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CITY COUNCIL & JOINT WORK SESSION
September 17, 2013
4:00 PM, City Council Chambers
MEETING AGENDA
I. Discussion with Housing Board
II. Structure of Local Board of Health
III. INFORMATIONAL ITEM - Wildfire Mitigation Program Update
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MEMORANDUM
TO: Mayor and Council
Board of County Commissioners
FROM : APCHA Board of Directors
THRU: Tom McCabe, Executive Director
Cindy Christensen, Operations Manager
DATE: September 17, 2013
RE: Approval to Conduct a RFP, Addition of Retirement Section to the Aspen/Pitkin
Affordable Housing Guidelines, Approval to Amend the Fourth Amended
Intergovernmental Agreement
SUMMARY: The APCHA Board is requesting approval for the following:
• Conduct a RFP for a study relating to Categories 1 through 7 and RO,
• Add a Retirement Section policy to the Guidelines and
• Suggested changes to the Fourth Amended Intergovernmental Agreement
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: There are three items that the APCHA Board would like to discuss at the
September 17, 2013 Joint Meeting:
1. To conduct a study that re-examines Category and Asset assumptions in the Guidelines.
2. The addition of a Retirement Section to the Guidelines
3. Suggested changes to the Fourth Amended Intergovernmental Agreement
Separate memos are attached for each of the topics.
DISCUSSION: A summary of each of the items is stated below. Further information is within
separate memos attached.
• To conduct a Study that re-examines Category and asset assumptions in the Guidelines:
These items have not been re-examined for over ten years. The APCHA Board is
requesting a study by consultant experts to test the suitability of the current method used
to determine category and asset qualifications, and if needed, to suggest how they may be
adjusted or improved.
A BOCC member also wondered how the categories relate to the Federal poverty level
and suggested inclusion of that information, along with what percentage of the Pitkin
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County workforce falls within each of the categories by utilizing the wage employment
incomes. Also requested was information relating to the use of “household members” vs.
number of “dependents” in calculating a household’s maximum income.
The cost of the study could range from $10,000 to $70,000, depending on the type and
detail of information requested. New data that requires local surveys and which go
beyond available Colorado data sets, will be more costly and require more time to
complete.
The cost to do this study will be paid out of the cash balance in the 620 fund; there will be
no need for any additional funding from the City or County.
• Retirement Section: The addition of two definitions to the Guidelines will clarify the
administrative procedure that APCHA has used for at least 25 years.
Questions always come up regarding whether a person can retire in their deed restricted
home – whether it is ownership or rental. The APCHA Board is suggesting one change to
the current Guidelines that pertains to when someone can retire and remain in their home.
The current age requirement is 65, and also requires a four-year work history prior to
retirement. The APCHA Board is recommending that a person cannot retire until they
reach the age where they receive full (100%) benefits as determined by the U.S. Social
Security Administration.
Staff will be reviewing the criteria to request a Special Review.
• Recommended Changes to the Intergovernmental Agreement (IGA): Most of the changes
shown on the attached document are clean-up items. There are two changes requested by
the APCHA Board:
o The addition of two members to the APCHA Board, creating a seven-member
Board. The majority of the APCHA Board suggested that a member of the BOCC
and City Council be part of the Board as it was in the past. The Board also
suggested that additional members could either be a voting senior management
staff appointed by the BOCC and City Council, or an ex-officio senior
management staff appointed by the BOCC and City Council.
o Addition of a Call-Up Procedure regarding any Guideline changes. Such a change
will honor the stated intention for the APCHA Board be the creative policy-
making entity as established and required in the State Statute that provides for the
creation of multijurisdictional housing authorities.
Concerns were raised by members of the BOCC regarding the potential for conflicts of
interest and undue influence if City Council or BOCC members were part of the Board.
FINANCIAL IMPLICATIONS: There are no financial implications for any of the items stated
above.
ENVIRONMENTAL IMPLICATIONS: There are no environmental implications for any of
the items stated above.
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RECOMMENDATION: The APCHA recommends approval by the BOCC and City Council
to move forward with the following:
• Conducting a survey relating to the categories
• Formal approval of the additional of the Retirement section into the Guidelines
• Formal approval to amend the Fourth Amended Intergovernmental Agreement
CITY MANAGER COMMENTS:
ATTACHMENTS:
1. Memo Requesting a RFP Study Relating to the Categories
2. Memo Adding the Retirement Section Policy to the Guidelines
3. Memo Stating the Requested Changes to the IGA
4. Proposed Draft of the Fifth Amended and Restated Intergovernmental Agreement
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M E M O R A N D U M
TO: BOCC and City Council
FROM: APCHA Board of Directors
THRU: Tom McCabe, Executive Director
Cindy Christensen, Operations Manager
DATE: September 17, 2013
RE: REQUEST OF RFP FOR STUDY RELATING TO ASSETS, INCOMES,
RENTAL RATES AND SALES PRICES PER EACH CATEGORY 1
THROUGH 7
ISSUE: The income, assets, rental rates and sales prices for each category have not been
evaluated for over ten years. The APCHA Board is requesting a RFP be approved to verify what
methodology should be utilized in determining the income, assets, rental rates and sales prices
for each category, along with what should be utilized to determine a household’s gross income
and net assets.
BACKGROUND: The Aspen/Pitkin Employee Housing Guidelines define each category of
housing – from Category 1 to RO. The categories are based on a household’s income and assets.
Incomes: Prior to 2002, the Guidelines contained Categories 1 through 4 and RO. When
Categories 1 through 4 were first defined, they were based on the Area Median Income (AMI).
Category 1 25% of AMI
Category 2 50% of AMI
Category 3 75% of AMI
Category 4 > 75% of AMI
2000 information shows the following:
Category 1 43% of AMI
Category 2 68% of AMI
Category 3 110% of AMI
Category 4 117% of AMI
2002 information shows the following:
Category 1 44% of AMI
Category 2 70% of AMI
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Category 3 114% of AMI
Category 4 183% of AMI
Thus, when Categories 5, 6 and 7 were created in 2002, the income levels were based on the
following:
Category 5 200% of AMI
Category 6 220% of AMI
Category 7 240% of AMI
Sales prices were established for Category 5 through 7 based on 30% gross income devoted to a
house payment at 8% interest rate with zero down.
Since 2003, increases in incomes have been calculated by taking the maximum incomes from the
previous year and multiplying by the Consumer Price Index, OR 3%, whichever was less. Sales
prices and rental rates have been adjusted accordingly.
The APCHA Staff recommended that yearly increases in incomes be based on a percentage level
of the Area Medium Income (AMI) for a two-person household. Income levels should no longer
be linked to the number of dependents in a household, but to the number of persons. This would
be in line with HUD and CHFA practices. Included in the packet of information is a spreadsheet
of proposed incomes based on Pitkin County’s AMI. The changes within the categories are
based on a certain percentage of AMI (50% for Category 1, 75% for Category 2, 125% for
Category 3, etc., up to 240% for Category 7). .
Assets: The more assets someone has, the more housing choices that person has. A suggestion
is to not count valid retirement accounts; i.e., IRA’s, Roth, 401K, etc. APCHA could work with
a tax accountant to determine specific criteria. Attached is a chart showing the changes in assets
IF the same calculation had been utilized for assets as incomes (3% or CPI, whichever is less).
Also attached is a chart provided by HUD that defines what is determined for calculating
incomes and assets; 2004 was the most current information provided. A further explanation of
what to include when calculating assets is also included.
Assets for each category were adjusted in 2002 when Category 5, 6 and 7 were added and have
remained the same since that period of time. The RO designation did not have an asset limitation
until 2002. The definition and the requirements for Resident Occupied (RO) housing has changed
over the years. When the program first began, a RO deed-restriction required the owner to reside in
the unit as their principal residence. Over the years, a work requirement was added, but in most
instances, an owner could sell the unit to any qualified applicant.
In 2000, the Guidelines were amended in which any new RO unit would contain the same criteria
as Category 1 through 4 – requiring the unit to be sold through APCHA, a 2% fee to be paid by the
seller to APCHA, and the unit appreciating at 3% or the CPI, whichever is less. The asset
limitation of $900,000 was added in 2002 when Categories 5 through 7 were added as part of the
Guidelines. Although incomes are adjusted each year per the 3% or the CPI amount, this maximum
asset for RO has remained the same with no increase.
One development that includes 37 RO homes has two deed restrictions – eight of the homes are
bound by the updated requirements with the $900,000 asset cap, with the balance with no asset or
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income limit. There are currently 520 RO homes with at least 42 homes having a current maximum
sales value over $1,000,000. Of the 520 RO homes, 337 of the homes are located in what previous
mobile home parks (Aspen Village, Lazy Glen and Smuggler Park Subdivision); therefore,
approximately 23% of the RO homes are affected by the $900,000 asset limitation.
The $900,000 asset cap limitation does not seem to be a hindrance on any sale today, but any future
buyer does see this as a potential problem. As to the other categories, the asset limitation has been
stagnant where all sales prices continue to increase.
The Board is recommending that a RFP be conducted for a study to provide the following
information:
• Comparison to the valley, western slope and other resort communities.
• Compare the sales prices and rental rates in conjunction with the income levels in each
category.
• Decide if the categories are segmented appropriately.
• Compare the categories to the legislation terminology for housing authorities.
• Base categories on the number of persons in a household (per HUD) instead of
dependents.
• Maintain maximum income levels the same for purchase or rentals.
The existing categories, as stated in the Guidelines, reflect the terminology utilized by HUD:
• Category 1 = Low-income level
• Category 2 = Lower moderate-income level
• Category 3 = Upper moderate-income level
• Category 4 = Middle-income level
• Category 5, 6, 7 and RO = Upper middle-income level
RECOMMENDATION: The APCHA Board requests approval to conduct a RFP to hire
specialists to do this task.
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M E M O R A N D U M
TO: BOCC and City Council
FROM: APCHA Board of Directors
THRU: Tom McCabe, Executive Director
Cindy Christensen, Operations Manager
DATE: September 17, 2013
RE: APPROVAL OF RETIREMENT SECTION TO ASPEN/PITKIN EMPLOYEE
HOUSING GUIDELINES
ISSUE: The Aspen/Pitkin Employee Housing Guidelines does not include a section relating to
the ability to retire and maintain ownership or continuing renting deed restriction housing.
BACKGROUND: The APCHA Board is recommending adding a section in rentals and sales of
the Guidelines that would:
• Defining the ability to retire in APCHA housing; i.e., what is a retiree, what is the
retirement age, etc.
• Defining a senior.
• Adding the ability to retire in deed-restricted housing into the rental and ownership
sections of the Guidelines.
DISCUSSION: APCHA allows all qualified employees to retire in their home (rental and/or
ownership), as long as the person:
4. retires at the age stipulated in the Guidelines (or based on their deed restriction); and
5. maintains occupancy in the APCHA home at least nine months out of the year; and
6. worked 1500 hours for at least four years in Pitkin County prior to retiring and reaching
the retirement age as specified in the Guidelines; and
7. does not own any other developed property, or an interest in any developed property,
within the ownership exclusion zone (OEZ) as defined in the Guidelines, and as the they
are amended from time to time.
APCHA’s long-standing practice of permitting retires to remain in APCHA housing is an
implied right since there is no APCHA policy requiring them to leave at retirement. The
APCHA Board recommends that this practice be clearly stated as a right (with ongoing
occupancy and OEZ conditions) in the Guidelines. The BOCC and City Council have recently
approved a guideline policy that allows retirees who own APCHA housing to rent their home
(with conditions) for up to six months per year.
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Retirement is defined as:
• The action or fact of leaving one’s job and ceasing to work;
• The period of one’s live after leaving one’s job and ceasing to work.
The APCHA Board is recommending that the an owner or tenant who wishes to remain in the
deed-restricted unit after retirement must reach the age whereby he/she must meet the current
U.S. Social Security Administration’s age criteria to receive 100% social security benefits. This
would also pertain to any occupation that allows for an earlier retirement; i.e., school teachers,
postal workers, hospital workers, city or county employees. If someone is allowed to retire
earlier than stated below, that person must obtain another job within Pitkin County working at
least 1500 hours per year until such time that they have reached such age.
The APCHA Board is also recommending the addition of a definition for “an APCHA Senior.”
An APCHA Senior gains two advantages by virtue of becoming an APCHA senior.
First: among the properties APCHA manages, the Aspen Country Inn (ACI) is the only one that
offers a “senior priority”. Tenancy at ACI is open to any age applicant that is APCHA qualified,
but if an ACI applicant is an APCHA senior, they are awarded priority above all non-senior ACI
applicants. If there is more than one senior applicant, they are sorted by age with a first, second
and third ranking (as shown below). If there is more than one senior in the first priority tier, the
apartment is offered to the senior with the longest documented work history in Pitkin County. If
the first priority household turns down the offered apartment, it is offered to the next highest
applicant and so on until it is filled.
• First Priority 65 years or older
• Second Priority 60 years to 65 years of age
• Third Priority 55 years to 60 years of age
Second: an APCHA Senior that is 65 years old can qualify for an APCHA Category unit with up
to 150% of the net assets allowed at the top of their normal category. In most instances, high net
assets are due to the retirement accounts that seniors have accumulated. If the Board eventually
decides not to include valid retirement funds as part of net assets, this additional 150% amount
would no longer be needed. Due to the procedure of allowing 150% of net assets for each
category, the APCHA Board has recommended that a definition of “senior” be added to the
Guidelines as well.
The APCHA Board is recommending that the following three definitions be added to the
Guidelines:
• Qualified Retiree in APCHA Housing: A person who has met the current U.S. Social
Security Administration’s age criteria to receive 100% social security benefits and who
has worked the prerequisite amount of hours stipulated in the Guidelines for at least four
(4) consecutive years until becoming a retiree.
• Retirement Age for APCHA Housing: A tenant or owner can qualify to become an
APCHA retiree at such time he/she reaches the age to receive full (100%) benefits as
determined by the US Social Security Administration (see below).
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Year of Birth Full Retirement Age
1942 and Earlier 65
1943 – 1954 66
1955 66 and 2 months
1956 66 and 4 months
1957 66 and 6 months
1958 66 and 8 months
1959 66 and 10 months
1960 and later 67
• APCHA Senior: An APCHA senior is defined as someone who is 65 years or older. An
APCHA senior is allowed to have up to 150% of the net assets allowed at the top of their
normal category.
Due to the non-existence of any policy allowing for an owner or tenant to retire in deed-restricted
housing, the APCHA Board is also recommending that information is added in both the rental
and ownership sections that address Retiring in Employee Housing. Examples of the new
sections are as follow:
RReettiirriinngg iinn AAPPCCHHAA RReennttaall HHoouussiinngg
The status of Renters/Tenants residing in APCHA Employee Housing Units shall be reviewed
and verified on a bi-yearly (every two years) basis to ensure they continue to meet the
requirements of the Guidelines, including but not limited to:
• Minimum Occupancy
• Income and Asset Requirements
• Employment
• Non-ownership of developed residential property in the Ownership Exclusion Zone
Renters/Tenants can retire upon reaching retirement age, as defined in the Guidelines.
However, renter/tenants must continue to reside in the unit at least nine months out of the
calendar year and not own any other developed property within the ownership exclusion zone. A
Retiring in APCHA Ownership Housing
An APCHA qualified owner/retiree may live out their years in APCHA housing without any
requirement to be employed. They may choose to work as few or as many hours as they wish
without jeopardizing their APCHA housing. The qualified owner/retiree must, however, do the
following:
• Occupy the unit as their primary residence by living in the unit at least nine months per
year, unless the owner has received an approved Leave of Absence to rent the home as
stated in Part ___, Section ___.
• Continue to not own other developed residential property in the ownership exclusion
zone. Have established with APCHA that they meet the APCHA qualified retiree criteria.
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APCHA qualified retiree/Owners continue to be required to complete and sign a Requalification
Affidavit on a bi-yearly (every two years) basis. An owner may retire at such time the owner
qualifies as defined in the Guidelines, as they are amended from time to time. The owner may
request a leave of absence and rent the home out for up to six months each year. See Part ____,
Section ____ for the specific requirements pertaining to this leave of absence.
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M E M O R A N D U M
TO: BOCC and City Council
FROM: APCHA Board of Directors
THRU: Tom McCabe, Executive Director
Cindy Christensen, Operations Manager
DATE: September 17, 2013
RE: APPROVAL OF RECOMMENDED CHANGES TO THE FOURTH
AMENDED INTERGOVERNMENTAL AGREEMENT
ISSUE: To add two additional APCHA Board members and to add a call-up procedure to the
Intergovernmental Agreement (IGA).
BACKGROUND: The Board reviewed the document at the July 3, 2013 and requested a change.
The other changes were approved by the Board.
DISCUSSION: There are two major recommended changes to the IGA.
1. Seven Member Board vs. a Five Member Board: The Board is recommending the
addition of two members. The addition would change the number of Board members
from five to seven, with five constituting a quorum. The majority of the Board
recommended that two additional Board members be an appointee from City Council and
an appointee from the BOCC, or possibly a senior management City and County staff
person, respectively.
Staff had requested a legal opinion from John Ely, County Attorney, and Jim True, City
Attorney, as to any potential legal ramifications created by this change. John Ely stated
that there were no legal impediments to the new structure, but that having a staff person
on the Board would be an issue from a policy point of view in that there probably would
not be an independent exercise of judgment, but rather an adherence to the policies of
their employer. An elected would probably exercise more of an independent voice. Ely
stated that there would, however, be issues of conflict when a particular project is being
voted on by both the APCHA Board and BOCC. Ely stated that he had litigated an issue
with regard to Stillwater. It was resolved in the County’s favor, but delayed the
development of the project for three years. Ely stated that he personally would
recommend that the new members be citizens without current positions in either the City
or County and that APCHA build\ into their schedule more joint meets with the elected
Boards.
True had initially been okay with the addition. The majority of the Board would
recommend the two positions be filled as follows:
First Choice One member from City Council and one from the BOCC
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Second Choice A voting senior management staff appointed by the City Council
and BOCC
Third Choice An ex-officio senior management staff appointed by the City
Council and BOCC
2. Addition of a Call-Up Procedure: The Board is recommending that the document that
“guides” the procedures and policies of the program be reviewed and approved by the
Board as stipulated in the State legislation that created housing authorities, with a call-up
procedure to both the BOCC and City Council allowing review prior to any policy
changes and or additions being formally adopted. The call-up procedure is currently
utilized in the City with the Historic Preservation Committee, the Community
Development Department, and the Planning and Zoning Commission. The utilization of
this policy and allowing the APCHA Board to be the policy decision maker regarding
housing policy is in line with the State legislation that created housing authorities.
RECOMMENDATION: The APCHA Board is recommending that the BOCC and City Council
approve the attached Fifth Amended Intergovernmental Agreement and direct staff to schedule
formal approval of the document. Following is a draft of the Fifth Amended Intergovernmental
Agreement.
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FIFTH AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
This FIFTH AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
(hereinafter referred to as “Agreement”), made and entered into this ____ day of _____________2013,
by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter referred
to as “City”) and the BOARD OF COUNTY COMMISSIONERS of Pitkin County, Colorado, a body
corporate and politic (hereinafter referred to as “County”):
W I T N E S S E T H:
WHEREAS, the City is authorized by Article XX, Section 6 of the Colorado Constitution and
City and County are each authorized by Article XIV, Section 18 of the Colorado Constitution, Section
29-1-204.5, Colorado Revised Statutes to contract with each other to establish a multi-jurisdictional
housing authority as a separate government entity; and
WHEREAS, the City and County entered into an Intergovernmental Agreement on January 9,
1984, a Amended and Restated Intergovernmental Agreement on September 26, 1989, a Second Amended
and Restated Intergovernmental Agreement on September 13, 1999, and a Third Amended and Restated
Intergovernmental Agreement on October 28, 2002, establishing a multi-jurisdictional housing authority
under the provision of C.R.S. 1973, Section 29-1-204.5 which authority is known as the Aspen/Pitkin
County Housing Authority (hereinafter referred to as “Authority”) for the purpose of providing a
program and a system to assure the existence of a supply of desirable and affordable housing for
permanent residents, persons employed in the City or the County, senior citizens, disabled persons and
other population segments residing or needing to reside in the Roaring Fork Valley which are necessary
for a balanced community; and
WHEREAS, the City and County desire to create an independent housing authority that has all
of the powers set forth at Section 29-1-204.5, C.R.S., and that will function as an advisory and
recommending board to the Aspen City Council and the Board of County Commissioners on all matters
relating to affordable housing in their respective jurisdictions; and
WHEREAS, the City and the County desire to further amend and to restate the Fourth Amended
Intergovernmental Agreement.
NOW, THEREFORE, in consideration of the mutual benefits to be derived hereby, the City and
the County amend and restate the Intergovernmental Agreement of January 9, 1984, the Amended and
Restated Intergovernmental Agreement on September 26, 1989, the Second Amended and Restated
Intergovernmental Agreement on September 13, 1989, the Third Amended and Restated
Intergovernmental Agreement on October 28, 2002, the Fourth Amended and Restated
Intergovernmental Agreement on December 20, 2007, and the Fifth Amended and Restated
Intergovernmental Agreement effective on the date first stated above, and said Agreement shall replace
and supersede all prior agreements of any kind, to the extent and for the limited purpose as such other
agreements may be related to the provision of services by the Aspen/Pitkin County Housing Authority,
and the previous Agreement as amended is hereby cancelled and of no further effect, and to read as
follows:
I. MULTI-JURISDICTIONAL HOUSING AUTHORITY – PURPOSE:
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The Aspen/Pitkin County Housing Authority (hereinafter referred to as “Authority”) has been
established as a multi-jurisdictional housing authority for the purpose of assisting the City and County,
upon request by either party, in effecting the planning, financing, acquisition, construction, development,
reconstruction or repair, maintenance, management and operation of housing projects pursuant to a multi-
jurisdictional plan to provide residential facilities and dwelling accommodations at rental or sale prices
within the means of families or persons of low, moderate and middle income who are employed in the
City or the County, who reside or need to reside in the City or County, and who have identifiable needs
for affordable housing; e.g., limited incomes, senior citizens and disabled persons, as defined by the
Authority in published guidelines. The Authority shall be a political subdivision and a public
corporation for the State of Colorado, separate from the City and County, and shall be a validly created
and existing political subdivision and public corporation of the State of Colorado. It shall have the
duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate.
The provisions of Articles 10.5 (the “Public Deposit Protection Act”) of Title 11, Colorado Revised
Statues, shall apply to monies of the Authority.
The Authority shall have any and all powers, duties, rights and obligations as such are set forth
herein and subject to the terms and conditions of this Agreement. In order to facilitate management
oversight and to provide additional resources to the Authority, the Authority shall delegate to the City
certain administrative functions as more fully described herein:
II. BOARD OF DIRECTORS:
A. Number, Manner of Appointment, Qualifications, etc.:
The Board shall consist of seven (7) directors (hereinafter referred to as “Directors”), and
one (1) alternate, serving staggered terms to be appointed as follows:
1. Two Directors shall be appointed by the Board of County Commissioners.
2. Two Directors shall be appointed by the City Council.
3. One Director and one alternate shall be appointed jointly by the Board of County
Commissioners and the City Council.
4. One Director shall be a member of the Board of County Commissioners and a member
of City Council. All Directors and the Alternate Director shall be residents of Pitkin
County.
5. As soon as reasonable after the effective date of this Amended Agreement, the City
Council and the Board of County Commissioners shall appoint two additional Directors.
All Directors shall be appointed for two-year terms.
6. Directors and the Alternate Director shall continue to serve as Directors until such time
as a successor has been appointed.
7. Directors appointed by the City Council may be removed at the sole discretion of the
City Council. Directors appointed by the County Commissioners may be removed at the
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sole discretion of the County Commissioners. The Jointly appointed Director and the
Alternate Director may be removed at the sole discretion of either the City Council or
County Commissioners. Upon the removal of a Director or Alternate Director, a
replacement shall be appointed by the respective governmental entity(ies) that originally
appointed the Director for the unexpired term of the removed Director or Alternate
Director.
B. Officers.
The officers of the Authority shall be a Chair, a Vice Chair, a Treasurer, and a Secretary.
1. Chair. The Chair shall preside at all meetings of the Authority. At each meeting, the
Chair shall submit such recommendations and information as she or he may consider
proper concerning the business, affairs and policies of the Authority.
2. Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence or
incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice
Chair shall perform such duties as are imposed on the Chair until such time as the
Authority shall select a new Chair.
3. Treasurer. The Treasurer shall perform the duties of the Chair in the absence or
incapacity of both the Chair and the Vice Chair. With respect to expenses incurred
directly by the Authority (as distinguished from expenses of either the City or County for
affordable housing projects and their operations), either the Treasurer or the Secretary
shall approve all orders and checks for payment of money and shall payout and disburse
such monies under the direction of the City's Finance Director. The Treasurer shall serve
as advisor to the Authority and the Board on financial matters.
4. Secretary. The Secretary shall ensure that the records of the Authority are properly
maintained, shall act as Secretary of the meetings of the Authority and ensure that all
votes are recorded, and shall ensure that a record of the proceedings of the Authority are
maintained in a journal of proceedings to be kept for such purpose, and shall perform all
duties incident to his or her office.
5. Election or Appointment. The Chair, Vice Chair, Treasurer, and Secretary shall be
elected at the annual meeting of the Authority from among the Directors of the Board,
and shall hold office for one year or until their successors are elected and qualified.
6. Vacancies. Should the office of Chair, Vice Chair, Treasurer, or Secretary become
vacant, the Board shall elect a successor from its membership at the next regular meeting
and such election shall be for the unexpired term of said office.
C. Voting Requirements:
1. Quorum. The powers of the Authority shall be vested in the Directors of the Board in
office from time to time. Three Directors of the Board shall constitute a quorum for the
purpose of conducting Authority business and exercising Authority powers and for all
other purposes. When a quorum is in attendance, action may be taken by the Authority
upon a vote of a majority of the Directors of the Board present. The Alternate Director
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may be counted for purposes of determining the existence of a quorum at a meeting and
may have his or her vote counted only if at least one Director is not present.
2. Manner of Voting. The voting on all questions coming before the Authority shall be by
roll call, and the yeas and nays shall be entered upon the minutes of each meeting by
name, except on the election of officers that may be by ballot.
D. Duties of the Officers.
The officers of the Authority shall perform the duties and functions of the Authority as
prescribed herein and such other duties and functions as may from time to time be required
by the Authority, the by-laws or rules and regulations of the Authority, or upon the request of
the City and County.
III. DUTIES OF THE PARTIES:
A. Personnel.
1. An Executive Director of the Authority shall be employed by the City who shall report to
and be supervised by the City Manager. The City Manager and County Manager shall
jointly hire the Executive Director. The City Manager shall have the authority to
terminate the employment of the Executive Director in accordance with City Personnel
Policies and Procedures, but shall exercise this authority only after reasonable
consultation with the County Manager.
2. The Executive Director and all other personnel employed to work under the supervision
of the Executive Director shall be City employees, subject to the City's payroll, benefits,
and personnel policies and procedures (including disciplinary procedures).
3. The Executive Director shall work under the supervision of the City Manager and shall
receive work assignments from the City Manager. Directors of the Housing Authority
may suggest work assignments for the Executive Manager to the City Manager, but shall
have no authority to directly assign work, tasks, or priorities to the Executive Director or
any of his or her staff.
4. Nothing in this Agreement shall create, or is intended to create, or shall be construed to
constitute a contract of employment, express or implied, between the Executive Director
and the Authority, the City or the County.
B. Finances and Accounting.
1. The Executive Director shall annually consult and cooperatively work with the City and
County Finance Directors to prepare proposed budgets for the City and County relating
to affordable housing in their respective jurisdictions. The Authority, upon reviewing the
annual budget as presented by the Executive Director shall make recommendation to the
City and County for their adoption. The annual budgets shall include funds necessary to
reimburse the City for overhead expenses for personnel, finance, administrative, legal,
and asset management services consistent with fees charged to other City departments.
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2. The Executive Director shall annually consult and cooperatively work with the City's
Finance Director to ensure the proper care and custody of all funds of the Authority, the
prompt payment of all obligations of the Authority, and the keeping of regular books of
accounts showing receipts and expenditures of the Authority. The Executive Director
shall render to the Authority, the City and the County, at their regular meetings, or
sooner if requested, an account of Authority transactions and also of the financial
condition of the Authority. The Executive Director shall give such bond for the faithful
performance of his or her duties as the City may require.
3. All accounting, payroll, and audit services for the Authority shall be performed by the
Finance Department of the City.
4. The City’s procurement policies, contract documents, and approval policies shall be used
for all procurements of goods and services of the Authority except for any goods or
services purchased entirely for County projects. A County project shall be defined for
purposes of this section as any purchase for goods or services funded entirely by County
funds or a combination of County funds and funds from a source other than from the
City.
5. For each fiscal year of the City, the County and the Authority (each January 1 through
each December 31), the City and County shall each appropriate their prorated share of
operational monies necessary to provide for any budgeted deficit arising in connection
with the Authority's operations which has been approved by the City and County,
provided, however, that bonds, notes or other obligations payable solely from revenues
as described in Section III hereof shall never constitute an indebtedness of the City or the
County. The City and County shall each pay for 50% of the normal operating expenses
of the Housing Office. This shall include such normal operating expenses as guideline
development, qualifying applicants, enforcement, property management, etc. The City
and County shall pay its share of any special projects, which either party may request to
be included in the Annual Work Plan.
6. The County shall pay to the City for the benefit of the Authority its share of the
Authority's annual budget upon the request of the Finance Director of the City. Both the
City Council and the Board of County Commissioners shall approve any increases to the
expense budget.
7. On or before April 15 of each fiscal year, the actual operations for the Authority for the
immediate preceding fiscal year shall be reviewed by the City and County Finance
Directors with the Executive Director for the determination of any necessary final
reimbursements (and, therefore, necessary supplemental appropriations of monies by the
City and the County) as a result of any non-budget appropriation of Authority staff or
expenditure. The City and County hereby agree to make all necessary appropriations
within a reasonable time to reconcile the final appropriations of each entity.
C. Operations.
1. Annual Work Plan. The Executive Director, with the assistance of the Authority, shall
annually prepare a detailed Annual Work Plan that specifies goals, tasks, responsible
employees and timelines, for the operation of the Authority. The Annual Work Plan shall
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include a summary detailing progress made in the implementation of action plans set
forth in any adopted Housing Strategic Plan and recommendations for changes to the
Housing Strategic Plan. Following the review of the Annual Work Plan by the Authority,
the Executive Director shall meet with the City Manage for approval. The Authority
shall review the Annual Work Plan as approved by the City and County Managers and
shall make recommendations to the City and County for its approval and adoption. Upon
the adoption of the Annual Work Plan by the City or County, the Executive Director
shall regularly meet with the City and County Managers to review the progress of the
implementation of the Annual Work Plan.
2. Annual Affordable Housing Guidelines. The Executive Director shall review the
Affordable Housing Guidelines when necessary , including updates and
recommendations for changes every year that:
a. Identifies category qualifications for ownership and rental housing within the City
and County for the population segments identified by the Authority as required by
existing agreements and land use regulations.
b. The Authority shall review the Affordable Housing Guidelines, including deletions
and additions, submitted to it by the Executive Director. Final approval by the
APCHA Board shall be brought forward in a resolution with public comment
through a public hearing process. The resolution will be brought forward to the City
Council and the BOCC for their review. There shall be an appeals process via a
Call-up Procedure as stated below:
Call-up and Notice to City Council and the Board of County Commissioners.
Following the adoption of the resolution approving the changes and/or additions
to the Affordable Housing Guidelines, notification will be provided to the City
Council and the Board of County Commissioners. The notification shall consist
of a description in written form of the change and/or addition and the reasoning
behind the change and/or addition. The notification shall be placed on the
Consent Agenda of the next regular City Council meeting and a Memorandum of
Interest shall be provided to the Board of County Commissioners containing the
same language at their next regular meeting. Such notification shall be placed on
each entities agenda within 60 days of APCHA approval. If a call-up is not
requested within the 60 days, the policy will be incorporated into the Guidelines.
3. The Housing Authority. The Authority shall meet monthly to conduct its business in
accordance with the Colorado Open Meetings Law, Sections 24-6-401, et seq., C.R.S.
and the City of Aspen Municipal Code. The Authority shall be responsible for the
following duties:
a. To act as affordable housing advocates in all of its business by representing the
views and perspectives of the larger communities of the City and County and
translating those views and perspectives into concrete recommendations to the City
and County; and
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b. To review and make recommendations to the City and County with respect to the
Annual Work Plan, Housing Guidelines, Affordable Housing Action Plans of the
Aspen Area Community Plan, any Affordable Housing Strategic Plans adopted by
the City or County, and advise on any other affordable housing related matters
referred to it by either the City or County; and
c. To review specific development proposals initiated by the City or County and make
recommendations thereon upon the request of either the City or County; and
d. To assist the City, County, and Executive Director, upon request, to define the need,
planning, undertaking, construction, operation, or financing of low, lower moderate,
upper moderate, middle and upper middle income housing for the population
segments designated here or identified by the Authority residing in or needing to
reside in the City or the County; and
e. To assist the City, County and Executive Director, upon request, to plan, finance,
acquire, construct, reconstruct or repair, maintain, manage, and operate housing
projects pursuant to the Annual Work Plan; and
f. To assist the City, County and Executive Director, upon request, to purchase,
acquire, obtain options, hold; lease (as lessor or lessee), sell, or otherwise dispose of
any real or personal property, commodity, or service from firms, corporations, the
City, the County, other governmental entities or any other persons; and
g. To assist the City, County and Executive Director, upon request, to investigate
housing needs within the jurisdiction of the City or the County and the means and
methods for improving those conditions; and
h. To review growth management policy applications (or equivalent application
procedures as the same are developed or established from time to time) by
developers for low, lower moderate; upper moderate, middle and upper middle
income housing in the City or the County as requested by the respective Community
Development Departments of the City or the County for conformance with housing
needs; and
i. To enforce all aspects of the affordable housing program, including, but not
necessarily limited to, deed restrictions, guidelines, and qualifications; and
j. To establish a system to hear appeals from the interpretation or implementation of
the Affordable Housing Guidelines and issue final administrative determinations on
such appeals.
4. The Executive Director. The Executive Director shall be responsible for the
following duties in addition to any duties assigned to him or her by the City Manager:
a. Working closing with the County and City Managers to develop an Annual Work
Plan and thereafter implementing said Work Plan under the supervision of the
City Manager; and
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b. Maintaining records of existing low, lower moderate, upper moderate, middle and
upper middle income rental or resale restricted housing for the population segments
designated herein or identified by the Authority and assure that such housing is used
and occupied in accordance with existing City or County development approvals,
contracts, or financing requirements; and
c. Taking all steps reasonably necessary to assure that all deed restricted units of
housing comply with City and County regulations or resolutions concerning rental or
resale restricted housing; and
d. Negotiating contracts as required to provide for management of deed-restricted
Authority units (as that term is defined in the Affordable Housing Guidelines as such
guidelines are published, modified, amended and supplemented from time to time);
and
e. To review and recommend establishment of a computerized rental availability record
system for use by the City, the County, the population segments designated herein or
identified by the Authority and members of the general public; and
f. Taking all steps reasonably necessary to provide for marketing and reviewing
qualification of applicants for rental deed restricted or for sale affordable housing
units, and for marketing, reviewing qualifications of applicants for, and arranging for
transfer of title of deed restricted units; and
g. Investigating housing needs within the jurisdiction of the City or the County and the
means and methods for improving those conditions; and
h. To develop and recommend code changes associated with the provisions of the
current County Strategic Plan, Housing subsection, or the current Housing
subsection of the City's Aspen Area Community Plan (as they are modified, amended
and supplemented from time to time); and
i. To maintain data indicating housing needs in the City and the County for the
population segments designated herein or identified by the Authority.
5. Project Management Services by the City. The City and County acknowledge that the
City, because of its current personnel and expertise in construction management, is in a
better position than the County to provide construction management services for the
development and construction of affordable housing. The City agrees to negotiate in
good faith with the County to provide construction management services for County-
funded and sponsored affordable housing projects. Said agreements shall be on a case-
by-case basis and shall include provisions for scope of services to be provided,
reimbursement schedules, management responsibilities, and appropriate indemnification
and insurance. The parties hereto agree that the City shall not be required to provide
construction management services at any time that the City, in its sole discretion,
determines that it does not have the personnel or resources to provide such services.
D. Long-Range Planning.
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Housing Strategic Plan: The City and the County, individually or jointly, may periodically
adopt a Housing Strategic Plan to assist City, County and Authority in the development of
priorities, policies, and implementing actions that maximize affordable housing development.
Financial support shall be designated to the City or County based on who is directly
benefiting from the effort. The Housing Strategic Plan may include the following:
• Identification of existing community housing needs by type.
• Determination of the potential development of affordable sites located within the
jurisdiction of the City or County.
• Evaluation of the economic performance of the City's or County's affordable housing
sites and prototype projects and comparisons of their relative costs and benefits. ~
• Specifications for an affordable housing program and phasing schedule that best meets
program objectives consistent with available funding sources and levels.
• Recommendations for strategies and actions that implement the housing development
program
• It is agreed that when this document uses the phrase "Housing Strategic Plan" it is
referring to either the County Strategic Plan's Housing subsection, or the Housing section
of the City's "Aspen Area Community Plan ".
IV. BONDS, NOTES AND OTHER OBLIGATIONS:
A. The bonds, notes, and other obligations of the Authority shall not be the debts, liabilities, or
obligations of the City or the County unless expressly assumed by the City or the County.
B. The City and the County may provide for payment to the Authority of funds from proprietary
revenues for services rendered or facilities provided by the Authority, from proprietary
revenues or other public funds as contributions to defray the cost of any purpose set forth
herein, and from proprietary revenues or other public funds as advances for any purpose
subject to repayment by the Authority.
C. To carry out the purposes for which the Authority was established, the Authority is
authorized to issue bonds, notes, or other obligations payable solely from the revenues
derived or to be derived from the function, service, or facilities of the Authority or from any
other available funds of the Authority. The terms, conditions, and details of said bonds,
notes, and other obligations, the procedures related thereto, and the refunding thereof shall
be set forth in the resolution authorizing said bonds, notes, or other obligations and shall, as
nearly as may be practicable, be substantially the same as those provided by law for any of
the contracting parties to this Intergovernmental Agreement; except that bonds, notes, or
other obligations so issued shall not constitute an indebtedness of the Authority, the City or
the County within the meaning of any constitutional, home rule charter or statutory limitation
or other provision unless expressly assumed by the City or the County. Each bond, note, or
other obligation issued under this subsection shall recite in substance that said bond, note, or
other obligation, including the interest thereon, is payable solely from the revenues and other
available funds of the Authority pledged for the payment thereof unless expressly assumed
by the City or the County and that said bond, note, or other obligation does not constitute a
debt of the Authority, the City or the County or within the meaning of any constitutional,
home rule charter or statutory limitations or provisions unless expressly assumed by the City
or the County. Notwithstanding anything in this Section IV to the contrary, such bonds,
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notes, and other obligations may be issued to mature at such times not beyond forty (40)
years from their respective issue dates, shall bear interest at such rates, and shall be sold at
such prices at, above or below the principal amount thereof, as shall be determined by the
Board.
D. The resolution, trust indenture, or other security agreement under which any bonds, notes, or
other obligations are issued shall constitute a contract with the holders thereof, and it may
contain such provisions as shall be determined by the Board to be appropriate and necessary
in connection with the issuance thereof and to provide security for the payment thereof,
including, without limitation, any mortgage or other security interest in any revenues, funds,
rights, or properties of the Authority. The bonds, notes and other obligations of the Authority
and the income therefrom are exempt from taxation, except inheritance, estate, and transfer
taxes pursuant to the Colorado Revised Statutes.
V. LEGAL ASSISTANCE:
Legal assistance for the Authority shall be provided both by the City and County Attorney's
Office for specific problems related to Authority programs; subject, however, to the availability
of staff time of the respective attorney offices. The Executive Director may retain independent
counsel whenever the City or County Attorney's Offices are unable or unwilling to provide legal
representation to the Authority. In addition, the Executive Director may retain independent legal
counsel, as needed, for day-to-day consultation and legal advice. The City Attorney shall review
all contract documents that purport to legally obligate the City in any fashion. The County
Attorney shall review all contract documents that purport to legally obligate the County in any
fashion.
VI. DISPOSITION OF ASSETS UPON TERMINATION:
In the event of the termination of this Intergovernmental Agreement which termination may only
occur in accordance with the requirements and limitations of Section VII hereof, and the
resulting dissolution of the Authority, the assets of the Authority shall be distributed as follows:
A. All assets acquired from contributions from the City or the County shall be returned to the
contributing party if said assets are still in existence.
B. If assets contributed to the Authority are not in existence, the contributing party shall have
the option of receiving the fair market value of the asset at the time of disposal by the
Authority in either cash or assets of the Authority.
C. All remaining assets acquired by the Authority after the date of this Intergovernmental
Agreement from funds provided by the parties shall be distributed to the parties on the basis
of the appraised value of said assets at the time of termination and in the same proportion as
the respective contributions of funds by the parties for acquisition of the asset.
D. The City and the County may agree to dispose of any assets of the Authority in any other
acceptable manner.
E. If the City and he County cannot agree on the disposition of any assets of the Authority
within sixty (60) days after termination, said assets shall be subject to an independent
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appraisal and shall be sold at public auction as soon as practicable with the proceeds
allocated to the City and the County in the same proportion as the total contribution of funds
by the respective parties for acquisition of the asset.
VII. ANNUAL RENEWAL AND TERMINATION:
The term of this Intergovernmental Agreement shall be from the effective date hereof through
December 31, 2013, and shall automatically be renewed for successive one-year periods
thereafter. Either party hereto may terminate this Intergovernmental Agreement for any reason
upon ninety (90) days' written notice, provided, however, that this Intergovernmental Agreement
may not be terminated or rescinded so long as the Authority has bonds, notes, or other
obligations outstanding, unless provision for full payment of such obligations, by escrow or
otherwise, has been made pursuant to the terms of such obligations; provided, however, that if
full payment has been provided by escrow, such termination or recision shall not occur unless
nationally recognized bond counsel has delivered an opinion to the effect that such termination
or recision, in and of itself, will not adversely affect the tax status of the interest on such
escrowed obligations. Furthermore, this Intergovernmental Agreement may not be terminated if
the Authority has obligations to the U.S. Department of Housing and Urban Development under
any Low Rent Public Housing Program, or other similar program, unless those obligations are
assumed by the City or the County.
VIII. MODIFICATION OF THIS AGREEMENT:
This Agreement may be modified by written amendment approved by the City Council and
Board of County Commissioners, acting separate.
IX. NOTICES:
Any formal notice, demand or request provided for in this Intergovernmental Agreement shall be
in writing and shall be deemed properly given if deposited in the United States Mail, postage
prepaid to:
City of Aspen, Colorado Board of County Commissioners
c/o City Manager c/o County Manager
130 South Galena Street 506 East Main Street
Aspen, Colorado 81611 Aspen, Colorado 81611
Aspen/Pitkin County Housing Authority
c/o Executive Director
530 East Main Street, Lower Level
Aspen, CO 81611
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement
on the day and year first above written.
ATTEST: CITY COUNCIL OF ASPEN, COLORADO
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_________________________________ ______________________________________
Clerk Mayor
APPROVED AS TO FORM:
_________________________________
City Attorney
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
_________________________________ _____________________________________
Clerk and Recorder Chairperson
APPROVED AS TO FORM:
_________________________________
County Attorney
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AGENDA ITEM SUMMARY
WORK SESSION DATE: September 17, 2013
AGENDA ITEM TITLE: Joint City/County Board of Health Meeting To Discuss Combining
City and County Boards of Health
STAFF RESPONSIBLE: Liz Stark, C.J. Oliver
ISSUE STATEMENT: The Pitkin County Public Health Director, Liz Stark, and the City of Aspen
Public Health Director, C.J.Oliver will present the concept of combining the City of Aspen and
Pitkin County Boards of Health in order to streamline the governance structure and to create
efficiencies.
BACKGROUND:
Public Health Act Requirements
The Colorado Public Health Act – SB 08-194 required Boards of County Commissioners (or
municipalities) to establish a county public health agency or participate in a district public health
agency by July 1, 2009. The Public Health Act also required that within 90 days of establishing a
Public Health Agency, a local board of health would be established. Such boards are required to
adhere to the following:
Consist of at least five commissioner-appointed members so that no business or
professional group, or governmental entity shall constitute a majority of the board
Counties of less than 100,000 people can have a three0member board-and the county
commissioners may serve as the board of health or as a member of the board
Home-rule counties will abide by their charters in respect to the establishment of a local
board of health
Jurisdiction shall include county or counties within a district and all municipalities
therein unless a municipal public health agency is established.
Attachment A ( SB 08-194 Public Health Act) provides Guidance for County and District
Boards of Health
Current Structure in Pitkin County and City of Aspen
In May, 2009, Pitkin County Board of County Commissioners by resolution identified the Board
of Health as the Public Health Agency and identified the Board of County Commissioners as the
Board of Health. Shortly thereafter, the Pitkin Board of Health named Liz Stark as the Public
Health Director. Concurrently the City of Aspen identified the City Council as their Public
Health Agency and the Board of Health. They named Lee Cassin as their Public Health Director.
There are only two municipalities in Colorado that acted on the option to establish themselves as
a Board of Health (Aspen and Denver.)
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Attachment B is a current organizational chart that provides a visual of the complicated
structure that we have inadvertently created in Pitkin County to address the Public Health Act.
City and County staff and Boards of Health have attempted to work within this structure to
comply with the Public Health Act mandates; City of Aspen and Pitkin County shared Dr. Cohen
as our Local Medical Officers; and, Liz Stark and Lee Cassin (after her retirement C.J. Oliver)
worked together to streamline priorities with the City and Pitkin County submitting separate
Public Health Improvement Plans.
Attachment C presents a draft organizational chart of how direction and support might work in a
new structure if we combine Boards of Health, Public Health Agencies and Public Health
Directors. Attachment D presents a draft chart of how the money would flow in the proposed
structure.
Staff Review and Possible Solutions
City of Aspen, CHS and Pitkin County staff met in June, 2013, and concluded that the current
structure for Public Health in Pitkin County is redundant, inefficient and confusing. Staff used
this meeting to evaluate the pros and cons of combining City and County Boards of Health in
order to streamline the governance of public health in our community. Below are the potential
“Pros” of combining our Boards of Health, including:
Simplification of direction/oversight of public health services in Pitkin County
It is the State of Colorado’s (Colorado Department of Public Health and Environment)
preference that we have one Board of Health
It would clarify the lines of accountability/responsibility for public health
In a crisis it will speed up response to have one Board of Health
Timing is good with the Community Health Assessment and Public Health Improvement
Plans completed and submitted
It would align us better with the Public Health Act
We could potentially bring more community expertise to the Board of Health
We have too many boards with the CHS Board of Directors, Pitkin Board of Health, City
of Aspen Board of Health, Pitkin Board of County Commissioners and City Council
The potential “Cons” of combining our Boards of Health, include:
Potential loss of political control for Aspen in a crisis
Potential fiscal confusion because of the different contracts coming from the CDPHE to
CHS, Pitkin EH and City of Aspen EH.
Need to work out governance issues (ie. potential for City of Aspen Environmental
Health going before the Pitkin County’s Board of Health on a license revocation hearing.
Advantages of combined Board of Health structure
Below are a list of advantages to combining the Boards of Health, Public Health Agencies and
Public Health Directors:
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1. The most obvious advantage of collapsing the City of Aspen’s Board of Health, Public
Health Agency and Public Health Director and working cooperatively within a structure
of only one of each entity in Pitkin County is the simplification of direction/oversight of
public health services in Pitkin County. One Public Health Director can work to assist
one Board of Health in determining local public health priorities, one Performance ublic
Health Improvement Plan and one set of funding priorities.
2. In a Public Health Emergency having one Board of Health, one Public Health Agency
and one Public Health Director will assist with the following
a. One Public Health Director can work faster and more efficiently to determine if
there is a Public Health threat, whether it is in a municipality or county-wide, and
how to respond.
b. There is a natural ease of convening the Board of County Commissioners as the
one Board of Health to review the threats and potential responses because of their
regular schedule.
c. It would be more efficient to present public health threats to one Board of Health
to streamline information sharing, communication, planning, response and
recovery.
d. One Board of Health can move faster, easier and more effectively to determine if
additional resources are needed, to activate one response system and avoid
duplication (ie., Emergency Support Function 8 – Public Health and Medical
Care). One response system will allow for all partners to share information and
concerns about their jurisdiction.
e. If one Board of Health has City of Aspen and Town of Snowmass Village
representation it will assist in communication, prioritization and resource
allocation in the event of an emergency.
3. One Board of Health in Pitkin County will help streamline our structure and relationship
with the Colorado Department of Public Health and Environment. The proposal to create
one Pitkin County Board of Health is supported by the state and allows us to participate
in state public health structure, initiatives and governance in a way that is more like the
rest of the counties. It is the State of Colorado’s (Colorado Department of Public Health
and Environment) preference that we have one Board of Health. It would also better align
us with the Public Health Act.
4. One Board of Health and Public Health Officer will streamline communication to and
from the Local Medical Officer.
5. One Board of Health would clarify the lines of accountability/responsibility for public
health.
6. One Pitkin County Public Health Director will work cooperatively with the City and the
County Environmental Health departments to determine and coordinate one
comprehensive Public Health response to public health nuisances, communicable disease
threats and emergency preparedness.
Staff Recommendations
Because the opportunities of combining our Boards of Health far out- weigh the challenges, staff
from City of Aspen, Community Health Services and Pitkin County are unanimously
recommending that the City of Aspen discontinue its Board of Health, Public Health Agency and
Public Health Director in favor of establishing one Board of Health, one Public Health Agency
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and one Public Health Director in Pitkin County. While there are some merits to establishing a
totally separate Board of Health (from the Board of County Commissioners) staff also
unanimously recommend that because public health services are contracted to a separate private
non-profit organization with its own Board of Directors, it would be more efficient to use the
Board of County Commissioners plus two additional members for our sole Board of Health.
LINK TO PITKIN COUNTY STRATEGIC PLAN:
Livable and Supportive Community- Self Sufficient Individuals and Families
Prosperous Economy – Affordable and quality health care options
KEY DISCUSSION ITEMS:
1. Direct staff on the concept of a combined Pitkin County Board of Health.
BUDGETARY IMPACT: None at this time
RECOMMENDED BOCC ACTION: Direct staff to proceed with the recommendation to
combine the City of Aspen and Pitkin County Boards of Health
ATTACHMENTS:
A. Guidance for County or District Boards of Health
B. Current Organizational Chart- Pitkin County/City of Aspen Public Health Structure
C. Proposed Support and Direction for Public Health
D. Proposed Money Flow for Public Health
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April 2009
SB-194, Public Health Act of 2008, was signed into law by Governor Ritter and requires that each County, by
resolution of its board of county commissioners, establish and maintain a county public health agency. Any two
or more contiguous counties, by resolutions of the boards of county commissioners of the respective counties,
may establish and maintain a district public health agency. An agency shall consist of a county or district board
of health, a public health director, and all other personnel employed or retained. Within ninety days after the
adoption of a resolution to establish and maintain a county public health agency, the respective board of county
commissioners shall proceed to organize the agency by the appointment of county or district board of health.
The description and duties are outlined in Colorado Revised Statute, 25-1-508 (formerly C.R.S. 25-1-502).
County Board of Health Structure
Each county or district board of health shall consist of at least five members to be appointed by the board of
county commissioners for five-year terms. County commissioners stagger the terms of the initial appointments,
thereafter appointments shall be for five years.
Single county agencies with populations of less than 100,000 can have a three-member board to be appointed by
the board of county commissioners for five-year terms. The requirements for the board of health shall include
the following:
• Each member shall be a resident of the county in which the county agency is located.
• No business or professional group or governmental entity shall constitute a majority of the board.
Note: If a county with a population less than 100,000 does not have a board of health that is separate from the
board of county commissioners, the board of county commissioners may designate itself as the county board of
health as of July 1, 2008. Boards of county commissioners in counties that have been served by a separate board
of health prior to July 1, 2008 may not establish themselves as the new board of health of the newly established
or re-authorized county or district public health agency.
District Board of Health Structure
District boards of health shall consist of a minimum of five members and:
• Shall include at least one representative from each county in the district.
• Members shall be appointed by an appointments committee composed of one member of each of the
boards of county commissioners of the counties comprising the district.
• The appointments committee shall designate the number of members of its district board.
• Each member of the district board shall be a resident of one of the counties comprising the district
• There shall be at least one member from each of the counties comprising the district.
• No business or professional group or governmental entity shall constitute a majority of the board.
Municipal Board of Health
Except as otherwise provided by law, the mayor and council of each incorporated town or city, whether
incorporated under general statues or special charter in this state, may establish a municipal public health agency
and appoint a municipal board of health. If appointed, the municipal board of health shall have all the powers
and responsibilities and perform all the duties of a county or district board of health within the city or town
limits.
SB 08-194: Public Health Act
County and District Boards of Health Guidance
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April 2009
Summary of Duties of a County or District Board of Health
A county or district board of health provides oversight to the designated public health agency and is responsible
for selecting, advising and evaluating the Public Health Director. Specific duties include (please refer to
C.R.S. 25-1-508 for complete details):
Program/Service Planning: Determine the services to carry out the public health laws and rules of the
state board of health and CDPHE’s environmental commissions according to the specific needs and
resources available within the community and as set out in the state and local plans. If funds are
insufficient to provide the above services, set priorities for providing services and include the list in the
local plan. Review and approve the local public health plan and submit to the state board of health for
review.
Policy-making: Consider advice from the local public health agency regarding policy issues necessary
to protect public health and the environment. Develop and promote the public policies needed to secure
the conditions necessary for a healthy community. Determine general policies to be followed by the
public health director in administering and enforcing public health laws, orders, and rules of the county
or district board and orders, rules, and standards of the state board. Issue orders and adopt rules not
inconsistent with the public health laws of this state.
Financial Oversight: Certify that claims or demands against the local public health agency fund shall
be expended only for public health purposes. Annually estimate the total cost of maintaining the local
public health agency for the ensuing year and submit a budget to the county commissioners.
Administrative Oversight: Accept and, through the public health director, use, disburse, and
administer all Federal and State aid or other property and services or money allotted to an agency for
county or district public health functions. Provide for and assess fees to offset the actual, direct cost of
environmental health services. The county or district board is empowered to make agreements that may
be required to receive such moneys or other assistance.
The following questions have been asked by many county representatives, and while the Colorado Department
of Health and Environment can not formally advise counties, the answers to these questions are based on the
information from the drafters of the Act and research of best practices in Colorado and nationally.
Q. Does the Act require that a new county and/or district board of health be appointed?
A: Yes, the board of county commissioners should appoint a district or county board of health within 90 days of
adopting a resolution to establish their public health agency. Existing boards of health may be re-appointed with
any changes to their by-laws to meet the requirements in C.R.S. 25-1-508 related to terms of appointment
(staggered, five year terms). If a new district public health agency is formed, the counties would appoint a
district board of health, and the former county level board of health would be dissolved in deference to the new
district board of health.
Q: Can the existing boards of health be re-appointed?
A: Yes, each county board of health shall consist of at least five members to be appointed by the board of
county commissioners for five-year terms; except that the board of county commissioners shall stagger the terms
of the initial appointments. Thereafter, a full-term appointment shall be for five years.
Related Frequently Asked Questions
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-3-
April 2009
Q: What is the recommended composition of the board of health?
A: According to the National Association of Local Boards of Health (NALBOH), local boards of health should
reflect the diversity of the communities that they serve. The following is a list of areas of expertise that
contribute to the strength of local board of health and should be considered when appointing members:
environmental health, medicine or public health, nursing, community mental health, social work, health
promotion, community advocacy and education, media relations, and business. Securing persons with these
characteristics may not always achievable, appointing authorities should seek such candidates to improve the
effectiveness of the board in overseeing essential public health services1. In addition to NALBOH’s
recommendations, other representation to consider include: members from various municipalities and/or urban
centers, critical community organizations that support or provide public health services and other community
partners (i.e. communities of color, faith-based organizations, and/or representatives of populations served). The
number of board members usually ranges from 5-15 members.
Q: Can the board of county commissioners be the appointed board of health?
A: The “best practice” is for boards of county commissioners to appoint at least 5 members to a separate board
of health. Under the previous rules, organized health departments were required to appoint a five member board
of health. The Act does allow an exception for counties with populations less than 100,000 people wherein the
board of county commissioners can opt to appoint a 3 member board or continue to be the board of health if they
had served in that capacity prior to July 1, 2008.
Q: How often does the local board of health meet?
A: Regular county or district board meetings shall be held at least once every three months at times determined
by resolution of the board. Special meetings may be called by the president, the public health director, or by a
majority of the members of the board at any time on a three days’ prior notice. In case of emergency a special
meeting can be called with twenty-four hours’ notice.
Q: Who will serve as the board of health president? Does the Public Health Director serve on the board
of health?
A: The county or district board will elect a president and other officers at its organizational meeting. The Public
Health Director of the agency, at the discretion of the board, may serve as secretary of the board but is not
considered a member of the board.
Q. How is the board of health responsible when the public health director is an unfilled position?
A. In the event of a vacancy in the position of public health director or medical officer, the board of health can
either employ or contract with a person deemed qualified to fill the position. The board of health can request
temporary assistance from a public health director or medical officer from another county or an employee of the
state health department, such as a qualified executive director or the chief medical officer, to serve on an interim
basis with all the power and duties of the position.
Q: What resources will be available for orienting boards of health to their responsibilities?
A: Technical assistance will be available from the Office of Planning and Partnerships and with the Colorado
Association of Local Public Health Officials (CALPHO). National resources include the National Association
of Local Boards of Health (NALBOH) and the National Association of County and City Officials (NACCHO).
1 National Association of Local Boards of Health. Guide to Appointing Local Board of Health Members. www.nalboh.org
(accessed March 2009)
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(Attachment B)
State Board of Health
Aspen Public Health Agency
(Aspen Environmental
Health)
CJ Oliver -Director
City of Aspen BOH (City Council)
City Finance $$
Pitkin County BOH
(BOCC)
Pitkin County treasurer $$
Pitkin County Public Health Agency
Liz Stark -Director
Pitkin EH
Community Health
Liz Stark -Director
-Provide large portion of true Public
Health Services
CHS Board of
Directors
Dollars (Public Health)
Direction/Support
Current Configuration
Pitkin County/City of Aspen Public Health – (June. 2013)
Other non-public health
dollars (General Fund)
City of Aspen
TOSV
Basalt Healthy Community Fund
$$$
CDPHE
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State Board of Health
Board of Health
BOCC
COA Representative
TOSV Representative
BOCC -Local Public
Health Agency
Pitkin County
Treasurer
City Council
Consumer
Protection
Public Health Director-Liz Stark
Medical officer- Dr. Levin
Community Health Services-Public
Health functions/services
City of Aspen EH
Supports Public
Health Director
with EH services
Pitkin County EH
Supports Public
Health Director
with EH services
CHS Board
Colorado Department of Public Health
and Environment
ATTACHMENT C–
Support/Direction
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State Board of Health
Board of Health
BOCC
COA Representative
TOSV Representative
BOCC -Local Public
Health Agency
Pitkin County
Treasurer
Healthy
Community Fund
and General Fund
City Council
Consumer
Protection
General Fund
Public Health Director-Liz Stark
Medical officer- Dr. Levin
Community Health Services-Public
Health functions/services
City of Aspen EH
Supports Public
Health Director
with EH services
Pitkin County EH
Supports Public
Health Director
with EH services
CHS Board
Colorado Department of Public Health
and Environment
ATTACHMENT D –
Money Flow
Other non-public
health dollars
(General Fund)
TOSV
Basalt
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Page 1 of 5
MEMORANDUM
TO: Board of County Commissioners and City Council
FROM: Travis Elliott, Management Analyst Intern
THRU: Community Wildfire Mitigation Team
DATE OF MEMO: September 12, 2013
WORK SESSION DATE: September 17, 2013
RE: Wildfire Mitigation Program Update
BACKGROUND: The state of Colorado and our local community have come to realize the
danger and threat wildfire poses in our environment of a Wildland Urban Interface (WUI). Over
the past several years, this threat has been exacerbated by periods of drought, and the issue is
drawing additional attention at all levels of government in Colorado due to the severity of fires
and the extreme levels of damage, including loss of life. With this in mind, it was out of
necessity that our local community began to mitigate the threat of wildfire.
Members of the City of Aspen, Pitkin County, the Aspen Fire Protection District, Holy Cross
Electric, and the Colorado State Forest Service have teamed up as the Community Wildfire
Mitigation Team. This team has been able to build upon existing programs, design new ones, and
take on projects to make the community safer in the event of a wildfire. The efforts of this team
are a testament to the community, and the ability to work together across jurisdictional
boundaries to benefit the community as a whole. However, these efforts would be useless
without the support and funding from City Council and the Board of County Commissioners.
In July, the City of Aspen committed funds for the Team to proceed with several mitigation
projects. In August, the AFPD also committed funds to assist with the removal of wildfire fuels
in the community. Holy Cross and Pitkin County have committed staff time and labor.
The purpose of this memo is to provide an update of these projects, describe how these resources
are being used, and to inform both the Board and Council that this will be an ongoing effort.
UPDATE: A truly effective wildfire mitigation program requires ongoing support and attention,
and it incorporates the many dimensions that influence wildfire behavior. Realizing this, the
Community Wildfire Mitigation Team has targeted and focused their efforts on several priority
areas.
1. Community Outreach and Education
Property owners are perhaps the most important players in wildfire prevention
and mitigation—an educated and engaged community can make the difference
between a contained and uncontained wildfire event. This year, the Team was
able to build upon previous programs and efforts to assist in the ongoing
education of our community. The “Ready, Set, Go!” campaign was held in June,
property risk assessments have been conducted all summer long, and several
neighborhood meetings have been held to build community awareness. This
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Page 2 of 5
education and outreach will be an ongoing priority for the Team, and we will
continue to look for ways to educate and mitigate additional properties.
2. Fuel Removal
Although removing fuels and creating defensible space around individual
properties is the ultimate target of our community outreach and education, the
Team has identified several priority areas where we found it necessary to remove
fuels ourselves. One example of these areas is on Red Mountain. The Team has
worked to design strategic Fuel Breaks along the side of the mountain to give
firefighters an “anchor point” and starting point for a formal fire break. This
project is currently underway, and images of these fuel breaks are included. Based
on the success of this program, the Team would like to continue to mitigate dense
areas.
3. Ingress & Egress
There are several dead end neighborhoods in our community which only provide
one way in and one way out for residents, their guests, and workers traveling in
and out of the neighborhood. This can be potentially hazardous for evacuation and
firefighting efforts in the event of an emergency. Two of these neighborhoods,
McSkimming and Eastwood, have been identified as a priority. The Team is
attempting to construct evacuation routes to provide an alternative route if the
main road is inaccessible. Currently, we are working with property owners in the
neighborhoods to reach consent on an acceptable route and design. This project is
contingent upon their approval.
4. Water System Hardening
Many of the residences surrounding Aspen rely on electric powered pump stations
to receive their water supply. In the event of a wildfire, there is a potential threat
of these pump stations losing power, and in turn, the area losing its water supply.
This concern has caused the Team to assess and evaluate the water delivery
system and develop ways to ensure backup power is available in the event of any
emergency. A water systems model is being developed by an outside consultant to
determine the most strategic infrastructure upgrade. This should be completed by
the end of the month, and the Team anticipates acquiring and installing some of
the hardware in 2014.
5. Wildfire Fighting Capabilities Assessment
In conjunction with the water system model, a Hydrant inventory and capabilities
assessment has been completed, an analysis of ponds and water sources in the
area is in progress, and safe zones for the public and personnel have been
identified.
6. Gathering and Organizing Community Data
As property assessments and mitigation efforts take place, the Team desires to
keep an accurate record of which properties have been mitigated. Properties
within Pitkin County are subject to certain mitigation regulations, and
enforcement is contingent upon the ability to know which properties fall under
these regulations and have been assessed and mitigated.
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Page 3 of 5
CONCLUSION / OUTLOOK: Although the Community Wildfire Mitigation Team feels as
though we have accomplished a moderate amount of success in making our community safer in
the event of a wildfire, these efforts are only the beginning of what will be an ongoing effort. The
Team anticipates continuously working together, creating uniformity in wildfire mitigation
procedures across jurisdictions, and creating additional support and buy-in from the public to
create defensible space around our community.
CITY/COUNTY MANAGER COMMENTS:
ATTACHMENTS: Red Mountain Fuel Break Pictures
Easement Fuel Break Before
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Page 4 of 5
Easement Fuel Break After
Hunter Creek Pump House Before
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Page 5 of 5
Hunter Creek Pump House After
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