this Ordinance on February 19, 2019 the Town Council directed staff to take out the license requirements and prepare the Ordinance for second reading. At the March 18, 2019 Town Council Regular Town Council asked that the licensing be put back in for second reading of the Ordinance and it was tabled to April 15, 2019 Regular Town Council Meeting. At the April 15, 2019 Town Council and staff reviewed the ordinance line by line and page by page and made substantial changes. Town Council directed staff to revise the ordinance and move second reading to the Regular Meeting of the Snowmass Village Town Council on Monday, May 06, 2019. Town of Snowmass Village Proposed New License $20.00 Proposed Renewal $20.00 The Town Attorney has assigned a new Chapter in the Municipal Code and has applied those chapter’s in the Ordinance for second reading. FINANCIAL IMPACT: 05-06-19 TC Packet Page 56 of 112 60 2 The Town will continue to collect the state tobacco tax – approximately $15,000 / year. STAFF RECOMMENDATION: 1. Approve at Second Reading 2. Amend at Second Reading 3. Deny at Second Reading ATTACHMENTS: A. Ordinance No. 04, Series of 2019 B. Sample of Local License 05-06-19 TC Packet Page 57 of 112 61 SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 04 4 SERIES OF 2019 5 6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 7 VILLAGE, COLORADO AMENDING THE SNOWMASS VILLAGE MUNICIPAL CODE 8 TO RAISE THE MINIMUM AGE FOR THE SALE, PURCHASE, POSSESSION AND 9 CONSUMPTION OF TOBACCO PRODUCTS AND TO ESTABLISH THE MINIMUM 10 AGE FOR THE PURCHASE, POSSESSION AND CONSUMPTION OF 11 ELECTRONICE SMOKING DEVISES AND RELATED SUBSTANCES BY ADDING 12 CHAPTER 9, ARTICLE 2 TO THE MUNICIPAL CODE 13 14 WHEREAS, diseases related to cigarette smoking remain one of the largest 15 public health concerns nationwide, and in the State of Colorado, lung cancer is the 16 leading cause of preventable death, accounting for 5,100 deaths each year; and 17 18 WHEREAS, 90 percent of adult smokers started smoking before the age of 18, 19 And each day more than 3,000 adolescents in the U.S., try their first cigarette; and 20 21 WHEREAS, since 2014, after decades of effective anti-smoking campaigns and 22 decreasing smoking rates in the U.S., there has been a surprising increase in youth 23 tobacco use; and 24 25 WHEREAS, over 450 localities and 11 states in the U.S. have enacted into law 26 regulations prohibiting the sales of tobacco products to individuals under the age of 21; 27 and 28 29 WHEREAS, research shows that teens purchase cigarettes from peers and that 30 90 percent of the “social sources” (i.e. friends and family) of tobacco for 12- to 18- year-31 olds are 18- to 21-year olds; and 32 33 WHEREAS, research has also shown that youth do not routinely make the effort 34 to travel to neighboring localities if the minimum sales age is increased to 21 in their 35 home municipality; and 36 37 WHEREAS, there has been a sharp uptick in vaping by middle and high school 38 students through use of electronic smoking devices like e-cigarettes. E-cigarettes are 39 now the most commonly used tobacco product among youth. According to a 2016 U.S. 40 Surgeon General report, more than three million youth in middle and high school, 41 including about one of every six high school students, used e-cigarettes in the past 42 month, and more than a quarter of youth in middle and high school have tried e-43 05-06-19 TC Packet Page 58 of 112 62 19-04 TC Ordinance Page 2 of 15 cigarettes. A recent CDC study shows that Colorado leads 37 states surveyed for use 44 of e-cigarettes among high school students who report using electronic smoking device 45 regularly; and 46 47 WHEREAS, the substances consumed via electronic smoking devices can 48 include nicotine, flavoring, and toxic particles, and electronic smoking devices can also 49 be used as delivery systems for marijuana and other illicit drugs; and 50 51 WHEREAS, public health advocates warn that vaping can lead to long-term 52 health risks and nicotine addiction in teenagers; and 53 54 WHEREAS, raising the minimum age for the sale, purchase, use and possession 55 of electronic smoking devices and substances to be consumed through such devices 56 may reduce youth initiation and overall usage rates; and 57 58 WHEREAS, research indicates that by combining enforcement efforts to include 59 possession, use and purchase laws may reduce underage tobacco use; and 60 61 WHEREAS, the Town Council finds and determines that the enactment of the 62 regulations set forth herein is in the interest of the public health, safety, and welfare of 63 the residents of the Town of Snowmass Village. 64 65 NOW THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 66 Snowmass Village that the Snowmass Village Municipal Code is hereby amended by 67 adding Chapter 9, Article 2 which shall read as follows: 68 69 Section 1. The foregoing recitals are hereby adopted as findings and 70 determinations of the Town Council. 71 72 Section 2. Chapter 9, Article 2 of the Snowmass Village Municipal Code should 73 be amended by adding the language below: 74 75 Sec.9-21. Sale of cigarettes, tobacco products, and electronic smoking devises. 76 77 (a) For purpose of this Code the following words shall have the meanings ascribed 78 hereafter: 79 80 Cigarettes means any product that contains tobacco or nicotine, including but 81 not limited to premanufactured cigarettes and /or hand-rolled cigarettes that is 82 intended to be burned or heated under ordinary conditions of use, and 83 consists of or contains: 84 05-06-19 TC Packet Page 59 of 112 63 19-04 TC Ordinance Page 3 of 15 85 (1) any roll of tobacco wrapped in paper of any other substance not 86 containing tobacco; 87 88 (2) tobacco in any form that is functional in the product, which because of 89 its appearance, the type of tobacco used in the filler, or its packaging 90 or labeling, is likely to be offered to or purchased by consumers as a 91 cigarette described in subparagraph (1) above. 92 93 (3) any roll of tobacco wrapped in any substance containing tobacco that, 94 because of its appearance, the type of tobacco used in the filler, or its 95 packaging and labeling is likely to be offered to or purchased by 96 consumers as a cigarette described in (1) above. 97 98 (4) the term includes all “roll-you-own” i.e., any tobacco that, because of 99 its appearance, type, packaging or labeling, is suitable for use and 100 likely to be offered to or purchased by consumers as tobacco for 101 making cigarettes. 102 103 Electronic smoking device means an electronic devise that, when activated, 104 emits a vapor aerosol, fume, or smoke that may be inhaled or absorbed by the 105 user including but not limited to an e-cigarette, e-cigar, e-pipe, vape pen, e-106 hookah, and similar devices. Electronic smoking device includes any 107 component, part, or accessory of such a device, whether or not sold separately, 108 and includes any substance, with or without nicotine, intended to be aerosolized, 109 vaporized, or which produces a fume or smoke during the use of the device 110 intended for human consumption. 111 112 Mobile Vending means any sales of Tobacco and/or Tobacco Paraphernalia at 113 other than a fixed location. 114 115 Proprietor mean a person with an ownership or managerial interest in a 116 business. An ownership interest shall be deemed to exist when a person has a 117 ten percent or greater interest in the stock, assets, or income of a business other 118 that the sole interest of security for debt. A managerial interest shall be deemed 119 to exist when a person can or does have or share ultimate control over the day-120 to-day operations of a business. 121 122 Tobacco product means (1) any product which contains, is made, or derived 123 from tobacco or used to deliver nicotine or other substances intended for human 124 05-06-19 TC Packet Page 60 of 112 64 19-04 TC Ordinance Page 4 of 15 consumption, whether smoked, heated, chewed, dissolved, inhaled, snorted, 125 sniffed, or ingested by any other means, including but not limited to cigarettes, 126 cigars, little cigars, cheroots, stogies, perique’s, granulated, plug cut, crimp cut, 127 ready rubbed and other smoking tobacco, snuff, snuff flout, bidis, snus, mints, 128 hand gels, Cavendish, plug and twist tobacco, fine cut and other chewing 129 tobaccos, shorts, refuse scraps, clippings, cutting, and sweepings of tobacco; (2) 130 electronic smoking devices; (3) notwithstanding any provision of subsections; (1) 131 and; (2) to the contrary, “tobacco product” includes any component, part, 132 accessory, or associated tobacco paraphernalia of a tobacco product whether or 133 not sold separately. Excluded from this definition is any product that contains 134 marijuana and any products specifically approved by the U.S. Food and Drug 135 Administration for use in reducing, treating, or eliminating nicotine for tobacco 136 dependence or for other medical purposes when these produces are being 137 marketed and sold solely for such approved purpose. 138 139 Tobacco paraphernalia means any item designed for the consumption, use, or 140 preparation of Tobacco Product. 141 142 Tobacco product retail location means any premises were Tobacco Products 143 are sold or distributed to a consumer, including but not limited to hookah bar, 144 lounge, or café, any ground occupied by a retailer, any store, stand, outlet, 145 location, vending machine or structure where Tobacco Products are sold. 146 147 Tobacco product retailer means any person who sells, offers for sale or offers 148 to exchange for any form of consideration Tobacco Products. “Tobacco 149 Product Retailing” shall mean the doing of any of these things. This definition is 150 without regard to the quantity of Tobacco Products or Tobacco Paraphernalia 151 sold, offered for sale, exchanged or offered for exchange. 152 153 Self-service display means the open display or storage of Tobacco Products in 154 a manner that is physically accessible in any way to the public without the 155 assistance of the retailer or employer of the retailer and a direct person-to-person 156 transfer between the purchaser and the retailer or employee of the retailer. A 157 vending machine or other coin operated machine are forms of a Self-Service 158 Display. 159 160 Licensing Administrator is the Town Clerk, or any other person appointed by 161 the Town Manager to administer the licensing process. 162 163 Hearing Officer is the Municipal Judge that is appointed by the Snowmass 164 Village Town Council for the Town of Snowmass Village. 165 05-06-19 TC Packet Page 61 of 112 65 19-04 TC Ordinance Page 5 of 15 166 (b) For the purposes of this section, each incident at a different time and occasion is 167 a violation. 168 169 (c) No person shall sell or permit the sale of Tobacco product by use of Self-Service 170 Display such as a vending machine or coin operated machine. Tobacco Product 171 Retailers shall stock and display all Tobacco Products in a manner to make all 172 such products inaccessible to customers without the assistance of a retail clerk 173 thereby requiring a direct face-to-face exchange of the Tobacco Products from 174 an employee of the business to the customer. Cigarettes may be sold at retail 175 through Self-Service Displays only in: 176 177 (1) Factories, businesses, offices or other places not open to the public; or 178 179 (2) Places to which persons under the age of 21 are not permitted access at 180 anytime during the day or night. 181 182 (3) Places where the Self-Service Display vending machine is under the direct 183 supervision of the owner of the establishment or an adult employee of the 184 owner, including but not limited to establishments holding a valid liquor 185 license issued pursuant to Article 47 of Title12, C.R.S. and a valid tobacco 186 retail license as required in Section 9-22 of this Article. 187 188 (d) Any person who sells or offers to sell any Tobacco Product shall display a 189 warning sign as specified in this Subsection 9-21. Said warning sign shall always 190 be displayed in a prominent place in the building. The Tobacco Product Retail 191 location sign shall have a minimum height of three inches and width of six inches; 192 and shall read as follows: 193 194 WARNING 195 196 IT IS ILLEGAL FOR ANY PERSON UNDER 21 YEARS OF AGE TO PURCHASE 197 TOBACCO PRODUCTS, AND/OR ELECTRIONIC SMOKING DEVICES. 198 199 (e) Any violation of Subsection (d) above shall not constitute a violation of any other 200 provisions of this Section. 201 202 (f) A person under the age of 21 who possesses or handles Tobacco Products as 203 part of that individual’s employment at a Tobacco Product Retail Location does 204 not commit a violation of this Section so long as such individual does not sell or 205 provide Tobacco Products to a person under the age of 21. 206 05-06-19 TC Packet Page 62 of 112 66 19-04 TC Ordinance Page 6 of 15 207 (g) The Tobacco Product Retailer is responsible for developing procedures for the 208 selling of tobacco products. Procedures and Training will be in a written form 209 and available for the review by the Snowmass Village Police Department. The 210 Snowmass Village Police Department will meet with Tobacco Product Retailers 211 annually, or more often as determined, to review training programs, signage and 212 general procedures as they relate to preventing retail sales of tobacco products 213 to persons under 21 years of age. 214 215 Sec. 9-22. License requirements and prohibitions 216 217 (a) Tobacco Product Retailers License required. 218 219 (1) It shall be unlawful for any person to act as a Tobacco Product Retailer in the 220 Town of Snowmass Village unless he or she had obtained a License and 221 maintains the same in full force and effect pursuant to this Article for each 222 location where Tobacco Product Retailing occurs. 223 224 (2) No license may be issued to authorize Tobacco Products retailing anywhere 225 other than at a fixed location that is designated in the License application and 226 approved by the Licensing Administrator. Tobacco Product retailing by 227 persons on foot, from vehicles or through Mobile Vending is prohibited. 228 229 (3) Tobacco retailing without a valid License is a nuisance as a matter of the law. 230 231 (b) Display of License. Each license shall be prominently displayed in a publicly 232 visible location at the licensed Tobacco Product Retail Location. 233 234 (c) Display of Minimum Legal Sales Age Requirements. The requirement of the 235 Minimum Legal Sale Age for the purchase of Tobacco Retail Product shall be 236 prominently displayed in the entrance (or other clearly visible location) of the 237 Tobacco Product Retail Location. 238 239 (d) Other Prohibitions. 240 241 (1) A Tobacco Product Retail Location may only have one active License at one 242 time. Every License is separate and distinct and specific to a designated 243 location. The License cannot be assigned, delegated, sold, inherited or 244 otherwise transferred between persons or transferred to a different location, 245 05-06-19 TC Packet Page 63 of 112 67 19-04 TC Ordinance Page 7 of 15 except as provided in this Article. No Licensee shall exercise the privileges of 246 any other License or delegate the privileges of its own License. 247 248 (2) A person or entity may not apply for a License for a one-year period after a 249 License has been revoked. 250 251 Sec. 9-23. Conditions of the Tobacco Product Retail License 252 253 The following conditions shall apply to the Licensee: 254 255 (a) Prohibition of self-service displays. Licensees shall stock and display all 256 Tobacco Product in a manner to make all such products inaccessible to 257 customers without the assistance of a retail clerk, thereby requiring a direct face-258 to-face exchange of the Tobacco Product from an employee of the business to 259 the customer. 260 261 (b) Restriction on sales to underage person. No person engaged in Tobacco 262 Products Retailing shall sell or transfer a Tobacco Product to another person 263 unless that recipient is at least twenty-one (21) years of age. It is an affirmative 264 defense to prosecution that the seller was presented with the ID showing the 265 person to be over the minimum age. 266 267 (c) No Licenses shall be issued within 500 feet of schools. No Licenses shall be 268 issued within 300 feet of a State Licensed child-care facility. No Licenses shall 269 be issued 500 feet of community specific locations such as playgrounds, parks 270 etc. as determined by the Licensing Administrator. 271 272 Sec. 9-24. Application procedure. 273 274 (a) An application for a License shall be submitted and signed by an individual 275 authorized by the person or entity making application for the License. It is the 276 responsibility of each applicant and/or Licensee to be informed regarding all laws 277 applicable to tobacco retailing, including those laws affecting the issuance of said 278 License. No applicant and/or Licensee may rely on the issuance of a License as 279 a determination by the Town of Snowmass Village that the proprietor has 280 complied with all applicable tobacco retailing laws. 281 282 (b) All applications shall be submitted on a form supplied by the Licensing 283 Administrator. 284 285 05-06-19 TC Packet Page 64 of 112 68 19-04 TC Ordinance Page 8 of 15 (c) A licensed Tobacco Product Retailer shall inform the Licensing Administrator in 286 writing of any change in the information submitted on an application for License 287 within (30) business days of a change. 288 289 (d) All License applications shall be accompanied by the payment in full of all fees as 290 required in the Town of Snowmass Village Municipal Code under Sec. 9-29. Fee 291 for License. 292 293 Sec. 9-25. Issuance of a Tobacco Product License 294 295 Upon the receipt of a completed application for a License as required by this Article, the 296 Licensing Administrator shall sign and issue a License within thirty (30) days which 297 period may be extended by the Licensing Administrator for good cause unless 298 substantial evidence demonstrated that one or more of the following bases for denial 299 exists: 300 301 (a) The information presented is the application is incomplete, inaccurate or false; 302 303 (b) The applicant seeks authorization for a License at a location where this Article 304 prohibits the issuance of License; 305 306 (c) The applicant seeks a License for a location that is not appropriately zoned for 307 the use; 308 309 (d) The applicant seeks authorization for a License and the applicant’s current 310 License is suspended or revoked; 311 312 (e) The applicant is not qualified to hold the requested License under the provisions 313 of this Article; 314 315 (f) The applicant and or retail location is not in compliance with all Town, state or 316 federal laws; 317 318 (g) The applicant is indebted to, or obligated in any manner to the Town for unpaid 319 taxes, liens or other monies; 320 321 (h) The payment of the licensing fee in the full amount chargeable for such License 322 does not accompany such License application. 323 324 Sec. 9-26. Denial of Tobacco Product License. 325 05-06-19 TC Packet Page 65 of 112 69 19-04 TC Ordinance Page 9 of 15 326 (a) If the Licensing Administrator denies the issuance of the License, the Licensing 327 Administrator shall notify the applicant in writing by regular mail postage prepaid 328 on the address shown in the application. The notice shall include the grounds for 329 denial. Notice is deemed to have been properly given upon mailing. 330 331 (b) An applicant has the right to appeal the Licensing Administrator’s denial of an 332 application to the Hearing Officer appointed by the Town of Snowmass Village. 333 Such an appeal shall be initiated by filling a written request with the Licensing 334 Administrator within twenty (20) days of the date of denial of the issuance of a 335 License. 336 337 (c) The applicant’s failure to timely appeal the decision of the Licensing 338 Administrator is a waiver of the applicant’s right to contest the denial of the 339 issuance of the License. 340 341 (d) The appeal, including any right to further appeals, shall be conducted and 342 controlled by the provisions of Rule 106 (a)(4), for the Colorado Rules of Civil 343 Procedure. The standard of proof shall be upon the applicant. The Licensee’s 344 failure to timely appeal the decision is a waiver of the Licensee’s right to contest 345 the suspension, revocation or denial of the License. 346 347 Sec. 9-27. License term, renewal and expiration. 348 349 (a) Term. All Licenses issued under this Code shall be for the period of one (1) year 350 from the date of the first license being issued. 351 352 (b) Renewal of License. A Licensee shall apply for the renewal of the License and 353 submit the renewal License fee no later than thirty (30) days prior to the 354 expiration of the existing term. The Licensing Administrator shall renew the 355 License prior to the end of the term, provided that the renewal application and fee 356 were timely submitted, and the Licensing Administrator is not aware of any fact 357 that would have prevented issuance of the original License or issuance of the 358 renewal. 359 360 (c) Expiration of License. A License that is not timely renewed shall expire at the end 361 of its term. The failure to timely obtain a renewal of a License requires 362 submission of a new application. There shall be no sale of any Tobacco 363 Products after the License expiration date and before the new License is issued. 364 365 05-06-19 TC Packet Page 66 of 112 70 19-04 TC Ordinance Page 10 of 15 Sec. 9-28. License non-transferable. 366 367 (a) A License shall not be transferred from one (1) person to another or from one 368 location to another. 369 370 (b) When a License has been issued to a husband and wife, or to general or limited 371 partners, the death of a spouse or partner shall not require the surviving spouse 372 or partner to obtain a new License to complete the remainder of the term of that 373 License. All rights and privileges granted under the original License shall 374 continue in full force and effect as to such survivors for the balance of the term of 375 the License. 376 377 Sec. 9-29. Fee for License. 378 379 (a) The fee to issue or to renew a License shall be pursuant to the Town’s Fee 380 Schedule, attached to this Ordinance as Exhibit A. The Town Council of the 381 Town of Snowmass Village will adopt the Fee Schedule which may be changed 382 from time to time by the Town Council through the issuance of an ordinance. 383 384 Sec. 9-30. Compliance monitoring 385 386 (a) Compliance monitoring of this Article shall be conducted by the Town of 387 Snowmass Village Police Department or designee, as the Snowmass Village 388 Police Department deems appropriate. 389 390 (b) The Town of Snowmass Village Police Department shall have discretion to 391 consider previous compliance check history or prior violations of a Licensee in 392 determining how frequently to conduct compliance checks of the Licensee with 393 respect to individual Licensees. 394 395 (c) The Snowmass Village Police Department will meet with Licensee’s annually, or 396 more often as they determine, to review training programs, signage and general 397 procedures as they relate to preventing retail sales of Tobacco Products to 398 persons under the age of twenty-one (21). When the Snowmass Village Police 399 Department deems appropriate, the compliance check shall determine 400 compliance with other laws applicable to Tobacco Products. 401 402 403 Sec. 9-31. Suspension or revocation of License. 404 405 05-06-19 TC Packet Page 67 of 112 71 19-04 TC Ordinance Page 11 of 15 (a) The following shall be grounds for suspension or revocations of the Licensee’s 406 License: 407 408 (1) A violation by a Licensee or Licensee’s officers, agents, or employee of any of 409 the provisions of this Article, or any laws of the United States, the State of 410 Colorado or ordinances of the Town of Snowmass Village relating to the sale 411 or furnishing of tobacco products to any person under the age of twenty-one 412 (21), or the storage or display of Tobacco Products. 413 414 (2) Violations of any conditions imposed by the Licensing Administrator or 415 Hearing Officer in connection with the issuance of renewal of a License. 416 417 (3) Failure to pay State or local taxes that are related to the operation of the 418 business associated with the License. 419 420 (4) Loss of right to possession of the Licensed premises. 421 422 (5) Fraud, misrepresentation, or a false statement of material fact contained in 423 the original or renewal license application. 424 425 (b) The Town Manager shall appoint a Hearing Officer to hear all actions relating to 426 the suspension or revocation of Licenses pursuant to this Article. The Hearing 427 Officer shall have the authority to suspend, revoke, or impose remedial sanctions 428 for violations 429 430 (c) The Licensing Administrator shall commence suspension or revocation 431 proceedings by petitioning the Hearing Officer to issue an order to the Licensee 432 to show cause why the Licensee’s License (s) should not be suspended or 433 revoked. The Hearing Officer shall issue such an order to show cause if the 434 petitions demonstrated that probable cause exists to determine that one or more 435 grounds exist pursuant to subsection (a) to suspend or revoke the Licensee’s 436 License. The order to show cause shall set the matter for a public hearing before 437 the Hearing Officer. 438 439 (d) Notice of the order to show cause and hearing date shall be mailed to Licensee 440 by regular mail, postage prepaid, at the address shown on the License no later 441 than thirty (30) days prior to the hearing date. Notice is deemed to have been 442 given properly given upon mailing. 443 444 (e) The notice to show cause hearing and any subsequent right to appeal shall be 445 conducted and controlled by the provisions of Rule 106 (a)(4), of the Colorado 446 05-06-19 TC Packet Page 68 of 112 72 19-04 TC Ordinance Page 12 of 15 Rules of Civil Procedure. The standard of proof at such hearings shall be a 447 preponderance of the evidence and burden of proof shall be upon the Licensing 448 Administrator. 449 450 (f) In determining whether a License should be suspended or revoked, and in 451 determining whether to impose conditions in the event of a suspension, the 452 Hearing Officer shall consider the following factors: 453 454 (1) The nature and circumstances of the violation; 455 456 (2) Corrective action, if any taken by the Licensee; 457 458 (3) Prior violations, if any by the Licensee; 459 460 (4) The likelihood of recurrence of the violation; 461 462 (5) Whether the violation was willful; and 463 464 (6) Previous sanctions, if any, imposed on the Licensee. 465 466 Sec. 9-32. Penalties and fines. 467 468 (a) Any person who is engaged in Tobacco Product Retailing who sells any Tobacco 469 Products to a person under the age of twenty-one (21) commits an offense and 470 upon conviction thereof, shall be punished by a fine of $50.00 for the first 471 offense, $150.00 for the 2nd offense, and $300.00 for the 3rd offense and a 472 summons for the 4th offense and any subsequent offense(s). It shall be an 473 affirmative defense to prosecute under this Subsection that the person furnishing 474 the Tobacco Products was presented with and reasonably relied upon a valid 475 state driver’s license or other government-issued form of identification which 476 identified the person receiving the Tobacco Product as being twenty-one (21) 477 years of age or older. 478 479 (b) A Proprietor is responsible for the actions of its agents and employees regarding 480 the sale of Tobacco Products. The illegal sale of any Tobacco Products to a 481 person under the age of twenty-one (21) at the Proprietor’s Tobacco Product 482 Retail Location shall result in the assessment of a civil penalty to the Proprietor in 483 the following amounts: 484 485 05-06-19 TC Packet Page 69 of 112 73 19-04 TC Ordinance Page 13 of 15 (1) A minimum of a $1,000.00 for the 1st violation or a summons with a fine of 486 $2,650.00; 487 (2) A minimum of $1,500.00 for the 2nd second violation or a summons with a fine 488 of $2,650.00; 489 (3) A minimum of $2,000.00 for the 3rd third violation and any subsequent 490 violation(s) or a summons with a fine of $2,650.00. A conviction pursuant to 491 Subsection (a) above shall constitute prima facie evidence of a Proprietor’s 492 violation of this Subsection. 493 494 (c) Any person who sells, gives, or otherwise supplies any Tobacco Product(s) to a 495 person under the age of twenty-one (21) is subject to a civil penalty of $100.00 496 for the 1st violation, $300.00 for the 2nd violation, and $600.00 for the 3rd and any 497 subsequent violation(s). 498 499 (d) Any person under the age of twenty-one (21) who purchases or attempts to 500 purchase any Tobacco Products, and/or is found to be in possession of any 501 Tobacco Products is subject to civil penalty of $50.00 for the 1st violation, 502 $150.00 for the 2nd violation, and $300.00 for the 3rd and subsequent violation(s), 503 except that, following the issuance of a civil penalty may permit the person to 504 participate in a tobacco or vaping education program. The Court may also allow 505 such person to perform community service and be granted credit against the civil 506 penalty fine and court costs at the rate of $5.00 for each hour of work performed, 507 for up to fifty percent of the civil penalty amount, fine and court costs. 508 509 (e) After the effective date of this ordinance, it shall be unlawful for any Tobacco 510 Retailer to sell Tobacco Products or Tobacco Paraphernalia without a License as 511 mandated under this Article, or with a suspended or revoked License. In 512 addition, the Hearing Officer may impose civil penalties up to $1,000.00 for each 513 separate Tobacco Products or Tobacco Paraphernalia sold during the period of 514 non-compliance with this Article. A Retailer whose license has been suspended 515 or revoked: 516 517 (1) Shall not display Tobacco Products or Tobacco Paraphernalia in public view 518 during the timeframe in which the License is suspended or revoked; and 519 520 (2) Advertisements relating to Tobacco Products and/or Tobacco Paraphernalia 521 that promote the sale or distribution of such products from that location shall 522 not be displayed. 523 524 Sec. 9-33. Enforcement. 525 526 05-06-19 TC Packet Page 70 of 112 74 19-04 TC Ordinance Page 14 of 15 (a) The remedies provide by the Article are cumulative and in addition to any other 527 remedies available at law or in equity. In addition to other remedies provided in 528 this Article or by other law, any violation of the Article may be remedied by a civil 529 action brought by the Town Attorney, including but not limited to nuisance 530 abatement proceedings and injunctive relief. 531 532 (b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of 533 this Article shall cause the offender to be subject to the penalties set forth herein 534 or in the Town of Snowmass Village Municipal Code. 535 536 Sec. 9-34. Effective Date 537 538 This Article shall become effective 15 days from the Second Reading approval by the 539 Town Council of the Town of Snowmass Village. 540 541 Section 3. This ordinance shall no affect any existing litigation and shall no 542 operate as an abatement of any action of proceeding now lending under or by virtue the 543 ordinances repealed or amended as herein provided, and the same shall be conducted 544 and concluded under such prior ordinances. 545 546 Section 4. If any section, subsection, sentence, clause, phrase, or portion of this 547 ordinance is for any reason held invalid or unconstitutional in a court of competent 548 jurisdiction, such portion shall be deemed a separate, distinct and independent 549 provision and shall not affect the validity of the remaining portions thereof. 550 551 INTRODUCED, READ, APPROVED AND ADOPTED, as amended by the Town 552 Council of the Town of Snowmass Village at First Reading on February 19, 2019 upon 553 the motion of Council Member Madsen, the second of, Council Member Sirkus and 554 upon a vote of 3 in favor and 1 opposed. Mayor Butler was opposed and Council 555 Member Shenk was absent. 556 557 INTRODUCED, READ, APPROVED AND ADOPTED, as amended by the Town 558 Council of the Town of Snowmass Village at Second Reading on May 06, 2019 upon 559 the motion of Council Member _____, the second of, Council Member _____ and upon 560 a vote of __ in favor and __ opposed. 561 562 TOWN OF SNOWMASS VILLAGE 563 564 565 05-06-19 TC Packet Page 71 of 112 75 19-04 TC Ordinance Page 15 of 15 ________________________________ 566 Markey Butler, Mayor 567 568 ATTEST: 569 570 ________________________________ 571 Rhonda B. Coxon, Town Clerk 572 573 574 575 APPROVED AS TO FORM: 576 577 ___________________________________ 578 John C. Dresser, Jr., Town Attorney 579 05-06-19 TC Packet Page 72 of 112 76 Town of Snowmass Village Police Department Code Section Subject 2019 Fee Section 9-32 (a) Conditions of the Tobacco Product Retail License (Sale by a retail Clerk) 1st Offense $50.00 2nd Offense $150 .00 3rd Offense -$300.00 and a Summons for the 4th and any Subsequent (s) Offense Code Section Subject 2019 Fee Section 9-32 (b) Conditions of the Tobacco Product (Retail Proprietor) 1st Offense Civil Penalty of $1000.00, or a summons of $2,650.00 2nd Offense Civil Penalty of $1,500.00 or a summons of $2,650.00 3rd Offense and any subsequent violation (s) $2,000.00 or a summons of $2,650.00 Code Section Subject 2019 Fee Section 9-32 (c) Conditions of the Tobacco Product Retail License (Under 21 person) 1st Offense Civil Penalty of $100.00 2nd Offence Civil Penalty of $300.00 3rd Offense Civil Penalty of $600.00 Town of Snowmass Village Town Clerk Department License and Fees Code Section Subject Fee Section 9-29 New and Annual Fee for Tobacco Product License $20.00 05-06-19 TC Packet Page 73 of 112 77 Page 1 of 3 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: May 6, 2019 AGENDA ITEM: 2020 Census Presentation PRESENTED BY: Phillip Supino, Principal Long-Range Planner, City of Aspen; Kara Silbernagel, Assistant to the Pitkin County Manager Through: Julie Ann Woods, TOSV Community Development Director; and Jim Wahlstrom, TOSV Senior Planner INTRODUCTION: The Decennial Census is April 1, 2020. In an effort to count every resident, Pitkin County, the City of Aspen, and Town of Snowmass Village are collaborating on a year- long Census support campaign in coordination with the State of Colorado and U.S. Census. At the Council meeting, City of Aspen and Pitkin County representatives will provide an update on work related to the 2020 Census. No action is requested at this time. BACKGROUND: Every 10 years, the U.S. Census bureau completes a complete count of every person residing in the United States. The results of this count are essential for federal, state and local funding, and representation. The State of Colorado estimates that each person counted represents $2,300 annually in federal, state and local dollars. In Pitkin County this represents approximately $40 million dollars annually. These dollars support everything from funding for roads, health and human services and innumerable indirect opportunities. Research completed by the City of Aspen in 2018 estimates that 1-3% of Pitkin County was undercounted leading to an estimated $400,000 annually that was not distributed back to the community. In 2010, there was significant federal funding to support local outreach efforts due to the American Recovery and Reinvestment Act (ARRA). 05-06-19 TC Packet Page 74 of 112 78 Page 2 of 3 However, in 2020, funding for census outreach and workers has been severely reduced, making local campaigns all the more critical to get a full count. Compounding the limited funding in 2020, this Decennial Census represents the first time it will be completed online. Although the Census Day is April 1, 2020, individuals will be able to complete the Census beginning on March 19, 2020. It is not currently known if there will be a hard-copy option for completion. Secondarily, the Census will also occur in the middle of the 2020 presidential primaries. It is essential for a local campaign to get the message out given the changes and competing interests occurring next year. In 2018, the City of Aspen budgeted $15,000 to support research and planning for the 2020 Census. The research focused on identifying areas of undercount in the 2000 and 2010 Census. Pitkin County allocated $15,000 in the 2019 budget to support the development of an outreach strategy to encourage participation in the 2020 Census. The County, in partnership with City of Aspen and Town of Snowmass Village, are collaborating to develop an outreach campaign to encourage Census participation in 2020. That campaign plan, along with staff analysis of the potential obstacles to a complete count in the Roaring Fork Valley, and potential strategies to overcome those obstacles, will be presented to Council at a future work session. FINANCIAL IMPACT: None at this time. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Town Council recently adopted a Goal Setting Statement on April 15, 2019. One of the 2019 Strategic Initiatives of Snowmass Village that might relate to the 2020 Census update is to, “Strengthen local economic opportunities to assure vibrancy,” considering the amount of Federal dollars to be allocated, as a result of the Census update. Two of Town Council’s Areas of Concentration that seem relevant to the 2020 Census update include:  Community Engagement: The Council will strive to continue to increase effective community engagement.  Regionalism: The Town is committed to being proactive and participating in regional approaches for topics that face the entire Roaring Fork Valley including, but not limited to, transportation, workforce housing, senior housing, recreation, and public health matters. 05-06-19 TC Packet Page 75 of 112 79 Page 3 of 3 COUNCIL OPTIONS: • Town Council could support organizing efforts to ensure a complete count in the 2020 Census and support Town staff’s ongoing partnership with the City of Aspen and Pitkin County to organize for the 2020 Census; or • Town Council could choose not to participate in these Census-related efforts. NEXT STEPS: If Council supports continued use of staff resources to organize for the 2020 Census, next steps include: • Continue to collaborate with valley partners to organize for the 2020 Census. • Continue to serve on the State of Colorado Complete Count Committee. • Build a Roaring Fork Valley Complete Count Committee to support the execution of the 2020 Census. • Assess and strategize to overcome obstacles to a complete count in the Roaring Fork Valley. STAFF RECOMMENDATION: This is an update only. ATTACHMENTS: Power Point presentation from the City of Aspen and Pitkin County. 05-06-19 TC Packet Page 76 of 112 80 2020 Census Roaring Fork Valley Outreach Campaign “…adapt the public measures to the particular circumstances of the community…” -James Madison, 179005-06-19 TC Packet Page 77 of 112 81 2020 Census Roaring Fork Valley Outreach Campaign BACKGROUND •Article 1, Section 2, U.S. Constitution •Decennial •Moment in time count •“Actual counts of persons dwelling in U.S. residential structures” 05-06-19 TC Packet Page 78 of 112 82 2020 ISSUES •Limited Federal Funding for: •Staffing •Outreach •Undercount Implications •1 – 3% undercount 2000 & 2010 •Less dollars directed to our community •Apportionment 2020 Census Roaring Fork Valley Outreach Campaign05-06-19 TC Packet Page 79 of 112 83 Allocation of Federal Funds •2,500 programs receive federal dollars •direct payments, grants, loans •$900 billion nationally in FY2016 •Colorado’s share -$13.08 billion FY2016 •Annually $2,300/person •Pitkin County: $41,400,000 annually 2020 Census Roaring Fork Valley Outreach Campaign05-06-19 TC Packet Page 80 of 112 84 State & Local Planning •Reduce the Undercount •Provide additional resources to support U.S. Census Bureau •Staffing •Outreach & Education •Local Partners 2020 Census Roaring Fork Valley Outreach Campaign05-06-19 TC Packet Page 81 of 112 85 State Outreach Program (DOLA) •Colorado Complete Count Campaign •Outreach/Education •Local support •U.S. Census Bureau coordination •HB 19-1239 –Census Outreach Grant Program •U.S. Census Bureau offices •Local Complete Count Campaigns 2020 Census Roaring Fork Valley Outreach Campaign05-06-19 TC Packet Page 82 of 112 86 Roaring Fork Valley Strategies –2019 & 2020 •Without local efforts, 1-3% in 2010 will likely be much higher in 2020 •Local Complete Count Committee •Develop outreach campaign •Work with valley partners and hard to count populations •Implementation support •Work with local partners on outreach and education •Staffing resources 2020 Census Roaring Fork Valley Outreach Campaign05-06-19 TC Packet Page 83 of 112 87 2020 Census Timeline 2020 Census Roaring Fork Valley Outreach Coordination05-06-19 TC Packet Page 84 of 112 88 Next Steps •Develop RFV Complete County Committee •Develop outreach & implementation plan for Roaring Fork Valley •Outreach to local non-profits, businesses and governmental entities to participate in Committee (Aspen to ??) •Roaring Fork Committee coordination with Census Bureau efforts 2020 Census Roaring Fork Valley Outreach Coordination05-06-19 TC Packet Page 85 of 112 89 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: May 6, 2019 AGENDA ITEM: Consideration/Approval of Mountain View Trail (Hawk Ridge Trail) Construction PRESENTED BY: Jeff Kremer, POSTR Advisory Board Chair Andy Worline, Parks, Recreation & Trails Director BACKGROUND: The POSTR Advisory Board is recommending the construction of the Hawk Ridge Trail. The specific recommendation from the POSTR plan states: Hawk Ridge Trail Project Description: This rugged trail would provide a connection between the Mountain View Trail and the Rim Trail behind employee housing and Hawk Ridge Lane. The POSTR Advisory Board invited all members from the HOA of Mountain View to attend the November 2018 monthly meeting to discuss the alignment, timing and future rules regarding this trail connection. The POSTR Board also invited this group and the community back to hear the trail construction presentation on April 3, 2019, and April 24, 2019, to make sure we have answered all their questions and concerns. We shared at the meetings, the National Trails Day project schedule that includes this Hawk Ridge connection. The feedback the board addressed at these meetings were pedestrian safety, dog access, and wildlife concerns. This trail will remove the users from navigating through the mountain view parking lot and create access, both to the south rim trail and the Snowmass Center. A critical safe connection identified by the community in both the CCP and POSTR planning. We communicated to the homeowners that this parcel (Parcel #3) designated for Open Space and Pedestrian Trails. The ordinance approving the land use for the Mountain View Resident Housing Planned Unit Development (Ordinance No. 5, Series of 1990) includes the acknowledgment of some wildlife impact. 3) because of the multiple family nature of the project and because the project will have an impact on an area used by wildlife, dogs should be prohibited. 05-06-19 TC Packet Page 86 of 112 90 This trail project will be a part of a Roaring Fork Outdoor Volunteer (RFOV) work day and as part of the 2019 National Trails Day. We will also be partnering with Roaring Fork Mountain Bike Association (RFMBA) to provide more volunteers and complete a large section of this project on the weekend of June 1st. The total cost of this project will be under $4000 and includes, the RFOV project fee, advertising and publicity and food for the participants. On October 4th, 2016 the Parks, Open Space, Trails & Recreation (POSTR) Plan that was unanimously adopted by the Town of Snowmass Village Town Council. This policy document included vision, goals, objectives, and guides the decision makers and Town Leaders in the development of Snowmass Village’s POSTR resources. One such overall goal of the POSTR Plan was to: Coordinate the development of POSTR components to build a cohesive network of recreational opportunities within the Town boundaries and connect those opportunities to recreation and values beyond the Town boundaries. The goals and the recommendations outlined in the POSTR plan clearly describe the creation of a trails system that accommodates the needs of all user groups and individuals within the community: • Objective 1.2: Establish trails in a variety of settings that provide an experience, connect places of interest, or serve both purposes. • Objective 1.5: Look for opportunities to connect to regional trail systems (i.e., Sky Mountain Park, USFS, ASC, etc.) to support a continuous network that extends beyond the Town of Snowmass Village. • Objective 2.1: Consider safety on multi-use trails with a focus on design, education, and management, while providing separate facilities where necessary. FINANCIAL IMPACT: The Town has budgeted $25,000 for soft surface trail improvements. We plan to spend $4000 on a Trails Day Volunteer effort by partnering with RFOV and RFMBA to start this project. Town staff will complete the finish work on this trail. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Safety, Connectivity, Parking and Transit - The Town needs to continue focusing its energy on making the community physically connected and as safe as possible. COUNCIL OPTIONS: 1. Approve 2. Deny STAFF RECOMMENDATION: 05-06-19 TC Packet Page 87 of 112 91 The POSTR Advisory Board strongly urges the Town of Snowmass Village Town Council to approve the building of this trail connection. ATTACHMENTS: 1. Hawk Ridge Trail - Presentation 05-06-19 TC Packet Page 88 of 112 92 Mountain View Trail A safer option for trail users 05-06-19 TC Packet Page 89 of 112 93 POSTR PLAN The Parks, Open Space, Trails and Recreation Plan (POSTR Plan) is a long - range planning and implementation document to guide the future development of the parks, open space, recreation, and trails within the Town. 05-06-19 TC Packet Page 90 of 112 94 TRAILS PROJECTS The Trail Projects listed below correspond to #’s 1 -25 listed on the future opportunities trail map. Trail projects are intended as generalized, conceptual alignments and are only meant to demonstrate the need for a connection between two trails or destinations. Trail alignments will require on the-ground flagging and more detailed design treatments to implement, and some trails may require partnerships, acquisition or agreements to construct and maintain. 05-06-19 TC Packet Page 91 of 112 95 05-06-19 TC Packet Page 92 of 112 96 05-06-19 TC Packet Page 93 of 112 97 AVLT Easement Hi Starr, Thanks for the email. It looks like only a very small portion of the proposed trail would occur on the Wildcat Ridge Conservation Easement. The portion that connects the existing Mtn. View trail to the proposed trail on the Mountain View PUD parcel (see attached map). This segment of new trail is consistent with the terms of the conservation easement. Please let me know if you have any further questions. All the best, Dave Erickson Stewardship Director Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 970-963-8440 dave@avlt.org 05-06-19 TC Packet Page 94 of 112 98 Existing Mountain View Trail Hawk Ridge Trail to South Rim 05-06-19 TC Packet Page 95 of 112 99 POSTR Meeting April 3, 2019-Hawk Ridge Trail Update Reasons for Trail •Safety concerns in parking areas •Confusion in parking areas •Identified as a priority in the POSTR Plan •Increase opportunity and connectivity Concerns for Trail •Wildlife •Dogs on Trail •Enforcement •Visual impacts to home owners •Mountain bikes and wildlife •Signage Response to Concerns •We are prohibiting dogs from the Hawk Ridge Trail •Dogs on trails issues, should report to code enforcement •This Parcel is owned by TOSV and described in PUD as “open space” •Zoned residential •We have new signage/wayfinding signs at hawk ridge and deer field drive. We can put more trails stamps on the pavement 05-06-19 TC Packet Page 96 of 112 100 05-06-19 TC Packet Page 97 of 112 101 05-06-19 TC Packet Page 98 of 112 102 05-06-19 TC Packet Page 99 of 112 103 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: May 6, 2019 AGENDA ITEM: Renewable Energy CIP Update and Consideration PRESENTED BY: Travis Elliott, Assistant to the Town Manager EXECUTIVE SUMMARY: As requested at the February 4, 2019 Town Council meeting, the following information is being presented to Town Council as an update for the Town’s renewable energy projects that have been included in the 2019 CIP budget. Since that meeting and presentation, the Town has secured another grant from the Colorado Department of Local Affairs (DOLA) in the amount of $200,000 for these combined renewable energy projects. We have also issued an RFP and received four bids for the solar PV project. Staff is recommending the Town Council direct staff to move forward with the renewable energy projects and execute a contract with Sunsense to begin working to make these projects a reality in 2019. BACKGROUND INFORMATION: The renewable energy projects that were included in the 2019 CIP budget emerged from conversations with the Town Council in May of 2018. During those conversations, the Town Council evaluated a variety of initiatives that would assist the Town in meeting our 20 by 20 carbon emission reduction goals. This included participating in Holy Cross Energy’s (HCE) Renewable Energy Purchase Program (REPP), and an evaluation of large ground mount solar arrays. The Town began participating in REPP in January, but the Town Council elected to not pursue large ground mount solar arrays. Instead, the Town Council directed staff to pursue the smaller solar and micro hydro projects. It was determined that these small projects, albeit more expensive per watt, are more suitable with the community’s aesthetic preferences, and would also preserve the future use and value of the land that the large ground mount solar projects would occupy. The resulting renewable energy projects that are now being considered at this Town Council meeting were largely designed back in 2013. Since then, the economics of 05-06-19 TC Packet Page 100 of 112 104 these projects have improved greatly. This is partially due to the $360,000 in grants and rebates that the Town has secured through partners like the Community Office for Resource Efficiency (CORE), DOLA, and HCE. The revenue incentives for these projects have also increased, which makes the value of the electricity produced much higher. The Town has applied and reserved space in the HCE Generation Tariff program, which will pay the Town guaranteed revenues for at least 20 years for the energy that is produced. This program and offer to the Town expires in 2019. The Town issued an RFP for the solar projects on March 7, 2019, and we received four bids. A cost breakdown these bids are attached (Attachment B). An evaluation committee of four people (three TOSV staff members and one EAB member) reviewed the proposals and selected Sunsense as the best bid. Although specifics of the proposal still need to be finalized, a majority of the committee (3 out of 4) felt their documentation, plans, designs, and total bid far exceeded the quality of the other proposals we received. COST BENEFIT ANALYSIS: At the February 4th Town Council meeting, a lot of the numbers that were presented were rough estimates, and there were still a number of unknowns. We now have much more accurate numbers for the anticipated costs, production, grants and rebates that the Town can expect to incur. Using the bid from Sunsense as the final cost estimates, the numbers have only improved since the Town Council last reviewed these projects. The simple payback year has decreased from 22 years to a little over 16 years. The 25-year Net Present Value (NPV) has increased from a negative ($40,000) to a positive $220,000. This is primarily due to the additional grants and rebates Town staff have secured since we last met. A full breakdown of these calculations, by each project, is available below: Site Cost Break Even Year Simple Payback Year 25 Year NPV* Public Works (181,955)$ 6 11 68,933$ Town Hall (316,210)$ 8 17 28,522$ Rec Center (215,205)$ 8 16 15,156$ Town Park Station (25,485)$ 14 26 (6,101)$ Mountain View II Kearns Micro Hydro (96,000)$ NA 10.5 116,034$ TOTAL / AVG (834,855)$ 9 16.10 222,543$ TOSV Renewables *2% discount rate applied to calculate the 25 year Net Present Value (NPV) 05-06-19 TC Packet Page 101 of 112 105 Updated site plan drawings and designs are included for your reference as attachment A. These will be modified during a final design process with the chosen contractor, thus keeping the total project cost at or below the approved budgeted amount. ADVISORY BOARD RECOMMENDATIONS: These renewable energy projects were reviewed by both the Town’s Environmental Advisory Board (EAB), and the Financial Advisory Board (FAB) on January 8th and 9th, respectively. Both Boards passed official motions to endorse the projects as designed, and recommended the Town proceed. A memo summarizing their support and findings is attached for your reference (Attachment C). The financials of this project have only improved since then. CORE has also been very supportive of these renewable energy projects, and they have submitted the attached letter of support for your consideration (Attachment D). (This is to serve as written notification that a Town Board Member will be appearing before the Town Council on a personal matter as required in Chapter 2 - Article V - Section 2-97 of the Town’s Code of Ethics within the Municipal Code.) Joseph Goodman (a member of the EAB), who participated on the evaluation committee, may appear at the meeting to voice concerns with the Town’s decision to proceed with the solar projects. He will not be representing the EAB but will be representing his own personal concerns. FINANCIAL IMPACT: The Town is proposing to use HCE Community Enhancement Funds for these projects, and we have included $992,886 in the 2019 CIP budget. The use of Community Enhancement Funds for this purpose was approved by the HCE Board of Directors earlier this year. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: These projects are a direct result of the Town’s Sustainability Plan, the 20 by 20 carbon emission reduction goal, the Comprehensive Plan, and the Town Council’s commitment to resiliency as stated in the 2019 Strategic Goals. COUNCIL OPTIONS: 1. Direct staff to proceed with the renewable energy projects 2. Decline to proceed with all or a portion of the renewable energy projects at this time 05-06-19 TC Packet Page 102 of 112 106 STAFF RECOMMENDATION: Direct staff to proceed with the projects and execute the necessary contracts. ATTACHMENTS: A. Updated Solar Site Plans B. Summary of Solar Bids Received from Contractors C. Summary Memo of EAB & FAB Recommendations D. Letter of Support from CORE 05-06-19 TC Packet Page 103 of 112 107 GROUND MOUNT ARRAY(108) VIKRAM370 WATT MODULES39.96 kW DC STCPITCHED ROOF ARRAY(14) VIKRAM 370 WATT MODULES5.18 kW DC STCBARREL ROOF ARRAY(80) VIKRAM 370 WATT MODULES29.6 kW DC STCPOLE MOUNT ARRAYS(24) VIKRAM 370WATT MODULES8.88 kW DC STCTOSV TOWN HALL PV SYSTEM SUMMARYDC STC RATING - 83.620 KWAC NAMEPLATE RATING - 66.6 KW(226) VIKRAM SOLAR SOMERA VSM.72.370.AA.02.03 MODULES(1) SOLAREDGE SE66.6KUS INVERTERThis drawing is the property of Sunsense, Inc. This information is confidential and is to be used only in connection with work described by Sunsense, Inc. No part is to be disclosed to others without written permission from Sunsense Inc. Confidentiality StatementREV. DESCRIPTION DATE Project: Drawing:TOWN HALL PROPOSAL SITE PLAN Address: Sheet No.REC 1 REV. PHOTOVOLTAIC SYSTEM TOWN OF SNOWMASS VILLAGE 1.0 1.0 CHK. BYDRN. BY XXX SNOWMASS VILLAGE, CO 81615 4/5/2019 JWL SESheet No.REC 11629 Delores Way, Ste. E, Carbondale, CO 81623www.sunsensesolar.com 970.963.1420 PROPOSALSCALE: 1/32" = 1'0" (11X17)PROPOSAL SITE PLAN05-06-19 TC PacketPage 104 of 112108 GROUND MOUNT ARRAY (OPTIONAL)(102) VIKRAM 370 WATT MODULES37.74 kW DC STCPOLE MOUNT ARRAYS (OPTIONAL)(36) VIKRAM 370 WATT MODULES13.32 kW DC STCTOSV PUBLIC WORKS PV SYSTEM SUMMARYDC STC RATING - 84.73 KWAC NAMEPLATE RATING - 66.6 KW(229) VIKRAM SOLAR SOMERA VSM.72.370.AA.02.03 MODULES(1) SOLAREDGE SE66.6KUS INVERTEROPTIONAL - GROUND MOUNT & POLE MOUNTSDC STC RATING - 51.06 KWAC NAMEPLATE RATING - 43.3 KW(138) VIKRAM SOLAR SOMERA VSM.72.370.AA.02.03 MODULES(1) SOLAREDGE SE33.3KUS(1) SOLAREDGE SE10KUSAWNING MOUNT ARRAY(50) VIKRAM 370 WATT MODULES18.5 kW DC STCFLAT ROOF ARRAY 1(144) VIKRAM 370 WATT MODULES53.28 kW DC STCFLAT ROOF ARRAY 2(35) VIKRAM 370 WATT MODULES12.95 kW DC STCThis drawing is the property of Sunsense, Inc. This information is confidential and is to be used only in connection with work described by Sunsense, Inc. No part is to be disclosed to others without written permission from Sunsense Inc. Confidentiality StatementREV. DESCRIPTION DATE Project: Drawing:PUBLIC WORKS PROPOSAL SITE PLAN Address: Sheet No.PW 1 REV. PHOTOVOLTAIC SYSTEM TOWN OF SNOWMASS VILLAGE 1.0 1.0 CHK. BYDRN. BY SNOWMASS VILLAGE, CO 81615 4/5/2019 JWL SESheet No.PW 11629 Delores Way, Ste. E, Carbondale, CO 81623www.sunsensesolar.com 970.963.1420 PROPOSALSCALE: NTSPROPOSAL SITE PLAN05-06-19 TC PacketPage 105 of 112109 POLE MOUNT ARRAYS(60) VIKRAM 370 WATT MODULES22.2 kW DC STCROOF ARRAY(66) VIKRAM 370 WATT MODULES24.42 kW DC STCTOSV REC CENTER PV SYSTEM SUMMARYDC STC RATING - 46.62 KWAC NAMEPLATE RATING - 40 KW(126) VIKRAM SOLAR SOMERA VSM.72.370.AA.02.03 MODULES(2) SOLAREDGE SE20KUS INVERTERThis drawing is the property of Sunsense, Inc. This information is confidential and is to be used only in connection with work described by Sunsense, Inc. No part is to be disclosed to others without written permission from Sunsense Inc. Confidentiality StatementREV. DESCRIPTION DATE Project: Drawing:REC CENTER PROPOSAL SITE PLAN Address: Sheet No.REC 1 REV. PHOTOVOLTAIC SYSTEM TOWN OF SNOWMASS VILLAGE 1.0 1.0 CHK. BYDRN. BY SNOWMASS VILLAGE, CO 81615 4/5/2019 JWL SESheet No.REC 11629 Delores Way, Ste. E, Carbondale, CO 81623www.sunsensesolar.com 970.963.1420 PROPOSALPROPOSAL SITE PLANSCALE: 1/32" = 1'0" (11X17)05-06-19 TC PacketPage 106 of 112110 ROOF ARRAY(18) VIKRAM 370 WATT MODULES6.66 kW DC STCTOSV TOWN PARK STATION PV SYSTEM SUMMARYDC STC RATING - 6.66 KWAC NAMEPLATE RATING - 6 KW(18) VIKRAM SOLAR SOMERA VSM.72.370.AA.02.03 MODULES(1) SOLAREDGE SE6000H-US INVERTERThis drawing is the property of Sunsense, Inc. This information is confidential and is to be used only in connection with work described by Sunsense, Inc. No part is to be disclosed to others without written permission from Sunsense Inc. Confidentiality StatementREV. DESCRIPTION DATE Project: Drawing:TOWN PARK STATION PROPOSAL SITE PLAN Address: Sheet No.TPS 1 REV. PHOTOVOLTAIC SYSTEM TOWN OF SNOWMASS VILLAGE 1.0 1.0 CHK. BYDRN. BY SNOWMASS VILLAGE, CO 81615 4/5/2019 JWL SESheet No.TPS 11629 Delores Way, Ste. E, Carbondale, CO 81623www.sunsensesolar.com 970.963.1420 PROPOSALPROPOSAL SITE PLANSCALE: 1/16" = 1'0" (11X17)05-06-19 TC PacketPage 107 of 112111 TOSV Solar PV Project 74.61.574008 Location Array kW Price / W kW Price / W kW Price / W kW Price / W kW Price / W Town Hall Rooftop 35.19 3.11$ 109,296$ 83.30 4.39$ 365,687$ 35.19 19.98 3.84$ $76,706 34.78 Ground Mount 39.68 3.50$ 138,863$ 39.67 65.12 3.06$ $199,001 39.96 Pole Mount 8.28 5.50$ 45,540$ 8.28 8.88 7.80$ $69,306 8.88 83.15 3.53$ 293,699$ 83.30 4.39$ 365,687$ 83.14 4.80$ 398,739$ 93.98 3.67$ $345,013 83.62 3.78$ 316,210$ Public Works Rooftop 85.00 4.39$ 373,150$ 16.50 40.39 3.89$ $157,169 84.73 Ground Mount 37.95 3.50$ 132,825$ 37.35 31.45 3.12$ $97,990 37.74 Pole Mount 12.42 5.50$ 68,310$ 12.42 13.32 7.30$ $97,266 13.32 Awning 18.63 4.25$ 79,178$ 18.65 69 4.06$ 280,313$ 85.00 4.39$ 373,150$ 84.92 5.22$ 443,282$ 85.16 4.14$ 352,425.00 135.79 3.07$ 417,185$ Town Park Station Rooftop 6.21 4.30$ 26,703$ 6.12 4.39$ 26,867$ 6.21 31,876$ 5.92 5.37$ $31,788 6.66 6.21 4.30$ 26,703$ 6.12 4.39$ 26,867$ 6.21 5.13$ 31,876$ 5.92 5.37$ 31,788.00 6.66 3.83$ 25,485$ Recreation Center Rooftop 20.3 2.70$ 54,886$ 41.48 4.39$ 182,097$ 20.00 32.56 3.37$ $109,627 Ground Mount 8.88 7.71$ $68,455 24.42 Pole Mount 20.7 5.00$ 103,500$ 21.00 22.20 41 5.00$ 158,386$ 41.48 4.39$ 182,097$ 41.00 5.04$ 206,633$ 41.44 4.30$ 178,082.00 46.62 4.62$ 215,205$ Mountain View II Rooftop 41.48 4.32$ 179,112$ 39.99 4.24$ 169,557$ 16.28 4.16$ $67,752 Pole Mount 17.76 4.16$ $73,801 41.48 4.32$ 179,112$ 39.99 4.24$ 169,557$ 34.04 8.32$ 141,553.00 - -$ -$ TOTAL Base Bid 199.36 3.81$ 759,101 257.38 4.38$ 1,126,913$ 255.26 4.90$ 1,250,087$ 260.54 4.03$ 1,048,861.00 272.69 3.57$ 974,085$ Notes Location Sub-total Location Sub-total Location Sub-total Location Sub-total Atlasta Location Sub-total Hunt Sunsense Total Total Total Total Total Original Estimate (Jan. 2018) - Sunpower modules; - Panasonic panels; IQ inverters - Included alternate pricing for additional battery storage. - Excluded Mtn View II, and added that kW to the Public Works site - Included roughly $46k as alternate bid for wildlife fencing - Vikram panels; Solaredge inverters - Included alternate bid for kW energy storage system for $755k Bestway 05-06-19 TC Packet Page 108 of 112 112 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: February 4, 2019 AGENDA ITEM: Advisory Board Findings on 2019 Renewable Energy Projects PRESENTED BY: Greg Smith, Financial Advisory Board Chair Andrew Wickes, Environmental Advisory Board Chair Travis Elliott, Assistant to the Town Manager BACKGROUND: The Town Council requested the Environmental Advisory Board and Financial Advisory Board review the proposed renewable energy projects that were included in the 2019 budget process last fall. Each board reviewed the projects and expected cash flows at their January 8th and January 9th meetings, respectively. A summary of their general discussions and recommendations are below, and both Board Chairs will be in attendance to present their findings. Environmental Advisory Board Recommendations & Discussion Notes January 8, 2019 • Overall, the EAB was very supportive of all six renewable energy projects. • Some members of the EAB believe staff are using very conservative estimates, and they would like to note that the total costs, return on investments, and total production will most likely be much more favorable to the Town. • The EAB has been evaluating and pursuing these renewable energy projects for a long time. Most of the solar projects were first proposed by the board in 2013. The EAB feels as though this is a step in the right direction that is long overdue. • Although the EAB supports these projects as proposed, the board would also like the Town to do more. The current renewable energy projects proposed for 2019 present a significant opportunity that can be leveraged to meet additional Town goals and effect greater change in the region. 05-06-19 TC Packet Page 109 of 112 113 • In coordination with Holy Cross, the EAB would like for the Town to evaluate the “critical loads” of these facilities and incorporate storage where feasible. This will allow the Town to harvest and store the renewable energy, creating a back-up energy supply, and increase the Town’s resilience in emergencies with long-term power outages. • Official Motion: Board Member Joseph Goodman made a motion, on behalf of the EAB, in support of proceeding with the six renewable energy projects presented by staff, as well as partnering with Holy Cross Energy to explore resiliency opportunities through further evaluating critical energy loads and battery storage options. Board Chairperson Andrew Wickes seconded the motion. The motion was approved in a vote of 4 in favor, 0 opposed. Financial Advisory Board Recommendations & Discussion Notes January 9, 2019 • The FAB noted that the financial analysis of this investment requires many assumptions which are at least partially unknown. These include the efficiency rate and degradation rate of the solar panels and the cost of electricity for the next 20-25 years, for example. • From a purely financial viewpoint, the solar panel portion of the project should be viewed as breakeven at best, unless additional grants are obtained. Solar panels generally have a 20-25 year life. The net present value of the solar panels alone is negative $40,000 at 25 years using a 2% discount rate, which means the panels are not likely to pay back their initial investment in their lifetime. With the micro-hydro project included, the net present value at 25 years for the total project swings to a positive $85,000. • The FAB appreciates that this investment is not fundamentally about financial returns. We understand that the goal is to provide a visible demonstration of the Town’s commitment to the environment and sustainable energy use and to provide an opportunity to use this project as a leadership platform to encourage the use of sustainable energy. • The total project will reduce total community-wide emissions by 0.3% and contribute 6.3% of the remaining reductions necessary to achieve the Town’s emissions goal. • The FAB strongly supported the Micro-Hydro project and recommended that the Town look at other opportunities of this type for future projects. • The FAB agreed that the Holy Cross Community Enhancement funds should be used for this project since these funds are more restricted. They also noted that 05-06-19 TC Packet Page 110 of 112 114 this would allow some General Fund money that is usually used to pay the electric bills to be used elsewhere. • The FAB recommended phasing some of the Solar Panel projects if possible, which would allow the Town time to evaluate the projects for future improvements. It should be noted, however, that this approach could impact the grant money available and may not be feasible. • The FAB suggested that carbon offset be added to the chart and analysis. • The FAB also suggested that the performance of the solar projects be included as a dashboard on the Town’s website so the community can follow the progress and carbon savings of the projects. FINANCIAL IMPACT: The total cost of these six renewable energy projects, $992,886, has been included in the 2019 budget. This does not include the various grants, rebates, and donations that the Town expects to secure to reduce the cost to the Town. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: These renewable energy projects are a direct result of the Town Council’s goal to reduce the community’s carbon emissions 20% by 2020. It is also in line with the Town Council’s more recent commitments to protecting our environment through sustainability and resiliency. COUNCIL OPTIONS: 1. No formal action is required by the Town Council. STAFF RECOMMENDATION: Listen to the advice and recommendations from each Advisory Board. 05-06-19 TC Packet Page 111 of 112 115       970.925.9775  |  ASPENCORE.ORG  |  ENERGY@ASPENCORE.ORG   May  2,  2019     Dear  Mayor  Butler  and  Members  of  Snowmass  Village  Town  Council:     I  am  writing  to  urge  council  to  approve  a  contract  to  install  the  renewable  energy  projects   that  will  be  considered  during  the  Monday,  May  6  council  meeting.    CORE  has  long  been  a   leader  in  supporting  the  community’s  move  towards  a  cleaner  and  more  sustainable  future.     As  you  know,  CORE  awarded  the  Town  a  $110,000  Randy  Udall  Energy  Pioneer  Grant  to   support  the  installation  a  PV  system  on  Town  Hall.         The  Town  has  made  a  commitment  to  reducing  carbon  emissions  20%  by  2020.       These  projects  support  that  goal  and  are  a  great  step  forward  to  help  Snowmass  reduce   energy  costs  and  carbon  emissions  in  its  own  operations.    Moreover  these  projects  set  an   example  for  residents,  businesses  and  visitors  that  the  town  is  taking  action.         Best  regards,      Mona  L.  Newton   Executive  Director     05-06-19 TC Packet Page 112 of 112 116