HomeMy WebLinkAboutbocc.packet.ws.12-14-2021 pirKI N Board of Commissioners
COUNT1 Work Session Agenda
TUESDAY,DECEMBER 14,2021, 10:00 AM
QZ-D• G BOCC Meeting Room, 1st Floor
530 E Main St,Aspen,CO 81611
(Commissioner Jaocober not attending)
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 an 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
Proposed items for possible discussion at the executive session:
Airport FBO options and potential lease structure negotiations; legal advice relative to lease
structure and option for lease amendments and FAA airport requirements,
Pursuant to CRS 42-6-402 4(b)and(e)
Pitkin Park Place,Damage to Common Elements; discussion with counsel;
Pursuant to CRS 42-6-402 4(b)
Negotiation regarding improving electric systems based at the airport and public works facilities
Pursuant to CRS 42-6-402 4(e)
11:55 AM Adjourn 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.
1:00 PM Construction&Demolition Ordinance Update-Michael Port&Cathy Hall(30 minutes)
1:30 PM X-Games 2022 Update- Suzanne Wolff(45 minutes)
2:15 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
2:15 PM Discussion Regarding an Emergency Resolution of the Board of County Commissioner of Pitkin
County, Colorado,Authorizing the Chair to Sign an Airport Rescue Grant Agreement with the
Federal Aviation Administration for Operation Expenses and Debt Service Payments for the
Aspen/Pitkin County Airport/Sardy Field-Dan Bartholomew(15 minutes)
2:30 PM Review of Future Agenda Calendars-Work Session/Regular Meeting(15 Minutes)
AGENDA and TIMES ARE SUBJECT TO CHANGE
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2:45 PM Break
3:00 PM Discussion Items/Open Discussion
No formal written materials
3:00 PM Board Open Discussion(15 Minutes)
3:15 PM Electronic Public Comment Demonstration-Julia Ely(15 minutes)
3:30 PM Airport Advisory Board Discussion(15 minutes) -Rich Englehart
3:45 PM 2022 Calendar, Board Appointments and Discretionary Fund Discussion(30 minutes)
4:15 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
2
AGENDA ITEM SUMMARY
WORK SESSION DATE: December 14, 2021
AGENDA ITEM TITLE: Construction&Demolition (C&D) Ordinance Update
STAFF RESPONSIBLE: Michael Port, C&D Diversion Specialist
Cathy Hall, Solid Waste Director
ISSUE STATEMENT:
Year to date in 2021 the Pitkin County Solid Waste Center(SWC) has accepted 28,945 tons of
construction and demolition(C&D) debris; this makes up 54% of buried waste in the landfill.
Including the current landfill expansion project, the landfill has approximately eight years of
capacity remaining. On April 22, 2020 the Pitkin County Board of County Commissioners
adopted Ordinance 015-2020, in an effort to increase diversion of C&D material within the
County. The SWC is presenting the impact of these efforts after one year of full implementation.
BACKGROUND:
A 2016 visual waste sort of the incoming C&D material determined that 35% of the material could
be diverted through existing programs at the SWC. The SWC's current C&D material diversion
programs include scrap metal, appliances, concrete and porcelain, asphalt, dirt and rock, cardboard,
pallets and untreated lumber, and organics.
The C&D Ordinance instituted new requirements for obtaining construction and demolition permits
within unincorporated Pitkin County beginning October 26, 2020.
• Construction and demolition projects within unincorporated Pitkin County are reviewed as
part of the ComDev permitting process.
• Projects pay a refundable diversion compliance deposit based on the project's estimated
waste. The Per Ton Rate is set at $1,000 per ton of estimated waste.
• Projects use the Green Halo waste tracking system to track waste and diverted materials.
• At project completion, projects use Green Halo to generate a waste diversion report.
• The diversion compliance deposit may be refunded at the end of the project according to the
policy:
Full Refund—A minimum of 25% of total project waste (by weight) is diverted from trash.
Partial Refund(50%of deposit returned) - At least 20% of total waste (by weight) is diverted
from trash.
No Refund- If less than 20% of the total waste (by weight)is diverted from trash.
C&D Ordinance Progress
During summer and fall of 2020, Green Halo C&D management software was integrated with
ComDev's permit system (Sages) and SWC scale software. SWC staff worked closely with ComDev
to integrate program requirements into the permitting process including: plan review, calculating
3
diversion compliance deposit amounts, and issuing deposit refunds. Since inception, 140 permitted
projects are enrolled in the program implementing the ordinance, entitled the C&D Debris Recovery
Program.
SWC staff communicates with contractors and owners throughout the permitting and construction
process and provides outreach and education materials on proper C&D waste management practices.
Education and outreach activities include: virtual and in-person meetings with contractors,job site
visits, quarterly webinars, curated resources and tools on the SWC website and recently a two-day
deconstruction workshop.
Green Halo has proven an effective tool to administer the program with the ability to collect and
analyze data on waste diversion. Approximately 3,000 tons of waste, recycling, and reuse materials
have been tracked, with 1/3 of active projects reporting data. The program is currently reporting a
70.84%waste diversion rate.
Program to Date Waste Diversion Data
Recovery Totals
Salvaged,Recycled,and Disposed by Tons
Okposed 874 01 0
OVERALL RECOVERY TRENDS
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Overall Recovery Rate Non InertRecovery Rate Inert Recovery Rate
70.84% 23.12% 99.28%
Per Ton Rate Analysis
The $1,000 per ton deposit rate appears to be an effective incentive, however based on still limited
project data. To date 14 projects have been completed, with 13 of those projects receiving a 100%
refund. One project received a 50%refund. Staff estimated in the 2022 budget 30% of deposits will
be kept so it is anticipated that more projects will fail to comply than have so far.
Future Planning
Planning for the Motherlode Mercantile is currently underway with construction estimated to begin
in summer 2022. The new facility was approved for two new FTEs and it will increase our capacity
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to divert reusable materials from the landfill. A marketing and education campaign is currently under
development.
Staff hosted a"C&D Roundtable"with government representatives from Aspen, Snowmass Village,
Basalt and Carbondale to discuss challenges of managing construction waste in the Roaring Fork
Valley in June 2021. Snowmass and Basalt expressed interest in partnering with Pitkin County to
incorporate the C&D ordinance program within their local building process. Staff presented the
C&D diversion program to Snowmass and Basalt Councils on August 9th and 24th respectively this
year. SWC staff will continue to work with these municipalities to coordinate and provide support on
C&D diversion ordinances.
Staff plan to do a C&D waste composition study during summer 2022. A C&D waste composition
study will allow staff to determine if the new pricing and deposit-refund program are affecting our
recycling rate.
Staff are also looking to develop C&D processing capabilities at the SWC in the coming years. This
would allow the SWC to accept mixed loads of C&D material and separate the materials for
recycling. Staff will begin conducting field visits to other C&D processing sites in 2022 for research.
SUMMARY
Pitkin County's C&D diversion ordinance has had a successful implementation. To date the program
is reporting a 70%waste diversion rate. Staff will continue to work on expanding the program to
neighboring municipalities, work to develop markets for difficult to recycle items and research and
plan for C&D processing capabilities in the future.
LINK TO STRATEGIC PLAN:
Conserve Natural Resources and Environment of the Flourishing Natural and Built Environment
Core Focus Area of the Pitkin County Strategic Plan.
KEY DISCUSSION ITEMS:
Does the BOCC support the SWC's C&D diversion initiative to date?
BUDGET IMPACT:
No budget impact at this time.
RECOMMENDED BOCC ACTION:
Continue to support the SWC initiative on C&D waste diversion.
Attachments:
1. Material Diversion Statistics
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ATTACHMENT 1
[ih Overview
Plan Reports Project History Reports Project Status Reports Total Tonnage Reports Ticket Export Share Report API Log
*Material does not count towards Recycling Totals
Current Real-Time Statistics Completed Projects Only
Material Totals
Salvaged, Recycled,and Disposed by Tons
Asphalt-Pavement and Grinding:251.06
Wood-Clean:34.17
Cardboard and Paper Products: 1.71
Waste(Trash):746.79 Compost:20.23
Rock,Sand,Gravel and other inerts: 128.52
Mixed Recyclables:3.04
Mixed C and D Debris:96.91
Miscellaneous Debris:0.05
Metal:33.84 Concrete: 1,500.31
Green Waste*:8.49
eWaste:0.00
Dirt/Soil-Contaminated Non-Hazardous*: 14.29
Dirt/Soil-Clean Fill*:315.20
Deconstructed and Reuse Items:183.59
t1oo : � ma- ■ ■ . ■
■ ■ I • • ■ ■ - ! ■
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2021
Asphalt-Pavement and Grindin.Cardboard and Paper Products •Compost
•Concrete •Deconstructed and Reuse Items•Dirt/Soil-Clean Fill*
•Dirt/Soil-Contaminated Non-Haz c Watte •Green Waste*
•Metal •Miscellaneous Debris •Mixed C and D Debris
•Mixed Recyclables •Rock,Sand,Gravel and other indt9Naste(Trash)
•Wood-Clean
Material Statistics
*Material does not count towards Recycling Totals
Print Page Download as Excel
Material Proj.Tkts Dive/ Total Total Reused Reused Recycled Recycled Disposed Disposed
(tons) (percentage) (tons) (percentage)(tons) (percentage) (tons) (percentage)
Asphalt-Pavement and Grinding 2 20 100% 251.06 8.37% 0.00 0.00% 251.06 8.37% 0.00 0.00%
Cardboard and Paper Products 5 6 98.1% 1.71 0.06% 0.00 0.00% 1.68 0.06% 0.03 0.00%
Compost 2 8 0% 20.23 0.67% 0.00 0.00% 0.00 0.00% 20.23 0.67%
Concrete 22 165 99.27% 1,500.31 50.01% 0.00 0.00% 1,489.41 49.64% 10.90 0.36%
Deconstructed and Reuse Items 10 31 100% 183.59 6.12% 183.59 6.12% 0.00 0.00% 0.00 0.00%
Dirt/Soil-Clean Fill* 6 26 N/A 315.20 9.51% N/A N/A N/A N/A N/A N/A
Dirt/Soil-Contaminated Non-Hazardous* 1 4 N/A 14.29 0.47% N/A N/A N/A N/A N/A N/A
eWaste 1 1 100% 0.00 0.00% 0.00 0.00% 0.00 0.00% 0.00 0.00%
Green Waste* 4 5 N/A 8.49 0.28% N/A N/A N/A N/A N/A N/A
Metal 19 43 98.32% 33.84 1.13% 0.00 0.00% 33.27 1.11% 0.57 0.02%
Miscellaneous Debris 1 1 95% 0.05 0.00% 0.00 0.00% 0.05 0.00% 0.00 0.00%
Mixed C and D Debris 15 38 4.27% 96.91 3.23% 0.00 0.00% 4.14 0.14% 92.77 3.09%
Mixed Recyclables 6 10 97.14% 3.04 0.10% 0.00 0.00% 2.95 0.10% 0.09 0.00%
Rock,Sand,Gravel and other inerts 9 16 97.89% 128.52 4.28% 0.00 0.00% 125.81 4.19% 2.71 0.09%
Waste(Trash) 34 301 0% 746.79 24.89% 0.00 0.00% 0.00 0.00% 746.79 24.89%
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Material Proj.Tkts Div 0/0 Total Total Reused Reused Recycled Recycled Disposed Disposed
(tons) (percentage) (tons) (percentage)(tons) (percentage) (tons) (percentage)
Wood-Clean 12 30 97.57% 34.17 1.14% 0.00 0.00% 33.34 1.11% 0.83 0.03%
Totals 149 705 70.84%3,000.22 100% 183.59 6.12% 1,941.72 64.72% 874.91 29.16%
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AGENDA ITEM SUMMARY
WORK SESSION MEETING DATE: December 14, 2021
AGENDA ITEM TITLE: ESPN Winter X Games Aspen 2022
STAFF RESPONSIBLE: Suzanne Wolff, Assistant Director
ISSUE STATEMENT: ESPN has submitted a Special Event Permit application for the 2022
ESPN Winter X Games at Buttermilk Ski Area (competition dates January 21-23). The 2022
event will be a spectator event.
This work session provides the opportunity to inform the BOCC of the progress of the permit
process, and to get input from the BOCC on specific topics. ESPN representative Vanessa
Anthes will be available virtually for questions and clarifications for the 2022 event. Pitkin
County Sheriff's Office (PCSO), Aspen Ambulance District (AAD) and Pitkin County Public
Health(PCPH) staff may also attend.
SUMMARY:
• The event will be self-contained (fenced) and separate from Aspen Skiing Company's (ASC)
winter operation, which will continue on Buttermilk Mountain during the event.
• Anyone associated with the event (staff, athletes, vendors and spectators) will be required to
show proof of vaccination prior to access into the event venue.
• All persons will be required to show proof of vaccination in order to receive a vaccination
wristband for venue access.
• All X Games event areas will be closed off with a hard fence line that will have a security
check point to show the vaccination wristband.
• Event will be open to the public with proof of vaccination.
• The event will have a maximum of 7,000 spectators at one given time and 1,500 credentialed
staff (production, medical/safety personnel, event staff, security), athletes, vendors and
guests
• No concerts.
• Ski and snowboard competitions only; no motor sports.
• No public parking on-site. Shuttles from Aspen, Snowmass Village and Brush Creek Park
and Ride.
1
8
KEY DISCUSSION ITEMS:
Special Event Permit: An online Special Event Permit application has been submitted detailing
the operations and activities for the X Games. PCPH, PCSO, AAD, Aspen Fire Protection
District, ASC, Pitkin County Building Department, Pitkin County Road & Bridge, and Pitkin
County Airport have all reviewed the request. As in past years, the permit will be finally
approved and issued by Community Development and PCSO.
COVID-19 Mitigation Plan: The Applicant has been working closely with Pitkin County Public
Health to address State and County regulations and guidelines in order to ensure the safety of all
attendees and lessen the risk of COVID-19 transmission.
LINK TO STRATEGIC PLAN: These topics link the Core Focus of"Livable and Supportive
Community" and the (1) Success Factor of"a sense of personal and community safety".
BUDGETARY IMPACT: None at this time.
RECOMMENDED BOCC ACTION: Informational only.
ATTACHMENTS:
A. Spectator Map
B. Guest Information
C. Transportation Information
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VENUE HOURS
FRIDAY 11:00 a.m.-9:30 p.m.
41, SATURDAY 10:00 a.m.-9:30 p.m.
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X Games Dates & Hours
X Games Aspen 2022 is a FREE event that kicks off on Friday,January 21st and goes through Sunday,January
23rd at Buttermilk in Aspen, Colorado. Over 100 of the top winter athletes will take center stage and compete
in the biggest snow sport event of the year and includes interactive festival activations and LIVE DJ
performances throughout the weekend.
X Games Venue Hours:
Friday,January 21st 11:00 a.m.-9:30 p.m.* (X Fest 12:00 p.m.-8:00 p.m.)
Saturday,January 22"d 10:00 a.m.-9:30 p.m.* (X Fest 12:00 p.m.-8:00 p.m.)
Sunday,January 23rd 10:00 a.m.-6:00 p.m.* (X Fest 12:00 p.m.-6:00 p.m.)
*Buttermilk is open to the public daily from 9:00 a.m. -4:00 p.m.
X Games Aspen 2022 Venue Information
Buttermilk in Aspen, Colorado will host X Games Aspen 2022 for its 21st consecutive year.The mountain will be
in full operation during X Games Aspen and does not require proof of vaccination for lift access or Ski &
Snowboard School lessons, or in market-style restaurants, rental shops or ticket offices. However, proof of
vaccination will be required for entrance into any X Games Aspen spectator viewing and festival locations. See
below for X Games COVID-19 guidelines.
X Games Aspen 2022 COVID-19 Guidelines
All fans 12 and over will be required to provide proof of full COVID-19 vaccination along with photo
identification that matches the vaccination documentation in order to be admitted into any X Games Aspen
spectator viewing and festival locations. Fans 11 and under* will be admitted to X Games Aspen spectator
viewing and festival locations without proof of COVID-19 vaccination, however, must be accompanied by a
fully vaccinated adult at all times and will only have access to outdoor areas within the spectator viewing and
festival locations. All unvaccinated fans between the ages of 2 and 12 will be required to wear a form fitted
facemask at all times.
*If vaccine age restrictions are updated prior to the event dates, the policy may be adjusted accordingly.
Fully Vaccinated
"Full vaccination" means 14 days or more following the final dose of a US FDA approved or WHO recognized
vaccine against COVID-19 (e.g., Moderna, Pfizer,Johnson &Johnson, AstraZeneca/SK Bioscience, Serum
Institute of India/COVISHIELD and Vaxzevria, Sinopharm, and Sinovac).
Updated 12/6/2021 •All information subject to change.
11
Proof of Vaccination
Acceptable proof of vaccination documentation may be an original, physical, or digital copy of your COVID-19
Vaccination Record Card, or via the myColorado app's SMART Health Card. Proof of vaccination needs to be
accompanied by a valid photo ID.
Masks
Masks must be worn in all indoor X Games spectator areas, except when actively eating and/or drinking.All
unvaccinated fans between the ages of 2 and 12 will be required to wear a form fitted facemask at all times.
Vaccination Card Check Points
X Games Aspen proof of vaccination card check points will be available to spectators in advance of the event
at specific locations and hours, as well as onsite at the main entrance into X Games at Buttermilk.
X Games Main Entrance @ Buttermilk
Thursday,January 20th 11:00 a.m.—3:00 p.m.
Friday,January 21" 9:00 a.m.—9:30 p.m.
Saturday,January 22nd 9:00 a.m.—9:00 p.m.
Sunday,January 23rd 9:00 a.m.—7:30 p.m.
Rubey Park Transit Center,Aspen
Thursday,January 20th 2:00 p.m.—5:00 p.m.
Brush Creek Park&Ride
Friday,January 21" 5:00 p.m.—8:00 p.m.
Saturday,January 22nd 11:00 a.m.—8:00 p.m.
More Event Information
Event information and guidelines are subject to change. For the most up-to-date event information visit
www.xgames.com.
Updated 12/6/2021 •All information subject to change.
12
Common Questions
What is considered "Fully Vaccinated"?
• "Full vaccination"means 14 days or more following the final dose of a US FDA approved or WHO recognized
vaccine against COVID-19(e.g., Moderna, Pfizer,Johnson&Johnson,AstraZeneca/SK Bioscience,Serum
Institute of India/COVISHIELD and Vaxzevria,Sinopharm, and Sinovac).
How do I show proof of vaccination when I arrive?
• Acceptable proof of vaccination documentation may be an original, physical, or digital copy of your
COVID-19 Vaccination Record Card, or via the myColorado app's SMART Health Card. Proof of
vaccination needs to be accompanied by a valid photo ID.
What if I forget my proof of vaccination?
• Although you won't be able to access X Games Aspen premium spectator viewing and festival areas,
you will still be able to access the Buttermilk venue, with perimeter viewing of X Games Aspen.
What if I have a medical condition or religious belief that exempts me from getting vaccinated?
• Although you won't be able to access X Games Aspen premium spectator viewing and festival areas,
you will still be able to access the Buttermilk venue, with perimeter viewing of X Games Aspen.
What about fans under the age of 12?
• Fans 11 and under will be admitted to all X Games Aspen spectator viewing and festival locations
without proof of COVID-19 vaccination, however, they must be accompanied by a fully vaccinated
adult at all times and will only have access to outdoor areas within the spectator viewing and festival
locations. All unvaccinated fans between the ages of 2 and 12 will be required to wear a form fitted
facemask at all times. Any unaccompanied fans under the age of 12 can still access Buttermilk venue,
with perimeter viewing of X Games Aspen.
Will I still have to wear a mask?
• Masks must be worn in all indoor X Games spectator areas, except when actively eating and/or
drinking.All unvaccinated fans between the ages of 2 and 12 will be required to wear a form fitted
facemask at all times in outdoor X Games spectator viewing and festival areas.
Can I avoid the crowds and get my vaccination card checked before I arrive to X Games?
• X Games Aspen proof of vaccination card check points will be available to fans in advance of the event
at specific locations and hours, as well as onsite at the main entrance into X Games at Buttermilk. Click
here for the most current schedule of vaccination card check points.
How can I get up close to the X Games Aspen competitions?
• In order to access X Games Aspen premier viewing areas, you must provide proof of full COVID-19
vaccination at any of the X Games Aspen vaccination check points. Once your vaccination status has
been validated, you will receive a wristband granting you access to the premier X Games Aspen
spectator viewing and festival locations at Buttermilk.
Will I have to have my vaccination card checked each day?
• No, once you have your vaccination status validated, you will receive a wristband valid for all three
event days. Be sure not to remove the wristband, or you will have to return to an X Games Aspen
vaccination check point for revalidation.
Updated 12/6/2021 •All information subject to change.
13
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R A NSPORTATION• . INFO
PARKING
There is NO event parking on-site at Buttermilk Mountain for X Games.FREE Event Parking is located at the Brush Creek Intercept Lot at Highway 82
and Brush Creek Road,with complimentary shuttles provided to X Games. Paid parking is available in Downtown Aspen and Snowmass Village,with
dedicated X Games event shuttles departing from Ruby Park(Aspen)and Snowmass Village Mall(Snowmass Village).
PUBLIC TRANSPORTATION
Roaring Fork Transportation Authority(RFTA)provides extensive bus services above and beyond the X Games shuttle schedule listed above. For a
complete list of bus stops,days and times throughout Aspen,Snowmass,Brush Creek Intercept Lot,Basalt and beyond,visit www.rfta.com.
SHUTTLES TO X GAMES SHUTTLES FROM X GAMES
FROM Brush Creek Intercept Lot,Ruby Park in Downtown
Aspen and Snowmass Village Mall TO Brush Creek Intercept Lot,Ruby Park(Aspen)and
Friday,January 21st 10:30 a.m.—8:30 p.m. Snowmass Village Mall(Snowmass Village).Last bus
Saturday,January 22"d 9:30 a.m.— 8:00 p.m. departs X Games one hour after the final competition.
Sunday,January 23rd 9:30 a.m.— 6:30 p.m.
Friday,January 215t 10:30 a.m.—10:30 p.m.
FROM Aspen Highlands Saturday,January 22"d 9:30 a.m.—10:00 p.m.
Friday,January 21st 10:30 a.m.—5:15 p.m. Sunday,January 23rd 9:30 a.m.—8:30 p.m.
Saturday,January 22"d 9:30 a.m.— 5:15 p.m.
Sunday,January 23rd 9:30 a.m.— 5:15 p.m.
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RIDE SHARE
Pick up for all ride share transportation(Uber,Lyft,Taxi etc.)is located at Buttermilk Mountain on
E.Buttermilk Road.*There is NO STOPPING or drop-off along Highway 82.
14
12/03/21
AGENDA ITEM SUMMARY
WORK SESSION MEETING DATE: December 14, 2021
AGENDA ITEM TITLE: EMERGENCY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AUTHORIZING THE CHAIR TO SIGN AN AIRPORT RESCUE
GRANT AGREEMENT WITH THE FEDERAL AVIATION
ADMINISTRATION FOR OPERATION EXPENSES AND
DEBT SERVICE PAYMENTS FOR THE ASPEN/PITKIN
COUNTY AIRPORT/SARDY FIELD
STAFF RESPONSIBLE: Dan Bartholomew, Aspen/Pitkin County Airport Director
ISSUE STATEMENT: Requesting adoption of the attached Emergency Resolution that will allow
the acceptance of the electronic Airport Rescue Grant, Grant No. 3-08-0003-060-2022 for the
Aspen/Pitkin County Airport.
BACKGROUND: The confirmation of Emergency Resolution is needed due to the grant agreement
execution deadline which is December 31, 2021. In order to make an application deadline, the
normal second reading timeframe and formal adoption would not have allowed for staff to meet the
expiration date.
This Airport Rescue Grant is provided in accordance with the American Rescue Plan Act(ARPA or
"the Act"), to provide eligible Airport Sponsors with funding for costs related to operations,
personnel, cleaning, sanitization,janitorial services, combating the spread of pathogens at the
airport, and debt service payments.
The purpose of this Airport Rescue Grant is to prevent,prepare for, and respond to the coronavirus
pandemic. Funds provided under this ARP Grant Agreement must only be used for purposes directly
related to the airport. Such purposes can include the reimbursement of an airport's operational and
maintenance expenses or debt service payments in accordance with the limitations prescribed in the
Act. Airport Rescue Grants may be used to reimburse airport operational and maintenance expenses
directly related to Aspen-Pitkin County/Sardy Field incurred no earlier than January 20, 2020.
Airport Rescue Grants also may be used to reimburse a Sponsor's payment of debt service where
such payments occur on or after March 11, 2021. Funds provided under this Airport Rescue Grant
Agreement will be governed by the same principles that govern"airport revenue."New airport
development projects not directly related to combating the spread of pathogens and approved by the
FAA for such purposes, may not be funded with this Grant. Funding under this Grant for airport
development projects to combat the spread of pathogens will be reallocated using an addendum to
the Agreement for identified and approved projects.
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To enter into this agreement, the sponsor do the following:
• The governing body must provide authority to execute the grant to the individual signing the
grant; i.e. the sponsor's authorized representative.
• The sponsor's authorized representative must execute the grant, followed by the attorney's
certification, no later than December 31, 2021 in order for the grant to be valid.
• May not make any modification to the text, terms or conditions of the grant offer.
• The grant offer must be digitally signed by the sponsor's legal signatory authority and then
the grant offer will be routed via email to the sponsor's attorney. Once the attorney has
digitally attested to the grant, an email with the executed grant will be sent to all parties.
LINK TO STRATEGIC PLAN: Prosperous Economy: Sustainable economy and employment.
KEY DISCUSSION ITEMS:
As part of the American Rescue Plan Act(ARPA), the Aspen/Pitkin County Airport, on July 16,
2021, applied for the funds associated with the Airport Rescue Grant program, established through
the federal Airport Rescue Plan Act(ARPA). This application was subsequently accepted by the
Federal Aviation Administration (FAA). On November 17, 2021, the FAA formally awarded a grant
to the airport sponsor(Pitkin County), in the amount of$3,901,078. In order for the airport the
Airport to draw upon these funds, the airport sponsor must accept the grant offer, no later than
December 31, 2021.
Under this Grant Offer, the maximum obligation of the United States is $3,901,078. The
performance period for this begins on the date the Sponsor formally accepts this agreement, and is
the date signed by the last Sponsor signatory to the agreement. The end date of the period of
performance is 4 years (1,460 calendar days) from the date of acceptance. The period of
performance end date shall not affect, relieve, or reduce the Sponsor obligations and assurances that
extend beyond the closeout of this Grant Agreement, and the Sponsor may charge to the Grant, only
allowable costs incurred during the period.
At this time, staff f has no formal recommended use for these funds but, will be bring forward a plan
for public discussion once the process has been fully authorized and executed.
BUDGETARY IMPACT: The federal Aviation Administration will pay 100%percent of the
allowable costs incurred as a result of and in accordance with this Grant Agreement. No
matching funds are needed however, once the use has been determined the funds will need to be
appropriated as these were not included in the department's budget recommendations.
RECOMMENDED BOCC ACTION: It is recommended that the Pitkin County Board of
County Commissioners directs staff to bring the Emergency Resolution for the acceptance of an
electronic Airport Rescue Grant, Grant Offer, Grant No. 3-08-0003-060-2022 for the
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Aspen/Pitkin County Airport, forward to regular meetings for a first reading on December 15,
2021 followed by a second reading and public hearing on January 12, 2022.
ATTACHMENTS:
• Attachment 1 —Exhibit A - Resolution
• Attachment 2 - FAA Airport Rescue Grant Transmittal Letter
• Attachment 3 - FAA Airport Grant Agreement
• Attachment 4 -Airport Rescue Grant Application(Application for Federal Assistance
SF-424) Signed July 16, 2021
1
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Exhibit A
ATTACHMENT 1
EMERGENCY RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, AUTHORIZING THE CHAIR TO SIGN
AN AIRPORT RESCUE GRANT AGREEMENT WITH
THE FEDERAL AVIATION ADMINISTRATION FOR
OPERATION EXPENSES AND DEBT SERVICE
PAYMENTS FOR THE ASPEN/PITKIN COUNTY
AIRPORT/SARDY FIELD
RESOLUTION NO. , 2021
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
("HRC") official action by formal resolution shall be required for all actions of the Board of
County Commissioners ("BOCC") not requiring ordinance power on matters of significant
importance affecting citizens, and;
WHEREAS, Pursuant to Section 2.8.5 of the HRC the Board is authorized to approve
emergency resolutions, which shall become effective immediately upon adoption, and;
WHEREAS, Pitkin County is the owner, operator and sponsor of the Aspen/Pitkin County
Airport/Sardy Field, and;
WHEREAS, Pitkin County submitted an Airport Rescue Grant Application dated July 16,
2021, to the Federal Aviation Administration ("FAA") for a grant of Federal funds at or
associated with Aspen/Pitkin County Airport/Sardy Field, and;
WHEREAS, the FAA has awarded Pitkin County an Airport Rescue Grant in the amount of
$3,901.078, and;
WHEREAS, the purpose of the Airport Rescue Grant is to prevent,prepare for, and respond
to the Coronavirus Pandemic. Funds provided under the Airport Rescue Grant Agreement
must be used only for purposes directly related to the airport including reimbursement of
the airport's operational expenses or debt service payments, and;
WHEREAS, the FAA grant agreement contains certain assurances by and obligations of
Pitkin County as fully described in the grant agreement attached hereto as Exhibit A, and;
WHEREAS, the BOCC finds that approval of this resolution is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this resolution effective immediately upon adoption and execution of the
grant agreement by the BOCC Chair.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a Resolution Authorizing the Chair to Sign an
Airport Rescue Grant Agreement with the Fefleral Aviation Administration for Operation
Expenses and Debt Service Payments for the Aspen/Pitkin Count Airport/Sardy Field and
authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney
18
as to form, execute any other associated documents necessary to complete this matter.
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON
THE DAY OF 2021 AND SET FOR CONFIRMATORY
PUBLIC HEARING ON THE DAY OF , 2021.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN
TIMES WEEKLY ON THE DAY OF 2021.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
EMERGENCY RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE DAY OF 2021.
CONFIRMED AT A PUBLIC HEARING ON THE DAY OF
2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE DAY OF 2021.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE DAY OF 2021.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY
PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE DAY OF
, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones Kelly McNicholas Kury, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
Revised 01-01-2021
2
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ATTACHMENT 2
111 U.S.Department Airports Division FAA DEN ADO
of Transportation Northwest Mountain Region 26805 E 68th Ave,Suite 224
ewe Federal Aviation Colorado,Utah,Wyoming Denver,CO 80249
Administration
Airport Rescue Grant Transmittal Letter
November 17,2021
Ms. Kelly McNicholas Kury, Chair
Pitkin County Board of Commissioners
530 East Main Street
Aspen, Colorado 81611
Dear Commissioner McNicholas Kury:
Please find the following electronic Airport Rescue Grant Offer, Grant No. 3-08-0003-060-2022 for
Aspen-Pitkin County Airport/Sardy Field .This letter outlines expectations for success. Please read and
follow the instructions carefully.
To properly enter into this agreement,you must do the following:
a. The governing body must provide authority to execute the grant to the individual signing the grant;
i.e.,the sponsor's authorized representative.
b. The sponsor's authorized representative must execute the grant,followed by the attorney's
certification, no later than December 31, 2021, in order for the grant to be valid.
c. You may not make any modification to the text, terms, or conditions of the grant offer.
d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then routed
via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email
with the executed grant will be sent to all parties.
Subject to the requirements in 2 CFR § 200.305, each payment request for reimbursement under this
grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant
Agreement for more information regarding the use of this System.The terms and conditions of this
agreement require you draw down and expend these funds within four years.
An airport sponsor may use these funds for costs related to operations, personnel, cleaning, sanitization,
janitorial services,combating the spread of pathogens at the airport, and debt service payments. Please
refer to the Airport Rescue Grants Frequently Asked Questions for further information.
With each payment request you are required to upload an invoice summary directly to Delphi.The
invoice summary should include enough detail to permit FAA to verify compliance with the American
Rescue Plan Act (Public Law 117-2).Additional details or invoices may be requested by FAA during the
review of your payment requests.
As part of your final payment request,you are required to include in Delphi:
• A signed SF-425, Federal Financial Report
• A signed closeout report (a sample report is available here).
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Until the grant is completed and closed,you are responsible for submitting a signed and dated SF-425
annually, due 90 days after the end of each Federal fiscal year in which this grant is open (due December
31 of each year this grant is open).
As a condition of receiving Federal assistance under this award, you must comply with audit
requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend
$750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note
that this includes Federal expenditures made under other Federal-assistance programs. Please take
appropriate and necessary action to assure your organization will comply with applicable audit
requirements and standards.
Jesse Lyman is the assigned program manager for this grant and is readily available to assist you and
your designated representative with the requirements stated herein. If you should have any questions,
please contact Jesse at Jesse.A.Lyman@faa.gov. The FAA sincerely values your cooperation in these
efforts.
Sincerely,
pi
Joh Bauer(Nov 17,2021 11:34 MST)
John P. Bauer
Manager, Denver Airports District Office
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ATTACHMENT 3
3-08-0003-060-2022
eal
of Transportation
Federal Aviation
Administration
AIRPORT RESCUE GRANT
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date November 17,2021
Airport/Planning Area Aspen-Pitkin County Airport/Sardy Field
Airport Rescue Grant No. 3-08-0003-060-2022 [Contract No. DOT-FA22NM-K1005]
Unique Entity Identifier 08-527-8844
TO: County of Pitkin, Colorado
(herein called the"Sponsor")(herein called the"Sponsor")(For Co-Sponsors,list all Co-Sponsor names.The word"Sponsor"in
this Grant Agreement also applies to a Co-Sponsor.)
FROM: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS,the Sponsor has submitted to the FAA an Airport Rescue Grant Application dated July 16,
2021,for a grant of Federal funds at or associated with Aspen-Pitkin County Airport/Sardy Field, which
is included as part of this Airport Rescue Grant Agreement; and
WHEREAS,the Sponsor has accepted the terms of FAA's Airport Rescue Grant offer;
WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor,
the FAA has approved the Airport Rescue Grant Application for the Aspen-Pitkin County Airport/Sardy
Field, (herein called the "Grant" or"Airport Rescue Grant") consisting of the following:
This Airport Rescue Grant is provided in accordance with the American Rescue Plan Act( "ARP Act", or
"the Act"), Public Law 117-2, as described below,to provide eligible Sponsors with funding for costs
related to operations, personnel, cleaning, sanitization,janitorial services, combating the spread of
pathogens at the airport, and debt service payments.Airport Rescue Grant amounts to specific airports
are derived by legislative formula (See Section 7102 of the Act).
The purpose of this Airport Rescue Grant is to prevent, prepare for, and respond to the coronavirus
pandemic. Funds provided under this Airport Rescue Grant Agreement must be used only for purposes
directly related to the airport. Such purposes can include the reimbursement of an airport's operational
expenses or debt service payments in accordance with the limitations prescribed in the Act.Airport
Rescue Grants may be used to reimburse airport operational expenses directly related to Aspen-Pitkin
County Airport/Sardy Field incurred no earlier than January 20, 2020. Airport Rescue Grants also may
be used to reimburse a Sponsor's payment of debt service where such payments occur on or after
March 11, 2021. Funds provided under this Airport Rescue Grant Agreement will be governed by the
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3-08-0003-060-2022
same principles that govern "airport revenue." New airport development projects not directly related to
combating the spread of pathogens may not be funded with this Grant. Funding under this Grant for
airport development projects to combat the spread of pathogens will be reallocated using an addendum
to this Agreement for identified and approved projects.
NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2,the
representations contained in the Grant Application, and in consideration of(a)the Sponsor's acceptance
of this Offer; and, (b)the benefits to accrue to the United States and the public from the
accomplishment of the Grant and in compliance with the conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay 100%percent of the allowable costs incurred as a result of and in
accordance with this Grant Agreement.
Assistance Listings Number(Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$3,901,078, allocated as follows:
$3,901,078 ARPA KV2022
2. Grant Performance.This Airport Rescue Grant Agreement is subject to the following Federal award
requirements:
a. The Period of Performance:
1. Shall start on the date the Sponsor formally accepts this agreement, and is the date signed
by the last Sponsor signatory to the agreement. The end date of the period of performance
is 4 years (1,460 calendar days)from the date of acceptance.The period of performance
end date shall not affect, relieve, or reduce Sponsor obligations and assurances that
extend beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date,which may include one or more funded portions, or budget periods.
(2 Code of Federal Regulations (CFR) § 200.1)
b. The Budget Period:
1. For this Airport Rescue Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR§
200.403(h),the Sponsor may charge to the Grant only allowable costs incurred during the
budget period.
2. Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to § 200.308.
c. Close out and Termination.
1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off) all obligations incurred under this award no later
than 120 calendar days after the end date of the period of performance. If the Sponsor
does not submit all required closeout documentation within this time period, the FAA will
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3-08-0003-060-2022
proceed to close out the Grant within one year of the period of performance end date with
the information available at the end of 120 days. (2 CFR § 200.344)
2. The FAA may terminate this Airport Rescue Grant, in whole or in part, in accordance with
the conditions set forth in 2 CFR§ 200.340, or other Federal regulatory or statutory
authorities as applicable.
3. Unallowable Costs.The Sponsor shall not seek reimbursement for any costs that the FAA has
determined to be unallowable under the ARP Act.
4. Indirect Costs-Sponsor. The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the Grant Application as accepted by the FAA,to allowable costs for
Sponsor direct salaries and wages only.
5. Final Federal Share of Costs. The United States' share of allowable Grant costs is 100%.
6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must
carry out and complete the Grant without undue delays and in accordance with this Airport Rescue
Grant Agreement,the ARP Act, and the regulations, policies, standards, and procedures of the
Secretary of Transportation ("Secretary"). Pursuant to 2 CFR§ 200.308,the Sponsor agrees to
report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds
three months or a 25 percent reduction in time devoted to the Grant, and request prior approval
from FAA.The report must include a reason for the stoppage.The Sponsor agrees to comply with
the attached assurances, which are part of this agreement and any addendum that may be attached
hereto at a later date by mutual consent.
7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any
part of the costs unless this offer has been accepted by the Sponsor on or before December 31,
2021, or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to
recover Federal funds spent fraudulently,wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner, including uses that violate this Airport Rescue Grant Agreement,the
ARP Act, or other provision of applicable law. For the purposes of this Airport Rescue Grant
Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor that
were originally paid pursuant to this or any other Federal grant agreement(s).The Sponsor must
return the recovered Federal share, including funds recovered by settlement, order, or judgment,to
the Secretary.The Sponsor must furnish to the Secretary, upon request, all documents and records
pertaining to the determination of the amount of the Federal share or to any settlement, litigation,
negotiation, or other efforts taken to recover such funds.All settlements or other final positions of
the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance
approval by the Secretary.
10. United States Not Liable for Damage or Injury.The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or relate to this Airport Rescue
Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising
from, directly or indirectly,this Airport Rescue Grant Agreement.
11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI).
a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its
24
3-08-0003-060-2022
information in SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment,whichever is later.This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently if
required by changes in information or another award term.Additional information about
registration procedures may be found at the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a
specific commercial, nonprofit, or governmental entity. A UEI may be obtained from SAM.gov
at https://sam.gov/SAM/pages/public/index.isf.
12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality
standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA
may suspend, cancel, or terminate this Agreement.
14. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United
States Code (U.S.C.) §50101,the Sponsor will not acquire or permit any contractor or subcontractor
to acquire any steel or manufactured goods produced outside the United States to be used for any
project for which funds are provided under this grant.The Sponsor will include a provision
implementing Buy American in every contract.
16. Audits for Sponsors.
PUBLIC SPONSORS.The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA,the Sponsor shall provide one copy
of the completed audit to the FAA.
17. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §
180.200,the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management (SAM)to determine if the non-Federal entity is excluded or
disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting the entity is not
excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or firm is not
excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier
transactions (e.g., subcontracts).
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3-08-0003-060-2022
c. Immediately disclose to the FAA whenever the Sponsor(1) learns the Sponsor has entered into
a covered transaction with an ineligible entity, or(2) suspends or debars a contractor, person,
or entity.
18. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers, including policies to ban text messaging while driving when performing any work
for, or on behalf of,the Federal government, including work relating to this Airport Rescue
Grant or subgrant funded by this Grant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
A. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
B. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts, and subcontracts funded by this Airport Rescue Grant.
19. Trafficking in Persons.
a. You as the recipient,your employees, subrecipients under this Airport Rescue Grant, and
subrecipients' employees may not—
1. Engage in severe forms of trafficking in persons during the period of time that the award is
in effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the award or subawards under the Airport Rescue
Grant.
b. The FAA as the Federal awarding agency may unilaterally terminate this award,without
penalty, if you or a subrecipient that is a private entity—
1. Is determined to have violated a prohibition in paragraph a. of this Airport Rescue Grant
Agreement term; or
2. Has an employee who is determined by the agency official authorized to terminate the
Airport Rescue Grant Agreement to have violated a prohibition in paragraph a. of this
Airport Rescue Grant term through conduct that is either—
A. Associated with performance under this Airport Rescue Grant; or
B. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200.
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3-08-0003-060-2022
c. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a. of this Grant condition during this Airport Rescue
Grant Agreement.
d. Our right to terminate unilaterally that is described in paragraph a. of this Grant condition:
1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. §7104(g)), and
2. Is in addition to all other remedies for noncompliance that are available to the FAA
under this Airport Rescue Grant.
20. Employee Protection from Reprisal.
a. Prohibition of Reprisals —
1. In accordance with 41 U.S.C. §4712, an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a
person or body described in sub-paragraph (a)(2) of this Grant condition, information that
the employee reasonably believes is evidence of:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use of Federal funds;
d. A substantial and specific danger to public health or safety; or
e. A violation of law, rule, or regulation related to a Federal grant.
2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee
is covered are as follows:
a. A member of Congress or a representative of a committee of Congress;
b. An Inspector General;
c. The Government Accountability Office;
d. A Federal employee responsible for oversight or management of a grant program
at the relevant agency;
e. A court or grand jury;
f. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
g. An authorized official of the Department of Justice or other law enforcement
agency.
3. Submission of Complaint— A person who believes that they have been subjected to a
reprisal prohibited by paragraph a. of this Airport Rescue Grant Agreement may submit a
complaint regarding the reprisal to the Office of Inspector General (OIG)for the U.S.
Department of Transportation.
4. Time Limitation for Submittal of a Complaint— A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. §4712(b).
6. Assumption of Rights to Civil Remedy— Upon receipt of an explanation of a decision not
to conduct or continue an investigation by the Office of Inspector General, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c).
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3-08-0003-060-2022
21. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms
of any Federal grant agreement(s), including all terms and assurances related thereto,that have
been entered into by the Sponsor and the FAA prior to the date of this Airport Rescue Grant
Agreement.
22. Face Coverings Policy.The sponsor agrees to implement a face-covering (mask) policy to combat
the spread of pathogens.This policy must include a requirement that all persons wear a mask, in
accordance with Centers for Disease Control (CDC) and Transportation Security Administration (TSA)
requirements, as applicable, at all times while in all public areas of the airport property, except to
the extent exempted under those requirements.This special condition requires the airport sponsor
continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and
International Travel, is no longer effective.
SPECIAL CONDITIONS FOR USE OF AIRPORT RESCUE GRANT FUNDS
CONDITIONS FOR EQUIPMENT-
1. Equipment or Vehicle Replacement.The Sponsor agrees that when using funds provided by this
Grant to replace equipment, the proceeds from the trade-in or sale of such replaced equipment
shall be classified and used as airport revenue.
2. Equipment Acquisition.The Sponsor agrees that for any equipment acquired with funds provided
by this Grant, such equipment shall be used solely for purposes directly related to combating the
spread of pathogens at the airport.
3. Low Emission Systems.The Sponsor agrees that vehicles and equipment acquired with funds
provided in this Grant:
a. Will be maintained and used at the airport for which they were purchased; and
b. Will not be transferred, relocated, or used at another airport without the advance consent of
the FAA.
The Sponsor further agrees that it will maintain annual records on individual vehicles and
equipment, project expenditures, cost effectiveness, and emission reductions.
CONDITIONS FOR UTILITIES AND LAND-
4. Utilities Proration. For purposes of computing the United States' share of the allowable airport
operations and maintenance costs,the allowable cost of utilities incurred by the Sponsor to operate
and maintain airport(s) included in the Grant must not exceed the percent attributable to the
capital or operating costs of the airport.
5. Utility Relocation in Grant. The Sponsor understands and agrees that:
a. The United States will not participate in the cost of any utility relocation unless and until the
Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible
for payment of such costs;
b. FAA participation is limited to those utilities located on-airport or off-airport only where the
Sponsor has an easement for the utility; and
c. The utilities must serve a purpose directly related to the Airport.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Airport Rescue Grant
Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor.The
Offer and Acceptance shall comprise an Airport Rescue Grant Agreement, as provided by the ARP Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect to
this Grant.The effective date of this Airport Rescue Grant Agreement is the date of the Sponsor's
acceptance of this Offer.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
Dated November 17,2021
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Joh Bauer(Nov 17,2021 11:34 MST)
(Signature)
John P. Bauer
(Typed Name)
Manager, Denver Airports District Office
(Title of FAA Official)
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Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties,
covenants, and agreements contained in the Airport Rescue Grant Application and incorporated
materials referred to in the foregoing Offer under Part I of this Airport Rescue Grant Agreement, and
does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and
conditions in this Offer and in the Airport Rescue Grant Application and all applicable terms and
conditions provided for in the ARP Act and other applicable provisions of Federal law.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents.You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct. 1
Dated November 18,2021
COUNTY OF PITKIN,COLORADO
(Name of Sponsor)
(Signature of Sponsor's Designative Official/Representative)
By: Kelly McNicholas Kury
(Type Name of Sponsor's Designative Official/Representative)
Title: Chair, Pitkin County Board of Commissior
(Title of Sponsor's Designative Official/Representative)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, John M Ely , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Colorado. Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and
the ARP Act.The Sponsor understands funding made available under this Grant Agreement may only be
used for costs related to operations, personnel, cleaning, sanitization,janitorial services, and combating
the spread of pathogens at the airport incurred on or after January 20, 2020, or for debt service
payments that are due on or after March 11, 2021. Further, it is my opinion the foregoing Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
Dated at November 18,2021
By:jOhet/WE
John M Ely(Nov 18, 21 11:59 MST)
(Signature of Sponsor's Attorney)
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AIRPORT RESCUE GRANT ASSURANCES
AIRPORT SPONSORS
A. General.
1. These Airport Rescue Grant Assurances are required to be submitted as part of the application
by sponsors requesting funds under the provisions of the American Rescue Plan Act of 2021
("ARP Act," or"the Act"), Public Law 117-2.As used herein, the term "public agency sponsor"
means a public agency with control of a public-use airport;the term "private sponsor" means a
private owner of a public-use airport; and the term "sponsor" includes both public agency
sponsors and private sponsors.
2. Upon acceptance of this Airport Rescue Grant offer by the sponsor,these assurances are
incorporated into and become part of this Airport Rescue Grant Agreement.
B. Sponsor Certification.
The sponsor hereby assures and certifies,with respect to this Airport Rescue Grant that:
It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance, and use of Federal
funds for this Airport Rescue Grant including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. Chapter 471, as applicable
b. Davis-Bacon Act —40 U.S.C. 276(a), et. seq.
c. Federal Fair Labor Standards Act — 29 U.S.C. 201, et. seq.
d. Hatch Act — 5 U.S.C. 1501, et. seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.
4601, et. seq.
f. National Historic Preservation Act of 1966 — Section 106 — 16 U.S.C.470(f).
g. Archeological and Historic Preservation Act of 1974 — 16 U.S.C. 469 through 469c.
h. Native Americans Grave Repatriation Act — 25 U.S.C. Section 3001, et. seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 — Section 102(a) —42 U.S.C.4012a.
I. Title 49, U.S.C.,Section 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 — 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 —42 U.S.C. 6101, et. seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
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r. Architectural Barriers Act of 1968 — 42 U.S.C. 4151, et. seq.
s. Power plant and Industrial Fuel Use Act of 1978 —Section 403- 2 U.S.C. 8373.
t. Contract Work Hours and Safety Standards Act —40 U.S.C. 327, et. seq.
u. Copeland Anti-kickback Act — 18 U.S.C. 874.1.
v. National Environmental Policy Act of 1969 —42 U.S.C.4321, et. seq.
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 — 31 U.S.C. 7501, et. seq.'
y. Drug-Free Workplace Act of 1988 — 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282,
as amended by section 6202 of Pub. L. 110-252).
EXECUTIVE ORDERS
a. Executive Order 11246—Equal Employment Opportunity
b. Executive Order 11990—Protection of Wetlands
c. Executive Order 11998—Flood Plain Management
d. Executive Order 12372—Intergovernmental Review of Federal Programs
e. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building
Construction
f. Executive Order 12898—Environmental Justice
g. Executive Order 14005—Ensuring the Future Is Made in All of America by All of America's
Workers.
FEDERAL REGULATIONS
a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.3'4
c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment.
d. 28 CFR Part 35—Discrimination on the Basis of Disability in State and Local Government
Services.
e. 28 CFR § 50.3—U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil
Rights Act of 1964.
f. 29 CFR Part 1—Procedures for predetermination of wage rates.'
g. 29 CFR Part 3—Contractors and subcontractors on public building or public work financed in
whole or part by loans or grants from the United States. 1
h. 29 CFR Part 5—Labor standards provisions applicable to contracts covering Federally financed
and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act).'
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i. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor(Federal and Federally assisted contracting requirements)."
j. 49 CFR Part 20—New restrictions on lobbying.
k. 49 CFR Part 21—Nondiscrimination in Federally-assisted programs of the Department of
Transportation -effectuation of Title VI of the Civil Rights Act of 1964.
I. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions.
m. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of
Transportation Program.
n. 49 CFR Part 27—Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.'
o. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities conducted by the Department of Transportation.
p. 49 CFR Part 30—Denial of public works contracts to suppliers of goods and services of countries
that deny procurement market access to U.S. contractors.
q. 49 CFR Part 32—Government-wide Requirements for Drug-Free Workplace (Financial
Assistance).
r. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA).
s. 49 CFR Part 41—Seismic safety of Federal and Federally assisted or regulated new building
construction.
FOOTNOTES TO AIRPORT RESCUE GRANT ASSURANCE B
" These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
4 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations,
or circulars are incorporated by reference in this Grant Agreement.
1. Purpose Directly Related to the Airport
It certifies that the reimbursement sought is for a purpose directly related to the airport.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed grant;
that an official decision has been made by the applicant's governing body authorizing the filing
of the application, including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed Grant
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
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designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Good Title.
It, a public agency or the Federal government, holds good title, satisfactory to the Secretary,to the
landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that
good title will be acquired.
4. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish, or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with this Grant
Agreement.
c. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor,the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code,the regulations, and the terms and conditions of this
Grant Agreement.
5. Consistency with Local Plans.
Any project undertaken by this Grant Agreement is reasonably consistent with plans (existing at the
time of submission of the Airport Rescue Grant application) of public agencies that are authorized
by the State in which the project is located to plan for the development of the area surrounding the
airport.
6. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where any project
undertaken by this Grant Agreement may be located.
7. Consultation with Users.
In making a decision to undertake any airport development project undertaken by this Grant
Agreement, it has undertaken reasonable consultations with affected parties using the airport at
which project is proposed.
8. Pavement Preventative Maintenance.
With respect to a project undertaken by this Grant Agreement for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an
effective airport pavement maintenance-management program and it assures that it will use such
program for the useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport, including Airport Rescue Grant funds provided under this Grant
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Agreement. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
9. Accounting System,Audit, and Record Keeping Requirements.
a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant,the total cost of the Grant in connection with which
this Grant is given or used, and the amount or nature of that portion of the cost of the Grant
supplied by other sources, and such other financial records pertinent to the Grant.The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives,for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this Grant.The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a Grant or relating to the Grant in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six(6) months following the close of the fiscal year for which the audit was
made.
10. Minimum Wage Rates.
It shall include, in all contracts in excess of$2,000 for work on the airport funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages,to be
predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5),which contractors shall pay to skilled and unskilled labor, and such minimum
rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
11. Veteran's Preference.
It shall include in all contracts for work on any airport development project funded under this Grant
Agreement which involve labor, such provisions as are necessary to insure that, in the employment
of labor (except in executive, administrative, and supervisory positions), preference shall be given
to Vietnam-era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans,
and small business concerns owned and controlled by disabled veterans as defined in Section 47112
of Title 49, United States Code. However,this preference shall apply only where the individuals are
available and qualified to perform the work to which the employment relates.
12. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, State, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions.Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
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2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow,flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
13. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport(including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
14. Compatible Land Use.
It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft.
15. Exclusive Rights.
The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant
has been expended. However, providing services at an airport by only one fixed-based operator is
not an exclusive right if—
a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator
to provide the services; and
b. allowing more than one fixed-based operator to provide the services requires a reduction in
space leased under an agreement existing on September 3, 1982, between the operator and
the airport.
16. Airport Revenues.
a. This Grant shall be available for any purpose for which airport revenues may lawfully be used to
prevent, prepare for, and respond to coronavirus. Funds provided under this Airport Rescue
Grant Agreement will only be expended for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport(s)subject to this agreement and all applicable addendums for costs
related to operations, personnel, cleaning, sanitization,janitorial services, combating the
spread of pathogens at the airport, and debt service payments as prescribed in the Act.
b. For airport development,49 U.S.C. §47133 applies.
17. Reports and Inspections.
It will:
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a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
18. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as
the Secretary considers necessary or desirable for construction, operation, and maintenance at
Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as provided herein within four months after receipt of a written request from the
Secretary.
19. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up
to date at all times an airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways,taxiways, aprons,terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face
of the airport layout plan.The sponsor will not make or permit any changes or alterations
in the airport or any of its facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the Secretary, adversely
affect the safety, utility or efficiency of the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or
alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or
off the airport and which is not in conformity with the airport layout plan as approved by the
Secretary,the owner or operator will, if requested, by the Secretary(1) eliminate such adverse
effect in a manner approved by the Secretary; or(2) bear all costs of relocating such property
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(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such
property (or replacement thereof)to the level of safety, utility, efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities except in the case of a
relocation or replacement of an existing airport facility due to a change in the Secretary's
design standards beyond the control of the airport sponsor.
20. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from,funds received from this Grant.
a. Using the definitions of activity,facility, and program as found and defined in §§ 21.23 (b) and
21.23 (e) of 49 CFR Part 21,the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance)
for any of the sponsor's program or activities,these requirements extend to all of the
sponsor's programs and activities.
2. Facilities. Where it receives a grant or other Federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility,the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of, real property or an interest in real property,the
assurance will extend to rights to space on, over, or under such property.
c. Duration
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language
It will include the following notification in all solicitations for bids, Requests for Proposals for
work, or material under this Grant and in all proposals for agreements, including airport
concessions, regardless of funding source:
"The County of Pitkin, Colorado, in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders that it will affirmatively ensure that for any contract entered into pursuant to this
advertisement, disadvantaged business enterprises and airport concession disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to this
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invitation and will not be discriminated against on the grounds of race, color, or national origin
in consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the DOT, and
incorporating the acts and regulations into the contracts by reference in every contract or
agreement subject to the non-discrimination in Federally-assisted programs of the DOT
Acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin, creed, sex, age, or handicap as a covenant running with the
land, in any future deeds, leases, license, permits,or similar instruments entered into by
the sponsor with other parties:
A. For the subsequent transfer of real property acquired or improved under the
applicable activity, grant, or program; and
B. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, grant, or program.
C. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-
grantees, contractors, subcontractors, consultants,transferees, successors in interest,
and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the acts, the regulations, and this
assurance.
D. It agrees that the United States has a right to seek judicial enforcement with regard to
any matter arising under the acts,the regulations, and this assurance.
21. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any activity that uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
22. Policies,Standards and Specifications.
It will carry out any project funded under an Airport Rescue Grant in accordance with policies,
standards, and specifications approved by the Secretary including, but not limited to, current FAA
Advisory Circulars for AIP projects, as of July 16, 2021.
23. Access By Intercity Buses.
The airport owner or operator will permit,to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
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24. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts,and/or concession contracts.The sponsor's
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program,the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C.
3801).
25. Acquisition Thresholds.
The FAA deems equipment to mean tangible personal property having a useful life greater than one
year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micro-
purchase means the acquisition of goods or services for which the aggregate dollar amount does
not exceed $10,000, unless authorized in accordance with 2 CFR § 200.320. Procurement by small
purchase procedures means those relatively simple and informal procurement methods for securing
goods or services that do not exceed the $250,000 threshold for simplified acquisitions.
41
3-08-0003-060-2022
Current FAA Advisory Circulars Required for Use in AIP Funded and PFC
Approved Projects
View the most current Series 150 Advisory Circulars (ACs)for Airport Projects at
http://www.faa.gov/airports/resources/advisory circulars and
http://www.faa.gov/regulations policies/advisory circulars
42
OMB Number: 4040-0004
Expiration Date: 12/31/2022
Application for Federal Assistance SF-424
*1. Type of Submission: *2. Type of Application * If Revision,select appropriate letter(s):
❑ Preapplication ® New
® Application ElContinuation *Other(Specify)
❑ Changed/Corrected Application ❑ Revision
*3. Date Received: 4. Applicant Identifier:
NA ASE (Aspen-Pitkin County/Sardy Field)Aspen, CO
*5b. Federal Entity Identifier: *5b. Federal Award Identifier:
08-0003
State Use Only:
6. Date Received by State: 7. State Application Identifier:
8. APPLICANT INFORMATION:
*a. Legal Name: County of Pitkin
*b. Employer/Taxpayer Identification Number(EIN/TIN): *c. Organizational DUNS:
84-6000794 08-527-8844
d. Address:
*Street 1: 0233 E Airport Rd, Ste. A
Street 2:
*City: ASPEN
County/Parish:
*State: CO
Province:
*Country: USA: United States
*Zip/Postal Code 81611
e. Organizational Unit:
Department Name: Division Name:
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Mr. *First Name: Dan
Middle Name:
*Last Name: Bartholomew
Suffix:
Title: Airport Director
Organizational Affiliation:
*Telephone Number: 970-429-2851 Fax Number:
*Email: dan.bartholomew@aspenairport.com
43
OMB Number: 4040-0004
Expiration Date: 12/31/2022
Application for Federal Assistance SF-424
*9.Type of Applicant 1: Select Applicant Type:
X.Airport Sponsor
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
*Other(Specify)
*10. Name of Federal Agency:
Federal Aviation Administration
11. Catalog of Federal Domestic Assistance Number:
20.106
CFDA Title:
Airport Improvement Program
*12. Funding Opportunity Number:
NA
*Title:
NA
13. Competition Identification Number:
NA
Title:
NA
14.Areas Affected by Project(Cities, Counties,States, etc.):
*15. Descriptive Title of Applicant's Project:
$3,901,078 for costs related to operations, personnel, cleaning, sanitization,janitorial services, combating the spread of pathogens
at the airport, and debt service payments.
Attach supporting documents as specified in agency instructions.
44
OMB Number: 4040-0004
Expiration Date: 12/31/2022
Application for Federal Assistance SF-424
16. Congressional Districts Of:
*a.Applicant: 3 *b. Program/Project: 3
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: NA *b. End Date: NA
18. Estimated Funding ($):
*a. Federal $3,901,078
*b. Applicant $0
*c. State
$0
*d. Local
*e. Other $0
*f. Program Income $0
*g. TOTAL $3,901,078
*19. Is Application Subject to Review By State Under Executive Order 12372 Process?
❑ a. This application was made available to the State under the Executive Order 12372 Process for review on
❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review.
® c. Program is not covered by E. O. 12372
*20. Is the Applicant Delinquent On Any Federal Debt? (If"Yes", provide explanation in attachment.)
❑ Yes ® No
If"Yes", provide explanation and attach
21. *By signing this application, I certify(1)to the statements contained in the list of certifications**and (2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances**and agree to comply
with any resulting terms if I accept an award. I am aware that any false,fictitious, or fraudulent statements or claims may subject
me to criminal, civil, or administrative penalties. (U. S. Code,Title 218, Section 1001)
• ** IAGREE
**The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or
agency specific instructions.
Authorized Representative:
Prefix: *First Name: Dan
Middle Name:
*Last Name: Bartholomew
Suffix:
*Title: Airport Director
*Telephone Number: 970-429-2851 Fax Number:
* Email: dan.bartholomew@aspenairport.com
*Signature of Authorized Representative: `�,, Qc*oto,,,,.,,,, *Date Signed: Jul-16-2021
45
Future Agendas
‘pf T K I N Board of Commissioners
COIJNT1 Work Session Agenda
TUESDAY,JANUARY 4,2022, 1:00 PM
BOCC Meeting Room, 1st Floor
530 E Main 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 an 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.
SPECIAL MEETING AGENDA
10:00 AM EXECUTIVE SESSION
Proposed items for possible discussion at the executive session:
11:55 AM Adjourn Executive Session
12:00 PM Lunch Break
1:00 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
BOCC Retreat Prep/Environmental Scan-Jon Peacock(90 minutes)
2:30 PM Break
2:45 PM Upcoming Regular Meeting Items (continued)
2:45 PM Prep for Joint Meeting with the City of Aspen on January 18,2022 (30 minutes)
3:15 PM BOCC Committee Appointments,Chair and Vice-Chair Discussion(30 minutes)
3:30 PM Review of Future Agenda Calendars -Work Session/Regular Meeting(15 Minutes)
3:45 PM Discussion Items/Open Discussion
No formal written materials
3:45 PM Board Open Discussion(15 Minutes)
4:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
47
pliCKIN Board of Commissioners
COU N T 1[ Work Session Agenda
TUESDAY,JANUARY 11,2022, 10:30 AM
C_l)• BOCC Meeting Room, 1st Floor
530 E Main 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 an 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 Employee Engagement Survey Results Discussion(45 miutes) Melissa Knight
11:15 AM Community Survey Results Discussion(45 minutes) Laura Armstrong
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 Phillips Mobile Home Park Update-Phylis Mattice(90 minutes)do not move
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
2:45 PM BOCC Retreat Prep/Organizational Health Update (90 minutes)
4:15 PM Review of Future Agenda Calendars-Work Session/Regular Meeting(15 Minutes)
4:30 PM Discussion Items/Open Discussion
No formal written materials
4:30 PM Board Open Discussion(15 Minutes)
4:45 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
48
1'K I N Board of Commissioners
COUNT1 Regular Meeting Agenda
WEDNESDAY,JANUARY 12,2022, 12:00 PM
//)• BOCC Meeting Room, 1st Floor
530 E Main 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
Individual Consideration Items:
Individual Consideration Items/First Readings set for Public Hearings on January 26, 2022:
Individual Consideration Items/Public Hearing, One Reading:
Individual Consideration Items/Public Hearing, 2nd Readings:
2. Ordinance of the Board of County Commissioners Amending Ordinance No. 021-2017 and Amending a
Lease Agreement between Jedediah Aspen,LLC and the Board of County Commissioners for the Food and
average Concession at the Aspen/Pitkin County Airport-Jeanette Jones
3. Resolution for the Board of County Commissioners Approving A Grant Agreement with the Colorado
Department of Public Health and Environment for Additional Funding to Support Local Public Health Core
Services, Suzuho Shimasaki
Individual Consideration Items/Emergency Ordinance and Resolution Confirmatory Reading:
4. Emergency Resolution Authorizing the Chair to Sign an Airport Rescue Grant Agreement with the Federal
Aviation Administration for Operation Expenses and Debt Service Payments for the Aspen/Pitkin County
Airport/Sardy Field-Dan Bartholomew
Individual Consideration Items/Emergency Resolution First Reading:
5. Emergency Resolution Authorizing Submittal of a Grant Application to the State of Colorado Depai(went of
Local Affairs for the Broadband Middle Mile Interconnectivity Program HB21-1279 and if Approved,
Authorizing Acceptance of the Grant-Jeff Krueger
Land Use Items:
Land Use Public Hearings:
6. Dearhamer Limited Development Conservation Parcel,Leslie Lamont
a. Ordinance Rezoning a Portion of the Stanley A. Dearhamer Property from AR-2 (Residential 2-Acre)
to AR-10(Residential 10-Acre),and Amending the Zoning Map to Reflect this Change, Continued
First Reading from 11/17/21
b. Resolution Granting Special Review Approval for a Limited Development Conservation Parcel,
Activity Envelope and Site Plan Review for the Stanley A Dearhamer Property at 24963 Fryingpan
Road(CONTINUED FROM 11/17/21)
7. Water Gap Ranch LLLP Special Review for Limited Development Conservation Parcel TDRs, Suzanne
Wolff
Land Use Actions:
Open Discussion
AGENDA and TIMES ARE SUBJECT TO CHANGE
49
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE
50
T'K IN Board of Commissioners
COIJNT1 Work Session Agenda
TUESDAY,JANUARY 18,2022, 10:30 AM
•C\�� BOCC Meeting Room, 1st Floor
530 E Main 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 an 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.
SPECIAL MEETING AGENDA
9:30 AM EXECUTIVE SESSION
Proposed items for possible discussion at the executive session:
10:25 AM Adjourn Executive Session
10:30 AM Upcoming Regular Meeting Items
10:30 AM BOCC Retreat Prep- Community&Employee Surveys (90 minutes)
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 United States Forest Service (USFS)Update-Brian Pettet(1 hour)DO NOT MOVE
2:00 PM Upcoming Regular Meeting Items (continued)
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
2:00 PM Solid Waste Center Certificate of Designation and Engineering Design Operations Plan
Overview-Cathy Hall,Brian Pettet(15 minutes)
2:45 PM Review of Future Agenda Calendars-Work Session/Regular Meeting(15 Minutes)
3:15 PM Discussion Items/Open Discussion
No formal written materials
3:15 PM Board Open Discussion(15 Minutes)
3:30 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
51
3:30 PM BREAK-Travel to City of Aspen for Joint Meeting
4:00 PM Joint Meeting with City of Aspen(City of Aspen Hosting)
Possible topics for discussion:
• Mental Health
• Landfill Diversion
6:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
52
T'K IN Board of Commissioners
COIJNT1 Work Session Agenda
TUESDAY,JANUARY 25,2022, 1:00 PM
•C\�� BOCC Meeting Room, 1st Floor
530 E Main 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 an 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 Upcoming Regular Meeting Items
10:30 AM BOCC Retreat Prep-Road Map to Recovery/Major Initiatives Overview (90 minutes)
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 Basalt Chamber 2022 Budget Supplemental Request- Phylis Mattice,Kris Mattera(30
minutes)DO NOT MOVE
1:30 PM Upcoming Regular Meeting Items (continued)
2:00 PM Review of Future Agenda Calendars-Work Session/Regular Meeting(15 Minutes)
2:15 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.
2:15 PM Patti
Francie
Kelly
Steve
Greg
2:45 PM Discussion Items/Open Discussion
No formal written materials
3:00 PM Board Open Discussion(15 Minutes)
3:15 PM Break
AGENDA and TIMES ARE SUBJECT TO CHANGE
53
4:00 PM Joint Meeting with Planning& Zoning Board
6:00 PM Adjourn
AGENDA and TIMES ARE SUBJECT TO CHANGE
54
i T K I N Board of Commissioners
COU N T� Regular Meeting Agenda
WEDNESDAY,JANUARY 26,2022, 12:00 PM
• BOCC Meeting Room, 1st Floor
530 E Main 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
Individual Consideration Items:
Individual Consideration Items/First Readings set for Public Hearings on February 9, 2022:
2. Resolution to Approve Solid Waste Center Certificate of Designation and Engineering Design Operations
Plan Overview-Cathy Hall,Brian Pettet
Individual Consideration Items/Public Hearing, One Reading:
Individual Consideration Items/Public Hearing, 2nd Readings:
3. Ordinance of the Board of County Commissioners Amending Title 6 of the Pitkin County Code to Adopt
Laws Pertaining to the Licensing and Regulation of Short Term Rental of Lodging Units and Residential
Properties -John Ely
Individual Consideration Items/Emergency Resolution Confirmatory Reading:
4. Emergency Resolution Authorizing Submittal of a Grant Application to the State of Colorado Depai hiient of
Local Affairs for the Broadband Middle Mile Interconnectivity Program HB21-1279 and if Approved,
Authorizing Acceptance of the Grant-Jeff Krueger
Land Use Items:
Land Use Public Hearings:
Land Use Actions:
5. Resolution Denying the Gloria Scharlin Revocable Trust Request to Eliminate Affordable Dwelling Unit
Deed Restriction, (CONTINUED from 11/26/2021) -Leslie Lamont
Open Discussion
Adjourn Regular Meeting
AGENDA and TIMES ARE SUBJECT TO CHANGE
55