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05-20-19 Town Council PacketTown Council Monday, May 20, 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.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) 4.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. 4.A.DRAFT AGENDAS Draft Agendas Page 3 5.ADMINISTRATIVE REPORTS 1 Town Council Page - 2 5.A.EOTC AGENDA SETTING MEETING Agenda Summary EOTC Page 6 EOTC Draft Agenda Page 7 5.B.CONTINUED DISCUSSION ON OWL/BRUSH CREEK ROUNDABOUT Agenda Summary Owl And Brush Creek Roundabout Page 8 Exhibit A -SnowmassRBComparison Page 10 Operational Summary Slide Page 13 5.C.RESOLUTION NO. 30, SERIES OF 2019 - A RESOLUTION AUTHORIZING THE ENTRANCE INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE AND THE ASPEN SCHOOL DISTRICT REGARDING VOTER-APPROVED TAX FOR EDUCATIONAL PURPOSES Agenda Summary IGA Page 14 Reso 30 IGA Page 15 Redline IGA Page 18 Clean IGA Page 24 6.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 7.ADJOURNMENT 2 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 20th – Regular Meeting • Continued Owl/Brush Creek round about discussion • EOTC Agenda Setting Meeting • IGA with school district for distribution of voter approved tax? Mon. Jun. 3rd - Regular Meeting (Butler out) • Flood Plan Ordinance 1st reading • Environmental leadership award • Update on construction and happenings at the Collective • Review Draft 2019 Community Survey • Owners update on Coffey Place Mon. Jun. 10th - Work Session (Butler Shenk out) Mon. Jun. 17th - Regular Meeting • Joint Meeting with the Marketing, Group Sales and Special Events Board (4:00) • Prep for EOTC June 20 Meeting • Review of updated Mall Transit Station Concept (tentative) • Hawkridge Trail Regulation Discussion • Flood Plan Ordinance 2nd reading Thurs. Jun. 20th - EOTC Meeting - Pitkin County to Chair Mon. Jul. 1st - Regular Meeting (Kinney out) • Senior Housing in Snowmass Village & Aging in Place • SAAB recommendation on entryway Art Selection Mon. Jul. 8th - Work Session (Shenk out) • Joint Meeting with Volunteer Board Mon. Jul. 15th - Regular Meeting (Shenk out) Mon. Aug. 5th - Regular Meeting • Exec Session personnel review 05-20-19 TC Packet Page 3 of 29 3 DRAFT 2019 Agenda Items Wed. Aug 7th - EOTC All Day Retreat Mon. Aug. 12th - Work Session • Joint Meeting with Snowmass Arts Advisory Board Mon. Aug 19th - Regular Meeting • Exec session personnel review Tue. Sep. 3rd - Regular Meeting (Monday is Labor Day) • 2019 Community Survey Report of Results • Review Proposed Housing Regulations Modifications?? Mon. Sep. 9th - Work Session • Joint Meeting with POSTR Board • Joint Meeting with PTRAB Mon. Sep. 16th - Regular Meeting • Compensation Analysis Review Mon. Oct. 7th - Regular Meeting • 2020 Budget Introduction 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 GID Meeting • GID revised Budget 2019 • GID Budget 2020 Mon. Nov. 4th - Regular Meeting • PH and Reso Adopting 2020 Budget • Public Hearing – Road Mill Levy Mon. Nov. 11th -Work Session • GID Budget approval • Mon. Nov. 18th - Regular Meeting Mon. Dec. 2nd - Regular Meeting Mon. Dec. 9th – Regular GID Meeting • GID – Reso Setting Mill Levy Mon. Dec. 9th - Special Meeting • TC – Reso Setting Mill Levy 05-20-19 TC Packet Page 4 of 29 4 DRAFT 2019 Agenda Items Mon. Dec. 16th - Regular Meeting Topics for Work Sessions or Other Meetings Requested by Town Council Members • Discussion regarding putting a tobacco tax on November ballot • Discussion to consider a ban on the sale of flavored tobacco • 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 05-20-19 TC Packet Page 5 of 29 5 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: May 20, 2019 AGENDA ITEM: June 20, 2019 EOTC Agenda Setting Meeting PRESENTED BY: David Pesnichak, Regional Transportation Administrator BACKGROUND: This goal of this meeting is to get feedback on the agenda for the upcoming EOTC meeting on June 20, 2019. FINANCIAL IMPACT: None. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Community Engagement, Safety, and Regionalism COUNCIL OPTIONS: Meeting is informational and to answer questions only. STAFF RECOMMENDATION: Provide feedback and comments on the proposed upcoming June 20, 2019 EOTC agenda. ATTACHMENTS: Proposed EOTC agenda for June 20, 2019 05-20-19 TC Packet Page 6 of 29 6 Elected Officials Transportation Committee (EOTC) Thursday, June 20, 2019 - 4:00pm Location - Pitkin County Board of County Commissioners Meeting Room Host and Chair - Pitkin County ____________________________________________________________________________________ I. 4:00 - 4:10 PUBLIC COMMENT (Comments limited to three minutes per person) II. 4:10 - 5:00 BRUSH CREEK PARK AND RIDE - FLAP IMPROVEMENTS David Pesnichak, Transportation Administrator Decision Needed: Reallocation of Certain Matching Funds from 2020 to 2019, and Specific Design Review III. 5:00 - 5:30 DYNAMIC MESSAGE SIGN (DMS) David Pesnichak, Transportation Administrator; Chris Baroody, Pitkin County Decision Needed: Location of DMS VI. 6:00 – 6:45 UPDATES-INFORMATION ONLY A. EOTC RETREAT David Pesnichak, Transportation Administrator; Stephanie Zaza, Retreat Facilitator B. TOSV TRANSIT CENTER David Peckler, Town of Snowmass Village *Next meeting is October 17, 2019 - City of Aspen to Host & Chair 05-20-19 TC Packet Page 7 of 29 7 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: May 20, 2019 AGENDA ITEM: Owl Creek Road and Brush Creek Road Roundabout Design update. PRESENTED BY: Anne Martens, Public Works Director BACKGROUND: In the 2019 Budget, the Town Council appropriated $330,000 to continue the development of design drawings for the proposed improvements at the Brush Creek and Owl Creek intersection. This funding amount is expected to get the design to about a 50% completion level. Tonight is a continuation of the Council discussion regarding two options for the Owl Creek Road and Brush Creek Road intersection design. Attached are the exhibits that compare option A, a full size roundabout with option B, a smaller size roundabout. Both designs include a roundabout with a bypass right turn lane onto Owl Creek Road as the intersection improvement. Each design also includes transit stops for both RFTA and the Town Shuttle, Pedestrian Crossings, and associated facilities. The project also includes design to cross the Brush Creek stream utilizing either a bridge crossing over Brush Creek or box culvert that incorporates a pedestrian underpass. Lastly, the project includes pedestrian access in the project area such as the Brush Creek Trail. All of the utility owners have infrastructure in the project area that are aging and would be upgraded as part of the improvement project. The project construction schedule has not been recommended at this time and will be further discussed as cost estimates become available and funding options are discussed. At this point in the design, staff would like to provide clear direction to SGM (the Town’s engineers) about which option (A or B) to continue forward with on design. FINANCIAL IMPACT: The 2019 budget includes funding for the design for this intersection. 05-20-19 TC Packet Page 8 of 29 8 APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: This project is associated with the council goal of improving safety within the community. This project will improve the existing level of service of the intersection but will also improve other multimodal elements such as pedestrian crossings, transit elements, and trail access. There are also several other elements associated with this project, such as storm drainage improvements and the stream crossing, along with the other utility infrastructure improvements. COUNCIL OPTIONS: 1. Make a motion to move forward with the large roundabout design. 2. Make a motion to move forward with the small roundabout design. 3. No action. STAFF RECOMMENDATION: Staff (including the Police Department, Public Works, Transit, and Community Development) recommends that the Council make a motion to direct staff to continue forward with the design of the full size roundabout. ATTACHMENTS: Exhibit A – Large vs Small Roundabout preliminary design comparison. 05-20-19 TC Packet Page 9 of 29 9 Title:RoundaboutComparison ExhibitRevision#Dwg No.Brush Creek Roundabout Snowmass Village, COJob No.Drawn by:Date:File:PE:QC:91004DAMC1.8.19RGNBrushCreekRB-ComparisonExhibitRG118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:13Of :Graphic ScaleIn Feet: 1" = 60'0 30 6012005-20-19 TC PacketPage 10 of 2910 Title: 115' RoundaboutRevision#Dwg No.Brush CreekRoundaboutSnowmass Village, COJob No. Drawn by: Date: File: PE:QC: 91004D AMC 1.8.19 RGN BrushCreekRB-ComparisonExhibit RG 118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.comDate By:Preliminary Not For ConstructionProject Milestone:2 3Of : Graphic Scale In Feet: 1" = 60' 0 30 60 120 05-20-19 TC Packet Page 11 of 29 11 Title:87' RoundaboutRevision#Dwg No.Brush Creek Roundabout Snowmass Village, COJob No.Drawn by:Date:File:PE:QC:91004DAMC1.8.19RGNBrushCreekRB-ComparisonExhibitRG118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:33Of :Graphic ScaleIn Feet: 1" = 60'0 30 6012005-20-19 TC PacketPage 12 of 2912 Operational Summary “Roundabouts operate with the least delay, fewest stops, and shortest overall queues.” 05-20-19 TC Packet Page 13 of 29 13 1 MEMORANDUM TO: Snowmass Village Town Council FROM: John Dresser DATE: May 20, 2019 SUBJECT: Resolution No. 30 of 2019 – Property Tax IGA with Aspen School District I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Consideration and approval of an IGA with ASD to collect and remit Property Tax for educational purposes. II. BACKGROUND TOSV voters approved a property tax for 5 years to supplement funding to ASD for educational purposes. III. DISCUSSION ITEMS: ALTERNATIVES AND IMPLICATIONS TOSV has been collecting the Property Tax. This IGA formalizes the arrangements. IV. STAFF RECOMMENDATIONS AND FINDINGS Staff recommends that Town Council approve the IGA with ASD. 05-20-19 TC Packet Page 14 of 29 14 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 30 4 SERIES OF 2019 5 6 A RESOLUTION AUTHORIZING THE ENTRANCE INTO AN 7 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS 8 VILLAGE AND THE ASPEN SCHOOL DISTRICT REGARDING VOTER-APPROVED 9 TAX FOR EDUCATIONAL PURPOSES 10 11 12 WHEREAS, the Town of Snowmass Village (“TOSV”) and the Aspen School 13 District RE 1 (“ASD”) are both political subdivisions of the State of Colorado; and 14 15 WHEREAS, pursuant to C.R.S. §§ 29-1-201, et seq. and 29-20-105, local 16 governments are authorized and encouraged to cooperate or contract with other units of 17 government in matters set out in this Intergovernmental Agreement (“IGA”); and 18 19 WHEREAS, it is within the legislative discretion of the Town Council to determine 20 that providing financial assistance to the School District is a municipal or public purpose; 21 and 22 23 WHEREAS, having a well-funded and strong educational system within the 24 community assists the Town’s economic development efforts; and 25 26 WHEREAS, the existence of quality educational programs benefits not only the 27 school children who live here, but also improves the quality of life in the Town; and 28 29 WHEREAS, on November 6, 2016, the electors of the Town approved an annual 30 property tax increase of $510,000.00 with the funds derived from such tax increase to be 31 used for the educational purpose of providing support to the School District and to 32 reimburse the Town for the costs of collection of such taxes imposed by Pitkin County 33 (the "Tax Increase"); and 34 35 WHEREAS, the Town Council has determined and the voters have approved the 36 collection of the Tax Increase and that it is appropriate and desirable to disburse the funds 37 generated by the Tax Increase for educational purposes to the Snowmass Village Public 38 Education Fund, as described below, which has the expertise, community support and 39 volunteers to accomplish that task in a professional and community-minded manner while 40 05-20-19 TC Packet Page 15 of 29 15 Resolution No. 24, Series of 2019 Page 2 maintaining the highest standards of accountability for the expenditure of those tax 41 dollars; and 42 43 WHEREAS, this Agreement is intended to formalize the arrangement between the 44 Town and the School District for the payment and utilization of the funds derived from the 45 Tax Increase approved by the electors on November 8, 2016. 46 47 WHEREAS, the Town Council desires to approve and enter into the proposed 48 Intergovernmental Agreement (“IGA”) to establish a process to collect and deliver Tax 49 payments collected by the Town to the Snowmass Village Public Education Fund for the 50 benefit of school aged children enrolled in ASD; and 51 52 WHEREAS, the Town Council finds that the adoption of this Resolution is 53 necessary for the immediate preservation of the public health, safety and welfare. 54 55 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 56 Snowmass Village, Colorado: 57 58 1. Approval of Proposal. The proposed IGA to establish a process to collect and 59 remit Tax, in the form of the Intergovernmental Agreement attached hereto as Exhibit "A" 60 and incorporated herein by this reference, is hereby approved and accepted. 61 62 2. Direction to Town Manager. The Town Manager is hereby authorized and 63 directed to execute the Intergovernmental Agreement as approved. 64 65 3. Severability. If any provision of this Resolution or application hereof to any 66 person or circumstance is held invalid, the invalidity shall not affect any other provision or 67 application of this Resolution which can be given effect without the invalid provision or 68 application, and, to this end, the provisions of this Resolution are severable. 69 70 INTRODUCED, READ AND ADOPTED, by the Town Council of the Town of 71 Snowmass Village, Colorado, on the 20th day of May, 2019 upon a motion made by 72 Council Member ____________________, seconded by Council Member 73 ________________, and by a vote of _______ in favor and _________ opposed. 74 75 76 TOWN OF SNOWMASS VILLAGE 77 78 By: _____________________________ 79 Markey Butler, Mayor 80 05-20-19 TC Packet Page 16 of 29 16 ATTEST: 81 82 ___________________________ 83 Rhonda Coxon, Town Clerk 84 APPROVED AS TO FORM: 85 86 87 ________________________________ 88 John C. Dresser, Jr., Town Attorney 89 05-20-19 TC Packet Page 17 of 29 17 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE AND THE ASPEN SCHOOL DISTRICT REGARDING VOTER-APPRIOVED TAX FOR EDUCATIONAL PURPOSES This Agreement is entered into effective as of the ____ day of ______________, 2019, by and between the Town of Snowmass Village, Colorado, a municipal corporation duly organized and existing as a home-rule municipality under the laws of the State of Colorado, hereinafter referred to as "Town" and the Aspen School District No. 1 (RE), Pitkin County, Colorado, a political subdivision of the State of Colorado organized under and existing by virtue of the laws of the State of Colorado, hereinafter referred to as "School District." WITNESSETH WHEREAS, the Town and School District believe that the provision of quality educational programs is one of the most critical needs in the Aspen-Snowmass area; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports the cooperation or contracting by or among any of its political subdivisions to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units, including without limitation, the sharing of costs, the imposition of taxes, or the incurring of debt; and WHEREAS, C.R.S. Sections 29-1-201 and 203 permit and encourage government entities to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governmental entities to provide any function, service, or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, C.R.S. Section 29-1-202(2) defines political subdivisions to include municipal corporations and school districts; and WHEREAS, C.R.S. Section 22-32-122 grants to school districts the power to contract with a municipal corporation for the performance of any service, activity, or undertaking which any school district may be authorized by law to perform or undertake; and WHEREAS, Article XI, Section 7 of the Colorado Constitution provides that no provision of said Constitution shall be construed to prevent the State or any political subdivision from giving direct or indirect financial support to any political subdivision as may be authorized by general statutes; and WHEREAS, the Town Charter authorizes the Town Council to levy and impose taxes and to spend general funds for municipal purposes, provided that any new tax or tax increase has been approved by the qualified electors of the Town at a regular or special election; and WHEREAS, it is within the legislative discretion of the Town Council to determine that providing financial assistance to the School District is a municipal or public purpose; and WHEREAS, having a well-funded and strong educational system within the community assists the Town’s economic development efforts; and 05-20-19 TC Packet Page 18 of 29 18 WHEREAS, the existence of quality educational programs benefits not only the school children who live here, but also improves the quality of life in the Town; and WHEREAS, on November 6, 2016, the electors of the Town approved an annual property tax increase of $510,000.00 with the funds derived from such tax increase to be used for the educational purpose of providing support to the School District and to reimburse the Town for the costs of collection of such taxes imposed by Pitkin County (the "Tax Increase"); and WHEREAS, the Town Council has determined and the voters have approved the collection of the Tax Increase and that it is appropriate and desirable to disburse the funds generated by the Tax Increase for educational purposes to the Snowmass Village Public Education Fund, as described below, which has the expertise, community support and volunteers to accomplish that task in a professional and community-minded manner while maintaining the highest standards of accountability for the expenditure of those tax dollars; and WHEREAS, this Agreement is intended to formalize the arrangement between the Town and the School District for the payment and utilization of the funds derived from the Tax Increase approved by the electors on November 8, 2016. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and pursuant to the authority contained in Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, it is agreed by and between the Town and the School District as follows: SECTION 1. SUBMISSION OF TAX INCREASE PROPOSAL TO VOTERS The Town adopted the necessary ordinance and resolution (Resolution No. 27 Series of 2016) as required to submit to the qualified electors of the Town the question of the Tax Increase for the educational purpose of providing support to the School District and to reimburse the Town for the costs of collection of such taxes imposed by Pitkin County as provided for herein. The Tax Increase was approved by the electors in the Town on November 8, 2016, for educational purposes. SECTION 2. QUESTION SUBMITTED The question approved by the qualified electors in the November 8, 2016, election included, in addition to the Tax Increase, sufficient authorization under Article X, Section 20 of the Colorado Constitution to increase the Town’s revenues to permit the collection of the tax as well as authorization to increase the Town’s expenditures so as to permit the Town to pay over the proceeds collected to the Snowmass Village Public Education Fund. SECTION 3. TERM The question as submitted to the qualified electors provided that the Tax Increase shall commence in 2017 for collection in 2018, and in each of the calendar years 2018 through 2021, the final collection year to be 2022, unless the qualified electors of the Town authorize an extension. This Agreement shall terminate two years following the termination of the Tax Increase, unless further extended by agreement of the parties and approval of the electors of the Town of a ballot question at a regularly scheduled election. The intent of the parties in extending the term of this Agreement for two years beyond the termination of the tax is to allow for the completion of the funding of existing grants and to wrap up the affairs of the Snowmass 05-20-19 TC Packet Page 19 of 29 19 Village Public Education Fund. This section shall be in effect unless this Agreement is otherwise terminated pursuant to other provisions set forth below. SECTION 4. CREATION OF THE SNOWMASS VILLAGE PUBLIC EDUCATION FUND a. The Snowmass Village Public Education Fund ("Fund") will behas been formed to act as the recipient and disburser of the designated tax revenues. The Fund will beis a Colorado nonprofit corporation and will operate exclusively for educational and charitable purposes pursuant to Section 501(c)(3) of the Internal Revenue Code. The Fund will be governed by a Board of Directors consisting of ten persons: the initial directors shall be those listed in the ballot question approved by the electors on November 8, 2016. Vacancies on the Board of Directors shall be filled by appointment by the Fund's Board of Directors, in accordance with its Bylaws. b. The Fund shall remain in good standing as a Colorado nonprofit corporation and shall maintain its designation as an Internal Revenue Service organization qualified under Section 501(c)(3) as an educational and charitable organization. If for any reason the Fund shall either (a) fail to maintain its good standing as a Colorado nonprofit corporation after reasonable efforts, or (b) lose its designation under IRS Section 501(c)(3) as an educational and charitable organization after reasonable efforts to maintain that designation, the Fund shall notify the Town of such change in status, and the Town may terminate this Agreement and seek another re- granting agency for the tax. The Town shall consult with the School District as to the successor entity and the Town shall not enter into an agreement with a successor entity without the consent of the School District. The Town shall extend all reasonable opportunity to the Fund to correct either of the two situations set forth in the preceding sentence prior to terminating this Agreement. c. The Fund shall provide copies of its current Articles of Incorporation and Bylaws, and, unless a longer period is required, its IRS designation of the Fund as a 501(c)(3) entity, to the Town within sixty (60) days of the effective date of this Agreement, and further promises to provide copies of any amendments to the Articles of Incorporation or Bylaws as those may be amended from time to time. d. To the extent that this Agreement creates or imposes rights and obligations upon the Fund, the Town and School District agree to make compliance with this Agreement a condition precedent to the organization of the Fund and to its eligibility to receive monies derived from the Tax Increase. SECTION 5. PAYMENT OF TAX INCREASE PROCEEDS TO THE FUND ANDLESS REIMBURSEMENT TO THE TOWNADMINISTRATIVE FEE Each year, tThe Town, on a quarterly basis or before April 1st and on or before August 1st of each year, shall on or before June 30th of each year pay over to the Fund the revenue collected as a result of the Tax Increase that is actually collected and delivered to the Town by the Pitkin County Treasurer June 15th of each year up to the annual amount of $500,000.00 for each tax year of the Tax Increase. In the event the entire $500,000.00 is not collected and delivered to the Town by the Pitkin County Treasurer by June 15th of any year, the Town will pay over to the Fund the remaining funds up to the $500,000.00 upon receipt of the balance from the Pitkin County Treasurer. There will only be two (2) installments paid each year. Only after the $500,000.00 is paid over to the Fund will the Town retain funds Any amount of the Tax Increase that is collected in excess of $500,000.00 for each tax year, as determined by Formatted: Superscript Formatted: Superscript Formatted: Superscript 05-20-19 TC Packet Page 20 of 29 20 December 15th of each year, less an administrative fee, as described in Section 5(c), that may be retained by the Town as reimbursement for the costs of collection. The monies paid over to the Fund shall be deposited in an interest-bearing account or accounts to be maintained by the Fund. The Town shall be obligated to pay over to the Fund only revenue collected, less the Administrative Fee below. The Town shall make reasonable efforts to collect all outstanding taxes owing to the Town. b. The Town will deduct from the revenue collected an Administrative Fee (“Fee”) equal to ___ percent (_.0%) of the total revenue collected from the Tax Increase. The Fee is intended to include, without limitation, all ongoing costs related to revenue collection efforts, a share of billing and mailing costs and a share of accounting, collection costs, vendors fee and additional auditing efforts. SECTION 6. USE OF TAX INCREASE PROCEEDS a. The monies remitted to the Fund shall be used exclusively for educational purposes providing support to the School District and for the costs associated with administering the Fund, insuring the payment and receipt of the monies, and retaining its 501(c)(3) status, which expenditures shall include, without limitation, costs for preparing annual tax returns for the Fund and preparing annual audit reports for the Fund. The Fund shall make every reasonable effort to keep the costs of administration at a minimal level to ensure the maximum use of the Tax Increase for educational purposes. b. Monies deposited in the Fund shall be accounted for separately, shall not be commingled with any gifts, and shall be maintained in a separately numbered bank account to assure separate accounting. An annual audit report shall be prepared by the Fund setting forth the source and disposition of all payments and the Fund shall cause the report to be filed with the Town, and an executive summary or similar consolidated report (which may be prepared by the Fund and does not have to be prepared by its auditors) to be made available to the public on a website maintained by the Fund or the Town or both. The audit report shall be completed and tendered to the Town no later than 180 days following the end of the fund's fiscal year of operations, which is July 1 to June 30. In addition, the Fund and its accountants or auditors or both shall provide such additional financial information as the Town Manager may reasonably request from time to time. The parties acknowledge that the expenditure of public funds requires the highest degree of transparency so that the public maintains confidence in the integrity of the system. SECTION 7. INDEMNIFICATION To the extent permitted by law, the Fund shall indemnify and hold the Town and the School District, their officers, employees and agents, harmless from claims related to the receipt and expenditure of monies under this Agreement. SECTION 8. AMENDMENT This Agreement may be amended only by the agreement of the parties and shall be evidenced by a written instrument authorized and executed with the same formality as this Agreement. SECTON 9. NOTICE 05-20-19 TC Packet Page 21 of 29 21 If notice, including any documents, is required to be delivered to the Town or the Fund by the other party, notice, or delivery of any documents, shall be deemed completed upon delivery of the notice or document to the following: If to the Town: Copies to the Town Manager and the Town Attorney by hand delivering the notice and/or document to their respective offices located at: 130 Kearns Road, Snowmass Village, CO 81615. If to the Fund: Notices and documents should be hand delivered to the Town Manager and the Town Attorney by hand delivering the notice and/or document to their respective offices located at: 130 Kearns Road, Snowmass Village, CO 81615. If to the School District: Notices and documents should be hand delivered to the Superintendent of Schools, Aspen School District No. 1 (RE) at 235 High School Rd, Aspen, CO 81611 with a copy mailed to the attorneys for the School District: Caplan and Earnest LLC, at 3107 Iris Avenue, Suite 100, Boulder, CO 80301. SECTION 10. DISPUTE RESOLUTION If the Town, by and through the Town Council, and after receiving reports from the Town Manager or Town Attorney concludes in its sole discretion that there are significant irregularities in any financial reporting, including financial statements or audits, or that the Fund is deviating from the use of the Tax Increase proceeds as approved by the voters, the Town may, after Notice to the Fund, and the expiration of ten (10) days during which time the Fund has not corrected such irregularity or deviation, unilaterally withhold payments to the Fund of the tax revenue collected until such time as the Town and the Fund have resolved any issues as to any such irregularities or deviations. Such withholding shall be in an amount reasonably necessary to correct such irregularity or deviation. In the event the Town notifies the Fund of any perceived irregularities or deviations, the parties agree to submit any disagreements as to the operation of the Fund to mediation. A qualified mediator shall be selected jointly by the parties. In the event of mediation, all costs of the mediation shall be paid from the administrative fee retained by the Town and described in paragraph 5(c), above. The Town may be represented by Town Staff and the Fund by members of its board or support staff and advisors, or both. SECTION 11. SEVERABILITY If any section, paragraph, subparagraph, phrase, sentence, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement Regarding Voter-Approved Tax for Educational Purposes to be in full force and effect the day and year first above written. 05-20-19 TC Packet Page 22 of 29 22 APPROVED BY THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE this ____ day of _______________, 2019. _____________________________________ , Mayor Attest: ______________________________ , Town Clerk APPROVED AS TO FORM: ______________________________ John C. Dresser, Jr., Town Attorney APPROVED BY THE BOARD OF EDUCATION OF THE ASPEN SCHOOL DISTRICT NO. 1 (RE), PITKIN COUNTY, COLORADO, this _____ day of ________________, 2019. _________________________________ , President Board of Education Attest: _____________________________________ Angela Rittenhouse, Secretary to the Board of Education APPROVED AS TO FORM: ___________________________________ Caplan and Earnest LLC Attorneys for Aspen School District No. 1 (RE) 4811-3788-2005, v. 3 05-20-19 TC Packet Page 23 of 29 23 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE AND THE ASPEN SCHOOL DISTRICT REGARDING VOTER-APPROVED TAX FOR EDUCATIONAL PURPOSES This Agreement is entered into effective as of the ____ day of ______________, 2019, by and between the Town of Snowmass Village, Colorado, a municipal corporation duly organized and existing as a home-rule municipality under the laws of the State of Colorado, hereinafter referred to as "Town" and the Aspen School District No. 1 (RE), Pitkin County, Colorado, a political subdivision of the State of Colorado organized under and existing by virtue of the laws of the State of Colorado, hereinafter referred to as "School District." WITNESSETH WHEREAS, the Town and School District believe that the provision of quality educational programs is one of the most critical needs in the Aspen-Snowmass area; and WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports the cooperation or contracting by or among any of its political subdivisions to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units, including without limitation, the sharing of costs, the imposition of taxes, or the incurring of debt; and WHEREAS, C.R.S. Sections 29-1-201 and 203 permit and encourage government entities to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governmental entities to provide any function, service, or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, C.R.S. Section 29-1-202(2) defines political subdivisions to include municipal corporations and school districts; and WHEREAS, C.R.S. Section 22-32-122 grants to school districts the power to contract with a municipal corporation for the performance of any service, activity, or undertaking which any school district may be authorized by law to perform or undertake; and WHEREAS, Article XI, Section 7 of the Colorado Constitution provides that no provision of said Constitution shall be construed to prevent the State or any political subdivision from giving direct or indirect financial support to any political subdivision as may be authorized by general statutes; and WHEREAS, the Town Charter authorizes the Town Council to levy and impose taxes and to spend general funds for municipal purposes, provided that any new tax or tax increase has been approved by the qualified electors of the Town at a regular or special election; and WHEREAS, it is within the legislative discretion of the Town Council to determine that providing financial assistance to the School District is a municipal or public purpose; and WHEREAS, having a well-funded and strong educational system within the community assists the Town’s economic development efforts; and 05-20-19 TC Packet Page 24 of 29 24 WHEREAS, the existence of quality educational programs benefits not only the school children who live here, but also improves the quality of life in the Town; and WHEREAS, on November 6, 2016, the electors of the Town approved an annual property tax increase of $510,000.00 with the funds derived from such tax increase to be used for the educational purpose of providing support to the School District and to reimburse the Town for the costs of collection of such taxes imposed by Pitkin County (the "Tax Increase"); and WHEREAS, the Town Council has determined and the voters have approved the collection of the Tax Increase and that it is appropriate and desirable to disburse the funds generated by the Tax Increase for educational purposes to the Snowmass Village Public Education Fund, as described below, which has the expertise, community support and volunteers to accomplish that task in a professional and community-minded manner while maintaining the highest standards of accountability for the expenditure of those tax dollars; and WHEREAS, this Agreement is intended to formalize the arrangement between the Town and the School District for the payment and utilization of the funds derived from the Tax Increase approved by the electors on November 8, 2016. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and pursuant to the authority contained in Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, it is agreed by and between the Town and the School District as follows: SECTION 1. SUBMISSION OF TAX INCREASE PROPOSAL TO VOTERS The Town adopted the necessary ordinance and resolution (Resolution No. 27 Series of 2016) as required to submit to the qualified electors of the Town the question of the Tax Increase for the educational purpose of providing support to the School District and to reimburse the Town for the costs of collection of such taxes imposed by Pitkin County as provided for herein. The Tax Increase was approved by the electors in the Town on November 8, 2016, for educational purposes. SECTION 2. QUESTION SUBMITTED The question approved by the qualified electors in the November 8, 2016, election included, in addition to the Tax Increase, sufficient authorization under Article X, Section 20 of the Colorado Constitution to increase the Town’s revenues to permit the collection of the tax as well as authorization to increase the Town’s expenditures so as to permit the Town to pay over the proceeds collected to the Snowmass Village Public Education Fund. SECTION 3. TERM The question as submitted to the qualified electors provided that the Tax Increase shall commence in 2017 for collection in 2018, and in each of the calendar years 2018 through 2021, the final collection year to be 2022, unless the qualified electors of the Town authorize an extension. This Agreement shall terminate two years following the termination of the Tax Increase, unless further extended by agreement of the parties and approval of the electors of the Town of a ballot question at a regularly scheduled election. The intent of the parties in extending the term of this Agreement for two years beyond the termination of the tax is to allow for the completion of the funding of existing grants and to wrap up the affairs of the Snowmass 05-20-19 TC Packet Page 25 of 29 25 Village Public Education Fund. This section shall be in effect unless this Agreement is otherwise terminated pursuant to other provisions set forth below. SECTION 4. CREATION OF THE SNOWMASS VILLAGE PUBLIC EDUCATION FUND a. The Snowmass Village Public Education Fund ("Fund") has been formed to act as the recipient and disburser of the designated tax revenues. The Fund is a Colorado nonprofit corporation and will operate exclusively for educational and charitable purposes pursuant to Section 501(c)(3) of the Internal Revenue Code. The Fund will be governed by a Board of Directors consisting of ten persons: the initial directors shall be those listed in the ballot question approved by the electors on November 8, 2016. Vacancies on the Board of Directors shall be filled by appointment by the Fund's Board of Directors, in accordance with its Bylaws. b. The Fund shall remain in good standing as a Colorado nonprofit corporation and shall maintain its designation as an Internal Revenue Service organization qualified under Section 501(c)(3) as an educational and charitable organization. If for any reason the Fund shall either (a) fail to maintain its good standing as a Colorado nonprofit corporation after reasonable efforts, or (b) lose its designation under IRS Section 501(c)(3) as an educational and charitable organization after reasonable efforts to maintain that designation, the Fund shall notify the Town of such change in status, and the Town may terminate this Agreement and seek another re- granting agency for the tax. The Town shall consult with the School District as to the successor entity and the Town shall not enter into an agreement with a successor entity without the consent of the School District. The Town shall extend all reasonable opportunity to the Fund to correct either of the two situations set forth in the preceding sentence prior to terminating this Agreement. c. The Fund shall provide copies of its current Articles of Incorporation and Bylaws, and, unless a longer period is required, its IRS designation of the Fund as a 501(c)(3) entity, to the Town within sixty (60) days of the effective date of this Agreement, and further promises to provide copies of any amendments to the Articles of Incorporation or Bylaws as those may be amended from time to time. d. To the extent that this Agreement creates or imposes rights and obligations upon the Fund, the Town and School District agree to make compliance with this Agreement a condition precedent to the organization of the Fund and to its eligibility to receive monies derived from the Tax Increase. SECTION 5. PAYMENT OF TAX INCREASE PROCEEDS TO THE FUND LESS REIMBURSEMENT TO THE TOWN Each year, the Town shall on or before June 30th of each year pay over to the Fund the revenue collected as a result of the Tax Increase that is actually collected and delivered to the Town by the Pitkin County Treasurer June 15th of each year up to the annual amount of $500,000.00 for each tax year of the Tax Increase. In the event the entire $500,000.00 is not collected and delivered to the Town by the Pitkin County Treasurer by June 15th of any year, the Town will pay over to the Fund the remaining funds up to the $500,000.00 upon receipt of the balance from the Pitkin County Treasurer. There will only be two (2) installments paid each year. Only after the $500,000.00 is paid over to the Fund will the Town retain funds as reimbursement for the costs of collection. 05-20-19 TC Packet Page 26 of 29 26 SECTION 6. USE OF TAX INCREASE PROCEEDS a. The monies remitted to the Fund shall be used exclusively for educational purposes providing support to the School District and for the costs associated with administering the Fund, insuring the payment and receipt of the monies, and retaining its 501(c)(3) status, which expenditures shall include, without limitation, costs for preparing annual tax returns for the Fund and preparing annual audit reports for the Fund. The Fund shall make every reasonable effort to keep the costs of administration at a minimal level to ensure the maximum use of the Tax Increase for educational purposes. b. Monies deposited in the Fund shall be accounted for separately, shall not be commingled with any gifts, and shall be maintained in a separately numbered bank account to assure separate accounting. An annual audit report shall be prepared by the Fund setting forth the source and disposition of all payments and the Fund shall cause the report to be filed with the Town, and an executive summary or similar consolidated report (which may be prepared by the Fund and does not have to be prepared by its auditors) to be made available to the public on a website maintained by the Fund or the Town or both. The audit report shall be completed and tendered to the Town no later than 180 days following the end of the fund's fiscal year of operations, which is July 1 to June 30. In addition, the Fund and its accountants or auditors or both shall provide such additional financial information as the Town Manager may reasonably request from time to time. The parties acknowledge that the expenditure of public funds requires the highest degree of transparency so that the public maintains confidence in the integrity of the system. SECTION 7. INDEMNIFICATION To the extent permitted by law, the Fund shall indemnify and hold the Town and the School District, their officers, employees and agents, harmless from claims related to the receipt and expenditure of monies under this Agreement. SECTION 8. AMENDMENT This Agreement may be amended only by the agreement of the parties and shall be evidenced by a written instrument authorized and executed with the same formality as this Agreement. SECTON 9. NOTICE If notice, including any documents, is required to be delivered to the Town or the Fund by the other party, notice, or delivery of any documents, shall be deemed completed upon delivery of the notice or document to the following: If to the Town: Copies to the Town Manager and the Town Attorney by hand delivering the notice and/or document to their respective offices located at: 130 Kearns Road, Snowmass Village, CO 81615. If to the Fund: 05-20-19 TC Packet Page 27 of 29 27 Notices and documents should be hand delivered to the Town Manager and the Town Attorney by hand delivering the notice and/or document to their respective offices located at: 130 Kearns Road, Snowmass Village, CO 81615. If to the School District: Notices and documents should be hand delivered to the Superintendent of Schools, Aspen School District No. 1 (RE) at 235 High School Rd, Aspen, CO 81611 with a copy mailed to the attorneys for the School District: Caplan and Earnest LLC, at 3107 Iris Avenue, Suite 100, Boulder, CO 80301. SECTION 10. DISPUTE RESOLUTION If the Town, by and through the Town Council, and after receiving reports from the Town Manager or Town Attorney concludes in its sole discretion that there are significant irregularities in any financial reporting, including financial statements or audits, or that the Fund is deviating from the use of the Tax Increase proceeds as approved by the voters, the Town may, after Notice to the Fund, and the expiration of ten (10) days during which time the Fund has not corrected such irregularity or deviation, unilaterally withhold payments to the Fund of the tax revenue collected until such time as the Town and the Fund have resolved any issues as to any such irregularities or deviations. Such withholding shall be in an amount reasonably necessary to correct such irregularity or deviation. In the event the Town notifies the Fund of any perceived irregularities or deviations, the parties agree to submit any disagreements as to the operation of the Fund to mediation. A qualified mediator shall be selected jointly by the parties. In the event of mediation, all costs of the mediation shall be paid from the administrative fee retained by the Town and described in paragraph 5(c), above. The Town may be represented by Town Staff and the Fund by members of its board or support staff and advisors, or both. SECTION 11. SEVERABILITY If any section, paragraph, subparagraph, phrase, sentence, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement Regarding Voter-Approved Tax for Educational Purposes to be in full force and effect the day and year first above written. APPROVED BY THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE this ____ day of _______________, 2019. _____________________________________ , Mayor Attest: 05-20-19 TC Packet Page 28 of 29 28 ______________________________ , Town Clerk APPROVED AS TO FORM: ______________________________ John C. Dresser, Jr., Town Attorney APPROVED BY THE BOARD OF EDUCATION OF THE ASPEN SCHOOL DISTRICT NO. 1 (RE), PITKIN COUNTY, COLORADO, this _____ day of ________________, 2019. _________________________________ , President Board of Education Attest: _____________________________________ Angela Rittenhouse, Secretary to the Board of Education APPROVED AS TO FORM: ___________________________________ Caplan and Earnest LLC Attorneys for Aspen School District No. 1 (RE) 4811-3788-2005, v. 3 05-20-19 TC Packet Page 29 of 29 29