Loading...
HomeMy WebLinkAbout03 AIS Ballot Question Comb 1.19.16 AGENDA ITEM SUMMARY WORK SESSION DATE: January 19, 2016 AGENDA ITEM TITLE: Review of Potential Upcoming Ballot Questions STAFF RESPONSIBLE: Jon Peacock, County Manager ISSUE STATEMENT: The Open Space program has requested time on the Commissioner's agenda to discuss placing a question on the ballot to renew the Open Space property tax. The Board requested a work session to review all sun setting taxes and discuss general factors that should be considered when considering renewal. Time has been set aside at today's meeting to provide this background. BACKGROUND: Pitkin County currently has two voter approved taxes with sunset clauses: A dedicated property tax for the Healthy Community Fund and a dedicated property tax for the Open Space and Trails program. The Healthy Community Fund mill levy is approved for collection through 2018 and the Open Space and Trails mill levy is approved for collection through 2020. The Open Space and Trails Board has discussed pursuing a ballot question in 2016 to both renew the mill levy, and change or remove restrictions on how the funds can be appropriated. The current allocation of Open Space revenues as defined by section 13.1.4 of the Home Rule Charter is: 65%-85% for the acquisition and improvement of real property; 10%-30% for acquisition and improvement of real property for trail and trailhead uses; and 5%-15% for managing, maintaining, rehabilitating and preserving County open space. Open Spaces current allocation of revenues is 75%, 10% and 15%respectively. As the Open Space and Trails Program has successfully acquired properties, there is increased demand on resources to manage, maintain and rehabilitate open space. Staff is concerned that the allocation for maintenance and operations is not sustainable through 2020, and the Open Space Board and Staff have been in discussions about the possibility asking voters as early as 2016 to renew the tax and change the allocation between acquisitions and operations and maintenance. The Healthy Community Fund tax was renewed in 2011, and expires in 2018. The Healthy Community Fund was established to help Pitkin County citizens and employees be independent, healthy and safe through annual grants to support non-profit organization that provide critical Health and Human Services to people who live and/or work in Pitkin County (see attached resolution and ballot question). The ballot question and adopting resolution established priorities for grant awards. Currently there are two ongoing analysis that could affect a future Healthy Community Fund ballot question. First, a comprehensive study of the provision of Public Health in Pitkin County is under way by the Keystone Policy Center. This study will make recommendations on how to improve our local commitment to the right level and type of public health services and funding strategies to ensure a sustainable future for the priority of public health services. Second, the Board of Health has recently been in discussions related to access to affordable healthcare for low income and Medicare eligible residents of Pitkin County. Both of these discussions could result in funding considerations for the next renewal of the Healthy Community Fund tax. We do not expect to have recommendations from either of these discussions in time for consideration in a 2016 ballot question and will have better information to support a 2017 or 2018 renewal. The most recent renewals are attached to this memo. LINK TO STRATEGIC PLAN: Core Focus -Flourishing Natural and Built Environment&Livable and Supportive Community BUDGETARY IMPACT: None at this time RECOMMENDED BOCC ACTION: None at this time ATTACHMENTS: • A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SUBMITTING TO THE ELECTORATE AT THE ELECTION TO BE HELD ON NOVEMBER 1,2011,A BALLOT ISSUE DEDICATING PROPERTY TAX FOR THE HEALTHY COMMUNITY FUND. • A RESOLUTION OF THE BOARD OF COMMISSIONERS SUBMITTING TO THE ELECTORATE AT THE ELECTION TO BE HELD ON NOVEMBER 7, 2006 REFERENDUM 1B WHICH REAUTHORIZES THE OPEN SPACE/TRAILS PROGRAM BY AMENDING ARTICLE XIII OF THE COUNTY CHARTER EXTENDING A PROPERTY TAX LEVY OF UP TO 3.75 MILLS FOR TEN YEARS,AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION DEBT IN AN AMOUNT UP TO $20 MILLION. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, SUBMITTING TO THE ELECTORATE AT THE ELECTION TO BE HELD ON NOVEMBER 7, 2006, REFERENDUM IB WHICH REAUTHORIZES THE OPEN SPACE/TRAILS PROGRAM BY AMENDING ARTICLE XIII OF THE COUNTY CHARTER, EXTENDING A PROPERTY TAX LEVY OF UP TO 3.75 MILLS FOR TEN YEARS, AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION DEBT IN AN AMOUNT UP TO $20 MILLION. RESOLUTION NO. QM� _2006 RECITALS 1. The Pitkin County Open Space/Trails Program, approved by the electorate and established in 1990, has successfully acquired, protected, improved and maintained critical open space and trails properties of immeasurable and lasting value to the citizens of Pitkin County; and 2. The Open Space/Trails Board of Trustees and the Board of County Commissioners are of the opinion that, to support the Open Space/Trails Program. a property tax should continue to be levied for this purpose; and 3. Pursuant to Section 6 of Resolution No.99-150, the property tax levy of up to 3.75 mills imposed to fund the Pitkin County Open Space/Trails Program terminates in 2009 (for collection in 2010); and 4. The Board of County Commissioners is of the opinion that the continued acquisition and preservation of open space and trails pursuant to that Program will continue to have a significant beneficial impact on the future of Pitkin County and that the Board therefore has a duty to act as steward of such lands and trails for its present and future citizens; and 5. The acquisition and maintenance of significant open space areas and trails in and around Pitkin County will continue to be more competitive, time-consuming and expensive as a result of market factors; and 6. Additional public funds must therefore be secured which are earmarked for open space and trail acquisition,improvement,management and preservation; and 7. The Colorado County Home Rule Powers Act, at C.R.S. § 30-35-201, grants the following powers to the County: (29) Parks — recreational facilities — conservation easements. (a) To acquire, establish, and maintain such lands, or interests in land, within the county as in the judgment of the governing body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for 1 • the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest. (33) Acquisition and bonds submitted to electors. (a) For any of the purposes named in subsection (29) of this section within the county limits, to acquire, by purchase, gift, devise, or exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or interests in land shall be so acquired by purchase unless the governing body has adopted an ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interest in land, unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by subsection(6)of this section; and 8. The Board of County Commissioners of Pitkin County, Colorado, pursuant to Section 7.2.11 of the Pitkin County Home Rule Charter, "on its own motion, shall have the power to submit to a general or special election any proposed resolution or question to the vote of the people"; and 9. Sections 8.1.1, 8.1.5, 9.1.1, and 10.1.1 of the Pitkin County Home Rule Charter provide as follows: 8.1.1 —Action to amend a charter shall be initiated by:... A resolution adopted by the Board of County Commissioners submitting the proposed amendment to the qualified electors. 8.1.5 - If a majority of the registered qualified electors voting thereon vote for a proposed amendment,the amendment shall be deemed approved... 9.1.1 —Limitation of Tax Levy: Except as provided in 9.1.3,no increase in the rate or levy of any tax imposed or collected by the County of Pitkin shall exceed the levy or rate of the tax imposed or levied during the calendar year 1979, and no new or additional tax may be levied or collected unless and until such increase, change or new or additional tax is submitted to and approved by a majority of those actually voting in an election on such issue. 10.1.1 — Limitations on Borrowing: No income, sales, excise, property, transfer or any other tax, whether now in force or a new tax, shall be committed in favor of any debt of the County unless and until the commitment of the tax to the indebtedness and the indebtedness shall be submitted to and approved by a majority of the electors voting at an election called for such purpose"; and 10. Section 20 of Article X of the State Constitution requires voter approval of certain local government matters including the following: 2 a. approval of any new tax, tax rate increase, mill levy above that for the prior year, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain, and b. creation of any multiple fiscal year direct or indirect debt, and c. approval of property tax revenue changes pursuant to Section 20(7)(c); and 11. Pursuant to the State Constitution, statute and the Home Rule Charter, the Board of County Commissioners has determined to submit the question of reauthorizing the Open Space/Trails Program, extending the property tax mill levy,and issuing general obligation indebtedness for open space and trails to the registered qualified electors of Pitkin County at a general election to be held in the County on November 7, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: Section 1. BALLOT QUESTION The Board of County Commissioners of Pitkin County, Colorado does hereby submit to the electorate at the general election on November 7,2006, the following question: REAUTHORIZING COUNTY OPEN SPACE AND TRAILS PROGRAM FUNDING FOR TEN YEARS — CHARTER AMENDMENT, PROPERTY TAX LEVY, AND GENERAL OBLIGATION DEBT SHALL PITKIN COUNTY DEBT BE INCREASED $20 MILLION WITH A MAXIMUM REPAYMENT COST OF UP TO $56 MILLION, AND SHALL PITKIN COUNTY TAXES BE INCREASED UP TO $2,100,000 ANNUALLY AND BE LEVIED IN ANY YEAR WITHOUT LIMITATION AS TO RATE OR AMOUNT TO REPAY SUCH DEBT, WITH THE ACTUAL PROPERTY TAX LEVY REQUIRED TO REPAY SUCH DEBT AND DEBT PREVIOUSLY APPROVED BY THE ELECTORATE FOR OPEN SPACE AND TRAILS, ANNUALLY DEDUCTED TO REDUCE THE LEVY OF UP TO 3.75 MILLS AUTHORIZED BELOW; SUCH DEBT TO BE EVIDENCED BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OR NOTES IN ONE OR MORE SERIES AND WITH OR WITHOUT A PREMIUM FOR REDEMPTION PRIOR TO MATURITY; ALL FOR THE PURPOSE OF FUNDING THE PURCHASE, IMPROVEMENT AND MAINTENANCE OF OPEN SPACE AND TRAILS; AND SHALL THE EXISTING PITKIN COUNTY OPEN SPACE AND TRAILS PROPERTY TAX LEVY OF 3.75 MILLS BE EXTENDED FOR TEN YEARS, COMMENCING WITH THE TAX YEAR 2010 (COLLECTION TO BEGIN IN 2011) AND CONTINUING THEREAFTER THROUGH THE TAX YEAR 2019, AT A LEVY OF UP TO 3.75 MILLS BUT NOT LESS THAN 2.5 MILLS; AND SHALL PITKIN COUNTY BE ENTITLED TO COLLECT, RETAIN, 3 3 AND SPEND ON BEHALF OF THE OPEN SPACE AND TRAILS PROGRAM THE FULL REVENUES FROM THE PROPERTY TAX LEVY OF UP TO 3.75 MILLS REGARDLESS OF WHETHER THE ANNUAL REVENUES FROM SUCH LEVY EXCEED THE REVENUE LIMITATIONS CONTAINED IN THE COUNTY HOME RULE CHARTER, STATE LAW OR THE STATE CONSTITUTION;AND SHALL ARTICLE XIII OF THE PITKIN COUNTY HOME RULE CHARTER BE AMENDED TO REAUTHORIZE AND AUGMENT THE OPEN SPACE/TRAILS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF RESOLUTION00 -2006? Section 2. CHARTER AMENDMENT. The Pitkin County Home Rule Charter shall be amended, upon approval of the electorate at the November 7, 2006, election, amending as indicated only the following provisions of Article XIII entitled"Open Space/Trails": 13.1 Open Space/Trail Funds—Restrictions_ All funds from the increase in the mill levy and the issuance of general obligation debt, approved by the electorate November 6, 1990, and November 2, 1999, and November 7,2006,,shall be utilized solely for the following purposes and according to the following restrictions: 13.1.1 Separate Fund. Funds shall be deposited in a separate Open Space/Trails Fund ("the Fund") and shall, together with all interest or other earnings thereon, be earmarked for and restricted to the acquisition, improvement and maintenance of open space and trails and directly related expenses, including necessary staffing and services, and the payment of debt issued therefor and the costs of such issuance, and such Fund shall not be spent for other purposes under any circumstances. 13.1.2 Allocations to Acquisitions and Improvements of Open Space and Trails. Seventy five percent (75%) of the revenue collected shall be set aside exclusively for the acquisition and improvement of real property, water rights,or interests therein, which interests shall include, but are not limited to, mineral rights, for open space uses and purposes, as defined in Section 13.5.1 (1-5 and 10), and twenty percent (20%) of the revenue collected shall be set aside exclusively for the acquisition and improvement of real property or interests therein for trail and trailhead uses and purposes, as defined in Section 13.5.1 (6-9). Such acquisitions and improvements shall be selected and determined by the Board of County Commissioners from a list of recommended acquisitions and improvements developed by the Open Space/Trails Board to carry out the purposes of the Open Space/Trails Program set forth in Section 13.5.1. 13.1.3 Allocations to Maintenance of Open Space and Trails. Five percent (5%) of the revenue collected shall be set aside exclusively for managing, maintaining, rehabilitating and preserving County open space and trails, either acquired from the Open Space/Trails Fund or acquired from other 4 sources and designated from time to time by the Board of County Commissioners after consulting with the Open Space/TraiIs Board, and trails made available to the public by other public and private entities. Such revenue shall not be used to replace existing funding for the maintenance of Open Space and Trails except for the maintenance of Nordic trails,which prior to 2006 were maintained with funds from other local government sources. For purposes of this Section, maintenance shall also include both fostering stewardship of public and private open space lands and promoting public education and awareness of the benefits of preserving open space and trails. 13.1.4 Upon approval of the Board of County Commissioners, after consulting with the Open Space/Trails Board, the percentage revenue allocations in Sections 13.1.2 and 13.1.3 may be increased or decreased by up to 10% for any time period; however, the allocation in Section 13.1.3 shall never be less than 5%. This effectively creates allocation ranges ,of 65-85% for open space, 10-30%for trails and 5-15% for maintenance. 13.1.5 Funds collected from the issuance of general obligation debt may be used for the refunding-er- and issuance costs of such debt-er- and for the acquisition er-improvement and capital maintenance of speef'e-open space ands trails properties without being subject to the percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4. percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4. 13.2 Open Space/Trails-Definitions. 13.2.1 "Open Space" shall be defined as primarily undeveloped lands and waters which meet one or more of the following criteria: Within public scenic viewplanes; bounding or within urbanized areas; incorporating or protecting significant wildlife habitat; preserving historic agricultural and ranching activities; protecting riparian or wetlands areas; protecting other public lands from the impacts of development. 13.2.2 "Trails" shall be defined as non-motorized accessways meeting one or more of the following criteria: preserving historic routes of ingress and egress to public lands and waterways; providing access to and from recreational or urban destinations; providing transportation or recreational opportunities throughout the Roaring Fork Watershed Valley. 13.3 Open Space/Trails Board of Trustees. The Pitkin County Open Space/Trails Board of Trustees, established by the Board of County Commissioners, following approval 5 3 of the electorate at the November 6, 1990-ad November 2, 1999, and November 71 2006, shall operate as follows: 13.4 [There is no 13.4] 13.5 Open Space/Trails—Program_ 13.5.1 Purposes. The Open Space/Trails Board of Trustees shall promulgate such policies as will further the following purposes for Open Space and Trails acquisitions: (1) Shaping development(greenbelt and viewplanes). (2) Incorporating or protecting significant wildlife habitat and corridors. (3) Preventing encroachment on flood plain and riparian areas. (4) Preserving historic agricultural and ranching activities. (5) Protecting other public lands from the impacts of development. (6) Preserving historic routes of ingress and egress to public lands and waterways. (7) Providing access to and from recreational or urban destinations. (8) Providing recreational opportunities throughout Pitkin County which are directly related to and not inconsistent with the foregoing purposes. (9) Providing a Nordic Trail system. (10)Protecting native aquatic habitat and recreational opportunities associated with streams and rivers. 13.5.2 Limitations. Open Space and Trails acquired with Open Space/Trails Funds shall be limited to uses consistent with the purposes enumerated in Section 13.5.1 and to such improvements as are necessary to the protection and preservation of such lands and trails for the purposes set forth in Section 13.5.1, unless conversion to additional and/or more active uses and related capital improvements are approved pursuant to Section 13.5.3. 13.5.3 Prohibitions on sale or conversion of Open Space or Trails. No open space or trail interest in real property, whether fee, easement or otherwise, acquired with Open Space/Trails Funds, shall be sold or conveyed nor shall any interest be converted by Pitkin County to any other use or purpose (e.g., golf course, housing) unless such open space or trail interest 6 in real property is replaced with another open space or trail interest in real property of equivalent value as of the date of sale or conversion as determined by the Board of County Commissioners taking into consideration monetary value and the values in 13.5.1, and until such sale or conversion is approved by a majority of the electorate at a general or special election called for this purpose. The Board of County Commissioners shall consult with the Open Space/Trails Board on the equivalent value of the replacement property and the advisability of the sale or conversion and shall publicly disclose the analysis supporting its finding of equivalent value. Notwithstanding_ the other provisions of this section, partial property interests may be sold or conveyed if the fair market value of the open space interest retained is at least equal to the net permanent investment of open space funds and such sale or conv_gyance does not materially diminish the conservation values of the property, as set for in Section 13.5(1) as determined by a vote of at least four members of both the Open Space and Trails Board and at least four members of the Board of County Commissioners, an provided that the County's intention for a partial sale of the interest is expressly stated in the Open Space Board's recommendation of the initial purchase, and in the Board of County Commissioners Ordinance authorizing the initialpurchase. Notwithstanding_ the other provisions of this section, a conservation easement may be conveyed to a third party by Pitkin County to further ensure permanent protection of open space lands owned in fee by Pitkin County. Section 3. CALCULATION OF TAX LEVY. The ad valorem tax pledged to secure the general obligation indebtedness authorized herein shall be without limitation as to levy or amount. However, the actual levy required to service such debt shall annually be deducted from 3.75 mills to establish the remaining maximum levy authorized herein and to establish the net property tax revenue subject to the percentage revenue allocations set forth in Sections 13.1.2, 13.1.3 and 13.1.4. Section 4. NET EFFECTIVE INTEREST RATE. The maximum net effective interest rate for the general obligation indebtedness authorized herein shall be 8.5%. Section 5. PUBLICATION Pursuant to C.R.S. § 1-5-205, a notice of the election including the date, hours, polling places, and questions submitted shall be published one time in The Aspen Times Weekly and shall be posted in a conspicuous place at the County Clerk's office at least 10 days before the date of the election and until after the election. Pursuant to C.R.S. § 30-11-506 (3a) and Section 8.1.3 of the Home Rule Charter. a notice of the election including the full text of the ballot question and the proposed amendment to Home Rule Charter shall be published one time in The Aspen Times Weekly. Such notices as are required by Section 20(3)(b) of Article X of the State Constitution shall be provided by the County Clerk. Section 6. EFFECTIVE DATE The property tax imposed by this Resolution shall be first levied in 2010 for collection in 2011. The other provisions of this Resolution shall be effective upon adoption. Section 7. TERMINATION The property tax imposed by this Resolution shall continued to be levied through 2019 (for collection in 2020), unless and until amended or repealed by a majority of the registered electors of Pitkin County, Colorado at an election held for such purpose. However, so long as there remain outstanding any bonds or obligations of the County having a lien on the proceeds of all or any portion of this property tax, neither shall the property tax be repealed, nor shall the application of the proceeds derived from such tax be changed in any way which would materially adversely affect the security of such bonds or obligations. Section 8. SEVERABILITY If any provision of this Resolution, ballot question or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provisions or application, and to this end the provisions of this Resolution or the ballot question, as applicable are declared to be severable. BE IT FURTHER RESOLVED that for purposes of C.R.S. § 1-11-203.5, this Resolution shall serve to set the ballot title and the ballot issue for the ballot question, and the ballot title for the ballot question shall be the text of the ballot question itself; BE IT FURTHER RESOLVED that said ballot question shall be submitted to the Pitkin County Clerk and Recorder for inclusion on the November 7, 2006, election ballot, and that said Clerk and Recorder shall cause the text of this question to be published as provided above; BE IT FURTHER RESOLVED that the votes cast for adoption or rejection of said ballot question shall be canvassed and the result determined in the manner provided by law. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON JULY 26, 2006, 8 6./ NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JULY 30, 2006. A1OPTED AFTER FINAL READING AND PUBLIC HEARING ON LI l 'C:('; fi .3 , 2006. PUBLISHED BY TITLED SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON . ",-. /(,,,_, , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS nn OF PITKIN COUNTY, COLORADO BY & ,t Ali-4 _ By: Qt. 11.14 i4-4- . Jeanette Jones Michael C. Ireland,Chair Deputy County Clerk Date: 3 3- a APPROVED AS TO FORM: __---_--- JohnkfiOrney MANAGER APPROVAL: A</ ., � ,7fa_______ Hilary ;cher Smith, unty Manager RE OMMEND ( ' APPROVAL: 1 r Dale ' ,., (4 Director of Open Space and Trails 9 9 ATTES : BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLO By By: Jeane Jones Michae C. I eland, Chair Dep County Clerk r Z Date: APPROVED AS TO FORM: John Ely, County Attorney 5 MANAGER APPROV a( 0-1 Hilary Fletche mith, County Manager / RECO ENDED FOR APPROVAL: Dale Will, Director of Open Space and Trails 9 / A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO, SUBMITTING TO THE ELECTORATE AT THE ELECTION TO BE HELD ON NOVEMBER 1,2011,A BALLOT ISSUE DEDICATING PROPERTY TAX FOR THE HEALTHY COMMUNITY FUND RESOLUTION NO.W5 -2011 RECITALS 1. The County of Pitkin in the State of Colorado(the "County" and the"State," respectively) is a duly created political subdivision of the State,organized and operating as a home rule county pursuant to the general statutes of the State and a county home rule charter(the"Charter")adopted pursuant to the Colorado County Home Rule Powers Act. 2. The members of the Board of County Commissioners of the County (the "Board") have been duly elected,chosen and qualified. 3. The Board has a tax proposal that requires voter approval pursuant to Section 20 of Article X of the State Constitution and Article IX of the Charter, and it desires to submit such proposal to the electorate at the election to be held on November 1,2011. 4. Section 20 of Article X of the State Constitution ("TABOR") requires voter approval of certain local government matters including the following: a. approval of a new tax, tax rate increase, mill levy above that for the prior year, or extension of an expiring tax, or a tax policy change directly causing a net tax revenue gain pursuant to Section 20(4)(a); b. approval of revenue changes pursuant to Section 20(7). 5. Section 9.1.1 of the Charter provides in part that "except as provided in 9.1.3, no increase in the rate or levy of any tax imposed or collected by the County...and no new or additional tax may be levied or collected unless and until such increase, change or new or additional tax is submitted to and approved by a majority of those actually voting in an election on such issue." 6. The Healthy Community Fund is a valuable dedicated property tax with a mission to help Pitkin County citizens and employees be independent, healthy and safe. The annual grant program works to support non-profit organizations that provide critical Health and Human Services and Community Resources to people who live and/or work in Pitkin County. For the past nine years, the Healthy Community Fund has provided millions of 1 dollars to promote the social, emotional, physical and economic well-being of our families, youth and seniors. 7. It is estimated that each year the Healthy Community Fund agencies reach and support over 25,000 people from Aspen to Parachute, improving access to health services, preventing and treating substance abuse, diminishing the impacts of mental illness, protecting vulnerable children and adults, caring for the terminally ill and their families, and optimizing the quality of life for residents and workers in Pitkin County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO: 1. The Board has determined, and hereby determines that the interest of the County and the public interest and necessity require the submittal of this tax proposal to the electorate at the election to be held on November 1, 2011. 2. The question to be submitted to the electorate shall be as set forth in Attachment A to this resolution. If the question is approved by the electorate: a) The collections of the authorized tax shall be accounted for in a separate fund dedicated for the sole purpose of providing a stable source of funding for health and human service and community non-profit programs and directly related expenses including county staffing and services (the "Healthy Community Fund" or "HCF"). However, this does not guarantee a specific level of funding to any particular agency. The General Fund shall cover Senior Capital expenditures and most of the cost of administering the HCF. However when conditions warrant it, at the discretion of the Board, up to 5% of the HCF may be spent on administration (in addition to the statutorily required Treasurers Fees). The funds shall not be spent for other purposes under any circumstance. b) The mission of the Healthy Community Fund is to help Pitkin County citizens and employees be independent,healthy and safe. c) The programs to be funded shall promote and achieve the priorities listed in the ballot question. The Healthy Community Fund will also support agencies that are working towards the community goals and objectives set forth by the Board which includes the list below: Family and Youth Well-Being-promote the social,emotional and economic well-being of families and youth Physical Health -promote the physical well being of individuals Mental Health and Substance Abuse Prevention -promote the psychological well being of individuals,provide treatment and promote prevention of substance abuse 2 Legal Services and the Courts -facilitate access and appropriate utilization of legal and judicial assistance The Well—Being of Seniors -promote the social, emotional, economic and physical well-being of senior adults Community Program Effectiveness—administrative advocacy for fiscal support,clear expectations for results, enhancing program operations and collaborations and active support of assessment for achieving community goals Cultural,Recreational and Educational Treasures—promote and optimize the quality of life for residents and workers in Pitkin County Regional Collaboration—Foster opportunities to share resources and common problem solving activities Environmental Quality—Enhance and sustain natural resources d) The Board of County Commissioners shall appoint five members to a Citizen Grant Review Committee. Each committee member shall be a resident of Pitkin County, shall hold no other County or municipal office, shall not sit on any board of directors of any non-profit applying for funding, and shall serve without pay. e) The Citizen Grant Review Committee shall: (1) Make recommendations to the Board of County Commissioners to update the Community Goals as necessary. (2)Within those goals establish priorities and criteria for funding health and human service and community non-profit programs. (3)Review all grant applications and insure fiscal and programmatic compliance. (4) Make recommendations to the Board of County Commissioners for distribution of funds to programs that are responsive to current and changing community needs and that also demonstrate accountability by measuring programmatic impact. The Citizen Grant Review Committee will evaluate all grants based on"Grant Criteria"that is approved by the Board of County Commissioners. Highest priority for funding will go to agencies providing basic health and human needs. Other funding will be allocated based on availability. Initial percentages of funding will include 66%to Health and Human Services, 21% to Senior Services and 13%to Community Non- Profits. The Citizen Grant Review Committee is encouraged to recommend adjustments to these percentages to meet changing community needs. (5)Establish relationships with local non-profits to more effectively discharge Committee responsibilities. 3. For purposes of C.R.S. § 1-11-203.5, this Resolution shall serve to set the ballot title and the ballot issue for the ballot question, and the ballot title for the ballot question shall be the text of the ballot question itself. 3 4. Pursuant to C.R.S. § 1-5-205, a notice of the election including mail in ballot requirements and questions submitted shall be published one time in The Aspen Times Weekly and shall be posted in a conspicuous place at the County Clerk's office at least 10 days before the date of the election and until after the election. 5. The County Clerk shall provide such notices as are required by Section 20(3)(b) of Article X of the State Constitution. 6. The officers of the County are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. 7. If any section, paragraph, clause or provision of this Resolution or ballot question shall for any reason be held to be invalid or unenforceable,the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or the ballot question, as applicable. 8. This Resolution shall be in full force and effect immediately upon its final adoption. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON August 10, 2011 AND SET FOR PUBLIC HEARING ON THE 23 DAY OF August, 2011 NOTICE F PUBLIC HE G PUBLISHEDBUSHED DAY OF v 6- s OPT VD AFTER SECOND READING AND PUBLIC HEARING ON v US f a© ir PUBLISHED BY TITLE AND SHORT SUI 1ARY,AFTER : S 9PT ON,IN THE ASPEN TIMES WEEKLY ON THE 1/44`' DAY O'1P, of,L 2011. ST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By /' 4 Je Jones Rachel E. ichards, Chairwoman Depu Clerk&Recorde 1. Date: APPROVED AS TO FORM: MANAGER APPROVAL: 4 John Ely, County Attorney Jon Peacock, County Manager 5 Attachment A DEDICATED PROPERTY TAX FOR HEALTHY COMMUNITY FUND SHALL PITKIN COUNTY TAXES BE INCREASED BY UP TO $464,000 ANNUALLY THROUGH AN INCREASE IN AND EXTENSION OF THE EXISTING HEALTHY COMMUNITY FUND PROPERTY TAX LEVY, RESULTING IN A TOTAL HEALTHY COMMUNITY FUND PROPERTY TAX LEVY OF UP TO $1,944,000 COMMENCING WITH THE 2013 COLLECTION YEAR, AND THE SAME AMOUNT, ADJUSTED ANNUALLY FOR INFLATION AND LOCAL GROWTH, FOR FIVE YEARS THEREAFTER FOR THE SOLE PURPOSE OF PROVIDING A STABLE FUNDING SOURCE FOR HEALTH AND HUMAN SERVICE AND COMMUNITY NON-PROFIT PROGRAMS INCLUDING: • PROTECTIVE AND SUPPORTIVE SERVICES FOR CHILDREN • HELPING AT-RISK YOUTH CONNECT TO COMMUNITY PROGRAMS AND ACTIVITIES TO HELP THEM SUCCEED • HELPING VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT • CARE FOR THE TERMINALLY ILL AND THEIR FAMILIES • MENTAL HEALTH AND SUBSTANCE ABUSE COUNSELING AND PREVENTIVE SERVICES • PROVIDING A VARIETY OF PHYSICAL, SOCIAL, AND EDUCATIONAL ACTIVITIES FOR SENIORS, INCLUDING SUPPORT FOR THOSE WHO NEED ONE-ON-ONE HELP TO DEAL WITH THE CHALLENGES OF EVERYDAY LIFE • PREVENTIVE HEALTH SERVICES TO LOWER-INCOME CITIZENS -- SUCH AS IMMUNIZATIONS, UNINTENDED PREGNANCY PREVENTION AND FAMILY PLANNING SERVICES -- TO AVOID HIGHER COSTS LATER • WORKING WITH DEVELOPMENTALLY DISABLED CITIZENS AND THEIR FAMILIES TO ENHANCE THEIR ABILITY TO LIVE INDEPENDENT LIVES • PROGRAMS THAT PROTECT THE QUALITY OF OUR NATURAL RESOURCES AND SHALL PITKIN COUNTY BE ENTITLED TO COLLECT, RETAIN, AND SPEND THE FULL REVENUES FROM SUCH TAX INCREASE AS A VOTER- APPROVED REVENUE CHANGE REGARDLESS OF WHETHER THE ANNUAL REVENUES FROM SUCH TAX INCREASE IN ANY YEAR AFTER THE FIRST FULL YEAR IN WHICH IT IS IN EFFECT EXCEED THE ESTIMATED DOLLAR AMOUNT STATED ABOVE AND NOTWITHSTANDING ANY REVENUE OR EXPENDITURE LIMITATION IN THE STATE CONSTITUTION, STATE LAW OR THE COUNTY HOME RULE CHARTER? 1