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HomeMy WebLinkAboutbocc.min.spec.08152000(3) TUESDAY, AUGUST 15, 2000 (Shellie Roy Harper Not Present) Location: Plaza I Conference room 10:00 AM SPECIAL MEETING EXECUTIVE SESSION Litigation, John Ely ADJOURN SPECIAL MEETING EXECUTIVE SESSION 12:00 LUNCH BREAK 1:00 PM COUNTY MANAGER'S REPORT NWCCOG QQ Update, Taylor Hawes and Lane Wyatt Airport Restaurant, Pete Van Pelt Memos of Interest 3:00 PM SPECIAL MEETING Braun Ranch Settlement Proposal - S Wolff (Cont to 8/22 3 pm) ADJOURN SPECIAL MEETING 3:15 BOCC OPEN DISCUSSION Future Agendas/Agenda Requests 3:30 SPECIAL MEETING Hearing Officer Ratification, Ed Segaul (material to be handed out at meeting) 3:45 ABATEMENT HEARINGS Fox, Roaring Fork Club, MSJ Properties, LW Development 5:00 PM ADJOURN SPECIAL MEETING 5:00 INT MEETING WITH CITY at City Hall VASPECIAL MEETING, PUBLIC HEARING Is`Reading and Set for Public Hearing on August 29, RTA Ballot Question and IGA, John Ely ADJOURN SPECIAL MEETING 6:30 Affordable Housing Ballot Question Discussion with City Council 7:00 PM Historic Inventory Slide Show at Planning & Zoning Meeting APPROVED OCTOBER 25,2000 MINUTES JOINT MEETING PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS CITY OF ASPEN COUNCIL AUGUST 15, 2000 CALL TO ORDER: City of Aspen Mayor Rachael Richards, called a special meeting of the Aspen City Council and the Board of County Commissioners to order at 5:10 p.m. CITY COUNCIL MEMBERS PRESENT: Mayor Rachel Richards, Council members Tony Hershey, Jim Markahmas, Terry Paulson and Tom McCabe BOARD OF COUNTY COMMISSIONERS PRESENT: Leslie Lamont, Dorothea Farris, and Patti Clapper FIRST READING—RESOLUTION OF THE BOARD OF COUNTY COMMISSSONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN, THE TOWN OF BASALT, THE TOWN OF CARBONDALE, EAGLE COUNTY, GARFIELD COUNTY, THE CITY OF GLENWOOD SPRINGS,AND THE TOWN OF SNOWMASS VILLAGE CONCERNING THE ROARING FORK TRANASPORTATION AUTHORITY—MOTION TO APPROVE AND SET FOR SECOND READING AND PUBLIC HEARING ON AUGUST 29, 2000 FIRST READING —RESOLUTION OF THE BOARD OF COUNTY COMMISSIOENRS OF PITKIN COUNTY, COLORADO SUBMITTING TO THE ELECTORATE AT AN ELECTION TO BE HELD NOVEMBER 7,2000 A QUESTION REGARDING THE ESTABLISHMENT OF THE ROARING FORK TRANSPORTATION AUTHORITY AND FUNDING OF THAT AUTHORITY FROMO THE COUNTY'S EXISITNG TRANSPORTATION SALES AND USE TAXES—MOTION TO APPROVE ON FIRST READING AND SET FOR SECOND READING AND PUBLIC HEARING ON AUGUST 29,2000 Dan Blankenship, Manager of the Roaring Fork Transit Agency, proceeded with a presentation associated with this matter. BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING AUGUST 15,2000 Mayor Richards suggested that information about the service be more clearly stated that these are the goals of this program. And service will be adjusted based upon funds available and participation of the communities. Mr. Blankenship said he thinks this is an excellent suggestion because they don't want to over-sell it and at this point, we don't know which jurisdictions are actually going to be on board when it's all said and done. Additionally, he said there would be some fluctuations in federal funding that will affect our ability to implement this plan exactly as it is written. Commissioner Clapper said she would like to have the question posed to each individual jurisdiction due to the fairness issue. Commissioner Lamont clarified that the way the RTA is structured is each of these very specific in-town services that are unique.to Snowmass Village and to the City of Aspen are protected. And there could be very specific language that would make sure, for example, that Aspen or Snowmass Village couldn't be out voted at the RTA Board level. And she thinks from the fairness issue, Pitkin County and the Pitkin County residents have done as much as we can do to protect the existing services in those two communities and the services that Pitkin County does provide to Maroon Creek and the van service to Woody Creek are also protected. Commissioner Clapper reiterated that she still thinks that each jurisdiction should have the right to vote. Mayor Richards said this is an issue that each voter votes on as a county voter, not a municipality voter. She said as an example, when the school district has a vote on an issue, if all of Aspen votes no but Snowmass votes yes, Aspen does not get to pull out of our funding share of a school district improvement for all the kids. She thinks this is a county resident vote. Commissioner Lamont reiterated that there are a myriad of issues in the IGA that address very specific community issues. And we have been working on trying to address each community's issues and the entire policy committee to come to an agreement on a specific issue. And that is why she thinks it is important that each community sign the IGA because they we have all worked to make sure that everybody's interests can be addressed in this IGA. Jim Markalunas said as an Aspen City Council Board member, he whole-heartedly supports and endorses the IGA agreement between the various entities that will comprise the IGA. He said there were some newspaper accounts that this agreement was perceived by some pro and con for the RTA that there are some impressions that this proposal might be considered as a back-door attempt for rail. Therefore, he would just want to say that the constituency that he represents, and also for his own personal family who are very strong rail supporters and will be voting in the election, that they also want to make it clear that they don't want it to be considered a closed door for any future rail. BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING AUGUST 15,2000 Councilman Markalunas left the meeting at this juncture. Mayor Richards said that everything that Jim said is redundant with all the language everyone has already worked on, including Tony, for a long time,that this is to provide the best transit available and it does not close any doors on future options of the valley regarding light rail. Dan Blankenship proceeded to review the proposed changes to the intergovernmental agreement for the benefit of the board members. Mayor Richards wants to make sure that the understanding of the term "contractual relationship" might also include future contracts that the City might be trying to work through not just selling contractual relationships of the old maintenance service. Commissioner Clapper asked what would happen if the majority of the electorate, in one of the eight entities, voted no on the question? Mayor Richards clarified that if one of the electorates does deny the question then they would be out. Additionally, if the community votes yes and they want to be part of it, it won't matter if there are new officials elected that maybe don't want to go along with the RTA, the vote cannot be overturned because the community will have spoken. Councilman Tom McCabe referred to the language regarding the form of resolutions approved by the RTA board. He said he would prefer that all resolutions be in written form rather than oral. Mr. Blankenship said the point there is that some decisions are sometimes made on a wide variety of topics and so what would happen is that they would have the option on this board to make a motion on informal types of matters as opposed to memorializing them in a resolution. Councilman McCabe said he was thinking in terms of more formal actions. It was agreed that language would be incorporated that all formal actions of the board will be memorialized in a resolution. The bylaws would determine the types of resolutions that must be in writing. Councilman McCabe said an issue that may come up and may make claim to opposition to this is the study of rail. Councilman Hershey said to the extent that any study would impact the budget it would also require a two-thirds vote of the board. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING AUGUST 15,2000 Commissioner Farris suggested that the language say that the Authority "shall' not finance rail construction, etc. rather than the word "may" not. Councilman McCabe questioned if we want to constrain ourselves to pursue only State and Federal grants? He wondered if there might be private or corporate grants that might be available. Mr. Blankenship clarified that he does not think this language constricts the boards to only pursuing those kinds of grants because the language says these types of grants will be actively pursued. It was agreed that language would be added to say "and any other grants". Councilman McCabe referred to the language with respect to transfer of the right- of-way for the RTA. He questioned if trails are considered an authorized transportation project? Tom Newland clarified that with respect to the intent of the transition plan, they were thinking more along the lines of the transit system on the rail line. Mayor Richards said she thinks the point is to keep the RTA away from the liabilities that may exist with the trail system. It was agreed that the language would say "authorized transportation projects other than trails". Councilman McCabe referred to Item No. 2 under the Ballot Issues. He suggested that the Brush Creek Corridor and Highway 133 be separated into two bullet items rather than one. Mayor Richards opened the hearing to public comment. A member of the public expressed a concern with the proposal that deals with actual construction of rail. Tom Newland said if you are going to get federal funding you must have this question addressed early. You've got to have your local match or you lose your federal funding. Mayor Richards said she couldn't go to a place where she is going to tell a group eight years from now that they can't plan something. Yes it will require some money and future votes by the representatives of other entities but those people may vote to say we want to fund studying rail. And they will have to answer to their electorates within their own community for doing that. But she does not think there is a value in trying to handicap this. BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING AUGUST 15,2000 Councilman Hershey expressed a concern that the RTA question will fail if the rail issue gets injected into this. Because there are people that feel that this is a backdoor effort for rail. Commissioner Lamont said we have two resolutions before us that the board would like to take reading on tonight. So she would moved to approve on first reading A Formal Resolution of the Board of County Commissioners of Pitkin County Colorado,Approving an Intergovernmental Agreement with the City of Aspen, the Town of Basalt, the Town of Carbondale, Eagle County, Garfield County, The City of Glenwood Springs and the Town of Snowmass Village Concerning the Roaring Fork Transportation Authority and to set for second reading on August 29,2000. Commissioner Farris seconded the motion. Motion passed unanimously. Commissioner Lamont said with respect to the second resolution she would preface that she would like comment and feedback between first reading and second reading from Aspen and the Town of Snowmass Village because this is the Resolution approving the ballot language. She moved to approve on first reading and set for second reading on August 29,2000 A Resolution of the Board of County Commissioners of Pitkin County, Colorado Submitting to the Electorate at an Election to be Held November 7,2000,A Question Regarding the Establishment of the Roaring Fork Transportation Authority and Funding of that Authority from the County's existing transportation sales and use Taxes. Commissioner Farris seconded the motion. Mayor Richards expressed a concern with the language in the first paragraph of the question,which says "and, if the appropriate voters approve the RTA, Basalt, Glenwood Springs, Carbondale and Eagle and Garfield Counties". She said this makes it sound like our permission to enter the RTA, by the voters, is contingent on all of these other people saying yes. So she thinks that term "and if' needs to be looked at to make sure we are not setting this up as a conditional or contingent phrase in here. It was agreed that the language would be amended to say "and with expected participation by". John Ely, County Attorney, referred to the second paragraph that appears at the top of page two of the resolution. He suggested that the reference to "use tax" be removed. Mayor Richards suggested that the word "providing" in the first paragraph of the question be changed to say, "funding". It was agreed that the language would be changed to say "funding and providing". BOARD OF COUNTY COMMISSIONERS 5 SPECIAL MEETING AUGUST 15,2000 Commissioner Clapper suggested reviewing the other entities ballot questions to insure that they are not making the same mistakes. Additionally, staff was directed to check with Eagle County to see if they have a use and a sales tax. Mayor Richards said she does not see this question as being diversed from growth. This will establish our base line collection but her understanding is that by Tabor your first year of collections become your base line and collect any thing that exceeds CPI plus growth you then have to back to for a de-Brucing question. She thinks this should be de-Bruced at the same time. Tom Oken, Administrative Services Manger for the County, said bond counsel drafted this language supposedly to address the de-Brucing. Staff was directed to double check with bond counsel on this issue prior to second reading. Commissioner Lamont amended her motion based on the amendments that have been discussed. Commissioner Farris added this to her second. Commissioner Clapper said she is voting no on this only because of the issue of the multi-jurisdictional vote. Mayor Richards suggested that in the City, there would have to be a majority vote of the entire board to pass a motion. Due to there only being three commissioners present Commissioner Clapper said she would change her vote to yes to take this matter to second reading. Motion passed unanimously. ADJOURNMENT: Commissioner Farris moved to adjourn the meeting at 6:30 p.m. Commissioner Lamont seconded the motion. Motion passed unanimously BOARD OF COUNTY COMMISSIONERS 6 SPECIAL MEETING AUGUST 15,2000 Respectfully submitted, i9 � r ter lganette Jones clerk to the Board of County Commissioners Shellie Roy Harper, Chairp erson Board of County Commissioners Kathryn Koc City Clerk R chel RichardsqMayor �. pcjmj\ww\g\minutes\2000\08152000 BOARD OF COUNTY COMMISSIONERS 7 SPECIAL MEETING SEPTEMBER 15,2000