HomeMy WebLinkAboutbocc.packet.ws.11302017 Board of Commissioners
COU N T1( Work Session Agenda
THURSDAY,NOVEMBER 30,2017, 10:30 AM
Q/D•C\_ Basalt Town Hall
(Commissioner Clapper not present)
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other, staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
10:30 AM Staff/Community Presentations
10:30 AM Ruedi Aquatic Nuisance Species Discussion, Mark Fuller(30 minutes)
11:00 AM Schematic Design Presentation and Direction for the Ambulance Facility, Rich Englehart(1
hour)
12:00 PM Lunch Break
1:00 PM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
1:00 PM Quarterly Budget Update and Supplemental Budget Request Review, Connie Baker(45
minutes)
1:45 PM FM License Donation,Tower Lease,Phylis Mattice(30 minutes)
2:15 PM Break
2:30 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
2:30 PM Review of Future Agenda Calendar-Work Session/Regular Meeting(15 minutes)
2:45 PM Discussion Items/Open Discussion
No formal written materials
2:45 PM Building Project Update,Rich Englehart,Chandler Deimund(20 minutes)
3:05 PM Board Open Discussion(15 Minutes)
Amendment to the Garfield County Comprehensive Plan, Ellen Sassano
3:20 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
NOVEMBER 27-29,2017
CCI Winter Conference/Colorado Springs
Commissioner Richards and Child attending
AGENDA and TIMES ARE SUBJECT TO CHANGE
Memorandum
TO: Pitkin County Commissioners
FROM: Mark Fuller
RE: ANS Funding for 2018
Date: November 19, 2017
I spoke to the Healthy Rivers and Streams Board earlier this month about next year's ANS program at
Ruedi and I appreciate the opportunity to brief you as well on this important work.
This year's program cost was$98,000, including the $7,000 that was raised at the last minute to extend
the program to the end of October.This was about$10,000 more than we anticipated at the beginning
of the year due to increased labor costs. Next year we have a commitment from the Ute Water
Conservancy District in Grand Junction for another$10,000 contribution which means that we will need
to raise approximately$88,000 from other sources to maintain a program in 2018 similar to this year's
program. If that entire amount comes from RWAPA member governments, the per-member
contribution will need to be around $12,500.
We continue to lobby for increased or restored funding from the other agencies involved in Ruedi
including contractors for Ruedi water,the USFS,the Bureau of Reclamation, the Colorado Department of
Parks and Wildlife and the US Fish and Wildlife Service. We cannot, at this time, count on any of those
entities to provide funding next year. We have also not reached any consensus on a different formula
for allocating expenses among our members that might re-allocate shares based on ability to pay or
some other criteria. In the absence of a better formula or new funding options, I have recommended to
all RWAPA member entities that they set aside $12,500 for now pending further discussion at the next
RWAPA meeting, scheduled for December 14.
Obviously this is a significant amount and considerably more than we asked for last year. The good
news is that this year's expanded program resulted in a total of 5,486 inspections this year, more than
2,000 more than in 2016. This means that the expanded program has been far more comprehensive
and effective than the previous years'five-day/week programs. We have had minimal problems
although there was some dissatisfaction about open hours (fishermen want us to open earlier in the
day, boaters want us to stay open later in the evening) and the length of the season. Overall we had very
good cooperation and acceptance by the boating public and our inspection contractor, Rocky Mountain
Recreation, ran an efficient and well-managed program. I have attached my detailed year-end program
report for your information.
With the discovery of larval quagga mussels in Green Mountain Reservoir this summer it would be
unwise to reduce the extent or the rigor of our program. I look forward to answering your questions
when we meet on the 30th
MEMORANDUM
TO: RWAPA Board, Other Interested Parties
FROM: Mark Fuller
RE: 2017 ANS Inspection Program Summary
Date: November 7, 2017
This year's ANS inspection program operated at Ruedi Reservoir 7 days per week from May 1
until October 29, a total of 182 days. Hours of operation were 6:30 AM —8:30 PM from May
until September and were cut back to 8 AM —6 PM thereafter. A total of 5,456 boats were
processed over the 182-day operating period, or an average of more than 30 per day. Average
inspections per day were down in comparison to previous years but that is attributable to the
very low usage rates at the beginning and end of the season. Total inspections were 2,085
more than last year, attributable to the 80 additional days of operation and concurrent
extended hours. Since the main boat ramp at the Reservoir was closed when inspectors were
not on site, it is safe to say that 99% of all boats went through the inspection process (making
some allowances for launches from other points along the shoreline). Some other findings:
➢ 112 boats that were deemed threats due to standing water or other factors were treated
with the "Hotsy" steam cleaner. This is only slightly more decontaminations than were
performed in 2016, reflecting a growing awareness among boat owners of the necessary
steps to guard against transport of invasives. 4 boats were given 'full' decontaminations -
those were boats that were from positive waters and contained standing water. Another
104 boats were decontaminated because of other risk factors such as standing water. All
high risk and positive waters boats were decontaminated using the Hotsy.
➢ No velagers (larval mussels) or adult mussels were detected on any boats.
➢ The busiest day of the year was Sunday, July 16, when 159 boats were processed. Last year
the busiest day was Sunday, July 17, with 158 boats.
➢ Total program cost was approximately $97,000 plus some nominal miscellaneous expenses.
This figure does not include administrative time. Funding came from the US Forest Service
($18,000), the Ute Water Conservancy District ($10,000), the Colorado River Water
Conservation District ($1,500), the Roaring Fork Conservancy ($1,000) and RWAPA
members. I want to give special recognition to the Pitkin County Healthy Rivers and Streams
Board which recommended at $4,500 supplemental contribution to put us over the top for
the cost of extending the program through the end of October.
➢ There is some funding in place for next year in that most RWAPA members have made
significant commitments of funds plus we are assured of another$10,000 contribution from
Ute Water. It is unlikely that the Forest Service will be able to contribute but legislation
restoring some State of Colorado assistance looks promising. We have solicited
contributions from other contractors for Ruedi water but have received no positive
response as of yet. I will provide a funding update when RWAPA member budget allocations
are finalized.
➢ In general the program ran smoothly. Staffing took a while to get settled but inspectors
were competent and interacted well with the public.
➢ We made an effort to be more communicative to the public this year and held two public
meetings to discuss the program. More needs to be done to keep users informed about
hours, etc. but the lack of internet service in the Ruedi area presents challenges. Even so,
Ruedi users were generally understanding and cooperative. We will develop a more
detailed public outreach and communications plan in advance of the 2018 program start.
Please let me know if you have questions regarding this year's program.
I have attached the data sheet prepared by Robert Walters, Specialist with the State of
Colorado Invasive Species Program, which gives more detailed data regarding boat processing
and inspection numbers.
AGENDA ITEM SUMMARY
WORK SESSION MEETING DATE: November 30, 2017
AGENDA ITEM TITLE: Schematic Design Presentation and Direction for the
Ambulance Facility.
STAFF RESPONSIBLE: Rich Englehart, Chief Operations Officer
ISSUE STATEMENT: In 2014 the Ambulance District asked the voters to approve a ballot
question increasing the district's mill levy by up to 0.501 mills. This tax increase was anticipated to
raise as much as $549,000 per year.
Commentary at the time was "A Yes vote on 1A will allow Aspen Ambulance, through a full public
process with the Pitkin Board of County Commissioners (BOCC) acting as the Ambulance District
Board, to borrow against the tax revenue stream to replace or remodel its aging facility."
Voters approved this ballot measure by a 62%to 32%margin.
BACKGROUND: Upon voter approval staff began the process of defining the required scope for a
new or remodeled facility; determining if the existing facility could be remodeled or expanded to
meet the needs for the district and determining what options existed for a new building location.
After thorough analysis, it was determined that a new facility located on the Health and Human
Services (HHS) site provided the best solution. The recommendation was based on:
• Pitkin County having a"perpetual easement" on 2.781 acres per 1992 IGA that allows for
health related activities to reside on the property.
• The building site containing enough room to construct a proper sized facility base on the
programming analysis.
• The site's excellent access to the existing road network.
• The site being the preferred option of the Aspen Valley Hospital Board.
• The current and future needs of the HHS building could be coordinated with the project on
this site.
On July 11, 2017 the BOCC gave direction to proceed with a public process to develop a plan for a
new facility on the location just west of the Health and Human Services building.
Upon BOCC approval, staff conducted a thorough public process including public outreach and
citizen engagement. That process included a number of public meetings, open house events, and
multiple online citizen engagement opportunities. Staff then secured the Architect, (Chamberlin
Architects/Studio B) and Contractor(FCI) and invited public comment and engagement on four
different architectural concepts. The intent was to establish transparency with the project and seek
input on concerns and opportunities that the design may be able to address. The list of meetings and
outcomes are as follows:
July 7 Twin Ridge and guests HOA meeting—Input gathered on concerns.
Aug. 14 Aspen Valley Hospital Board Meeting— Sought and received formal project
approval.
Aug. 16 First Public Open House—Input and prioritized concerns.
Sept. 13 HHS Staff and Providers Meeting—Gathered input and discussed
programming.
Oct. 10 BOCC reviewed four conceptual designs to be presented to the public.
Oct. 10 Second Public Open House—Narrowed to a preferred concept.
Oct. 10-16 Pitkincountyconnect voting to select a preferred concept.
Oct. 26 Pitkin County Multi-Departmental Internal project review.
Information was gathered in the meetings that could be incorporated into the schematic design. The
presentation today will include civil drawings, draft landscape design, floor plans, elevations and
color renderings. FCI has conducted pre-construction costing services to determine an estimated cost
for construction. The original design was value engineered in order to meet the budget. This
schematic design is now ready for presentation to the BOCC and upon approval, application to the
City of Aspen will be and one last public meeting will be set to bring back to present the final
design.
LINK TO STRATEGIC PLAN: A sense of personal and community safety.
KEY DISCUSSION ITEMS: Staff will present a schematic design that has taken into account a
number of community and BOCC comments and concerns such as height, noise, lighting, safety,
construction time and the Nordic Trail easement. Yet to be determined,but covered in the contract
with the Architect, is a parking analysis and working with the HHS Director on future programming
needs. Discussion on the latter two are underway and those results will be presented to the BOCC at
a later point.
BOCC will be asked for a couple of decisions regarding exterior window treatments and exterior
material options in order to finalize the overall exterior look.
BUDGETARY IMPACT: The 2017-18 Ambulance District budget for Construction is
$7,312,031. The budget includes construction, soft costs and development, contingency,parking
and HHS programming review. Cost for bond issuance and one-half year debt payment is
budgeted separately and covered with revenues from the bond and annual revenues collected to-
date for the project. The bond proceeds and annual carry forwards produce a project revenue
amount of$7,424,000.
The five-year projections that include debt service payments of$480,000 on the $6,615,000 bond
proceeds reflects a healthy fund balance over that period.
RECOMMENDED BOCC ACTION: Approve the Schematic Design and support the
application submittal under Chapter 26.500 of the City of Aspen's Public Project review process.
ATTACHMENTS: None—there will be a presentation at the meeting.
AGENDA ITEM SUMMARY
WORK SESSION DATE: November 20, 2017
AGENDA ITEM TITLE: 2017 Budget Update
STAFF RESPONSIBLE: Connie Baker
ISSUE STATEMENT: This budget update tracks budget vs. actual performance for
January-September of 2017 for all County funds and estimates year-end fund balance
levels for the General Fund.
BACKGROUND:
The adjusted 2017 County budget includes $158,105,500 in expenditures and
$110,366,067 in revenue for a total use of fund balance of $47,739,433. Use of fund
balance is primarily for capital projects/replacements and one-time projects,many of which
began in 2016 and have been carried over into 2017. These projects include construction
of the Sheriff & Admin facility, employee housing purchases, Airport environmental
assessment and security upgrades, the Basalt whitewater park, Translator/Broadband
mountaintop infrastructure,and Public Safety radio upgrades,as well as other departmental
projects and replacement schedule items of lesser financial impact.
Following is a discussion of the major revenue areas, expenditure categories, and the
resulting change in fund balance.
Revenues
Property Tax—County property tax is a very stable source of revenue with collection rates
of approximately 99.9%. We typically receive almost 100% of property tax payments by
the end of September. 2017 is a revaluation year with property values re-set to June 2016
market levels. The increase in market values brought a busy summer of Board of
Equalization hearings,but the effect of tax abatements granted through the hearings won't
be felt until 2018.
Sales Tax—After two months of declining sales tax in July and August, September jumped
back with a 20% increase over prior year. Year-to-date through September sales tax is
3.3% greater than prior year and 1.4% above budget. Staff is maintaining the cautious
2017 forecast of 2.4% over prior year. We typically receive 78% of the year's sales tax in
the first three quarters. October and November each account for 4%of the yearly sales tax,
and December accounts for almost 14%. December results will not be known until mid-
February.
Community Development Fees — Building Inspection fees were sluggish during the first
quarter but have picked up significantly. Staff projects a year-end result of$385,000, or
11%, greater than budget.
1
General Fund Miscellaneous Revenues—
Revenue shortfalls are projected in a number of General Fund departments:
❖ Attorney - $33,000 less reimbursement from Human Services legal services
❖ Manager - $20,000 Best & Brightest Intern grant — no intern was selected in
2017
❖ Finance & Budget - $20,000 - postage reimbursements from other County
departments
❖ BITS - $30,000 - elimination of GIS shortware sharing with City of Aspen and
less provision of services to other entities
❖ Senior Services - $6,000 for a grant not received this year
❖ Engineering-$35,000 due to less time spent on the Basalt pedestrian underpass,
so less reimbursement than budgeted
These shortfalls are more than compensated by un-budgeted revenue in two areas:
❖ Contributions to the 800MHz radio conversion by public safety entities were
received in 2016, but we were required to book a portion of these revenues in
2017,proportionate to the expenditures for the project. 2016 showed a revenue
shortfall,while 2017 shows excess revenue of$745,131.
❖ $350,000 received from the Wexner/Two Shoes land exchange.
Surplus revenue is also projected:
❖ $75,000 in Treasurer's fees
❖ $40,000 in Jail work release fees
❖ $32,947 increase over prior year for Payment in Lieu of Taxes (PILT)
Two grants are anticipated to be received in 2018 rather than 2017:
❖ $325,580 in CMAQ grants for commuter vans will not be received in 2017 and
will carry forward to 2018.
❖ $254,134 in grant revenue for Phase II of the Coke Ovens project will also be
carried forward to 2018.
Airport Revenues—Airline landing fees were not being generated correctly. This has been
remedied and revenues will catch up with landing fee budget by year-end. Airport
concessions were closed for approximately two months during the changeover period with
the new vendor, and revenue will fall short of budget.
The attached revenue table shows January-September revenue results for each department
and fund, as well as the total County result. General Fund revenues received are at 91% of
budget, and total County revenues are at 82% of budget.
Expenditures
Tables attached to this memo show expenditure budget vs. actual results for the categories
of personnel and operations. An additional table shows non-recurring expenditure budget
vs. actual results for grants, capital, projects, and replacement schedules.
Personnel — The table includes personnel costs through the October 14th pay period and
represents 79% of the pay periods in 2017. General Fund personnel costs were at 77% of
budget for this time period, and total County personnel costs were at 76%. Approximately
2
$250,000 savings is projected in the General Fund. This same amount was budgeted to
cover market adjustments from the Classification and Compensation study completed and
implemented in the first quarter of 2017. Vacancy savings made it unnecessary to spend
down the Class & Comp budget. $375,000 in savings is projected in other funds, with the
majority coming from the Airport.
Operations — Through September, General Fund operations were at 77% of budget.
$350,000 in savings is projected,but we budgeted to have$439,517 in savings. This leaves
a net over expenditure of $89,517. If 4th quarter budget supplemental requests are
approved,the overage will be eliminated and there will be$40,483 in net savings vs budget.
Total County operations are at 65% of budget.
Other Expenditures — Grants, capital, projects, and replacement schedule items do not
follow a steady pattern throughout the year, and some may span more than one fiscal year.
General Fund expenditures are at 35% of budget and total County expenditures at 29%.
General Fund Balances
Please refer to the attached chart. For budgetary purposes,the County's General Fund fund
balance is divided into five pots. The Operating Reserve & Contingency and the
TABOR Reserve have a combined balance of$5.2 million. These balances are calculated
on a percentage basis (expenditures and revenues respectively), so the required balances
increase as the budget grows. Restricted balances total$1.4 million and include Smuggler
Superfund,Tipsy Taxi,park dedication fees,Clerk's motor vehicle late fees,and the animal
shelter.
The General Fund Undesignated Operating Reserve began the year at $4.7 million and
was budgeted to decrease by $232,336 in order to fund the startup of a County Public
Health department. Budget supplemental requests further reduce the balance by$893,181.
Surplus revenue and expenditure savings are estimated at $1.4 million and will bring the
Operating Reserve to a year-end total of just over$5 million.
The Capital Fund balance of$5.5 million was budgeted to decrease by $2 million as the
County continues to invest in its roads and facilities. Budget supplemental requests year
to date reduce the balance by an additional $37,000. Capital project savings, less delayed
grant revenues, total $622,700 and will bring the year-end Capital fund balance to over$4
million.
LINK TO STRATEGIC PLAN: Prosperous Economy
A key success factor to the Strategic Core Focus Area of Prosperous Economy is the
responsible and accountable stewardship of county assets, creating balanced five-year
operating budgets and ten-year capital plans that ensure long-term sustainability of services
and infrastructure.
3
KEY DISCUSSION ITEMS:
• January-September 2017 Revenue and Expenditure Status
• Fund Balance Estimates
BUDGETARY IMPACT: In the County General Fund additional revenue, operational
savings and capital project savings offset the year's supplemental requests. The end result
is a total projected fund balance of$15.66 million, which is $1,083,002 better than the
original budget.
RECOMMENDED BOCC ACTION: Information only
ATTACHMENTS:
• January-September 2017 Revenues vs. Budget
• January-September 2017 Personnel Expenditures vs. Budget
• January-September 2017 Operations Expenditures vs. Budget
• January-September 2017 Grants, Capital, Projects &Replacements Expenditures vs.
Budget
• 2017 General Fund and Capital Fund Balances
4
REVENUE 2017 2017 Jan - Sept Percent Remaining
BUDGET VS. ACTUAL Original Budget Adj. Budget Actuals of Budget Budget
(75%of Year)
General Fund
Property Tax General 6,906,540 6,906,540 6,864,034 99% 42,506
Sales Tax (GF &Capital) General 4,090,162 4,064,059 3,266,115 80% 797,944
Payment in Lieu of Taxes General 1,462,002 1,462,002 1,494,949 102% (32,947)
S.O. Motor Vehicle Tax General 234,822 234,822 195,147 83% 39,675
Interest Income General 201,390 201,390 154,300 77% 47,090
Other General Revenues General 224,190 224,190 117,805 53% 106,385
Admin/Manager Admin 49,000 49,000 24,014 49% 24,986
Attorney Admin 33,000 33,000 483 1% 32,517
BOCC Admin - - 2,046 (2,046)
Facilities Management Admin 243,363 243,363 141,945 58% 101,418
Finance/Budget/Procurement Admin 20,000 20,000 705 4% 19,295
Joint City/County Housing Admin - - - -
Human Resources Admin - - 1,634 (1,634)
Information Technology Admin 32,500 32,500 8,909 27% 23,591
Treasurer Admin 2,959,335 2,959,335 3,008,262 102% (48,927)
Assessor Elected 14,500 14,500 26,294 181% (11,794)
Clerk& Recorder Elected 756,250 756,250 535,270 71% 220,980
Elections Elected 16,000 16,000 - 0% 16,000
Building/Inspection Corn Dev 3,013,595 3,013,595 3,087,211 102% (73,616)
Environmental Health Corn Dev 115,575 115,575 99,449 86% 16,127
Planning &Zoning Corn Dev 338,240 338,240 257,280 76% 80,960
Smuggler Superfund Com Dev 15,000 15,000 6,923 46% 8,077
Human Services Admin HHS 289,535 289,535 285,516 99% 4,019
Senior Services HHS 225,448 225,448 114,485 51% 110,963
Coroner Public Safety - - 203 (203)
Detention Public Safety 63,501 63,501 103,629 163% (40,128)
Dispatch Public Safety 1,476,693 1,476,693 859,340 58°A) 617,353
District Attorney Public Safety - - - -
Radios - GF Public Safety - - 745,131 (745,131)
Sheriff Public Safety 176,478 228,978 163,886 72% 65,092
Land Management Public Works - - 14,025 (14,025)
Open Space- GF Public Works - 254,134 390,106 154% (135,972)
Public Works Admin Public Works 76,500 102,273 2,255 2% 100,018
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REVENUE 2017 2017 Jan - Sept Percent Remaining
BUDGET VS. ACTUAL Original Budget Adj. Budget Actuals of Budget Budget
(75%of Year)
Sales Tax Capital 3,903,658 3,903,658 3,124,110 80% 779,548
Dispatch Contributions Capital 77,683 77,683 19,971 26% 57,712
Road Impact Fees Capital 100,000 100,000 117,699 118% (17,699)
Vehicle Grants Capital 115,200 280,780 - 0% 280,780
Vehicle Sales Capital 163,840 163,840 42,601 26% 121,239
Interest Income Capital - - 148,000 (148,000)
Other Revenues Capital - - 1,717 (1,717)
Total General Fund Revenue 27,394,000 27,865,884 25,425,449 91% 2,440,435
Cost Center Funds
Fleet 174,524 174,524 68,939 40% 105,585
Health Insurance 6,771,908 6,771,908 4,214,789 62% 2,557,119
Radios 28,683 628,683 1,067 0% 627,616
Risk 12,700 12,700 141,312 1113% (128,612)
Special Revenue Funds
Ambulance 1,186,300 1,226,300 1,257,651 103% (31,351)
Employee Housing Fund 913,361 913,361 550,876 60% 362,485
Healthy Community Fund 2,307,833 2,307,833 2,277,499 99% 30,334
Healthy Rivers and Streams 1,047,600 1,047,600 826,236 79% 221,364
Human Services 2,039,053 2,078,615 1,675,399 81% 403,216
Library 4,266,241 4,266,241 4,050,186 95% 216,055
Open Space and Trails 12,169,182 12,279,182 11,406,220 93% 872,962
Public Health 75,500 87,363 64,751 74°A) 22,612
Road & Bridge 2,728,197 2,754,300 2,154,382 78% 599,918
Transit Sales & Use Tax 16,070,112 16,080,112 13,486,892 84% 2,593,220
Translator 1,054,963 1,791,763 843,337 47% 948,426
Enterprise Funds
Airport 12,754,802 13,772,852 7,109,545 52% 6,663,307
Solid Waste Center 5,134,150 5,134,150 5,580,160 109% (446,010)
Total County Revenue 96,129,109 99,193,371 81,134,692 82% 18,058,679
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PERSONNEL EXPENDITURES 2017 2017 Jan -Oct. 14th Percent Remaining
BUDGET VS. ACTUAL Original Budget Adj. Budget Actuals of Budget Budget
(79% of Year)
General Fund
Admin/Manager Admin 1,138,079 1,138,079 878,672 77% 259,407
Attorney Admin 559,261 559,261 444,668 80% 114,593
BOCC Admin 515,525 515,525 418,509 81% 97,016
Facilities Management Admin 953,057 953,057 702,664 74% 250,393
Finance/Budget/Procurement Admin 1,034,860 1,074,680 844,636 79% 230,044
Joint City/County Housing Admin - - - -
Human Resources Admin 437,289 437,289 360,317 82% 76,972
Information Technology Admin 1,109,289 1,109,289 836,498 75% 272,791
Treasurer Admin 330,581 330,581 286,046 87% 44,535
Assessor Elected 1,029,257 1,029,257 825,259 80% 203,998
Clerk& Recorder Elected 990,981 997,307 760,594 76% 236,713
Elections Elected 55,131 55,131 1 0% 55,130
Building/Inspection Corn Dev 878,891 878,891 669,024 76% 209,867
Environmental Health Corn Dev 218,914 218,914 175,731 80% 43,183
Planning &Zoning Corn Dev 1,059,504 1,059,504 846,364 80% 213,140
Smuggler Superfund Corn Dev 12,750 12,750 9,017 71% 3,733
Human Services Admin HHS 317,238 317,238 254,376 80% 62,862
Senior Services HHS 449,370 449,370 367,122 82% 82,248
Coroner Public Safety 85,411 85,411 85,362 100% 49
Detention Public Safety 1,563,153 1,563,153 1,262,635 81% 300,518
Dispatch Public Safety 1,563,535 1,563,535 1,175,040 75% 388,495
District Attorney Public Safety 2,757 2,757 2,400 87% 357
Radios - GF Public Safety 32,091 32,091 27,786 87% 4,305
Sheriff Public Safety 3,256,983 3,256,983 2,451,275 75% 805,708
Land Management Public Works - - - -
Open Space- GF Public Works - - - -
Public Works Admin Public Works 542,763 542,763 454,161 84% 88,602
GF Classification & Compensation Adjustments 250,000 250,000 - 0% 250,000
Total General Fund Personnel 18,386,670 18,432,816 14,138,157 77% 4,294,659
PERSONNEL EXPENDITURES 2017 2017 Jan -Oct. 14th Percent Remaining
BUDGET VS. ACTUAL Original Budget Adj. Budget Actuals of Budget Budget
(79% of Year)
Cost Center Funds
Fleet 757,583 757,583 623,631 82% 133,952
Health Insurance 91,300 91,300 75,556 83% 15,744
Radios 144,611 144,611 119,571 83% 25,040
Risk 114,485 114,485 88,039 77% 26,446
Special Revenue Funds
Ambulance 2,654 2,654 2,166 82% 488
Employee Housing Fund - - - -
Healthy Community Fund 64,835 64,835 53,052 82% 11,783
Healthy Rivers and Streams 122,877 122,877 101,063 82% 21,814
Human Services 1,112,602 1,138,975 865,299 76% 273,676
Library 2,048,315 2,048,315 1,625,793 79% 422,522
Open Space and Trails 1,600,993 1,600,993 1,184,409 74% 416,584
Public Health 355,506 364,297 185,472 51% 178,825
Road & Bridge 955,233 955,233 706,631 74% 248,602
Transit Sales & Use Tax - - - -
Translator 283,847 283,847 190,701 67% 93,146
Enterprise Funds
Airport 3,914,325 3,914,325 2,767,472 71% 1,146,853
Solid Waste Center 1,321,900 1,321,900 986,032 75% 335,868
Total County Personnel 31,277,736 31,359,046 23,713,043 76% 7,646,003
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OPERATIONS EXPENDITURES 2017 2017 Jan - Sept Percent Remaining
BUDGET VS. ACTUAL Original Budget Adj. Budget Actuals of Budget Budget
(75% of Year)
General Fund
Admin/Manager Admin 168,576 168,576 108,742 65% 59,834
Attorney Admin 48,772 48,772 50,985 105% (2,213)
BOCC Admin 166,398 166,998 148,830 89% 18,168
Facilities Management Admin 653,950 653,950 386,072 59% 267,878
Finance/Budget/Procurement Admin 167,002 167,002 94,025 56% 72,977
Joint City/County Housing Admin 259,200 259,200 259,316 100% (116)
Human Resources Admin 347,168 347,168 215,169 62% 131,999
Information Technology Admin 817,731 817,731 701,562 86% 116,169
Treasurer Admin 59,299 59,299 40,545 68% 18,754
Assessor Elected 89,950 89,950 25,479 28% 64,471
Clerk& Recorder Elected 89,196 145,621 72,066 49% 73,555
Elections Elected 136,609 136,609 37,160 27% 99,449
Building/Inspection Corn Dev 129,084 129,084 37,555 29% 91,529
Environmental Health Corn Dev 57,820 57,820 20,416 35% 37,404
Planning &Zoning Corn Dev 57,160 57,160 20,837 36% 36,323
Smuggler Superfund Corn Dev 2,250 2,250 348 15% 1,902
Human Services Admin HHS 418,765 418,765 343,433 82% 75,332
Senior Services HHS 104,250 125,222 55,334 44% 69,888
Coroner Public Safety 57,400 57,400 19,270 34% 38,130
Detention Public Safety 412,012 412,012 331,139 80% 80,873
Dispatch Public Safety 318,832 318,832 273,086 86% 45,746
District Attorney Public Safety 647,179 647,179 485,570 75% 161,609
Radios - GF Public Safety -
Sheriff Public Safety 386,402 394,522 350,007 89% 44,515
Land Management Public Works 62,330 62,330 33,376 54% 28,954
Open Space - GF Public Works 1,000 1,000 268 27% 732
Public Works Admin Public Works 41,824 41,824 25,013 60% 16,811
Budgeted Savings (439,517) (439,517) - 0% (439,517)
Total General Fund Operations 5,260,642 5,346,759 4,135,603 77% 1,211,156
9
OPERATIONS EXPENDITURES 2017 2017 Jan - Sept Percent Remaining
BUDGET VS. ACTUAL Original Budget Adj. Budget Actuals of Budget Budget
(75% of Year)
Cost Center Funds
Fleet 1,130,219 1,130,219 796,784 70% 333,435
Health Insurance 2,022,949 2,022,949 1,315,946 65% 707,003
Radios 154,318 154,318 127,973 83% 26,345
Risk 602,390 602,390 504,994 84% 97,396
Special Revenue Funds
Ambulance 418,584 418,584 332,858 80% 85,726
Employee Housing Fund 44,700 44,700 54,549 122% (9,849)
Healthy Community Fund 127,542 127,542 113,471 89% 14,071
Healthy Rivers and Streams 407,000 407,000 131,834 32% 275,166
Human Services 241,560 272,570 165,641 61% 106,929
Library 1,132,416 1,132,416 613,941 54% 518,475
Open Space and Trails 1,628,532 1,645,165 419,067 25% 1,226,098
Public Health 27,800 28,810 37,945 132% (9,135)
Road & Bridge 499,411 499,411 400,665 80% 98,746
Transit Sales & Use Tax 14,592,045 14,592,045 9,461,521 65% 5,130,524
Translator 262,368 262,368 175,989 67% 86,379
Enterprise Funds
Airport 2,985,068 3,095,868 1,883,986 61% 1,211,882
Solid Waste Center 1,680,700 1,680,700 1,220,501 73% 460,199
Total County Operations 33,218,244 33,463,814 21,893,269 65% 11,570,545
10
GRANTS, CAPITAL, PROJECTS, 2017 2017 Jan - Sept Percent Remaining
& REPLACEMENT SCHEDULES Original Budget Adj. Budget Actuals of Budget Budget
BUDGET VS. ACTUAL
General Fund
Admin/Manager Admin 77,505 165,579 53,697 32% 111,882
Attorney Admin 50,000 61,147 76,230 125% (15,083)
BOCC Admin - - - -
Facilities Management Admin 25,400 39,400 7,198 18% 32,202
Finance/Budget/Procurement Admin - - - -
Joint City/County Housing Admin - - - -
Human Resources Admin - 337,495 68,500 20% 268,995
Information Technology Admin - 40,715 - 0% 40,715
Treasurer Admin - - - -
Assessor Elected - - - -
Clerk& Recorder Elected 3,300 126,825 73,647 58% 53,178
Elections Elected 1,400 66,882 - 0% 66,882
Building/Inspection Corn Dev - - - -
Environmental Health Corn Dev - 54,150 - 0% 54,150
Planning &Zoning Corn Dev 50,000 417,109 - 0% 417,109
Smuggler Superfund Corn Dev - - - -
Human Services Admin HHS 1,550 1,550 4,077 263% (2,527)
Senior Services HHS 103,085 116,020 64,408 56% 51,612
Coroner Public Safety 10,000 10,000 7,880 79% 2,120
Detention Public Safety 55,200 94,295 73,361 78% 20,934
Dispatch Public Safety 32,650 46,650 24,426 52% 22,224
District Attorney Public Safety - - - -
Radios - GF Public Safety 139,000 1,546,705 478,845 31% 1,067,860
Sheriff Public Safety 116,150 276,327 145,967 53% 130,360
Land Management Public Works - 35,000 - 0% 35,000
Open Space- GF Public Works - 317,668 - 0% 317,668
Public Works Admin Public Works - 51,273 2,615 5% 48,658
11
GRANTS, CAPITAL, PROJECTS, 2017 2017 Jan - Sept Percent Remaining
& REPLACEMENT SCHEDULES Original Budget Adj. Budget Actuals of Budget Budget
BUDGET VS. ACTUAL
Information Technology Capital 657,286 1,092,493 169,715 16% 922,778
Dispatch Capital 18,000 39,516 14,821 38% 24,695
Fleet Vehicles Capital 1,035,200 1,155,780 737,057 64% 418,723
Road Capital Capital 2,280,000 2,755,599 1,315,161 48% 1,440,438
Facilities Management Capital 1,850,850 23,301,606 7,053,482 30% 16,248,124
Debt Service Capital 1,246,850 1,246,850 1,242,407 100% 4,443
Budgeted Savings Capital (174,475) (174,475) - 0% (174,475)
Total General Fund 7,578,951 33,222,159 11,613,494 35% 21,608,665
Cost Center Funds
Fleet 39,500 41,000 37,081 90% 3,919
Health Insurance Claims 4,657,659 4,657,659 3,237,896 70% 1,419,763
Radios 47,500 647,500 501,565 77% 145,935
Risk Claims 504,250 504,250 188,975 37% 315,275
Special Revenue Funds
Ambulance 6,642,000 7,222,274 270,713 4% 6,951,561
Employee Housing Fund 10,755,300 10,755,300 50,000 0% 10,705,300
Healthy Community Fund 1,539,356 1,607,856 1,572,356 98% 35,500
Healthy Rivers and Streams 948,060 2,029,197 655,553 32% 1,373,644
Human Svcs - Direct Benefits 1,028,443 1,216,434 761,681 63% 454,753
Library 515,595 544,712 220,595 40% 324,117
Open Space and Trails 6,726,073 7,011,073 2,099,041 30% 4,912,032
Public Health - 24,509 - 0% 24,509
Road & Bridge 9,500 15,000 - 0% 15,000
Transit Sales & Use Tax 435,000 1,166,042 446,044 38% 719,998
Translator 613,700 2,175,594 132,670 6% 2,042,924
Enterprise Funds
Airport 5,050,974 12,277,278 2,966,106 24% 9,311,172
Solid Waste Center 488,700 939,832 615,345 65% 324,487
Total County 47,580,561 86,057,669 25,369,116 29% 60,688,553
12
FUND BALANCES
2017 Beginning 2017 Approved 1st,2nd,3rd Q 4th Q Proposed Revenue Expenditure Projected Net Change vs.
Fund Balance Budget Supplementals Supplementals Projection Projection 2017 Year-End Approved Budget
General Fund (net of carryforward's) Addition/(Use of) Increase/(Decrease) Savings/(Overages) Fund Balance
TABOR Reserve 860,441 - - - - - 860,441 -
Operating Reserve&Contingency 4,346,734 - - - - - 4,346,734
Restricted Fund Balances 1,416,128 (24,533) - - - 1,391,595 -
Undesignated Operating Reserve 4,740,876 (232,336) (763,181) (130,000) 1,100,000 290,483 5,005,842 497,302
Capital Fund 5,475,585 (2,003,330) (37,000) - (227,300) 850,000 4,057,955 585,700
16,839,764 (2,260,199) (800,181) (130,000) 872,700 1,140,483 15,662,567 1,083,002
20,000,000 - - - -
16,000,000 - -
12,000,000 ■Capital Fund
■ Undesignated Operating Reserve
5,005, Restricted Fund Balances
8,000,000 ■Operating Reserve&Contingency
■TABOR Reserve
1,416,128 1,391,595 1,391,595
4,000,000 - —
4,346,734
IlL
860,441 860,441 860,441 Ii
1/1/17 Beginning Balance Impact of Original Budget Projected 12/31/17
supplementals operations capital restricted
Q1 Empl.Housing Assistance Program II 300,000
Q1 FEMA Grant -
Q1 Remove Public Health from GF 162,682
Q2 Human Services Data Closet 15,000
Q2 ComDev Scanning 205,679
Q2 Engineering Intern -
Q2 Finance Position 39,820
Q2 HS&PH Finance Specialist
Q2 Buttermilk Parking Mgmt Plan 20,000
Q3 R&B Lighting 22,000
Q3 Ute Rockfall Mitigation 35,000
Q4 Thompson Divide Legal 65,000
Q4 Board of Equalization 15,000
Q4 Inmate Medical Costs 50,000 13
893,181 37,000 -
4th QUARTER 2017
BUDGET SUPPLEMENTAL REQUESTS
Budget Supplemental Request
For increases above budgeted revenues or expenditures; new or increased programs, services, or personnel;
transfers over$50,000; or transfers across funds.
Project/Service Name: Thompson Divide Cancelation of Gas Work Session Date: November 30, 2017
Leases
Department: Attorney Budget Year: 2017
Request Type: Adjustment to Operations Adjustment Type: One-Time Adjustment
Fund: General Fund
Staff Responsible: John Ely Prepared By: Lisa MacDonald
Reviewed by Finance Staff-Name: Connie Baker Date: 11/13/17
1) PROJECT DESCRIPTION AND FISCAL IMPACT:
Estimated total expenditures for work completed in 2017 related to preservation efforts in the Thompson Divide area related to
potential gas exploration and extraction activities.
There was uncertainty as to the amount of workload this issue would require. Not wanting to over-budget and tie up fund
balance, staff held off on requesting additional appropriations until year-end.
2) STRATEGIC PLAN GOAL(S)ADVANCED:
Preservation efforts in the Thompson Divide area promotes the County's strategic goals of Flourishing Natural & Built
Environment by conserving natural resources and the environment.
3) REQUESTED EXPENDITURE APPROPRIATIONS: Full Cost of Project
Expenditure
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
Attorney's Outside Counsel 001.14.95045.82000 $50,000 $65,000 $115,000
Total New Appropriations $65,000
4) FUNDING
NEW REVENUE APPROPRIATIONS:
Revenue
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
Total New Revenue
USE OF FUND BALANCE: _ $65,000
Total Funding
5) NET CHANGE TO FUND BALANCE
Unassigned Fund Balance projected at 12/31/2017 $4,894,039
Use of Fund Balance -$65,000
Unassigned Fund Balance after Supplemental Request $4,829,039
2
6) ALTERNATIVE ANALYSIS
BOCC Approval:
Date County Manager Signature
For Finance Dept Use:
TRANSACTION# NAME DATE ENTERED
3
Budget Supplemental Request
For increases above budgeted revenues or expenditures; new or increased programs, services, or personnel;
transfers over$50,000; or transfers across funds.
Project/Service Name: Board of Equalization Work Session Date: November 30, 2017
Department: BOCC Budget Year: 2017
Request Type: Adjustment to Operations I Adjustment Type: One-Time Adjustment
Fund: General Fund
Staff Responsible: Jeanette Jones I Prepared By: Jeanette Jones
Budget Staff Review- Name: Connie Baker Date: 11/11/17
1) PROJECT DESCRIPTION AND FISCAL IMPACT:
The Board of Equalization sits on behalf of the BOCC to hear appeals of the Assessor's valuation of personal and real property,
inclusive of appeals to Hearing Officers and Certified Arbitrators appointed by the BOCC. This was a re-evaluation year and the
appeal numbers came in more than predicted/budgeted for in 2017. Therefore, in order to accommodate the taxpayers, we had
to spend more for the hearing officers and temporary staff than budgeted for.
2) STRATEGIC PLAN GOAL(S)ADVANCED:
Livable and supportive community/improved community engagement and participation
3) REQUESTED EXPENDITURE APPROPRIATIONS: Full Cost of Project
Expenditure
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
BOE Hearing Officers 001.13.00512.81835 $32,700 $15,000 $47,700
BOE Intern 001.13.00512.81830 $6,800 $0 $6,800
BOE Purchased Services 001.13.00512.82000 $500 $0 $500
Total New Appropriations $40,000 $15,000 $55,000
4) FUNDING
NEW REVENUE APPROPRIATIONS:
Revenue
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
Total New Revenue
USE OF FUND BALANCE: $15,000
Total Funding
5) NET CHANGE TO FUND BALANCE
Total Fund Balance projected at 12/31/2017 $4,894,039
Addition to Fund Balance/(Use of Fund Balance) -$15,000
Fund Balance after Supplemental Request $4,879,039
6) ALTERNATIVE ANALYSIS
4
BOCC Approval:
Date County Manager Signature
For Budget Department Use:
TRANSACTION# DATE ENTERED
5
Budget Supplemental Request
For increases above budgeted revenues or expenditures; new or increased programs, services, or personnel;
transfers over$50,000; or transfers across funds.
Project/Service Name: Workforce Wellbeing and Trauma Training Work Session Date: November 30, 2017
Department: Adult and Family Services Budget Year: 2017
Request Type: Adjustment to Operations Adjustment Type: One-Time Adjustment
Fund: Human Services
Staff Responsible: Nan Sundeen Prepared By: Nan Sundeen and Kelly Pazar
Budget Staff Review-Name: Connie Baker Date: 11/11/17
1) PROJECT DESCRIPTION AND FISCAL IMPACT:
Adult and Family Services(AFS)has been successful applying for and being awarded grants to support the Workforce Wellbeing
and Trauma, Grief and Loss practice transformation projects. This supplemental is simply a request to allow AFS to spend these
resources for the intended purposes. The funding for these two projects will help with staff retention as well as enhancing AFS
work with vulnerable children,families and adults.
Kim DuBois applied for and received$10,000 for Casey Family Foundation funding to continue our work on Workforce Wellbeing
and leadership development.This money will allow AFS to continue utilizing the current contractor"Alia",who has worked to help
AFS tighten up roles and responsibilities, enhance communication, develop leadership capacity and skills and address
caseworker needs as they serve families and children in need. The focus of this work is to have a"well"system of care in order
to support and encourage"well"families and children.
In October, Matt McGaugh applied for and was awarded $14,250 from the Collaborative Management Project to facilitate a
community focus on building a Trauma, Grief and Loss perspective as we approach families. In particular AFS will utilize the
special skills of Alia to facilitate case reviews with partners who are serving "at-risk youth". These are perhaps the most difficult
cases we struggle to serve well between the schools, other non-profits, law enforcement, courts and families. The facilitator will
help us collectively identify better ways to assess what might be going on for children and families and ultimately to provide
cohesive wrap around services to help keep these children in our community. Monthly case reviews from December through May
will be conducted with community partners to help us strengthen a community response to these difficult cases.
This is a net zero budget request, adding appropriations in the amount of the new grant revenues received.
2) STRATEGIC PLAN GOAL(S)ADVANCED:
Livable and Supportive Community—A sense of personal safety
3) REQUESTED EXPENDITURE APPROPRIATIONS: Full Cost of Project
Expenditure
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
Casey Family Workforce Wellbeing 112.43.94620.82002 $0 $10,000 $10,000
CMP Trauma, Grief, Loss Project 112.43.94627.82002 $0 $14,250 $14,250
Total New Appropriations $24,250
4) FUNDING
NEW REVENUE APPROPRIATIONS:
Revenue
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
Casey Family Grant 112.43.94620.69600 $0 $10,000 $10,000
CMP Incentives 11243.94627.62300 $30,000 $14,250 $44,250
Total New Revenue $24,250
6
USE OF FUND BALANCE: $0
Total Funding
5) NET CHANGE TO FUND BALANCE
Total Fund Balance projected at 12/31/2017 $152,025
Addition to Fund Balance/(Use of Fund Balance) $0
Fund Balance after Supplemental Request $152,025
6) ALTERNATIVE ANALYSIS
The only alternative is to not spend these dollars for the intended purposes. These are one time grants and we will work to
continue to seek more funding to advance our work next year as this is beyond the scope and capacity of our annual budgets.
BOCC Approval:
Date County Manager Signature
For Budget Department Use:
TRANSACTION# DATE ENTERED
Budget Supplemental Request
For increases above budgeted revenues or expenditures; new or increased programs, services, or personnel;
transfers over$50,000; or transfers across funds.
Project/Service Name: Inmate Medical Expenses Work Session Date: November 30, 2017
Department: _ Detention Budget Year: 2017
Request Type: Adjustment to Operations Adjustment Type: Change to Annual Budget
Fund: General Fund
Staff Responsible: Don Bird _ Prepared By: Don Bird
Budget Staff Review- Name: Connie Baker Date: 11/11/17
1) PROJECT DESCRIPTION AND FISCAL IMPACT:
Having older inmates spending longer periods of time incarcerated equals increased medical costs. While the jail makes every
effort to limit its financial liability for doctors and hospital visits (AVH only charges us the Medicaid rate) it only takes a small
number of needy inmates to incur medical costs. The longer an older (50 years +) inmate is incarcerated, the more medical
problems may need attention. Our 2017 census included 3 inmates who were over 50 years old, 3 of whom had been
incarcerated for over two years. While the jail has a policy of not treating preexisting conditions, at some point,over the long run,
this can approach negligence. Additionally, it is rare that we have an inmate who has their own insurance. As an example, one
inmate who spent nearly 8 months incarcerated here, had a physician's bill of$2825 over a 3 month period. In past years, it was
rare to have an arrestee who was on medication. Today, many arrestees are on multiple medications. These medications
become the jail's responsibility if the person does not bond out. At one point this year, 7 out of 9 of our inmates were on
psychotropic medication.
The Jail contracts out for inmate nursing services, but has seen high turnover in nurses. The rigors of detention health, all-hours
phone calls and increased use of technology, coupled personal difficulties of living in the valley, have made long-term retention
difficult. The turnover, added to increasing inmate needs, has resulted in cost overruns. Currently, the jail has contracted with a
medical services head hunter out of Colorado Springs to help us find another nurse. This supplemental will ensure that our
medical program can meet its expenses for the year.
2) STRATEGIC PLAN GOAL(S)ADVANCED:
Livable and Supportable Community
3) REQUESTED EXPENDITURE APPROPRIATIONS: Full Cost of Project
Expenditure
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
Inmate Health/Nursing Services 001.33.00323.82024 $15,425 $30,000 $45,425
Inmate Health/Hospital Services 001.33.00323.82027 $10,000 $20,000 $30,000
I Total New Appropriations $50,000
4) FUNDING
NEW REVENUE APPROPRIATIONS:
Revenue
Original Budget Total Adjusted
Line Item Description Account Coding Amount Increase/ Budget
(Decrease)
Total New Revenue
USE OF FUND BALANCE: $50,000
Total Funding
8
5) NET CHANGE TO FUND BALANCE
Total Fund Balance projected at 12/31/2017 $4,894,039
Addition to Fund Balance/(Use of Fund Balance) -$50,000
Fund Balance after Supplemental Request $4,844,039
6) ALTERNATIVE ANALYSIS
The jail does not have sufficient operational savings to cover these increased costs from other budget lines.
BOCC Approval:
Date County Manager Signature
For Budget Department Use:
TRANSACTION# DATE ENTERED
9
AGENDA ITEM SUMMARY
WORK SESSION MEETING DATE: November 30, 2017
AGENDA ITEM TITLE: FM License Donation and Tower Lease
STAFF RESPONSIBLE: Phylis Mattice
ISSUE STATEMENT: In 2003, the FCC granted Cimarron Communications permits to construct two
FM translator stations to be located at Jack Rabbit Ridge off Owl Creek Road. Cimarron wishes to donate
the license for one of the FM translator stations (K251BU)to Pitkin County and to lease space for the
other FM translator station(K260BZ).
BACKGROUND: Cimarron Communications submitted applications to the FCC in 2003 for two FM
translator stations. When the FCC completed the process in 2013, they were awarded construction permits
for FM translator stations K251BU and K260BZ to be built at Jack Rabbit. Construction was completed in
November 2016. This is the same process that Pitkin County followed in applying to the FCC for
additional licenses when we were awarded three construction permits for FM translator licenses, one each
for Sunlight, Crown and Upper Red that were completed in 2015 and 2016. Currently, the FCC is not
awarding additional licenses in our area and the license donation will allow the Translator system to
augment the current radio choices. Pitkin County will utilize the established procedure for recommending
a station to broadcast on the donated license to the BOCC though the Translator Advisory Board(TAB).
The TAB is aware of this potential transaction and plans on completing its review process over the winter
season so a station can be added at Jack Rabbit in the late Spring/Summer. Cimarron is planning to
broadcast KRVG-FM, an adult format station, on K251BU.
Cimarron approached Pitkin County asking to lease space for K260BZ in consideration for donating the
license for K251BU to Pitkin County. Pitkin County has employed a special FCC attorney over the years
and we utilized that firm to review and structure this transaction with John Ely's participation. Jeff
Krueger, Communication Site Manager, has determined there is adequate space available for both antenna
on the tower and related equipment in the shelter to add two FM frequencies. He developed Equipment
Policies, Exhibit B-2 to the Lease, to ensure the County's standards are met for the equipment to be
installed through the lease.
LINK TO STRATEGIC PLAN: Prosperous Economy—Responsible and accountable stewardship of
County assets.
KEY DISCUSSION ITEMS:
• The term of the lease to Cimarron is 25 years, a typical term for tower space with a renewal clause
for 25 years.
BUDGETARY IMPACT: none
RECOMMENDED BOCC ACTION: This item will be brought forward as an ordinance, scheduled
for first reading December 6, 2017.
ATTACHMENTS:
• Tower Space Lease Agreement
• Donation Agreement
TOWER SPACE LEASE AGREEMENT
Agreement made as of November 1, 2017 between Pitkin County, a Colorado Home Rule
County, by and through its Board of County Commissioners (collectively "Lessor") Cimarron
Communications Co, LLC a Colorado limited liability company ("Lessee").
WTINESSETH
WHEREAS Lessor is the owner of a tower and communication site located at Jack Rabbit
Ridge, Aspen, CO ("Tower")and
WHEREAS Lessee is the licensee under Federal Communications Commission Facility
ID Number 148669 of FM Broadcast Translator Station License Call Sign K251BU, Aspen,
Colorado.
WHEREAS Lessee desires to lease a portion of the tower and the premises at which the
tower is located (the "Premises") from Lessor for the placement of certain antennae, transmitter
•
and related equipment.
NOW, THEREFORE in consideration of the mutual premises and covenants contained
below, it is mutually agreed as follows.
1. (a) Lessor hereby leases to Lessee sufficient space on the Tower and in the tenant television
area in Lessor's main transmitter shelter at the Premises and grants permission to Lessee for the
installation of certain communication equipment on the Tower and at the Premises as more •
particularly set forth in the document entitled "Equipment List" attached as Exhibit A-1 and
incorporated herein (all such equipment being hereinafter collectively referred to as the
"Equipment"). Installation and placement of all Equipment by Lessee shall be in accordance with
the policies adopted by Lessor set forth in the document entitled "Engineering Policies" attached
hereto as Exhibit B-2 and incorporated herein. All changes or additions in Equipment or the
Equipment Design are subject to the prior written approval of Lessor which shall not be
unreasonable withheld or delayed.
(b) Upon Lessor's written consent, which will not be unreasonably withheld or delayed, Lessee
will have the right at any time to assign this Lease provided there are no changes to this
Agreement, Equipment list and successor (assignee) has a valid FCC license for operation of an
FM Broadcast Translator Station license for the tower located at Jack Rabbit Ridge, Aspen, CO
except that Lessee may, without Lessor's consent, assign this Lease or sublet the Leased Premises
to any corporation or company which is a parent, subsidiary or affiliate of Lessee or which is
acquiring fifty-one percent (51%) or more of all of the assets or stock or membership interests of
Lessee. For the purpose of the Section, a "parent" will mean a corporation or company which
owns not less than fifty-one percent (51%) of whose outstanding stock or membership interests
will be owned by Lessee, and an "affiliate"fifty-one percent(51%) of whose outstanding stock or
membership interests will be owned by Lessee and an"affiliate".
2. In consideration of the rights and privileges granted herein, Lessee shall pay to Lessor as
follows:
(a) As a rent for the entire initial term, Licensee shall pay Lessor One ($1.00) Dollar and other
good and valuable consideration payable simultaneously with the execution and delivery of this
Agreement.
3. The initial tern of this Agreement shall be for a period of twenty five (25)years commencing
on November 1, 2017 ("the Commencement Date"). The Lease shall automatically renew for
one 1) additional term of twenty-five (25)years, assuming the Lessee is not in default at the time
of renewal. The Rental Fee for the entire additional twenty-five (25) year term shall be one
($1.00) Dollar payable on or prior to the first day of the renewal term. This Lease shall
automatically renew, unless six (6) month prior written notice of intention not to renew is given
by the Lessee.
4. Lessee shall be responsible at its sole cost and expense for the installation, operation,
maintenance and removal of all Equipment and facilities that it installs using qualified repair
people reasonably designated or_approved by Lessor. Lessee shall be solely responsible for
obtaining all necessary government approvals, including licenses and permits from all local, state
and federal authorities having jurisdiction over the subject matter of Lessee's activities. Lessee
shall be responsible for obtaining and maintaining its own telephone lines and related equipment.
Lessee may connect the Equipment to Lessor's electrical facilities, however all costs relating to
its electrical usage will be paid in addition to the rental fee unless waived by Lessor.
5. Lessor agrees to provide Lessee with reasonable access to the Tower and the Premises. Lessee
shall notify Lessor in advance when Lessee employees are to be present at the Tower or
Premises. In the event of a breakdown of the Equipment, Lessee shall be granted access at any
time, day or night,weekday, weekends or holidays. Lessee's employees and agents shall exercise
extreme care to protect Lessor's equipment at the Tower and the Premises. In the event Lessee's
employees or agent damage or in any way disturb Lessor's equipment,Lessee agrees to reimburse
Lessor for its costs in restoring service and repairing said equipment and Lessee further
understands that Lessor may withdraw Lessee's right to access the Tower and the Premises.
Lessee agrees to provide Lessor with a key or keys for access to the Equipment in the event of an
emergency and take all reasonably necessary steps. Lessee agrees that Lessor shall not be liable
for any damage to the Equipment or loss of service attributable to, and to hold Lessor harmless
from and against any loss or liability resulting from Lessor's access to the Equipment or any
action taken in case of an emergency. In no way shall the aforementioned waiver be deemed to
relieve Lessor from liability due to negligent acts caused by Lessor or its agents.
6. Interference:
(a) Lessor's use of the Tower and Premises shall, at all times, be the paramount and principal use
of said Tower and Premises. Lessee agrees not to interfere with (i) the use of said Tower and
Premises by Lessor or any other personnel authorized to use the Tower or Premises by Lessor, (ii)
Lessor's operating frequencies, (iii) the operating frequencies of others authorized by Lessor to
utilize the Tower or Premises, or (iv) any other current or future uses of said Tower and Premises
by Lessor or others. In the event Lessor believes that Lessee's use is creating interference, Lessor
shall notify Lessee and Lessee shall promptly investigate and correct any such interference and
2
report its findings to Lessor. Notwithstanding anything in this Agreement, if Lessee fails to
respond promptly after receipt of notice, Lessor shall have the right, without prior notice, to take
any and all reasonable steps (at Lessee's expense) to eliminate such interference. Lessee agrees
that Lessor shall not be liable for any damages to the Equipment or loss of service attributable to,
and agrees to indemnify and hold Lessor harmless from and against any loss or liability resulting
from Lessor's actions under this Section 6. In the event that such interference cannot be
eliminated, Lessor shall have the right to turn the interfering equipment off until such time as the
interference has been completely corrected.
(b) After the date of this Lease,the Lessor will not grant a lease to any other party for use of the
site or modify any existing lease for use of the site, or permit an existing tenant to make any
changes to its use of the site if such use would in any way adversely affect or interfere with the
operation of Lessee's communications equipment. If other tenants of Lessor's site installed after
Lessee's equipment is installed cause unconnected radio frequency and/or electrical interference
with Lessee's communications equipment,Lessor will require its tenant to correct the interference.
Lessee will be entitled to rent abatement until such interference is corrected. If the interference
cannot be corrected within five (5) business days from receipt of Lessee's notice, Lessor will
cause the party creating the interference to cease using its equipment, except for testing, until the
interference has been corrected. If after thirty (30)days such interference has not been completely
corrected to Lessee's satisfaction, Lessee will have the option to terminate this Lease without
further liability hereunder.
7. The rights and privileges granted to Lessee herein shall, under no circumstances, be exclusive.
Lessor shall have the right, at all times, to inspect the portion of the Tower and Premises being
used by Lessee and inspect any equipment placed thereon by Lessee. In the event that Lessor
finds any defects or required repairs arising from Lessee's use of the Tower or Premises, Lessor
shall notify Lessee of such defects, and Lessee shall cause such defects to be cured and repaired
within a reasonable time after being notified by Lessor.
8. Upon termination or expiration of this Agreement, Lessee, at it sole cost and expense, shall
promptly remove its Equipment and restore the Tower and Premises to its pre-existing condition,
reasonable wear and tear excepted.
9. Lessee shall indemnify and hold Lessor harmless against and from any and all claims, debts,
demands, suits, obligations, expenses and costs of every kind, character and description which
may be asserted, claimed, filed or brought against Lessor arising out of Lessee's operations and
use of the Tower and Premises, or any part thereof, under this Agreement or arising out of the
breach of any representation, warranty or covenant set forth herein. In the event that Lessor is
involved in any action or proceedings seeking to impose any liability whatsoever on Lessor as a
result of the actions of Lessee, its agents, servants or employees, or Lessee's use of the Tower or
Premises or any part thereof, Lessee shall pay all court costs and reasonable attorney's fees, plus
any other sums that Lessor may be called upon to pay by reason of any settlement or entry of any
judgment in such action or proceeding caused by Lessee's actions.
10. Lessee will defend, indemnify and hold harmless Lessor from and against any and all losses,
claims, liabilities, damages, fines, costs and expenses (including reasonable legal expenses) of
whatever kind and nature that Lessor may incur as a result of the release by Lessee on, in or under
the site of any hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos,
3
PCBs,petroleum or other fuels (including crude oil or any other extraction or derivative thereof) or
USTs.
1 l. Throughout the term of this Agreement, and any renewal thereof, Lessee, at its own cost and
expense, shall provide and keep in force with an insurance company in good standing, acceptable
to Lessor, comprehensive general liability insurance, including coverage for contractual liability
insuring Lessor as an additional named insured party, in an amount not less that $500,000.00 for
injury to one person, in an amount of not less than $1,000,000.00 for any one incident, and in an
amount of not less than$500,000.00 for destruction of or damage to the Tower and Premises. Said
insurance shall cover the entire Tower and Premises. The Pitkin County Board of
Commissioners shall be listed in the foregoing policies as an additional insured. Without limiting
the foregoing, Lessee shall maintain adequate insurance covering all of Lessee's employees,
agents, contractors and subcontractors.
A Certificate of Insurance evidencing the existence of the policy or policies of insurance required
in this section shall be delivered to Lessor prior to the commencement of any installation by
Lessee. Lessor and Lessee agree to review the insurance coverages provided herein at least
once every five (5) years and to increase the limits, if necessary, in accordance with
reasonable commercial standards, customary for the Lessee equipment located on the
Tower and Premises and the operation of an unmanned translator station.
12. In the event of a condemnation of the Tower or Premises, if such condemnation prevents the
continued use of the Tower or Premises, then this Agreement shall immediately terminate, and
there shall be no further obligation on the part of either party to the other hereunder. In any case of
condemnation, Lessee shall have no claim upon any condemnation award.
13. Lessee agrees that it shall, under no circumstances, assign this Agreement without Lessor's
prior written consent, which shall not be unreasonably withheld or delayed. Notwithstanding the
foregoing, Lessee may, on notice to Lessor, assign this Agreement to any of its parents, partners,
subsidiaries or affiliates, to a successor by consolidation or merger, or to a purchaser of all of
substantially all of its assets provided there are no changes to this contract Equipment List and
successor has a valid FCC license for the tower located at 345 Hillcrest, Grand Junction, Co
81501.
14. Notices and correspondence relating to this Agreement shall be in writing and sent by the
respective parties by email or by hand to the other at the following addresses (and shall be deemed
effective.):
If to Lessee:
Cimarron Communications Co,LLC
360 East 72"d Street,Apt.B 1109
New York,New York 10021
Attention: Ira A. Gomberg
Tel: (917)754-4176
Email: IRAGomberg@gmail.com
and
4
•
Ward Holmes
190 Turner Drive, Suite G
Durango,CO 81301
Tel: (970)259-4444
Facsimile: (970)247-1005
Email: Ward@RadioDurango.com
If to Lessor
Pitkin County Translator Department
123 Emma Road, Suite #106
Basalt, CO 81621
Attn: Jeff Krueger
Tel: (970) 429-6114
Email: Jeff.Krueger@pitkincounty.com
15. Without limiting the rights and remedies of Lessor,Lessor shall have the right to terminate this
Agreement upon:
(a) any default in payment on any amount hereunder by Lessee after a 30-day notice is tendered
to lessee,
(b) any breach of any representation, warranty or covenant of Lessee contained herein, which
breach continues for thirty (30) days after written notice without being cured or commenced to be
cured,or
(c) failure of the Lessee to possess and to operate in accordance with FCC or other governmental
licenses.
In the event of default by Lessee and termination of this Agreement by Lessor, all fees and any
additional amounts required under this Agreement that are payable by Lessee to Lessor during the
lease term of this Agreement shall become due and owing to Lessor, and, if not immediately paid,
shall accrue interest as set forth in Section 2(c). In the event of such default and termination,
Lessee's indemnification obligations to Lessor shall not cease.
16. This document, as executed by the Authorized parties below, represents the entire Agreement
between the parties hereto, and may not be amended except by an Agreement in writing, signed by
both parties.
17. Lessee represents and acknowledges that it is an Equal Opportunity Employer.
18. In the event of a conflict or dispute arising under the terms and conditions of this Agreement,
the laws of the State of Colorado shall be applicable and control. Should any party believe it
necessary to interpret or enforce any provisions of this Agreement, the exclusive venue and
jurisdiction for such lawsuit shall be the Pitkin County, Colorado District Court located in Aspen,
Colorado.
5
•
19. Lessee agrees that it will not use the Tower or the Premises for any purpose other than set
forth above, and will not use the Tower or Premises or permit the use of the Tower or Premises
for any purpose in violation of any law, statute, ordinance or regulation, federal, state or local.
Lessee further covenants and agrees that it will not suffer or permit anything to be done in or
about the Tower or the Premises that will affect, impair or contravene any policies of insurance
that are in effect as to the Tower or Premises. Lessee agrees and acknowledges that its signatory
below is authorized and empowered to enter into this Agreement on its behalf and bind Lessee
hereto.
20. Failure or delay on the part of Lessor or Lessee to exercise any right, power or privilege
hereunder shall not operate as a waiver thereof
21. The parties hereto acknowledge that nothing herein shall constitute a joint venture between
them.
22. In addition to the provisions of Sections 5 and 6 hereof, and the last sentence of this Section
22, Lessor, and its agents, servants and employees, shall not be liable under any circumstances for
any damage to the property, Equipment, or facilities of Lessee, unless such damage shall be the
direct result of grossly negligent conduct by or willful act of Lessor or its agents, servants or
employees. Lessor shall not be liable for consequential or incidental damages in any event. Lessor
shall not, under any circumstances, be liable for failure to fulfill its obligations under this
Agreement, or for any damage to the property,Equipment of facilities of Lessee,resulting directly
or indirectly from fire, theft, lightning, hail, ice, thunder storms, snowstorms, wind, tornadoes,
earthquakes, wars or insurrections, strikes, riots, labor disputes, national disasters, interruptions or
disturbances in electrical, telephone or other utility service, acts offeree majeure, acts of God, and
all causes beyond the reasonable control of Lessor.
23. Lessee has advised Lessor that in order to provide better coverage and service to the
Aspen and Snowmass Village areas, Lessee would like permission to move translator
station K251BU, facility ID number 148669, from the current Tower and Premises located
at Jack Rabbit Ridge to Lessor's tower and the equipment shelter located at Lower Red
Mountain, ASR number 1242870. Lessor hereby agrees that once Lessor has obtained
permission to continue to use the equipment shelter located on the Lower Red Mountain
tower site, it will so advise Lessee. Upon obtaining FCC approval to relocate transmitter
station K251BU to Lower Red Mountain, and notification that the equipment shelter on
Lower Red Mountain may be used, Lessee may thereafter relocate the antenna and all of
the translator equipment located at the current Tower and Premises to the Lower Red
Mountain Tower and Premises. Upon such relocation, this Lease shall be deemed to apply
to the Tower and Premises located at Lower Red Mountain; all references to Jack Rabbit
Ridge shall be deemed to be references to the Lower Red Mountain tower site; and Lessee
shall no longer have a right to operate a translator K251BU from the Jack Rabbit Ridge
site.
24. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
remaining provisions shall be binding on the parties and shall be enforceable as though said
invalid, illegal or unenforceable provisions were not contained herein,except as noted in paragraph
25 and attached appendix.
6
25. At Lessor's option, this Agreement shall be subordinate to any mortgage, which may from
time to time encumber the Tower or the Premises.
26. This Agreement may be terminated by Lessee without further liability on thirty (30) days'
prior notice as follows:
(a) in the event of a default by Lessor of any of its obligations hereunder, which default is not
cured within sixty(60)days of written notice of default;
(b) if Lessee if unable to obtain or maintain any license, permit or other approval necessary to the
installation and operation of the Equipment; or
(c) if Lessee suffers signal interference or other technological problems in its operations at the
Premises.
27. This Agreement may be executed in separate counterparts, each of which will be
deemed an original and all of which together will constitute one and the same agreement.
Delivery of an executed counterpart signature page to this Agreement by facsimile or e-
mail will be deemed sufficient to render this Agreement effective.
IN WITNESSETH WHEREOF, the parties hereto have signed this Agreement on the day and
year first written above.
•
LESSEE LESSOR
Company: Company:
Cimarron Communications Co.,LLC Pitkin County
By: By:
Name: Ira A Gomber Name:
Title: Manager Title:
7
EXHIBIT B-1
Typical Site Inventory List
For Site Name: Jack Rabbit Ridge
Site Location: Aspen, Colorado
Quantity Description
1 Dayton 210 FM receiver (or equivalent)
[Barix Box if Internet available]
1 Ptek 300ES
1 Shively Versa —Tune FM antenna/SWR FM-1 (or equivalent)
1 Radio Shack amplified antenna (receive) or equivalent
C,,:;Cir-wror,Lisi9 17.d c
EXHIBIT B-2
EQUIPMENT POLICIES
1. Every transmission line affixed to the structure shall be placed as designated by the tower
owner or its agent.
2. No drilling, punching, welding, cutting, removal or modification of any tower or waveguide
member is permitted, except with Lessor's consent.
3. Each transmission line shall have installed at both ends of the cable within one foot of the cable
connector a label that identifies the antenna, rack number, equipment name, port/connector
and any other identifying information.
4. All brackets and hardware shall be galvanized and installed per the manufacturer's
specifications.
5. All antennas shall be installed using galvanized hardware and shall be of the proper size and
quantity for the load, per manufacturers' recommendations. Weight and windload stresses, if
appropriate, and mounting requirements will be provided.
6. Tywraps,wrap lock, tie wire or tape is not permitted on the tower.
7. All transmission lines shall be grounded per the manufacturer's specifications at the proper
intervals, as well as at the building entrance, and shall be taped with rubber and appropriate
weather sealant, such as Scotchkote.
8. All cables penetrating the building shall be weather tight and shall be installed using an
approved weather seal. Cables shall be installed so as to prevent the intrusion of water into the
building.
9. All communications equipment shall be approved prior to installation in the communications
shelter. An equipment connection diagram shall be submitted at least ten (10) days prior to
actual installation for approval.
10. Communications equipment shall be mounted into standard 19-in EIA racks or enclosed cabinets
and installed per equipment manufacturer's specifications. Any permanent site equipment that
cannot be rack mounted, shall be secured or mounted on rack or cabinet peripheral trays.
11. All communications equipment must be identified with a label that includes the lessee name,
call letters, address and emergency contact telephone number.
12. All equipment cables shall be installed and routed so that personal safety and equipment
functionality is not compromised and that all equipment is accessible for servicing. No cables or
wiring is to be run across the floors or aisle ways.
13. Nonmetallic cable ties shall be used to secure cables and conductors.Attachment shall be tight
enough to secure cables without crushing or deforming them.
14. All equipment cables shall have labels installed at both ends of the cable within one foot of the
cable connector. The label shall include the system name, rack number, equipment name,
port/connector and any other identifying information.
15. All communications equipment shall be securely connected to the ground system and conform
to the R56 Standards and Guidelines for Communications Systems specification.
Dec 18 16 06:09p
p2
�,:.: ,--;� United States of America
/tea toMk�,y9a
w d.-de .• �� FEDERAL COMMUNICATIONS COMMISSION
►, ' FM BROADCAST TRANSLATOR/BOOSTER
�,u�& I ;�;s;= STATION LICENSE
Authorizing Official:
Official Mailing Address: i:/ ) /
C.IMARRON COMMUNICATIONS CO, LLC ' James D. Bradshaw
-.360 EAST 72ND STREET, APT. B1109 Deputy Chief
NEW YORK NY 10021 Audio Division
Media Bureau
Facility Id: 14B669 Grant Date: NOV 2•5 20i6
Call Sign' l(751BU This license expires 3:00 a.m.
local time, April 01, 2021.
License File Number: BLFT-20161024ABB
This license covers permit no. : BNPFT-20130B15AAA
Subject to the provisions of the Communications Act of 1934, subsequent
acts and treaties, and all regulations heretofore or hereafter made by
this Commission, and further subject to the conditions set forth in this
license, the licensee is hereby authorized to use and operate the radio
transmitting apparatus herein described.
This license is issued on the licensee's representation that the
statements contained in licensee's application are true and that the
undertakings therein contained so far as they are consistent herewith,
will be carried out in good faith. The licensee shall, during the term of
this license, render such broadcasting service as will serve the public
interest, convenience, or necessity to the full extent of the privileges
herein conferred.
This license shall not vest in the licensee any right to operate the
station nor any right- in-the use of the frequency desianate.d in .the_
license beyond the term hereof, nor in any other manner than authorized
herein. Neither the license nor the right granted hereunder shall be
assigned or otherwise transferred in violation of the Communications Act
of 1934. This license is subject to the right of use or control by the
Government of the United States conferred by Section 606 of the
Communications Act of 1934 .
FCC Form 351B October 21, 19B5 Page 1 of 2
•
Dec 18 1 O O6:09p p.3
Callsign: K251BU License No. : BLFT-20161024AE3
Name of Licensee: CIMARRON COMMUNICATIONS CO, LLC
Principal community to be served: CO-ASPEN
Primary Station: KZKS (FM) , Channel 287, RIFLE, CO
via: Direct - off-air
'Frequency (MHz) : 98 ,1
Channel: 251
Hours of Operation: Unlimited
•
,'"? Antenna Coordinates: North Latitude: 39deg 13min 08 sec
West Longitude: 106 deg 54min 33 sec
--' -Transmitter: Type Accepted-. See Sectitns-73.16E0, -74:1250-of—the•Commissi-on's -Rules-: •
-
Transmitter output power: 0 . 002 kM
Antenna type: (directional or non-directional) : Directional
Description: SCA HDCA-10V
Major lobe directions 330
(degrees true) :
Horizontally Vertically
Polarized Polarized
Antenna: Antenna:
Effective radiated power in the Horizontal Plane (kw) : 0.023
Height of radiation center above ground (Meters) : 10
Height of radiation center above mean sea level (Meters) : 2656
Antenna structure registration number: 1242350
Overall height of antenna structure above ground (including obstruction
lighting if any) see the registration for this antenna structure.
Special operating conditions or restrictions:
1 The permittee/licensee in coordination with other users of the site
must reduce power or cease operation as necessary to protect persons
having access to the site, tower or antenna from radicfrequency
electromagnetic fields in excess of FCC guidelines.
*** END OF AUTHORIZATION ***
FCC Form 351E October 21, 1985 Page 2 of 2
_ WESTSLO-24 DEBW
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ACv CERTIFICATE OF LIABILITY INSURANCE 1EIMmosYY
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THIS ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS I
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or he endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain poitcias may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsemenl(t:). - --
- - cplrrAcr Cindi Stringer•
PRODUCER NAME
Home Loan 8 Investment Company PRONE fa 4.Nat;(970)243-3914
INC,No,Ext)'
205
Gad Junction,4t CO niioliss:cindis(ghlic.com
Grand CO 81501
INSURERS)AFFDRUWG COVERAGE NAIC Is
INSURER A:Massachusetts Bay Insurance Company 22306
INSURER B:Allmerica Financial Benefit 10212
INSURED Western Slope Communications LLC and Four Corners INSURER C;HanOVer Insurance Company 22292
Broadcasting LLC INSURER D:PlllnaCOl Assurance 41190
751 Horizon Ct Ste#225
Grand Junction,CO 81506-0000 INSURER E:
I IN5UIt!tt F: - - -
—
COVERAGES CERTIFICATE NUMBER: - REVISION NUMBER; -
TtrIS IS TO CERTIFY 'DINE THE POLICIES OF INSURANCE 1151ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED- NOT'WITI IS t'ANDING ANY -FUUIREMF_NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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EXCLUSIONS AND CONDITIONS OF SUCH POI.t:ILS LIMITS Si tOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCR/PTnom OF OPERATIONS r LOCATIONS I VEHICLES (ACORD 1U1,Addition,)Retool Ms Schedule,may be attached It mere space is required)
RE: FM Translator Station at Jack Rabbit Ridge,Aspen Colorado
CERTIFICATE.HOLDER - CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Pitkin County ACCORDANCE WITH THE POLICY PROVISIONS.
485 Rio Grande Place
Aspen,CO 81611 „W.
All I HORIZEDR,.,TI„C.1 IN rA TIVE
ACORO 25(2016/03) rs)1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DONATION AGREEMENT
TIHIS DONATION AGREEMENT (this "Agreement") is made as of November 1,
2017, between Cimarron Communications Co, LLC a Colorado limited liability company
("Donor"), and Pitkin County, a Colorado Home Rule County, by and through its 13oard of
County Commissioners (collectively"Donee").
Recitals
A. Donor owns and holds the license, permits and authorization ("License"), issued
•
to Donee by the Federal Communications Commission ("FCC") for FM Translator Station •
K260BZ (FCC ID No. 148736, License File Number: BLFT-2016024ABC ("Station").
B. Donor hereby agrees to donate, sell, transfer and assign to Donee all of Donor's
right, title and interest in the License for FM Translator Station K260BZ, Aspen, Colorado.
B. Pursuant to the terms and subject to the conditions set forth in this Agreement, •
Donor desires to donate to Donee, and Donee desires to acquire from Donor, the Station Assets
(defined below).
Agreement •
NOW, THEREFORE, taking the foregoing into account, and in consideration of the
mutual covenants and agreements set forth herein, the parties, intending to be legally bound,
hereby agree as follows:
ARTICLE 1: DONATION OF ASSETS
1. 1 Station Assets. On the terms and subject to the conditions hereof, at Closing
(defined below), Donor shall donate to Donee, all right, title and interest of Donor in and to the
following assets (the `Assets"): (a) all licenses, permits and other authorizations issued to Donor
by the FCC with respect to the Station (the "FCC License") described on Srhechule 1.1 t'°); (b) the
contracts, agreements and leases listed on Schedule 1.1(b); and (c) the equipment if any, listed on
Schedule 1.1(4 Donor makes no representations or warranties regarding the Station Assets and
Donor reserves the right to take the Station silent prior to Closing.
1.2 Donation Credit. Donee agrees to provide Donor with a donation receipt for an
amount equal to the fair market value of the Station Assets as determined by a qualified appraiser
In accordance with IRS rules and regulations. Donor agrees to obtain and pay any fees
associated with obtaining a qualified appraiser.
1.3 Closing. 'De consummation of the sale and purchase of the Station Assets
provided for in this Agreement (the "Closing") shall take place on or before the tenth (10`1') day
after the date of the FCC's initial order, or on such other day after such consent as Donor and
Donee may mutually agree. The date on which the Closing is to occur is referred to herein as the
"Closing Date."
1.4 FCC Consent, Within five (5) clays of the date of this Agreement, Donor and
Donee shall file an application with the FCC (the"FCC; Application") requesting FCC consent to
the assignment of the FCC Licenses to Donee. FCC consent to the FCC Application without any
material adverse conditions other than those of general applicability is referred to herein as the
"FCC Consent". Donor and Donee shall diligently prosecute the FCC Application and otherwise
use their commercially reasonable efforts to obtain the FCC Consent as soon as possible. This
Agreement may be terminated by either party if Closing does not occur with six (6) months from
the date of this Agreement (the "Outside Date").
ARTICLE 2: ARTICLE 2: REPRESENTATIONS AND WARRANTIES
2.1. Authorization. Each °I Donor and Donee represents, wan-ants, and covenants that
(a) it has the full right and legal authority to enter into and fully perform this Agreement in
accordance with the terms and conditions hereof; and (b) the execution, delivery and
performance of this Agreement does not and will not violate or cause a breach of any other
agreements or obligations to which it is a party or by which it is bound.
2.2. FCC Licenses. Donor represents and warrants that Donor is the holder of the
FCC License for the Station described on Schedule 1.1(a), which FCC License is in full force
•
and effect and has not been revoked, suspended, canceled, rescinded Or terminated and have not
expired.
2.3. Ownership of Assets. Donor represents and warrants that Donor has good and
marketable title to the Assets free and clear of Liens.
2.4. Qualification. Donor represents and warrants that Donor is legally, financially
and otherwise qualified to be the licensee of the Stations under the Communications Act of 1934,
as amended, and the rules, regulations and policies of the FCC. •
ARTICLE 3: JOINT COVENANTS
Donor and Donee hereby covenant and agree as follows:
3.1 Confidentiality. Subject to the requirements of applicable law, all non-public
information regarding the parties and their business and properties that is disclosed in connection
with the negotiation, preparation or performance of this Agreement (including without limitation
all financial information provided by Donor to Donee) shall be confidential and shall not be
disclosed to any other person or entity, except the parties' representatives and lenders for the
purpose of consummating the transaction contemplated by this Agreement. No party shall,
without the prior written consent of the other, issue any press release or make any other public
announcement concerning the transactions contemplated by this Agreement, except to the extent
that: such party is so obligated by law, in which case such party shall give advance notice to the
other.
3.2 Control. Donee shall not, directly or indirectly, control, supervise or direct the
operation of the Stations prior to Closing. Consistent with the Communications Act and the FCC'
rules and regulations, control, supervision and direction of the operation of the Stations prior to
Closing shall remain the responsibility of'Donor as die holder of the FCC Licenses.
ARTICLE 4: DONATIONS CONDITIONS OF DONOR
Donor's intent to make the donation hereunder is subject to satisfaction, at or prior to the
Effective Date, of each of the following conditions (unless waived in writing by Donor):
4.1 Representations and Covenants. The representations and warranties of Donee
made in this Agreement will be true and correct in all material respects as of the Closing Date
except for changes permitted or contemplated by the terms of this Agreement, and the covenants
and agreements to be complied with and performed by Donor at or prior to the Closing Date will
have been complied with or performed in all material respects.
4.2. Proceedings. Neither Donor nor Donee will be subject to any court or
governmental order or injunction restraining or prohibiting the consummation of the transactions
contemplated hereby.
4.3. FCC Consent, The FCC Consent will have been obtained.
4.4. Deliveries, Donor will have complied with its obligations set forth in Section 6.2.
ARTICLE 5: ACCEPTANC.E CONDITIONS OF DONEE
Donee's intent to accept the donation hereunder is subject to satisfaction, at or prior to the
Effective Date, of each of the following conditions (unless waived in writing by Donee):
5.1. Representations and Covenants. The representations and warranties of Donee
made in this Agreement will be true and correct in all material respects as of the Effective Date
except for changes permitted or contemplated by the terms of this Agreement, and the covenants
and agreements to be complied with and performed by Donee at or prior to the Closing Date will
have been complied with or performed in all material respects.
5.2. Proceedings. Neither Doner nor Donee will be subject to any court or
governmental order or injunction restraining or prohibiting the consummation of the transactions
contemplated hereby,
5.3. FCC Consent. The FCC Consent will have been obtained.
5.4. Deliveries. Donor will have complied with its obligations set forth in Section 6.1,
ARTICLE 6: CLOSING DELIVERIES
6.1. Donor Documents. On the Closing Date, Donor will deliver or cause to be
delivered to Donee:
(i) an assignment of the FCC authorization assigning the FCC License from Donor to
Donee;
(ii) a conveyance of the other Assets if any, from Donor to Donee; and
(iii) any other instruments of conveyance, assignment and transfer that may be
reasonably necessary to convey, transfer and assign the Assets from Donor to Donee, free and
clear of Liens.
6.2. Donee Documents. On the Closing Date, Donee will deliver or cause to be
delivered to Donor:
(i) an assumption of FCC authorizations assuming the FCC Licenses from Doner;
(ii) title to the equipment if any, installed for the Station; and
(ii) any other instruments of conveyance, assignment and transfer that may be
reasonably necessary to convey, transfer and assign the Assets from Doner to Donee, free and
clear of liens.
ARTICLE 7: TERMINATION
7.1. Termination, Subject to Section 7.2, this Agreement may be terminated prior to
the Closing Date as follows:
(a) by mutual written consent of Donor and Donee;
(b) by written notice of Donor to Donee if Donor defaults in the performance
of its covenants contained in this Agreement and such default is material in the context of the
transactions contemplated hereby and is not cured within the Cure Period (defined below);
(c) by written notice of Donor to Donee if Donee defaults in the performance
of its covenants contained in this Agreement and such default is material in the context of the
transactions contemplated hereby and is not cured within the Cure Period;
(d) by written notice of Donor to Donee or Donee to Donor if the FCC
Licenses for the Stations are revoked or otherwise terminated by the FCC; or
(e) by written notice of Donor to Donee or Donee to Donor if the Closing
Date does not occur by the Outside Date.
7.2. Cure Period, Each party will give the other party prompt written notice upon
learning of any default by the other party under this Agreement. The term "Cure Period" as used
herein means a period commencing on the date Donor or Donee receives from the other written
notice of default hereunder and continuing until ten (10) calendar days thereafter.
7.3. Survival. The termination of this Agreement will not relieve any party of any
liability for default under this Agreement prior to the date of termination.
ARTICLE 8: MISCELLANEOUS
8.1. Expenses. Donee will be solely responsible for all costs and expenses incurred by
Donor and Donee in connection with the negotiation, preparation and performance of and
compliance with the terms of this Agreement, except that costs and expenses for the operations
4
of the Stations will be solely the responsibility of Donce following the donation on the (losing
Date. Donee will be responsible for all fees and charges applicable to any requests for the FCC
Consent. Donee will be responsible for any governmental taxes, fees and charges applicable to
the transfer of the Assets under this Agreement.
•
8.2. Assignment. Neither party may assign this Agreement without the prior written
consent of the other party hereto, provided, however, that Donee may assign its rights hereunder
to an affiliate of Donee upon written notice to, but without consent of, Donor, provided that
(i) any such assignee delivers to Donor a written assumption of this .Agreement, and (ii) Donee
will remain liable for all of its obligations hereunder. The terms of this Agreement will bind and
inure to the benefit of the parties' respective successors and any permitted assigns, and no
assignment will relieve any party of any obligation or liability under this Agreement.
8.3. Notices. Any notice pursuant to this Agreement will be in writing and will be •
•
deemed delivered on the date of personal delivery or confirmed delivery by a nationally
recognized overnight courier service, and will be addressed as follows (or to such other address
as any party may request by written notice):
if to Donor: Cimarron Communications Co, LLC
360 East 72" St., Apt. B 1109
New York, NY 10021
Attention: Ira A. Gomberg
Tel: (917) 754-4176
Email: IRAGomberg(r igmail.com
if to Donee: Pitkin County Translator Department
123 Emma Road, Suite k106
•
Basalt, CO 81621
Attention: Jeff Krueger
Tel: (970) 429-61 14
Email: ,Leff.Kruger(<tipitkincounty.corn
8.4. Amendments. No amendment or waiver of compliance with any provision hereof
or consent pursuant to this Agreement will be effective unless evidenced by an instrument in
writing signed by the party against whom enforcement of such amendment, waiver, or consent is
sought.
8.5. Entire Agreement. This Agreement (including the Schedules hereto) constitutes
the entire agreement and understanding among the parties hereto with respect to the subject
matter hereof, and supersedes all prior agreements and understandings with respect to the subject
matter hereof, except any confidentiality agreement among the parties with respect to the
Stations, which will remain in full force and effect. No party makes any representation or
warranty with respect to the transactions contemplated by this Agreement except as expressly set
forth in this Agreement.
8.6. Severability. If any court or governmental authority holds any provision in this
Agreement invalid, illegal or unenforceable under any applicable law, then, so long as no party is
deprived of the benefits of this Agreement in any material respect, this Agreement will be
construed with the invalid, illegal or unenforceable provision deleted and the validity, legality
5
and enforceability of the remaining provisions contained herein will not be affected or impaired
thereby.
8.7. No Beneficiaries. Nothing in this Agreement expressed or implied is intended or
will be construed to give any rights to any person or entity other than the parties hereto and their
successors and permitted assigns.
8.8. Governing Law. The construction and performance of this Agreement will be
governed by the laws of the State of Colorado without giving effect to the choice of law
provisions thereof.
8.9. Counterparts. This Agreement may be executed in separate counterparts, each of
which will be deemed an original and all of which together will constitute one and the same
agreement. Delivery of an executed counterpart signature page to this Agreement by facsimile
or e-mail will be deemed sufficient to render this Agreement effective.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth
•
above.
DONEE: PITKIN COUNTY
By:
Name:
Title:
DONOR: CIMARRON COMMUNICATIONS CO, LLC
B
Name: Ira A. GombQ
Title: Manager
6
Schedule 1.1(al
FCC License
STATION FAC ID COL LICENSE FILE NUMBER
K260I17 1,1873-( Aspen, Colorado f11.17T-20161024ZYABC
Schedule l.l(b)
Station Contracts
ITo be provided by Donor]
NOT APPLICABLE
Schedule ].1(c1
Equipment
NONE
G:VinirrrranlPrtkinCo.Trr, inr ors DonationA grey;nenrf(1 nj124,//rine
•
Dec 18 16 06:09p
n,�.. :-,
, ). ,
"` United States of America
to 'v.* , ,� FEDERAL COMMUNICATIONS COMMISSION
,4 i
•
• ;, 1 FM BROADCAST TRANSLATOR BOOSTER
`'� .t 0'.Sl' STATION LICENSE
'C.n�1MIS5A0�i��
Authorizing Official:
/
Official [Mailing Address: :i
1<:-2-lee.,-(...• c---e--42.,i.. :-.0:.k.:-'ot---
CIMARRON COMMUNICATIONS CO, LLC James D. Bradshaw
k
360 EAST 72ND STREET, APT. B1109 Deputy Chief
NEW PORK NY 10021 Audio Division
Media Bureau
•
Facility Id• 148736 _ Grant Date: NOV 2.5 2016 _- _
Call Sign: K260B2 This license expires 3:00 a.m.
local time, April 01, 2021.
License File Number: BLFT-20161024ABC
This license covers permit no. : BNPFT-20130815AAC
Subject to the provisions of the Communications Act of 1934, subsequent
acts and treaties, and all regulations heretofore or hereafter made by
this Commission, and further subject to the conditions set forth in this
license, the licensee is hereby authorized to use and operate the radio
transmitting apparatus herein described.
This license is issued on the licensee's representation that the
statements contained in licensee's application are true and that the
undertakings therein contained so far as they are consistent herewith,
will be carried out in good faith. The licensee shall, during the term of
this license, render such broadcasting service as will serve the public
interest, convenience, or necessity to the full extent of the privileges
herein conferred.
This license ,shall_ not vest lit the licensee any right to operate the
station nor any right in the use of the frequency designated in the "
license beyond the term hereof, nor in any other manner than authorized
herein. Neither the license nor the right granted hereunder shall be
assigned or otherwise transferred in violation of the Communications Act
of 1334 . This license is subject to the right of use or control by the
Government -of the United States conferred by Section 606 of the
Communications Act of 1934.
FCC Form 351E October 21, 1985 Page 1 of 2
Doc 18 16 06:09p
Callsign: K260BZ License No. : BLFT-20161024ABC
Name of Licensee: CIMARRON COMMUNICATIONS CO, LLC
Principal community to be served: CO-ASPEN
__,Primary Station: KWGL (FM) , Channel 289, OURA' , CO
Via: Direct - off-air.
Frequency (MHz) : 99.9
•Channel: 260
,: Hours of Operation: Unlimited
Antenna Coordinates: North Latitude: 39deg 13min 08 sec
West Longitude: 106 deg 54 min 33 sec
Transmitter: Type Accepted. See Sections 73 ,1660, -74.1.2'50 of the Commission'•s—Rul--s-.-,_--- —
Transmitter output power: 0,002 kW
Antenna type: (directional or non-directional) : Directional
Description: SCA HDCA-l0V
Major lobe directions 0
(degrees true) :
Horizontally Vertically
Polarized Polarized
Antenna: Antenna:
Effective radiated power in the Horizontal Plane (kw) : 0.023
Height of radiation center above ground (Meters) : 10
Height of radiation center above mean sea level (Meters) : 2656
Antenna structure registration number: 1242350 -- •.
Overall height of antenna structure above ground (including obstruction
lighting if any) see the registration for this antenna structure.
Special operating conditions or restrictions:
1 The permittee/licensee in coordination with other users of the site
must reduce power or cease operation as necessary to protect persons
having access to the site, tower or antenna from radiofrequency
electromagnetic fields in excess of FCC guidelines.
*** END OF AUTHORIZATION *0*
FCC Form 351B October 21, 1985 Page 2 of 2
•
•
Cimarron Communications Co., LLC
360 East 72" Street, Suite B1109
New York, New York 10021
Tel: (917) 754-4176
Email: IRAGomberg@gmail.com
November 1, 2017
VIA REGULAR MAIL
AND EMAIL: (Jeff.KruegerAPitkinCounty.com)
Mr. Jeff Krueger
Pitkin County Translator/Department
1239 Emma Road, Suite 106
Basalt, Colorado 81621
Donation of Translator Station
K260BZ (FCC ID No.: 148736)
Licensed to Aspen Colorado
Dear Mr. Krueger:
This is to confirm that Cimarron Communications Co, LLC will not file for a charitable
deduction relating to the donation of the above referenced translator without first obtaining the
consent of Phylis Mattice or another representative of the Pitkin County Translator Department.
Very truly yours,
Cimarron Communications Co., LLC
:By
Ira A. Gombe 7
Manager/Mernbei
G:/Cintm7 on/Corresp/Ki oegei 10 17.1 7doc
K260BZ donation letter to Pitkin County Board of County Commissioners Page 1 of 1
From: jbmccoy<jbmccoy@comcast.net>
To: ekrasnow<ekrasnow@gsblaw.com>
Cc: Allen Brill <ahbrill@aol.com>
Subject: K260BZ donation letter to Pitkin County Board of County Commissioners
Date: Mon,Oct 9,2017 7:12 pm
To whom it may concern:
I have been asked to provide a broker opinion letter as to the market value of K260BZ, licensed to Aspen,
Colorado.
According to an engineering study presented to me, K260BZ covers 4,023 people within its 60 dbu (interference
free) signal from the Cool Radio tower near Snowmass, Colorado.
Per Kagan's B Stats report, the cost per pop for translators in 2016 was $4.10. Thus, multiplying the $4.10 cost
per pop (60 dbu) times the K260BZ predicted 60 dbu coverage from the
Cool Radio tower in Snowmass equals a value of$16,494.
Due to the fact that Colorado Highway 82 is a busy commuter route between Glenwood Springs and Aspen, I am
willing to add a 20% premium ($3,300) to the value of K260BZ, because
its signal from Snowmass is predicted to cover much of highway 82 with a 60 dbu signal.
Thus, the value of K260BZ, based on the predicted coverage from the Snowmass tower is approximately$20,000.
Sincerely,
Jody McCoy
broadcast station and tower broker
See www.sta.online for experience and training.
i JODY McCOY, I)IRK('roR
Stratecic lower office: 719-63U-31 1l • mobile: 719-459-0007
t ,, I I. emaiil:jbmccov@comcast.net • www.sta.online
https://mail.aol.com/webmail-std/en-us/PrintMessage November 03,2017
Future Agendas
‘pt1'K I N Board of Commissioners
COUNT1 Work Session Agenda
TUESDAY,DECEMBER 5,2017, 10:00 AM
Q/D• G Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other,staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
10:00 AM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
10:00 AM SPECIAL MEETING-Quarterly Meeting Public Health-Karen Koenemann, (2 hours)
12:00 PM Lunch Break
1:00 PM Staff/Community Presentations
1:00 PM 2018 Legislative Process, Kara Silbernagel(30 minutes)
1:30 PM Ambulance District 2018 Budget, (1 hour)
2:30 PM All Funds - Budget Decision Points and Wrap Up (1 hour)
3:30 PM Break
3:45 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
3:45 PM Citizen Board Interview/APCHA-John Ward(10 minutes)
3:55 PM Review of Future Agenda Calendar-Work Session/Regular Meeting (10 minutes)
4:05 PM Discussion Items/Open Discussion
No formal written materials
4:05 PM Facilities Update,Jodi Smith(15 minutes)
4:20 PM Board Open Discussion(10 Minutes)
4:30 PM Board Membership Reports
Department Updates provide an opportunity for staff to share accomplishments, trends, issues and
challenges with the Board. Board Membership Reports is time set aside for Board members to report on
the activities of other boards, commissions and entities they have been appointed to as representative of
Pitkin County.
AGENDA and TIMES ARE SUBJECT TO CHANGE
4:30 PM NWCCOG,RRR, CORE, QQ, CCI, Club 20, CRRTB,RWPA,ACRA, RFTA, Senior
Council,NC, Intermountain TPR, Colorado Communities for Climate Action,Healthy Forest
Collaborative(15 minutes)
4:45 PM Adjourn(Community Room Event beginning at 5 p.m.)
AGENDA and TIMES ARE SUBJECT TO CHANGE
41)friCKIN Board of Commissioners
COUNT1 Regular Meeting Agenda
WEDNESDAY,DECEMBER 6,2017, 12:00 PM
@ D• Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
Additions/Deletions to Agenda
Public Comments(please limit to 3 minutes per speaker unless otherwise advised by the Chair)
Commissioner Comments
Consent Items: Consent items are generally perceived as non-controversial and allow the Board to spend its time on more
complex items elsewhere on the agenda.A Board member or member of the public may ask for a Consent item be removed for
individual consideration.Consent items typically have been discussed in work sessions with the Board and are approved by a single
motion.
Consent Items-Single Reading:
1. Minutes of
Consent Items Set for Public Hearing on DATE:
Individual Consideration Items:
Individual Consideration Items/Set for 2nd Reading and Public Hearing atSpecial Meeting on December 12
2. First Reading 2018 Budget Resolutions: Adoption,Appropriation, Setting County Mill Levies, Connie Baker
Individual Consideration Items/First Readings set for Public Hearings on December 20:
3. Resolution Approving 4th Quarter Budget Supplementals, Connie Baker
4. Ordinance Approving Lease Agreements with Connect One, Subway,Ho Palace and Stubbies, Jodi Smith
5. Resolution Approving an Extension of an Intergovernmental Agreement with Garfield County for Child
Support Services, Nan Sundeen
6. An Ordinance of the Board of County Commissioners of Pitkin County, Colorado Accepting/Granting TBD
Easements with the City of Aspen
7. Resolution approving an intergovernmental agreement with the Regional Transportation Planning Region as
established by the Colorado Department of Transportation,Brian Pettet
8. Ordinance Authorizing Entering into a Tower Space Lease Agreement and Donation Agreement with
Cimarron Communications CO,LLC,Phylis Mattice
Individual Consideration Items/Public Hearing, One Reading:
Individual Consideration Items/Public Hearing, 2nd Readings:
9. Resolution Approving and Intergovernmental Agreement with Eagle County for Public Health Planning
Services,Karen Koenemann
10. Ordinance Authorizing Lease Agreement with Aspen Skiing Company for Loge Communication Site,Kara
Silbernagel
Individual Consideration Items/Emergency Ordinance and Resolution Confirmatory Reading:
Land Use Items:
Land Use Public Hearings:
11. Resolution-Celestial Land Company Ltd Reinstatement of Vested Rights- Continued from 10/11/17(PN
9/7/17), Suzanne Wolff
12. Resolution Approving an Extension of Vested Rights for GSS Assets LLC/Sun Mesa Property, Suzanne
Wolff
13. TDR Program Annual Update, Suzanne Wolff
14. Henderson Appeal of BOA Resolution Denying Variance Request#002-2017,PH (PN 11/23/17), Joanna
Schaffner
AGENDA and TIMES ARE SUBJECT TO CHANGE
Land Use Actions:
Open Discussion
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE
tICKIN Board of Commissioners
' COUNT1( Work Session Agenda
TUESDAY,DECEMBER 12,2017, 10:00 AM
Q/D.C\ Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other,staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
10:00 AM Joint Executive Session with Open Space& Trails Board(Mezzanine Room)
10:00 AM SPECIAL MEETING EXECUTIVE SESSION
Land Acquisitions CRS 24-6-402(a)
Negotiations CRS 24-6-402 (e)
Discussion with Legal Counsel CRS 24-6-402 (4)(b)
11:45 AM Break for lunch-Library Community Room(Lunch provided by BOCC)
12:00 PM Joint Meeting with Open Space& Trails Board
1:00 PM SPECIAL MEETING
1:00 PM Individual Consideration Items/Public Hearing,2nd Reading
1:00 PM Certification of Mill Levies,Public Hearing and Second Reading Budget Resolutions:
Adoption,Appropriation, Setting County Mill Levies, Connie Baker
1:15 PM Individual Consideration Items/First Readings set for Public Hearings on December 20,
2017:
1:15 PM Mental Health Services IGA,Nan Sundeen
1:30 PM Adjourn Special Meeting
1:30 PM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
1:30 PM SPECIAL MEETING-Board of Social Services,Nan Sundeen(1 hr.)INVITED GUESTS-
DO NOT MOVE TIME
2:30 PM Break
2:45 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
AGENDA and TIMES ARE SUBJECT TO CHANGE
2:45 PM X-Games Permitting Update,Mike Kraemer(15 minutes)
3:00 PM Review of Future Agenda Calendar- Work Session/Regular Meeting (15 minutes)
3:15 PM Discussion Items/Open Discussion
No formal written materials
3:15 PM Airport Update,John Kinney(15 minutes)
3:30 PM Board Open Discussion(15 Minutes)
3:45 PM Department Updates and Board Membership Reports
Department Updates provide an opportunity for staff to share accomplishments, trends, issues and
challenges with the Board. Board Membership Reports is time set aside for Board members to report on
the activities of other boards, commissions and entities they have been appointed to as representative of
Pitkin County.
5:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
trKIN Board of Commissioners
COUNT1 Work Session Agenda
TUESDAY,DECEMBER 19,2017, 10:00 AM
Q/D• G Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other,staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
10:00 AM SPECIAL MEETING-EXECUTIVE SESSION
12:00 AM Adjourn for Executive Session
1:00 PM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
2:00 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
2:15 PM Future Agendas Work Session and Regular Meeting Review(15 minutes)
3:00 PM Break
3:15 PM Discussion Items/Open Discussion
No formal written materials
3:15 PM Building Project Update,Rich Englehart,Chandler Diemond(15 minutes)
3:30 PM Board Open Discussion(15 Minutes)
3:45 PM Department Updates and Board Membership Reports
Department Updates provide an opportunity for staff to share accomplishments, trends, issues and
challenges with the Board. Board Membership Reports is time set aside for Board members to report on
the activities of other boards, commissions and entities they have been appointed to as representative of
Pitkin County.
5:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
41)friCKIN Board of Commissioners
COUNT1 Regular Meeting Agenda
WEDNESDAY,DECEMBER 20,2017, 12:00 PM
@ D• Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
Additions/Deletions to Agenda
Public Comments(please limit to 3 minutes per speaker unless otherwise advised by the Chair)
Commissioner Comments
Consent Items: Consent items are generally perceived as non-controversial and allow the Board to spend its time on more
complex items elsewhere on the agenda.A Board member or member of the public may ask for a Consent item be removed for
individual consideration.Consent items typically have been discussed in work sessions with the Board and are approved by a single
motion.
Consent Items-Single Reading:
1. Minutes of
2. Resolution Appointing Commissioners to Board and Committees for 2018 and Appointing Chair and Vice-
Chair, Jon Peacock
Consent Items Set for Public Hearing on January 10, 2018:
Individual Consideration Items:
Individual Consideration Items/First Readings set for Public Hearings on January 20, 2018:
Individual Consideration Items/Public Hearing, One Reading:
Individual Consideration Items/Public Hearing, 2nd Readings:
3. Resolution Approving 4th Quarter Budget Supplementals, Connie Baker
4. Ordinance Approving Lease Agreements with Connect One, Subway,Ho Palace and Stubbies, Jodi Smith
5. Resolution Approving an Extension of an Intergovernmental Agreement with Garfield County for Child
Support Services, Nan Sundeen
6. Resolution approving an intergovernmental agreement with the Regional Transportation Planning Region as
established by the Colorado Department of Transportation
7. Mental Health Services Intergovernmental Agreement(IGA),Nan Sundeen
8. Ordinance Authorizing Entering into a Tower Space Lease Agreement and Donation Agreement with
Cimarron Communications CO,LLC,Phylis Mattice
Individual Consideration Items/Emergency Ordinance and Resolution Confirmatory Reading:
Land Use Items:
Land Use Public Hearings:
9. Ordinance Amending Land Use Code Table 4-1 and Sec. 4-30-50(k)to include Special Event Venue as a
Special Review Use in the AR-2 Zone District- Continued FROM 11/15/17,Michael Kraemer
Redstone Castle Parcels Special Review for Special Event Venues,Activity Envelope and Site Plan Review-
Continued from 11/15/17,Michael Kraemer
Land Use Actions:
11. Aspen Valley Ranch Appeal of Lighting Permit Denial, Suzanne Wolff
Open Discussion
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE
p'fKIN Board of Commissioners
COUNT1 Work Session Agenda
TUESDAY,JANUARY 2,2018, 10:00 AM
Q/D• G Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other,staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
10:00 AM SPECIAL MEETING-EXECUTIVE SESSION
12:00 PM Adjourn for Executive Session
12:00 PM Lunch Break
1:00 PM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
2:00 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
2:00 PM Energy Addendum Discussion, Brian Pawl(45 minutes)
3:00 PM Break
3:15 PM Discussion Items/Open Discussion
No formal written materials
3:15 PM Board Open Discussion(15 Minutes)
4:00 PM Department Updates and Board Membership Reports
Department Updates provide an opportunity for staff to share accomplishments, trends, issues and
challenges with the Board. Board Membership Reports is time set aside for Board members to report on
the activities of other boards, commissions and entities they have been appointed to as representative of
Pitkin County.
5:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
p'fKIN Board of Commissioners
COUNT1 Work Session Agenda
TUESDAY,JANUARY 9,2018, 10:00 AM
Q/D• G Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other,staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
10:00 AM SPECIAL MEETING-EXECUTIVE SESSION
12:00 PM Adjourn for Executive Session
12:00 PM Lunch Break
1:00 PM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
1:30 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
1:30 PM Healthy Community Fund Discussion,Mitzi Ledingham(1 hour)
2:30 PM Commissioner Appointments to Boards and Committees, Jon Peacock(15 minutes)
2:45 PM Comcast Franchise Agreement Discussion,Phylis Mattice (30 minutes)
3:15 PM Review of Future Agenda Calendar-Work Session/Regular Meeting (15 minutes)
3:30 PM Break
3:45 PM Discussion Items/Open Discussion
No formal written materials
3:45 PM Board Open Discussion(15 Minutes)
5:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
priCKIN Board of Commissioners
COUNT1 Regular Meeting Agenda
WEDNESDAY,JANUARY 10,2018, 12:00 PM
@ D• Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
Additions/Deletions to Agenda
Public Comments(please limit to 3 minutes per speaker unless otherwise advised by the Chair)
Commissioner Comments
Consent Items: Consent items are generally perceived as non-controversial and allow the Board to spend its time on more
complex items elsewhere on the agenda.A Board member or member of the public may ask for a Consent item be removed for
individual consideration.Consent items typically have been discussed in work sessions with the Board and are approved by a single
motion.
Consent Items-Single Reading:
1. Minutes of
2. Resolution to Appoint Commissioners to 2018 Boards and Committees, Jon Peacock
Consent Items Set for Public Hearing on DATE:
Individual Consideration Items:
Individual Consideration Items/First Readings set for Public Hearings on DATE:
Individual Consideration Items/Public Hearing, One Reading:
Individual Consideration Items/Public Hearing, 2nd Readings:
Individual Consideration Items/Emergency Ordinance and Resolution Confirmatory Reading:
Land Use Items:
Land Use Public Hearings:
Land Use Actions:
Open Discussion
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE
trKIN Board of Commissioners
COUNT1 Work Session Agenda
TUESDAY,JANUARY 16,2018, 10:00 AM
Q/D• G Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other,staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
1:00 PM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
1:00 PM Carbondale to Crested Butte Trail Project Update, Gary Tennenbaum(90 min)
2:30 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
2:30 PM Drop and Swap Financial Overview, Cathy Hall(1 hour)
3:30 PM Break
3:45 PM Discussion Items/Open Discussion
No formal written materials
3:45 PM Board Open Discussion(15 Minutes)
5:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
‘pt1'K IN Board of Commissioners
COUNT1 Work Session Agenda
TUESDAY,JANUARY 23,2018, 1:00 PM
Q/D• G Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
A work-session agenda is structured to give the Board of Commissioners an opportunity to touch base with each other,staff,and
invited community members and organizations to discuss and work through issues the County is facing,but not ready to take official
action on at a regular board meeting. Work sessions are open to the public(with exception of executive session). However,public
input is typically not taken during a work session unless specifically asked for by the Board.
1:00 PM Staff/Community Presentations
This is time set aside for staff and community partners to formally present community or organizational
issues that may lead to future Board action.
1:00 PM Special District Dissolutions,Jeanette Jones(30 minutes)
2:00 PM Upcoming Regular Meeting Items
This portion of the agenda is intended to: 1)Provide the Board and Staff an opportunity to discuss items
that will come before the Board and public for formal adoption at a future Regular Meeting/Public
Hearing, 2) To review the calendar of business for future Board Work Sessions and Regular Meetings 3)
Review Budget Supplemental Requests
3:00 PM Break
3:15 PM Discussion Items/Open Discussion
No formal written materials
3:15 PM Board Open Discussion(15 Minutes)
4:00 PM Department Updates
Department Updates provide an opportunity for staff to share accomplishments, trends, issues and
challenges with the Board. Board Membership Reports is time set aside for Board members to report on
the activities of other boards, commissions and entities they have been appointed to as representative of
Pitkin County.
5:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
piCKIN Board of Commissioners
COU N T� Regular Meeting Agenda
WEDNESDAY,JANUARY 24,2018, 12:00 PM
@/-DEC--N Pitkin County Library-Dunaway Community Room
120 N Mill St,Aspen, CO 81611
Additions/Deletions to Agenda
Public Comments(please limit to 3 minutes per speaker unless otherwise advised by the Chair)
Commissioner Comments
Consent Items: Consent items are generally perceived as non-controversial and allow the Board to spend its time on more
complex items elsewhere on the agenda.A Board member or member of the public may ask for a Consent item be removed for
individual consideration.Consent items typically have been discussed in work sessions with the Board and are approved by a single
motion.
Consent Items-Single Reading:
1. Minutes of
Consent Items Set for Public Hearing on February 14:
Individual Consideration Items:
Individual Consideration Items/First Readings set for Public Hearings on February 14:
Individual Consideration Items/Public Hearing, One Reading:
Individual Consideration Items/Public Hearing, 2nd Readings:
Individual Consideration Items/Emergency Ordinance and Resolution Confirmatory Readina:
Land Use Items:
Land Use Public Hearings:
Land Use Actions:
Open Discussion
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE