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11-07-11 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES NOVEMBER 7, 2011 CALL TO ORDER AT 4:00 P.M. Mayor Boineau called to order the Regular Meeting of the Town of Snowmass Village Town Council on Monday, November 7, 2011, at 4:25 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council Member, and Fred Kucker, Council Member. COUNCIL MEMBERS ABSENT: All council members were present. STAFF PRESENT: Russ Forrest, Town Manager, Hunt Walker, Public Works Director; John Dresser, Town Attorney; Marianne Rakowski, Finance Director; Rhonda Coxon, Town Clerk Sara Alderson, Program Specialists PUBLIC PRESENT: Matt Robinson, Reed Lewis and other members of the public interested in today's agenda items. Item No. 2 PUBLIC NON AGENDA ITEMS There were no comments from the public. Item No. 3 COLORADO LOTTERY AWAR Matt Robinson from the Colorado Lottery presented TOSV with the Starburst Award to the Snowmass Village Recreation Center for the Skate Park design. He presented the award to Andy Worline and Sara Alderson accepted in his absence. Richmond thanked the Council for its support of the Recreation Center staff which is key to its success. It em No. 4 COUNCIL UPDATES Council Member Kucker will be out of town for the November 21, 2011 Council meeting and is asking Council to allow him to attend the meeting by telephone. He noted that the Town code does make provisions to allow, or prohibit this. Town Attorney John Dresser reviewed some language pertaining to `'attendance" from the,Town Code and 11 -07 -11 tc Minutes Page 2 of 10 the Colorado 'Mu League Sunshine Law. Council consensus was a member that is absent is welcome to watch the meeting but not participate unless a new policy is developed. Mayor Boineau stated that this past weekend the community lost a very important resident, Carolyn Purvis. He asked for a moment of silence. Council Member Butler spoke to the many accomplishments of Carolyn Purvis in her illustrious life. Council Member Haber reminded everyone that winter is upon us and please be careful and watch for slippery roads. Item No. 5 PUBLIC HEARING AND RESOLUTION NO. 27, SERIES OF 2011 APPROVING THE 2012 BUDGET Town Manager Russ Forrest had some opening comments for Council on the budget regarding the CIP, grants for buses, trails, marketing and group sales and costs for Rodeo Place. Finance Director Marianne Rakowski noted that following the budget meeting on September 19, 2011 and September 21, 2011, the following changes /adjustments were made to the 2012 proposed budget: A. General Fund Revenues were increased by $43,485 due to the Transfer in -Road Fund. This increase is for the utilities for the GAP section (previously billed to the GID Fund). Expenditures were increased by $53,485 to account for the above utility cost increase in the Road Division of $43,485 and Health Human Services Grants were increased by $10,000. B. Real Estate Transfer Tax Fund Based on updated information on Federal Grants, the Town will not be receiving the $100,000 that was budgeted for 2012, therefore, we have decreased that line to zero. Because we have reduced our revenues by the above $100,000, we have also reduced our contingency reserve by the same amount to maintain positive funds available. At Council's request, staff will be bringing forward a trails maintenance plan to an upcoming Council meeting for consideration. The estimated funding for that plan is estimated at $40K to $50K for 2012. Staff is recommending waiting to add that amount to the budget until after the staff presentation and after we know the 2011 year -end balances. 11 -07 -11 tc Minutes Page 3 of 10 C. Road Fund The Road Fund expenditures have been adjusted to account for the increase in the Transfer out General Fund for the annual utilities for the GAP section and the payback to the GID for previous years' utilities. Other expenditures had to be reduced or cut in order to balance this budget. Those expenditures include: Wayfinding Signs (reduced from $100K to $20K), Bridge Maintenance, Tiewall Maintenance and Tiewall Replacement all reduced to $0. D. Marketing Fund Revenues increased by $1,000. Oktoberfest was reduced from $4,000 to $0 and Ice Age was increased to $5,000. Based on the FAB's recommendation, the Marketing Fund has set aside in a reserve account $92,250 or 15% of the Summer Marketing budget. Expenditures decreased by $77,000. Below are the changes that include both increases and decreases: Research Survey: $0 to $20,000 Winter Marketing: $625,000 to $600,000 Summer Marketing: $675,000 to $615,000 Summer Event Contractor: $25,000 to $20,000 Free Concert Series: $150,000 to 120.000 (see below Stage Set /Strike) Oktoberfest: $7,000 to $0 Stage Set /Strike $0 to $30,000 (was previously accounted for under Free Concert Series). Per the Home Rule Charter, Council adopts the budget by resolution. This resolution adopts and appropriates funds for the 2012 budget. The FAB reviewed the budget on September 7, 2011 and recommends adoption of the budget. Council agreed that they would like to have a joint meeting with the FAB and the Marketing Group Sales and Special Events Board in the very near future to have a very concentrated discussion regarding sales tax, governance, business plan and the structure of the current Marketing Group Sales and Special Events Board. Reed Lewis a resident and owner of a two retail businesses in Snowmass Village stated he will be working with the retail community in lowering the sales tax within the Village and will be looking forward to the results from the joint meeting of the Town Council, FAB and MGS &SEB. Markey Butler, made the motion to approve as amended Resolution No. 27, Series of 2011 approving the 2012 budget. Fred Kucker, seconded the motion. The motion was approved by a vote of 5 in favor to 0. opposed. 1.1 -07 -11 tc Minutes Page 4 of 10 Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council Member, and Fred Kucker, Council Member. Voting Nay: None. Item No. 6 FIRST READING O NO. 05, SERIES OF 2011 AMENDING THE 2011 BUDGET Finance Director Marianne Rakowski stated the attached ordinance contains the change to the Excise Tax Fund that was discussed during the First Reading. She stated there are no additional changes to this ordinance since the First Reading. Information from Council Memorandum for First Readin Per the Home Rule Charter, Council adopts the budget by resolution, but any amendments to the original budget must be by ordinance. This ordinance amends the 2011 budget and authorizes the appropriation of those funds. The FAB reviewed the budget on September 7, 2011 and recommends adoption of the revised budget. Below are the changes to the 2011 revised budget that were made after the Town Councils review. A. Ge Fun Revenues were increased by $218,851.. Of this amount, $186,074 is due to the Transfer in -Road Fund. This increase is for the utilities for the GAP section (previously billed to the GID Fund). Building Contractor Licenses were increased by $410. Building Permits were increased by $9,317 Electrical Permits were increased by $4,720 Building Plan Check fees were increased by $18,330 Expenditures were increased by $193,246. Of this amount, $186,074 is for the GAP section utilities in the Road Division. $4,772 is for the Town Council I -pads, which will be offset with savings in 2012 within the Town Clerks budget. $2,400 was requested by the Chief Building Official for contracted office help to continue with purging files and the software conversion. o The estimated amount of the write -off of the health insurance .payable liability is budgeted at $300K. 11 -07 -11 tc Minutes Page 5 of 10 All of the above changes amount to an increase in the year -end fund balance of an additional $325,605. B. Road Fund The Road Fund expenditures have been increased by $186,074 to account for the increase in the Transfer out General Fund for the annual utilities for the GAP section and the payback to the GID for previous years' utilities. C. Marketing Fund Revenues are increased by $20,000 for the Ice Age from the fund- raising. We have recently been advised that it may be closer to $26,000 that we will receive prior to the end of the year. D. Group Sales Fund Expenditures are increased by $10,000, which was for Contract Service for the Business Plan for the Family Summer Adventure Product. Markey Butler, made the motion to approve as amended First Reading of Ordinance No. 5, Series of 2011 amending the 2011 Budget. Fred Kucker, seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council Member, and Fred Kucker, Council Member. Voting Nay: None. Fred Kucker, Council Member made the motion to approve First Reading of Ordinance No. 5, Series of 2011. John Wilkinson, Council Member seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council Member, and Fred Kucker, Council Member. Voting Nay: None. Item No. 7 RESOLUT NO, 32, SERIES O 2 011 A RESOLUTION OF THE TOWN COUNCIL OF THE TO WN OF SNOWMASS VILLAGE APPROVING THE COMMITMENT O FU BALANCES IN ACCORDANCE WITH GOVERNMENTAL ACCOU ST BOA STATEMENT No. 5 Finance Director Marianne Rakowski asked that Council review and approve Resolution No. 32, Series of 2011; a Resolution approving the commitment of Fund Balances in accordance with the Governmental Accounting Standards Board (GASB) Statement No. 54. She stated that In March 2009, the Governmenta! Accounting Standards Board 11 -07 -11 tc Minutes Page 6 of 10 (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definition, to address.issues in how fund balances were being reported, in governmental financial statements. The intent of the statement is to bring greater clarity and consistency to fund balance reporting in the governmental sector, Rakowski also noted that although the Town implemented the new reporting terminology for our fund balances in our 2009 Financial Statements, it is recommended by GASB that the governing boards of the entities adopt a policy supporting the classifications. Markey Butler, made the motion to approve Resolution No. 32, Series of 2011. Jason Haber, seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council Member, and Fred Kucker, Council Member. Voting Nay: None. Item No. 8 MAN REPOR Variable Message sign at entra to Snowrnass Town Manager Russ Forrest stated that there is a variable message sign at the entrance to Snowmass that was installed with the new way finding signs created in conjunction with the Town Park site. The sign has been used for emergency messages (e.g. chain law in effect) and parking messages (e.g. numbered lots full). Messages have to be very brief (no more than 20 characters). The previous Council had directed staff not to use the signs for events and or welcome messages. They also asked that it remain off unless there is an emergency. Staff would like to ask Council to use this variable message signs for the following prioritized uses: 1) Emergency safety messages 2) Parking information 3) Event messages (e.g. direct guests to location of an event) 4) Messages to welcome guests /and or groups. After discussion Council consensus was to use this sign as the Town Manager listed above. Council Member Wilkinson was not in favor of this use. Sister City Program Town Manager Russ Forrest stated at the Council meeting on October 17 Council asked to review materials previously presented on a Sister City relationship. Two Council members indicated exploring a relationship with Katsuyama, Japan. Attached are materials previously presented to the Council on a Sister City relationship. It was 11 -07 -11 tc Minutes Page 7 of 10 decided at this time it is cost prohibitive and Council would like to continue being involved with the Aspen Sister Cities program. REOP Grants Town Manager Russ Forrest wanted to inform Council, that as adopted by Resolution No. 27, Series of 2008, staff would like to solicit and accept written REOP funding applications from Snowmass Village residents, property owners, and businesses, as well as from builders, developers, public agencies, special districts and non profits conducting business or providing services within TOSV. Town staff will review and present recommendations to Council regarding funding applications received. Council will decide, by majority vote, which funding applications to approve. Proposed Next Steps: 1.) There is currently $7,000 in she REOP account. 2.) The TOSV Communications Director will begin a public awareness campaign in the coming weeks educating the above audiences about the REOP funding program, and soliciting applications. 3.) The Town Manager's office is suggesting that the Environmental Advisory Board (EAB) also review applications and present recommendations to Council. EOTC- Free Bus Service Town Manager Russ Forrest stated. that as anticipated, the topic of fare subsidized Bus Service between Aspen and Snowmass Village was discussed at the last EOTC meeting on October 20 as part of the 2012 Budget., The ongoing debate within EOTC is how to appropriately use roughly $1.4 million in net revenue every year after EOTC makes its contribution to RFTA operations and historical expenses. Since 2009, 2/3 of the net revenue has been dedicated to creating a reserve fund to pay for the Entrance to Aspen. There is also a $6.4 million expenditure from reserves that is budgeted in 2014 for the Snowmass Village Transit Improvements in the Mall. At the last EOTC meeting, view points were shared on the topic. The Mayor of Aspen shared his perspective that if the fare subsidy was to continue after the 2012/2013 ski season, it was Snowmass Village's responsibility to find funding for this service. It needs to be stated that, Snowmass Village never accepted responsibility for finding a funding source for this service on its own.. From a strategic planning meeting that occurred on August 6, 2009, it was agreed to create a. subcommittee made up of elected officials from Snowmass Village, Aspen, and Pitkin County. Markey Butler volunteered to represent Snowmass Village. However, at the time there was a.lack of interest from other jurisdictions to serve on a subcommittee. Forrest noted that he would like to review the history of EOTC and the West Village plan before this subcommittee may meet in the future. At the last EOTC meeting there was agreement to form a subcommittee with representation from each jurisdiction to develop 11 -07 -11 tc Minutes Page 8 of 10 a recommendation for the Free Bus Service by next spring. Staff has previously presented alternatives to both the Council and to the entire EOTC board for funding the Free Bus Service. At the heart of this debate is whether money should be saved and used for capital projects or whether operations should be funded beyond the contribution currently made to RFTA. Forrest noted he would recommend that a Council item be scheduled in the future, but before a subcommittee is formed, to review the history of the fund, commitments made for the use of the fund, and parameters for working with a subcommittee. The Snowmass Village representative should also be designated by the Council. Thanksgiving Town Manager Russ Forrest stated that Town Hall will be closed the day after Thanksgiving. Cougar Hunting Town Manager Russ Forrest stated that by allowing this film to use Town Hall for some specific scenes and requiring a $3,000 deposit, the Town is able to have an employee Holiday party which will be held at the Stonebridge Inn on December 2, 2011. Item N 9 AGE FOR NEXT TOWN COUNCIL_ MEETIN November 21, 2011 There was a brief discussion on the agenda for the November 21, 2011 meeting and the Town Manager reviewed the remaining of the year agendas. Item No. 10 APPROVAL. OF MEETING MINUTES FOR September 12, 2011 Special Meeting John Wilkinson, made the motion to approve the Town of Snowmass Village Special Meeting Minutes for September 12, 2011. Fred Kucker, Council Member seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council !Member, and Fred Kucker, Council Member. Voting Nay: None. Item No.! 1 C COMME /COMMITTEE R /CALENDARS John Wilkinson, Council Member Wilkinson stated that RFTA is investigating buying the Rapid Transit Buses that use compress natural gas. They would be used on the trunk line not up to S'nowmass Village or Maroon Bells. He also reported on the biological report of the Droste trail. 11 -07 -11 tc Minutes Page 9 of 10 Item No. 12 EXECUTIVE SESSION At 6:36 p.m. Town Council will now meet in Executive Session pursuant to C.R.S. 24- 6- 402(4) and Snowmass Village Municipal Code Section 2- 45(c), to specifically discuss three items: a) Determining positions relative to matters that may be subject to negotiations, developing strategy for. negotiations, instructing negotiators pursuant to C.R.S. 24- 6- 402(4)(e) and Snowmass Village Municipal Code Section 2- 45(c)(5); and b) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24- 6- 402(4)(c) and Snowmass Village Municipal Code Section 2- 45(c)(2); c) Personriol matters, except if the employee who is the subject of the session has requested an open meeting, pursuant to C.R.S. 24-6 402(4)(f)(1) and Snowmass Village Municipal Code Section 2- 45(c)(6); Provided, there is an affirmative vote of two thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) (b) and (c) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session, Bill Boineau, made the motion to approve entering into Executive Session. Fred Kucker, seconded the motion. T he motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber Council Member, and Fred Kucker Council Member. Voting Nay: None. AT 8:02 p.m. Fred Kucker, made the motion to approve reconvening to the regular meeting of the Snowmass Village Town Council on Monday, November 7, 2011. Markey Butler, Council Member seconded the motion. The motion was approved by a vote of 5 in 11 -07 -11 tc Minutes Page 10 of 10 favor to.0 opposed. Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council Member, and Fred Kucker, Council Member. Voting Nay: None. Item No. 13 ADJOURNMENT At 8:08 p.m. Markey Butler, made the motion to adjourn the Regular Meeting of the Snowmass Village Town Council on Monday, November 7, 2011. Fred Kucker, seconded the motion. The motion was approved by a vote of 5 in favor to 0 opposed. Voting Aye: Bill Boineau, Mayor, John Wilkinson, Council Member, Markey Butler, Council Member, Jason Haber, Council Member, and Fred Kucker, Council Member. Voting Nay: None. This set of minutes was approved by the Snowmass Village Town Council at their Regular meeting on Monday, February 6, 2012. Submitted By, Rhonda B. Coxon, CMC Town Clerk