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HomeMy WebLinkAboutagenda.council.worksession.20130917 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 1 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 P1 I. 2 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. P2 I. 3 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 P3 I. 4 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 P4 I. 5 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 P5 I. 6 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. P6 I. 7 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. P7 I. 8 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). P8 I. 9 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. P9 I. 10 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. P10 I. 11 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 P11 I. 12 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. P12 I. 13 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: P13 I. 14 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 P14 I. 15 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 P15 I. 16 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. P16 I. 17 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 P17 I. 18 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 P18 I. 19 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 P19 I. 20 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. P20 I. 21 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, P21 I. 22 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 P22 I. 23 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 P23 I. 24 _________________________________ ______________________________________ 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 P24 I. 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.) P25 II. 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: P26 II. 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 P27 II. 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 P28 II. -1- 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 P29 II. -2- 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): ƒ 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. ƒ 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. ƒ 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. ƒ 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 P30 II. -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) P31 II. (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 [Type a quote from the document or the summary of an interestin g point. You can position the text box anywhere in the document . Use the Drawing Tools tab to change the formattin g of the pull quote text box.] Local Medical Officer [Type a quote from the document or the summary of an interestin g point. You can position the text box anywhere in the document . Use the Drawing Tools tab to change the formattin g of the pull quote text box.] P32 II. 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 P33 II. 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 P34 II. 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 P35 III. 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. P36 III. 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 P37 III. Page 4 of 5 Easement Fuel Break After Hunter Creek Pump House Before P38 III. Page 5 of 5 Hunter Creek Pump House After P39 III.