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08-12-19 Town Council Work SessionTown Council Monday, August 12, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.Start Time 4:00 P.M. 2.Item for Discussion 2.1.Joint Meeting with the Snowmass Arts Advisory Board Agenda Summary SAAB Joint Meeting Page 2 SAAB Budget Page 4 Sorensen Piece Page 7 3. Item for Discussion 3.1.Joint Meeting with the Planning Commission for Deerbrook Pre-Sketch Plan Agenda Summary Deerbrook Page 8 4.Item for Discussion 4.1.Town of Snowmass Village Tobacco Tax Possible Ballot Question Agenda Summary Tobacco Tax Page 10 Attachment A Board of Health Tobacco Pricing Page 13 Attachment B HB 1033 Page 24 5.Item for Discussion 5.1.“Get the Scoop” with Town Council Ice Cream Social Event Preview & Planning 1 Town Council Page - 2 Agenda Summary Get the Scoop Page 32 Get the Scoop Flyer Page 34 6.Adjournment 2 Town of Snowmass Village Agenda Item Summary August 12, 2019 Agenda Item: Joint Meeting with Snowmass Arts Advisory Board Presented By: Brian McNellis, Senior Planner, for Julie Ann Woods, FAICP/MLA, Community Development Director Background: Town Council requested a “meet and greet” type of meeting with each of the Boards and Commissions to discuss ideas and issues related to their role in advising Town Council. The Snowmass Arts Advisory Board is scheduled to meet with Town Council on Monday, August 12th at 4 PM. By way of background, the SAAB was created in 1991 by Ordinance 11, Series 1991, and the Municipal Code in Chapter 2 highlights the SAAB’s responsibilities as follows: • Sec. 2-174. - Responsibilities. The Snowmass Village Arts Advisory Board (SAAB) shall have the following responsibilities: (1) Provide direction and leadership for future cultural arts initiatives, as they impact the Town's funding. (2) Act as a cultural arts advocate and consultant to the Town Council by promoting awareness and education concerning the cultural arts. (3) Provide a resource of information and expertise on cultural arts issues. (4) Function as the primary cultural arts liaison between the Town Council and the community. (5) Process, review and make recommendations to the Town Council on arts- related and cultural-related issues, propositions and funding proposals by: a. Holding a forum a minimum of every four (4) years for all cultural arts organizations. (6) Review and evaluate progress of the Snowmass Village Arts Advisory Board (SAAB) Strategic Planning Document. (7) Present annual reports to the Town Council outlining the condition of the cultural arts serving the Town and goals for future development. (8) Work in cooperation with any organization which purports to represent and develop special cultural events within the Town to keep within the goals and objectives of the cultural arts long-range plan. 08-12-19 TC Work Session Page 2 of 34 3 (9) Render such other recommendations or advice as the Town Council may request. At the SAAB’s meeting on July 25th, the Board discussed topics they would like to further discuss with Town Council. These include the following: 1. The status on fundraising for the Ice Cube sculpture by Joe McDonnell 2. ½% for art program related to public infrastructure 3. Relocating Barbara Sorensen “Trees” artwork to Wood Road (Roundabout) bridge (see photos attached) Financial Impact: There currently is $81,877.66 in SAAB Funds available. These include $59,000 General Fund budget ($1,000 was recently spent on two $500 “honorariums” given to the two artists that were not selected per the RFQ/RFP) and $22,877.66 in escrow from fundraising and donations. Applicability to Council Goals & Objectives: Community Engagement The Council will strive to continue to increase effective community engagement. This includes creating opportunities to receive feedback, to improve Council visibility, and to increase the number of listening opportunities for Council on a broad array of subjects. As a top priority, the Council desires to strengthen its communication with its citizen Boards and Commissions. The Council will work to improve lines of communication with Boards and Commissions by asking for more guidance and feedback from them in a manner that is comfortable for the volunteer boards. The Council will explore ideas for improvement that may include streaming Boards and Commission meetings and/or creating Council liaisons to each Board and Commission. [emphasis added]. Council Options: Not Applicable. Staff Recommendation: The SAAB members are eager to meet with Town Council and share their thoughts about next steps for the Board. Brian McNellis, Senior Planner, will attend the meeting in case Town Council has any questions for Staff. Attachments: 1. SAAB funding as of 7/25/19 2. Photos of Wood Rd. bridge and Sorenson artwork 08-12-19 TC Work Session Page 3 of 34 4 SAAB FINANCES Summary of all Available Funds 7/25/19 Account Balance Artwalk 2,257.71$ Misc Donation 1,113.22$ Paver Project 19,506.73$ TOTAL SAAB FUNDS AVAILABLE 22,877.66$ General Fund Budget 60,000.00$ TOTAL FUNDS AVAILABLE 82,877.66$ SAAB Capital Purchases 2005-2019 Budget Used Balance Purpose 2005 Capital SAAB 5,000.00$ -$ 5,000.00$ 2006 Capital SAAB 5,000.00$ -$ 10,000.00$ 2007 Capital SAAB 5,000.00$ -$ 15,000.00$ 2008 Capital SAAB 5,000.00$ -$ 20,000.00$ 2009 Capital SAAB 5,000.00$ 5,000.00$ 20,000.00$ Town Hall Art Piece 2010 Capital SAAB -$ 20,000.00$ -$ Town Hall Art Piece 2011 Capital SAAB -$ -$ -$ 2012 Capital SAAB -$ -$ -$ 2013 Capital SAAB -$ -$ -$ 2014 Capital SAAB -$ -$ -$ 2015 Capital SAAB -$ -$ -$ 2016 Capital SAAB 8,000.00$ 8,025.35$ -$ Strategic Plan 2017 Capital SAAB 10,000.00$ -$ 10,000.00$ Project 2017 One Time Expense 12,000.00$ 12,000.00$ Roundabout Sculpture 2018 Capital SAAB 35,000.00$ -$ Rebudgeted in 2019 2019 Capital SAAB 60,000.00$ -$ 60,000.00$ 35K from 2018 and 25K from 2019 08-12-19 TC Work Session Page 4 of 34 5 Detail of Escrow Accounts Artwalk Revenues 2005 Donations 17,028.99$ 2005 Proceeds from Chairwalk 20,970.00$ 2007 Silvertree Check for Plaque 126.25$ 2008 Sales 1,050.00$ 2010 Art Show deposits 226.40$ 2012 Artwalk Donation 1,000.00$ TOTAL REVENUES 40,401.64$ Expenses 2005 Expenses Chairwalk (14,216.62)$ 2007 ASI Modulex-Plaque (267.50)$ Ad Vogele Designs (500.00)$ Janet Grenda (18.12)$ KSNO Artwalk Ads (250.00)$ Colorado Mountain News Media (222.18)$ Colorado Mountain News Media (286.37)$ Micro Plastics (162.55)$ Anderson Ranch (220.20)$ Bike Rack Ads (619.44)$ Café per Artist (14.00)$ Bike Racks (19,680.72)$ Registration State Art meeting (30.00)$ Gas for meeting (34.96)$ Colorado Mountain News Media (621.27)$ Chris Erickson Design- Trash Can (500.00)$ Lily Shah - Trash Can (500.00)$ TOTAL EXPENSES (38,143.93)$ Artwalk Balance 2,257.71$ Misc Donation Rotary Donation 1,000.00$ Citizens for Responsible Growth 2,000.00$ Collins Painting (444.00)$ Sherwin Williams (763.96)$ Chalk it Up (70.94)$ Sherwin Williams (186.97)$ Chalk it Up Donation (350.00)$ Clark's Market (70.91)$ Misc Donation Balance 1,113.22$ 08-12-19 TC Work Session Page 5 of 34 6 Paver Project Revenues 2006 Budget Used Misc 500.00$ 2006 Paver Sales 3,945.00$ 2007 Paver Sales 87,410.00$ 2008 Paver Sales 1,250.00$ 2009 Paver Sales 540.00$ 2010 Jan Sales 1,745.00$ TOTAL REVENUES 95,390.00$ Expenses 2006 SAAB Budget Used Britta Gustafson-Brochure (1,072.00)$ Colorado Mtn News Media (113.88)$ Colorado Mtn News Media (887.75)$ Aspen Daily News (594.19)$ Pyramid Printing (1,207.95)$ Aspen Daily News (114.46)$ Colorado Mtn News Media (1,380.01)$ Postmaster (117.00)$ Pyramid Printing (1,223.92)$ Colorado Mtn News Media (1,159.15)$ Colorado Mtn News Media (1,183.40)$ Oldfield Refund (75.00)$ Postmaster (179.17)$ Colorado Mtn News Media (306.60)$ Silvertree (125.00)$ Jim Kehoe (693.24)$ Profit Resources (1,237.50)$ Britta Gustafson-Brochure (850.00)$ Gran Farnum (1,080.00)$ Aspen Reprographic (40.32)$ Banner (227.90)$ Seller Bank (125.00)$ Postmaster (17.60)$ Colorado Mtn News Media (1,259.96)$ Aspen Daily News (435.05)$ Colorado Mtn News Media (1,120.47)$ Paver Refunds (2,295.00)$ Colorado Mtn News Media (171.89)$ Michael Clapper (50,000.00)$ Snowmass Catering (500.00)$ Snowmass Chapel & Comm Center (300.00)$ Snowmass Chapel & Comm Center (200.00)$ Page Shuck (17.50)$ Frame (35.49)$ Act Colorado Creative (800.06)$ Anderson Ranch 50th Exihibits (2,500.00)$ Linda Rennick - Creative Arts Symp (139.09)$ Clark's Market (12.27)$ Clark's Market (85.45)$ Stepahnie Larson- Trash Can (500.00)$ Pixel Mixel - Trash Can (500.00)$ CORE We are Asteroid (1,000.00)$ TOTAL EXPENSES (75,883.27)$ Paver Project Balance 19,506.73$ 08-12-19 TC Work Session Page 6 of 34 7 ATTACHMENT 2 Barbara Sorensen’s “Trees” as installed on the former Westin Proposed location as recommended by SAAB—three (3) pieces between each bracket and two (2) at each end for a total of 28 pieces (2 sides of bridge) of the 29 used. As viewed downstream As viewed upstream 08-12-19 TC Work Session Page 7 of 34 8 Page 1 of 2 Town of Snowmass Village Town Council August 12, 2019 Agenda Item: JOINT MEETING OF THE TOWN COUNCIL AND THE PLANNING COMMISSION REGARDING THE DEERBROOK TOWNHOMES PRE-SKETCH PLAN APPLICATION. Presented By: Jim Wahlstrom, Senior Planner AICP/MPCD Approvals Requested: Not applicable, pursuant to the municipal code. This is a presentation only with input. Applicant and Representative: Deerbrook Condominium Homeowners’ Association; and Tim Malloy, Principal, TG Malloy Consulting, LLC / TGMC, LLC, Land Use Planning Background: The applicant and their representatives previously met with the Community Development staff and the Community Development Director to conduct a formal pre- application meeting on April 18, 2019. By code, the applicant has the option to submit first, a) a Pre-Sketch plan application, or b) a Sketch Plan application following the PUD review processes. The application chose to first submit a Pre-Sketch plan application. The application materials may be found on the Town’s web page at: https://docs.tosv.com/WebLink/Browse.aspx?id=133625&dbid=0&repo=TOSV Municipal Code provisions: Section 16A-1-55, ‘Pre-sketch plan,’ states that the purpose of this process authorizes Town Council “to provide an opportunity for informal discussion among developers, public officials and the public on various issues relating to the use of land in the Town and the relationship of its use to the overall operation and economic stability of the Town.” In addition, the code states: “The sessions are for the purpose of discussion and education and are not intended to result in any formal action or decision making. Under no circumstances can the Planning Commission or Town Council be estopped to deny approval of any development proposals, or other matter for which approval is required pursuant to the provisions of this Chapter, because of the participation of members of the Planning Commission and/or Town Council in such sessions.” 08-12-19 TC Work Session Page 8 of 34 9 Page 2 of 2 As required by the municipal code, a notice of the joint meeting was printed in the Snowmass on August 7, 2019. Town Council Options: According to the municipal code, “The Town Council and the Planning Commission shall comment on the proposal and such comments shall be reflected in the minutes of the public meeting.” Staff Recommendation: Other than this agenda item summary cover memorandum, Town Staff has no recommendation because the code procedures do not require formal referral to review agencies, evaluation or a staff report (such as an analysis, findings and formal recommendations) to be prepared for a Pre-Sketch plan application. The only advisement staff could offer is that the municipal code procedures for conducting the joint meeting for the Pre-Sketch plan application be followed. Staff finds that the application submission requirements are complete for this joint meeting review. 08-12-19 TC Work Session Page 9 of 34 10 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: August 12, 2019 AGENDA ITEM: Town of Snowmass Village Tobacco Tax Possible Ballot Question PRESENTED BY: Rhonda B. Coxon, Town Clerk Travis Elliott, Assistant Town Manager BACKGROUND: To promote public health and curb the usage of tobacco products, the Town Council has indicated that they would like to implement a tobacco tax in Snowmass Village. Other jurisdictions in the Roaring Fork Valley have already implemented similar measures. The table below is a breakdown of the current tobacco policies from around the region, including the various tobacco product tax rates: Meanwhile, Pitkin County has informed the Town that they intend to ask county voters in 2019 to implement a tobacco tax throughout the County. Should the ballot measure Per Pack / % on Other Products 08-12-19 TC Work Session Page 10 of 34 11 pass, tobacco products within the Town of Snowmass Village would be subject to the same tax. The County’s current draft ballot language will implement a similar tax structure as the City of Aspen. The tax would be $3.20 / per pack of cigarettes, increased by 10 cents every year for 10 years until it reaches $4.00 a pack and 40% on all other tobacco products. Should this ballot measure (or any other) pass and the tobacco tax be implemented, the revenue generated would replace the Town’s current share back from the state tax (approximately $15,000 annually). At this time, we do not have a good estimate as to how much revenue this would generate for the Town of Snowmass Village. However, it is likely that the local tax would exceed the current state tobacco tax revenue. The table below summarizes the experience of other municipalities and their tobacco tax revenue, as compared to the state share back. Options for Implementing a Tobacco Tax in Snowmass Village: If the Town Council would like to implement a tobacco tax in Snowmass Village, there are two options for doing so: 1. Allow for the County ballot measure to determine the tax rate in Snowmass Village. This would require no separate action from the Town, other than 08-12-19 TC Work Session Page 11 of 34 12 developing and executing an IGA to arrange for the remittance of the taxes generated from Snowmass Village sales. 2. Develop our own ballot measure with an independent tax rate. This would give the Town authority over a separate tax rate that could be adjusted independently of the County’s tax rate. Pitkin County graciously provided a lot of information and materials for the Town Council to review, which staff has used to help develop this memo. Two of their presentations are attached, and County staff have offered to deliver these presentations in person – should the Town Council like more information. Attachments: A. Pitkin County Board of Health Presentation on Tobacco Price Considerations B. Pitkin County Overview of HB 1033 and Local Tobacco Taxes 08-12-19 TC Work Session Page 12 of 34 13 Price considerations for Tobacco Control Board of Health July 18 2019 08-12-19 TC Work Session Page 13 of 34 14 Price Considerations for the BOH ★Amount of the tax on cigarettes ($) and other tobacco products (%) ★Routine increase on tax ★Use for the revenue 08-12-19 TC Work Session Page 14 of 34 15 Tobacco “Economics” ● Smoking related illnesses are the leading cause of preventable deaths in US ● Smoking costs $170 billion/year in direct medical costs. ● In CO, the estimated state + federal tax burden is $650/household per year. ● CO State tobacco tax is $0.84 per pack - #39th among the 50 US states. The national average is $1.78. ● Currently, e-cigarettes are not taxed in the state of CO. “Of all the concerns, there is one - taxation - that alarms us the most. While marketing restrictions and public & passive smoking do depress volume, in our experience, taxation depresses it much more severely. Phillip Morris internal document, 1985 08-12-19 TC Work Session Page 15 of 34 16 08-12-19 TC Work Session Page 16 of 34 17 Unit Price 08-12-19 TC Work Session Page 17 of 34 18 08-12-19 TC Work Session Page 18 of 34 19 Why It’s Important ★Price has the most impact on youth initiation and use ★Colorado does not tax e-cigarettes ★Price increases are “equity positive” Unit Price Increase ★Levying a tax on cigarettes, e-cigarettes and other tobacco (TABOR applies) 08-12-19 TC Work Session Page 19 of 34 20 3 ? 08-12-19 TC Work Session Page 20 of 34 21 How to determine the “price” ●Comparable rates to the region (prevent “shopping around”) ●Think high - higher rates have more effect on discouraging youth use ○ US Surgeon General recommends $10 per pack of cigarettes ●Cigarette tax amount ($) and tax on OTP (%) should have “parity” to prevent people switching to a cheaper product ○ The overall cost of the tax should work out to be the same ●Taxes should increase over time to maintain the desired effect ○ Based on inflation and “normalizing” to the cost 08-12-19 TC Work Session Page 21 of 34 22 Voter support? ●Amendment 72 (state tax $1.75 considered) - Pitkin County had the highest “In Favor” vote in the state ● Aspen - Over 65% in favor (2 years ago) 08-12-19 TC Work Session Page 22 of 34 23 Price Considerations for the BOH 08-12-19 TC Work Session Page 23 of 34 24 Campaign for Tobacco-Free Kids www.tobaccofreekids.org HB 1033 Authority 1 City: Removed language that forfeited state revenues IF cigarettes are included in Tobacco Retail Licensure Requirements, a fee is assessed on cigarettes or if a city ATTEMPTS to raise the tax on cigarettes. NOTE: IF a city successfully passes a tobacco tax that includes cigarettes, they STILL forfeit the shareback revenues. County: Expanded authority to counties, including the addition of raising the minimum age of sale. IF a municipality within the boundary of a county already has imposed a tax on tobacco, they are excluded from the taxation at the county level UNLESS an IGA is formed (which may include a provision for distribution). 08-12-19 TC Work Session Page 24 of 34 25 Campaign for Tobacco-Free Kids www.tobaccofreekids.org Tobacco Taxes – Parity 2 Importance of Parity & Price Equivalency *Avoid dual use of products, and tax evasion. Goal for public health and consumer is to successfully quit use of tobacco. Current & Proposed Cigarette Tax Rate (s) OTP Parity Rate Current Rate $0.84 19% (Current Rate is 40% of manufacturer’s price) $2.84 61% $3.84 83% $4.84 104% 08-12-19 TC Work Session Page 25 of 34 26 Campaign for Tobacco-Free Kids www.tobaccofreekids.org Tobacco Taxes - Aspen 3 Aspen included a $0.10 inflator for the price of cigarettes/pack on Jan. 1st of each year. Aspen Cigarette Tax Rate OTP Parity Tax Rate $3.84 83% (policy had increased to 80%, so just short of parity) $3.94 (with recent inflator) 85% (with the inflator, the parity discrepancy has increased slightly) *Note! Determine reason for price increase. If the desire is public health related, inflators may not be the best way to achieve this. The consideration may be to enact substantial increases in outlying years. 08-12-19 TC Work Session Page 26 of 34 27 Campaign for Tobacco-Free Kids www.tobaccofreekids.org Shareback & Local Tax (es) 4 Local Public Health Education Trust Relationships Foundation Amounts Received & Revenues (to date) Municipality Shareback Received (2017) Estimate Revenues Received Aspen $63.556.85 $325,000 $436,622 Avon $38,812.33 $600,000 1st Quarter 2019 - $92,175 Basalt $15,676.45 Between $27,000-$29,00 0 for first quarter (Voted on April 3, 2018) July 2018 – December 2018 - $175.567.52 08-12-19 TC Work Session Page 27 of 34 28 Campaign for Tobacco-Free Kids www.tobaccofreekids.org Revenue Allocations 5 *Public Support is strongest when there is a “nexus” between the consumer (taxpayer) and where the dollars are directed. Public declaration for health-related allocations. City Election Results Revenue Allocation Aspen 74.2% Yes Work underway for a specific spending plan this summer. It will be a combination of vaping prevention focused on teens, drug use prevention, mental health awareness and services, and some traditional nicotine cessation programs. Avon 76% Yes Wellness, Health Education, Recreation Center Basalt 76% Yes The Hope Center, Pitkin County Detox, Parent Coffee House (Vaping Education)08-12-19 TC Work Session Page 28 of 34 29 Campaign for Tobacco-Free Kids www.tobaccofreekids.org Projections 608-12-19 TC Work Session Page 29 of 34 30 Campaign for Tobacco-Free Kids www.tobaccofreekids.org Projections (Estimates) – Key Point, Estimate HIGHER than expected to avoid TABOR return 7 Here are the following data inputs needed: · Annual local cigarette pack sales (you can back-calculate this with the state pack sales and the percentage from the cigarette rebates) · Cigarette pack price · Sales tax rate (if it is included in the cigarette pack price) · Proposed tax increase you decide on You will need to calculate the percentage increase in pack price after the tax increase, and then apply the elasticity to that percentage increase in price to determine the decline in pack sales. Factors to consider: price increase yields decrease in consumption, quit attempts, small level of price evasion (online, reservation sales, some crossborder purchasing, both in-state and out-of-state depending on proximity). 08-12-19 TC Work Session Page 30 of 34 31 Campaign for Tobacco-Free Kids www.tobaccofreekids.org Contact Information Jodi L. Radke Regional Director Campaign for Tobacco-Free Kids jradke@tobaccofreekids.org 970-214-4808 808-12-19 TC Work Session Page 31 of 34 32 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: August 12, 2019 AGENDA ITEM: “Get the Scoop” with Town Council Ice Cream Social Event Preview & Planning PRESENTED BY: Rhonda B. Coxon, Town Clerk Travis Elliott, Assistant Town Manager BACKGROUND: This is an informational item only to prepare and finalize details for Town Council’s community engagement event on Thursday, August 15th. The Town Council is sponsoring “Get the Scoop” on Thursday, August 15, 2019 on Fanny Hill at the Free Concert. This event is a continued effort to meet the Town Council’s goal of creating more “listening opportunities” to listen and engage with the community. This will be the third such event, and the Town Council has previously hosted the Apres with Town Council event as well as last year’s Get the Scoop. Much like last year, free gelato will be available beginning around 5:30 p.m. on Thursday, which is about one hour before the concert begins. This will allow for some quieter time for members of the community to arrive early and discuss topics of interest with Councilmembers. The gelato tent will be placed near the entrance of the venue. Although we will welcome members of the community to stop by as they enter the concert venue, Town Staff will also dish the gelato on serving trays for the Town Council to distribute to the audience. A gluten and dairy free flavor will be available as well. Community Photo: During intermission of the Free Concert, at approximately 7:30 p.m., the 3rd Annual Community Photo will be taken. Snowmass Tourism is asking Community Members to 08-12-19 TC Work Session Page 32 of 34 33 wear a shirt or top in the colors listed below to represent the decade you arrived in Snowmass Village: 1960’s – Black 1970’s – White 1980’s – Blue 1990’s – Green 2000’s – Red 2010’s – Yellow The Mayor and Town Council will once again be invited on stage for the photo. Please be ready, near the side stage area, with your family members for the shot. Please let us know if you have any questions, comments, or suggestions for the event. 08-12-19 TC Work Session Page 33 of 34 34 WITH TOWN COUNCIL Wao s ASg%:@e rG TTH I + COMIv|UNITY PHOTO at the August 15 Free Concert Enjoy the Thursday night concert with free gelato from 5:3o p.m, - 7 p,m. with your Town Council and participate in the 3rd annual Community Photo during intermission, W; al _.1 G+ I I laB.l^ .--:l ,l.l <> DETAIL$! .TOSV.COM ffi ))( \ L )1 ) I o . ; r I I r aatoaotartrlrt 3l I r I ; ' F sNownAss I 08-12-19 TC Work Session Page 34 of 34 35