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HomeMy WebLinkAboutresolution.council.096-05 RESOLUTION NO. ~, Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING ASPEN/PITKIN COUNTY ANIMAL SHELTER BOARD APPOINTMENTS, BYLAWS, AND AN INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE ASPEN/PITKIN COUNTY ANIMAL SHELTER, BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY, COLORADO, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Intergovernmental Agreement for operation of the Aspen/Pitkin County Animal Shelter, between the City of Aspen and Pitkin County, Colorado, a true and accurate copy of which is attached hereto as Exhibit "A"; WHEREAS, said Intergovernmental Agreement is approved with exception to section 1.04 concerning snow removal. The plowing of the parking lot manet will be readdressed in section 1.04 of the IGA seeking BOCC approval. Exhibit A as attached has been approved by the BOCC. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves Aspen/Pitkin County Animal Shelter Board appoinnnents and By Laws and the proposed Intergovernmental Agreement for operation of the Aspen/Pitkin Animal Shelter, between the City of Aspen and Pitkin County, Colorado, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the day o TLO- saved: 12/5/2005-G:\tara\Resos\lGA animal shelter doc I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Ko~, C!ity Clerk A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, APPROViNG AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN CONCERNiNG OWNERSHIP AND OPERATION OF THE ANTIMAL SHELTER Resolution Recitals 1. The Board of County Conzrnissioners (County) and the City of Aspen (City), upon finalization of certain conveyances between them, will jointly own the real property and improvements known as the Aspen/Pitkin County Animal Shelter (the "Shelter"), located at 101 Animal Shelter Road, Aspen, Colorado. 2. The attached Intergovernmental Agreement between the City and County sets forth the agreement of the parties concerning the joint ownership and operation of the Animal Shelter property. 3. It is in the best interests of Pitkin County to approve the Intergovernmental Agreement. Now, therefore, be it resolved, that the Board of County Commissioners of Pitkin County, Colorado hereby approves and authorizes the Chair to sign an intergovernmental agreement with the City for the ownership and operation o£the animal shelter in a form substantially similar to the attached intergoven~mental agreement. iNTRODUCED, FIRST READ AND SET FOR PUBLIC HEARiNG ON THE 12TM DAY OF OCTOBER 2005. NOTICE OF PUBLIC HEARING PUBLISHED iN THE ASPEN TIMES ON THE/~ e DAY OF ( ,/~.d(?.~_~L,,2005. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 26TM DAY OF OCTOBER, 2005. PUBLISHED AFTER ADOPTION IN THE ASPEN TiMES WEEKLY ON THE 3 7~ DAY OF~005. ATTEST: Je~j.ette Jones, Depu BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Clerk Patti Kay-Clapp~'r, Chair' County Attorney's Approval Hilary F~?her Smith, Manager 3 INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE ASPEN/PITKIN COUNTY ANIMAL SHELTER This Agreement Operation of the Aspen/Pitkin County Animal Shelter in Pitkin County, Colorado (the "Agreement") is made as of this day of _, 2005 by and between Pitkin County, Colorado, a home rule county and political subdivision of the State of Colorado (the "County") and the City of Aspen, Colorado, a municipal corporation and political subdivision of the State of Colorado (the "City"). Recitals 1. The City and County jointly own the real property and improvements known as the Aspen/Pitkin County Animal Shelter (the "Shelter"), located at 101 Animal Shelter Road, Aspen, Colorado. 2. The building on the Shelter property includes the animal shelter boarding facility and related animal uses, currently under lease to Sachson, Inc., and two employee apartments, to be leased to two employees of Sachson, Inc. or City/County employees. 3. The City and County are also parties to an Agreement for Joint Developffient and Operation of the AsperffPitkin County Animal Shelter, along with the Aspen/Pitkin Animal Shelter Capital Campaign (the Development IGA). 4. The Development IGA, Article 7, provides that the Shelter shall be jointly operated by the City and County, and includes some limit on the County's financial obligations, but does not specify responsibilities for the joint operation. 5. The City and the County desire to specify responsibilities for the joint ownership and operation of the Shelter. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows: Article 1. Financial Responsibility. 1.01 Operating Account. As stated in the Development IGA, 7.01, the parties intend that the general operating expenses for the Shelter will be covered by lease revenues. The City shall be responsible for managing the Shelter property, including managing all leases and collecting the revenues from those leases. These revenues will be maintained by the City in an operating account from which the City shall pay all operational expenses for the Shelter. 1.02 Operating Expenses. An operating expense is defined as any expense that is not a capital expense. It is contemplated that the Shelter operational expenses shall consist of 4 the costs of insurance for the building and property, snowplowing of the parking lot, repairs, supplies, and other miscellaneous non-capital expenses not assumed by the tenants of the Shelter. The City agrees to obtain and maintain the insurance, contract for the snowplowing of the parking lot, and assure the provision of necessary repairs and supplies for the Shelter. As set forth in the Development IGA and the Shelter Lease, there shall be no expenses incurred or paid by the City or County for the shelter of dogs, cats or other domestic animals by the City or County. Any punchlist or other items or expenses remaining from the construction of the building shall not be considered an operating expense and shall be solely the responsibility of the City. 1.03 Capital expenses. Capital expense is defined as the cost of any item with a useful Iife of more than five years or with an initial value of more than $5000. The City and County shall agree to a capital replacement schedule for the Shelter armually, as part of each entity's budget process. The City Asset Manager shall submit the replacement schedule to the County at the same time that it is submitted to the City as part of its Asset Management Plan process. Approval by each entity in its budget process will constitute agreement. At no time shall the County's share of capital expenses exceed the amount in its Shelter fund described in Section 1.04. 1.04 CounW responsibility for operational and capital expenses. As set out in the Development IGA, to the extent that lease revenues are not sufficient to pay operating expenses, the County shall contribute one half the operating expenses, but in no event shall the County's contribution exceed $10,000 per year. In addition and separate from the maximum $10,000 per year contribution, the County shall be solely responsible for plowing the access road to the Shelter property, for so long as the County also plows the road to its Public Works building. The County agrees to budget $10,000 each year in a fund for operational and capital expenses for the Shelter property (the Shelter fund). Any funds not used in a budget year by the County shall be carried forward in the Shelter fund for future capital expenses. The County shall be responsible for one half the capital expenses for the Shelter, as limited by the total in its Shelter fund. 1.05 City responsibility for operational and capital expenses. To the extent that lease revenues are insufficient to pay operating expenses, the City shall contribute one half the operating expenses. The City shall adequately fund its Asset Management Plan to cover its of any capital expenses. In addition, the City agrees to fund whatever portion of any capital expense required in excess of the County Shelter fund limit. 1.06 Annual reporting and accounting. Within ninety (90) days of the end of each fiscal year, the City shall provide the County a summary of ail expenditures and revenues made from the operating account for that fiscal year. To the extent that the balance in the operating account exceeds $5000.00, the excess over $5000.00 shall be distributed equally to the City and the County. The County shall deposit its share of any excess operational funds in its Shelter fund, and any such deposit shall not be counted as part of the County's $10,000 armual contribution. Article 2. Management of Leases. 2.01 Lease to Sachson, Inc. The City shall manage the lease with Sacbson, Inc. However, whenever the Lease requires the consent or any action of the City and County as Lessors, the City shall consult with and obtain the consent of the County in a timely fashion. 2.02 Lease to tenants ofresidentiaI units. The City shall manage the leases for the two residential units, and any tenant must qualify under the Aspen/Pitkin County Housing Office guidelines in effect for each unit. First priority for both units will be for employees of the Shelter Operator; second priority will be for a City/County employee whose position relates to Shelter operations; and thereafter to a City/County employee who is willing to accept living in close proximity to Shelter operations. Whenever a trait becomes available for a City/County employee, the City and County together shall agree upon the tenant for that unit. The lease to be used for the residential units shall be approved by the County Attorney. 2.03 Utilities. The City shall pay the monthly gas, sewer, water and trash bills from the operating account, but shall bill and collect proportionate amounts of each bill as additional rent monthly from each tenant in the building as specified in the leases. Article 3. Insurance. 3.01. Certificates of Insurance. The City shall insure the Shelter, naming the City and County both as insureds. The City shall provide the County with a certificate of insurance showing the County as additional insured for all insurance policies for the Shelter, including those required of each tenant. Article 4. Citizen Board. 4.01. Establishment of citizen board and bylaws. The City and County have approved Bylaws for the AsperffPitkin County Animal Shelter Advisory Board, establishing the terms and conditions for the operation of that citizen advisory board. Any changes to the Bylaws recommended by the Advisory Board shall be approved by both the City and County. 4.02. Staff liaisons. The Staff liaisons for the Advisory Board, as set forth in the Bylaws, are the County Anknal Safety Officer and the City Police Chief or his/her designee. Both liaisons are expected to attend the Advisory Board meetings and advise the County Commissioners and the City Council at least semi-annually of the activities of the Advisory Board. Responsibilities for agendas and minutes are set out in the Bylaws. Article 5. Miscellaneous. 5.01. Complete A~eement; Amendments. This Agreement constitutes the full and complete agreement between the parties and supersedes and controls over any and all prior agreements, understandings, representations, colrespondence and statements; provided, however, that the terms of the Development IGA that are not addressed in this Agreement remain in full force and effect. This agreement cannot be changed or revised except by written amendment signed by both parties. 5.02 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's and the County's power and authority. 5.03 Notice. Whenever either party is required to provide information, request consent from, or otherwise notify the other party, the contact shall be as follows: For the County: Pitkin County Animal Safety Officer (currently Marie Baker) 506 East Main Street Aspen, Colorado 81611 970 920-5361 Email: rb48(~,co.pitkin.co.us For the City: Chief of Police (currently Loren Ryerson) 506 East Main Street Aspen, Colorado 81611 970 920-5400 Email: lorenr~ci.aspen.co.us iN WITNESS WHEREOF, the parties have signed this agreement effective this __ day of ,2005. Approved as to form: z~5'~orc"~st~r 7 Qity Attorney Attest: 7 Board of County Commissioners of Pitkin County, Colorado Attest: Patti Kay Clapper~2hair ~ By: Clerk Approved as to form: John Ely Cotmty Attorney 8 --<~~_"_---~~-"---~<-",,,,,<~~,~,-,,"'--"--""'-' " BYLAWS OF THE ASPEN/PITKIN COUNTY ANIMAL SHELTER ADVISORY BOARD Adopted 9""i'~~'; _ Approved by Pitkin County Resolution 13/- ~~.j Approved by Aspen City Council '''-/2,-.'1' ~~ AeS'~.tl'" 1(,. Cf' ~'-'O(, ARTICLE I Name Section 1. Name. The name of this joint City of Aspen (the City) and Pitkin County (the County) citizen board shall be the AspenlPitkin County Animal Shelter Advisory Board (the Board). ---.... ARTICLE II Purpose and Policy Section 1. Purpose. The purpose of the Board is to make recommendations to the Aspen City Council and the Pitkin County Board of County Commissioners on policies for the operation of the AspenlPitkin County Animal Shelter (the Shelter), including, but not limited to, the formulation and,implementation of operating guidelines for the Shelter, policies and procedures for the Shelter, annual operating budget for the Shelter, appropriate reviews, and a capital improvements and maintenance program for the Shelter. Section 2. Policy. The policy of the Board is to: a) Assure that the Shelter operates as a no-kill facility. b) Assure that all animals in the Shelter are neutered and vaccinated before adoption. c) Assure that the Shelter Operator complies with the terms and conditions of the Lease between the Operator and the City and County. d) Assure that the welfare of the animals in the Shelter is always paramount. ... 3 J. Section 3. Additional Policies. The Board may from time to time adopt additional policies to guide the activities of the Board. - ARTICLE III Responsibilities Section 1. Functions. The Board shall: a) Review operating procedures for the Shelter and assure compliance with Board policy and the Shelter Lease Policies and Procedures Manual (Exhibit B to the Shelter Lease). b) Consult with the AspenlPitkin Animal Shelter Capital Campaign, a Colorado not-for- profit corporation (ASCC). c) Assure that neither the City nor the County pays any fees of any kind for animals the City or County deposits in the Shelter. d) Annually review the Shelter operating budget and report to City and County. e) Recommend a City/County capital improvements and replacement budget for the Shelter. f) Inspect the Shelter and its records as needed to determine compliance with Board policy. Article IV Membership Section 1. Number and Manner of Appointments. The Board shall consist of five (5) "- Members (hereinafter referred to as "Members"), and two (2) Alternates, as well as one non-voting member, serving staggered terms to be appointed as follows: a. Two Members and one Alternate shall be appointed by the Board of County Commissioners. b. Two Members and one Alternate shall be appointed by the City Council. c; One Member shall be appointed jointly by the Board of County Commissioners and the City Council. d. The non-voting member shall be appointed by the Shelter Operator. Section 2. Term. The terms of each Member, Alternate Member and non-voting member following the initial term shall be for a period of three years. Notwithstanding the terms set forth herein, Members, Alternate Members, and the non-voting member shall continue to serve as Members until such time as a successor has been appointed. Section 3. Qualifications. Each Member and Alternate Member shall be a resident of Pitkin County. Each Member and Alternate Member appointed by the City shall be a resident of the City. No Member shall be a member of the Board of County Commissioners, the City Council, or an employee of the City, County, or the Animal Shelter Operator (except the non-voting member). Members shall be selected from the animal welfare community and the community at large. The City and County shall provide notice to the ASCC or its successor organization prior to making any appointment to allow for recommendations ~. 4 ~ from ASCC or its successor. These qualifications do not apply to the non-voting member. .....",_. Section 4. Compensation. Each Member shall serve without pay. Section S. Removal. Members (including Alternates) appointed by the City Council may be removed at the sole discretion of the City Council. Members (including Alternates) appointed by the County Commissioners may be removed for violation of the County Standard of Conduct. The jointly appointed Member may be removed at the sole discretion of the City Council or by the County Commissioners for violation of the County Standard of Conduct. Upon the removal of a Member or Alternate Member, a replacement shall be appointed by the respective governmental entity(ies) that originally appointed the Member for the unexpired term of the removed Member or Alternate Member. The Chair shall request the governmental entity (ties) that originally appointed the Member to remove a Member who is absent from more than one-third ofthe regularly scheduled meetings within a calendar year. (In the case of extenuating circumstances, the Board may choose to make an exception to this rule). The non-voting member may be removed at the discretion ofthe Shelter Operator. ARTICLE V Officers Section 1. Officers. The officers of the Board shall be a Chair and Vice-Chair, and may include such other officers as the Board may from time to time appoint. The Chair and Vice-Chair shall be selected from the members of the Board. Section 2. Elections and Term of Office. The Chair and Vice-Chair shall be appointed by the Board at its first regular meeting. Subject to earlier termination, each officer shall hold office for up to two years and until hisfher successor shall have been duly appointed. A member appointed to the office of chair or vice-chair shall have the option of declining the office. Any other officers shall be appointed by the Board at any meeting and will serve at the pleasure of the Board. Section 3. Vacancies. Should the office of the Chair or Vice-Chair become vacant, the Board shall appoint the successor at a regular or special meeting of the Board, and such appointment shall be for the unexpired portion of the term. Section 4. Duties. (1) Chair. The Chair shall preside at all meetings of the Board and shall perform all duties usually incident to the office of Chair and such other duties as may be assigned to himlher from time to time by the Board. The Chair shall sign any resolutions, procedures and policies approved by the Board. 5 'f (2) Vice Chair. In the absence or disability of the Chair, the Vice Chair shall have all powers of and shall be subject to all restrictions upon the Chair. The Vice Chair shall perform such other duties as shall from time to time be assigned by the Board. '.e,.~~. ARTICLE VI Meetings Section 1. Re2nlar MeetinlZs. Regular meetings shall be held quarterly on the 4th Thursday of the 3rd month of each quarter, provided that the Board may from time to time resolve not to hold a regular meeting or to hold the meeting on a different day or time other than the regularly scheduled day or time, or to hold additional regular meetings. Section 2. Special MeetinlZs. A special meeting may be called at any time by the chairperson or by written request of two members of the Board. A minimum notice of twenty-four hours is required, unless said notice is waived with a written agreement of a quorum of Board members or by all members in attendance. "- Section 3. Order of Business. At regular meetings of the Board, the following shall be the recommended order of business: 1. Roll call 2. Board comments 3. Staff comments-City, County, Shelter 4. Public comment 5. Reading and approval of minutes of last meeting 6. Old business 7. New business 8. Adjourn Section 4. V otinlZ. Voting shall be either by voice or roll call vote. A roll call vote shall be conducted upon the request of a member of the Board or at the discretion of the presiding officer. Any action requiring a vote shall be decided by a simple majority. An Alternate Member shall be allowed to vote only in the absence of a regular Member. Section S. Quorum. A majority of members of the Board shall be necessary to constitute a quorum for the transaction ofbusiness. Section 6. Parliamentarv Procedure. The rules contained in Robert's Rules of Order shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and the Charter. 6 1"