HomeMy WebLinkAbout2020-08-18 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E T IN G
E vening Agenda
Virtual
6:00 P M, August 18, 2020
Meeting to be held Virtually (access H igh Five Access Media
livestr eam https://www.highfivemedia.org/live-five the day of
the meeting and visit https://www.vailgov.com/town-council to
participate in public comment)
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will
consider an item.
Public c omment will be taken on eac h agenda item.
Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town
services, polic ies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citiz en Participation (10 min.)
2.Any action as a result of executive session
3.Consent Agenda (5 min.)
3.1.J uly 7, 2020 Town Counc il Meeting Minutes
3.2.J uly 21, 2020 Town Council Meeting Minutes
3.3.Resolution No. 36, Series of 2020, A Resolution Approving and
I ntergovernmental Agreement B etween the Town of Vail and the Eagle
County Clerk and Recorder C oncerning a Coordinated E lection on
November 3, 2020.
3.4.Vail Bus Barn Electric B us Chargers Contract Award
Bac kground: The price of the c hargers was procured through the
Sourcewell. a cooperative purchasing community combining the buying
power of 50,000 government, educ ation, and nonprofit organizations. This
purchase is eligible to be reimbursed by the grant the town rec eived for the
conversion of the town shop to electric c harging. The projec t will be
completed this fall.
Staff Rec ommendation: Authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, with Chargepoint to
purchase four electric charges and associated equipment for the Vail Bus
Storage fac ility at Public W orks in the amount not to exc eed $ 226,596.
August 18, 2020 - Page 1 of 56
4.Town Manager Report (10 min.)
5.P resentations / Discussion
5.1.Update about Town Counc il I nitiative related to Children’s Garden of
Learning Reloc ation
15 min.
Presenter(s): Scott Robson, Town Manager
Bac kground: An update will be presented about progress made with C GL
disc ussions to relocate their fac ility. The town continues the dialogue with
C GL to outline a memo of understanding showing support to C GL in
facilitating the relocation of the facility, in both a temporary and permanent
capacity. The Council’s initiative for play ing a role in helping make
improvements in child-care service offerings will also involve broader
regional c onversations with other agencies and Vail businesses.
6.Action Items
6.1.Resolution No. 37 Series of 2020, A Resolution Approving a First
Amendment to Development Agreement Between the Town of Vail and
Crossroads East One, LLC
30 min
Presenter(s): Matt Mire, Town Attorney
Bac kground: The Town and C rossroads East One, L L C , entered into a
Development Agreement dated J uly 25, 2006. The Town and Crossroads
wish to amend the Development Agreement to allow for a renovation to
oc cur within the Solaris development as set forth the First Amendment to
Development Agreement attached as Exhibit A to Resolution Number 37,
Series 2020.
7.P ublic Hearings
7.1.Sec ond Reading of Ordinanc e No. 9, Series of 2020, A n Ordinanc e
Amending Title 4, Chapter 3 of the Vail Town Code to Define E conomic
Nexus and Update Methods for Collec tion and Remittance of S ales Tax.
5 min.
Presenter(s): Alex J akubiec, Revenue Manager
Action Requested of Counc il: A pprove, approve with amendments or deny
Ordinanc e No.9, Series 2020 upon second reading.
Bac kground: Following the 2018 Supreme Court decision in S outh Dakota
vs W ayfair, Colorado began the process of complying with destination
based sales tax collections. To simplify and c reate a less burdensome
remittance proc ess for remote sellers, the State of Colorado c reated a tax
simplification software allowing a single point of remittanc e. A s part of
participating in this software, adoption of Ordinance No. 9, Series 2020 will
update the town c ode to modify and add c ertain standard definitions to the
town's sales tax code.
Staff Rec ommendation: Approve, or approve with amendments Ordinanc e
No.9, Series 2020 upon second reading.
8.Adjournment
8.1.Adjournment 7:15 pm (estimate)
August 18, 2020 - Page 2 of 56
Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website
www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available
fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media
website the week fo llo wing meeting d ay, www.highfivemed ia.org.
P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with
48 ho ur notific ation dial 711.
August 18, 2020 - Page 3 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : J uly 7, 2020 Town Council Meeting Minutes
AT TAC H ME N TS :
Description
July 7, 2020 Town C ouncil Meeting Minutes
August 18, 2020 - Page 4 of 56
Town Council Meeting Minutes of July 7, 2020 Page 1
Vail Town Council Meeting Minutes
Tuesday, July 7, 2020
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Ric Almas, owner of Haagen-Dazs in Lionshead, expressed concern and disappointment over
the lack of event activations in Lionshead especially during the America Days and Farmer
Market. Village was packed but Lionshead was dead. Almas requested council spread the
events out to include Lionshead.
2. Any action as a result of executive session
There was none.
3. Award Recognition
3.1. Colorado Grand Scholarship Award Recognition
Presenter(s): Jenn Bruno, Council Member; Ed O'Brien and Don Shires, Colorado Grand
Representatives
Background: The Colorado Grand has offered an annual scholarship program to students
attending local schools in Eagle County. The 2020 award will be given to a senior student who
attends one of the local High Schools. Ed O’Brien, representing Colorado Grand, will recognize
the student and highlight the upcoming summer Colorado Grand program, an event that has
been in Vail for over 30 years.
Bruno introduced this year’s Colorado Grand Scholarship recipient, Estefania Montserrat Godoy
Vizcarra, a 2020 Battle Mountain High School senior.
August 18, 2020 - Page 5 of 56
Town Council Meeting Minutes of July 7, 2020 Page 2
Ed O’Brien stated how impressed he was with Godoy’s application, essay and volunteer work.
Godoy reflected on her education and her enjoyment of helping others achieve their goals.
Godoy thanked the Colorado Grand and Council for choosing her.
4. Consent Agenda
4.1. May 5, 2020 Town Council Meeting Minutes
Foley made a motion to approve the May 5, 2020 Town Council meeting minutes; Langmaid
seconded the motion passed (7-0).
4.2. May 19, 2020 Town Council Meeting Minutes
Foley made a motion to approve the May 19, 2020 Town Council meeting minutes; Langmaid
seconded the motion passed (7-0).
4.3. Electric Charging Station install Contract Award
Background: See attached memo
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney with Encore Electric in the amount not to exceed, $62,120.00.
Langmaid made a motion to authorize the Town Manager to enter into an agreement with
Encore Electric not to exceed $62,120.00; Mason seconded the motion passed (7-0).
4.4. Synexis Dry Hydrogen Peroxide System Contract Award
Background: See attached memo
Staff Recommendation: Authorize the Town Manager to enter into an initial purchase
agreement, in a form approved by the Town Attorney with Synexis in an amount not to exceed
$183,450 as directed by the council, in addition to the ongoing maintenance for 2020.
Langmaid made a motion to authorize the Town Manager to enter into an agreement with
Synexis not to exceed $183,450.00; Foley seconded the motion passed (7-0).
5. Town Manager Report
5.1. Vail America Days Recap
Robson noted the Vail America Days recap was discussed during the afternoon economic
recovery discussion. Robson wanted to reassure the public and council that Lionshead was
considered during the planning of this event and would be considered in the logistics of future
events.
6. Presentations / Discussion
6.1. Police Use of Force Policy Discussion
August 18, 2020 - Page 6 of 56
Town Council Meeting Minutes of July 7, 2020 Page 3
Presenter(s): Dwight Henninger, Police Chief; Ryan Kenney, Police Commander; Craig Bettis,
Police Commander; and Police Sergeant Chris Botkins
Background: On Friday, June 19, 2020, Governor Polis signed Senate Bill 20-217, Enhance
Law Enforcement Integrity, into law. This presentation is an update to the new law
requirements.
Police Chief Henninger briefly reviewed Senate Bill 20-217 concerning police use of force.
Commander Kenney reviewed Vail Police Departments’ use of force policies and explained the
policy required few changes to comply with SB20-217. The complete policy manual was jointly
managed by VPD and the Lexipol organization and followed the Colorado State model. Lexipol
was in the process of updating all policies effected by SB217 and would issue policy updates in
the coming days.
Police Sergeant Botkins provided several demonstrations of use of force for council to see and
explained Vail’s PD policy to exhaust all efforts to de-escalate a situation before using force.
Commander Bettis showed body cam worn videos of situations the PD had been involved. The
videos demonstrated the training the officers have had in de-escalating and using force if
needed. Bettis stated the Vail PD have conducted a variety of training related to use force
annually since 2015.
6.2. Vail Town Council's Alternate Housing Sites Initiative Memorandum of
Understanding Presentation
Presenter(s): George Ruther, Housing Director
Action Requested of Council: No Town Council action is requested at this time. The Mayor and
Town Council will hear public comment on this item during an evening public meeting on July
21st.
Background: The purpose of this agenda item is to present a copy of the Memorandum of
Understanding (MOU) prepared for the Vail Town Council’s Alternate Housing Site Initiative.
The Vail Town Council will hold a public meeting on July 21st to review the MOU in greater
detail and hear comment from the public. On January 16, 2020, Vail Mayor Dave Chapin
announced that the Town of Vail had approached representatives from Vail Resorts and
Triumph Development with the objective of exploring an alternate approach to the Booth
Heights development approved for East Vail. In doing so, it was acknowledged that the desire of
the Town was to pursue a win-win outcome that achieved an equitable balance between the
adopted housing and environmental stewardship goals. The proposed memorandum of
understanding outlines the details of an alternate housing site initiative.
Staff Recommendation: The memorandum of understanding is being presented to the Vail Town
Council and public on July 7th. To increase transparency and afford additional time for public
review prior to sharing public comment, a public meeting on this item is being held on July 21st.
Town staff recommends the Vail Town Council and members of the community listen to the
presentation in preparation of public meeting on July 21st.
Ruther reviewed the draft Memorandum of Understanding with council explaining the MOU was
between the Town of Vail, Triumph Development, and Vail Resorts and it would serve to outline
the terms and details of an understanding between the partners which included a mutual
acknowledgement of each partners’ expectations, obligations, responsibilities with regard to a
August 18, 2020 - Page 7 of 56
Town Council Meeting Minutes of July 7, 2020 Page 4
plan to pursue an alternate path to achieving the Town’s adopted housing and environmental
stewardship goals.
The key deal points of the MOU included:
• An extension of the approved Booth Heights entitlements
• Lot 3, Middle Creek Subdivision would be made available for a future deed restricted
housing development as an alternate site to Booth Heights.
• An EHU credit would be granted to Triumph Development/Vail Resorts for the deed-
restricted homes developed on Lot 3.
• The Timber Ridge Village Apartments would be redeveloped in the future assuring a
notable increase in the number of deed restricted homes.
• The Town would be granted the title to the Booth Heights Parcel in exchange for
Triumph Development’s opportunity to develop Lot 3 and the Timber Ridge Village
Apartments
• Wildlife fuels reduction would occur, and wildlife habitat enhancements would be
completed to protect Vail’s bighorn sheep herd.
• The Vail community was assured of increasing the supply of deed-restricted homes and
enhancing, protecting, and preserving the Booth Heights Parcel, on the Town’s terms.
Ruther reviewed a potential timeline:
✓ August 4, 2020: Grant approval extending the Booth Heights entitlements
✓ December 31, 2020: Execute legally binding development agreements
✓ March 1, 2021: Achieve entitlement approvals for new homes on Lot 3 Middle Creek
Subdivision
✓ September 15, 2021 – Nov 2022: Commence and complete construction of new homes
on Lot 3 Middle Creek Subdivision
✓ September 15, 2021: Negotiate option to redevelop Tiber Ridge Village Apartments
✓ Subject to meeting milestones: Grant title to Booth Heights Parcel to the town
Ruther stated public comment would be taken on the MOU during the July 21st town council
meeting.
Robson noted the MOU was incredibly innovative and he was looking forward to hearing more
from Vail Resorts and the public.
Mayor Chapin reiterated the MOU was non-binding, but hopefully it would lead to a
development agreement in the future.
Langmaid said she has been a part of the conversations and that citizens needed to under the 7
steps that George reviewed tonight. Langmaid was hopeful the arrangement would lead to a
win-win situation for everyone.
Foley was encouraged members of the public to read the draft MOU and be prepared to share
their comments with Town Council in two weeks.
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 8:00
p.m.
Respectfully Submitted,
__________________________________
Dave Chapin, Mayor
August 18, 2020 - Page 8 of 56
Town Council Meeting Minutes of July 7, 2020 Page 5
Attest:
___________________________________
Tammy Nagel, Town Clerk
August 18, 2020 - Page 9 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : J uly 21, 2020 Town Council Meeting Minutes
AT TAC H ME N TS :
Description
July 21, 2020 Town Council Meeting Minutes
August 18, 2020 - Page 10 of 56
Town Council Meeting Minutes of July 21, 2020 Page 1
Vail Town Council Meeting Minutes
Tuesday, July 21, 2020
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held virtually access provided through Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Caitlin Murray from Bravo! Vail provided an update on summer programming and adjustments
that were being made according to public health guidelines.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1. June 2, 2020 Town Council Meeting Minutes
Langmaid made a motion to approve the June 2, 2020 Town Council meeting minutes;
Stockmar seconded the motion passed (7-0).
3.2. June 16, 2020 Town Council Meeting Minutes
Langmaid made a motion to approve the June 16, 2020 Town Council meeting minutes; Foley
seconded the motion passed (7-0).
3.3. Gore Valley Trail Contract Award
Background: On April 21, 2020 presented preliminary design options for the realignment of the
Gore Valley Trail through the Lionshead Ski Base area. Council selected a preferred option and
directed staff to return with a proposal for final design and construction documents. Otak has
provided a final proposal for the work in the amount of $172,000.
August 18, 2020 - Page 11 of 56
Town Council Meeting Minutes of July 21, 2020 Page 2
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Otak to complete the final design and construction
documents for the realignment of the Gore Valley Trail through the Lionshead Ski Base area in
the amount not to exceed $172,000.00.
Langmaid made a motion to authorize the Town Manager to enter into an agreement with OTAK
in the amount not to exceed $172,000; Foley seconded the motion passed (7-0).
4. Town Manager Report
4.1. Altair and Homestake Units Update (no material - verbal only)
Robson informed council the Altair unit was ready to be placed on the market. The funds from
the sale would go back into the housing funds. Homestake unit was currently being used by an
emergency response employee through October and would look into relocating the employee to
another unit later the Fall.
.
4.2. Community Picnics (no material - verbal only)
Community picnics had been cancelled this year due to COVID public health regulations. The
program will be back summer 2021.
4.3. Designated Open Space Board of Trustees Update (no material - verbal only)
Robson reported the Town received a request from the Vail Homeowners Association to
designate middle bench of Donovan as open space. The Designated Open Space Board of
Trustees (Town Manager, Town Council representative (Langmaid) and PEC representative
(Ludwig Kurz, PEC Chair)) would meet to consider the open space elements/characteristics of
the property and make a recommendation to council.
Additionally, Robson stated the Town Attorney would return at Aug. 4 meeting to review conflict
of interest laws currently on the books. This would help determine if council were interested in
additional policies.
5. Presentations / Discussion
5.1. Public Input on draft Memo of Understanding Prepared to Implement Alternative
Housing Sites Initiative
Presenter(s): Scott Robson, Town Manager, Dave Chapin, Mayor
Action Requested of Council: Public Input Session only.
Background: The Vail Town Council is inviting community members to offer public comment on
a draft memorandum of understanding document that outlines a series of steps between the
town, Vail Resorts and Triumph Development that will determine future ownership and use of
the Booth Heights property in East Vail while addressing the community priorities of housing
and wildlife protection.
August 18, 2020 - Page 12 of 56
Town Council Meeting Minutes of July 21, 2020 Page 3
Robson started the conversation with clarifying to the public that this was a council housing
initiative and not the Vail Local Housing Authorities and the Town Manager’s office would be
taking the lead on this project. Town owned Middle Creek Lot 3 property would be utilize for
future deed restriction housing and the town would ensure the Children’s Garden of Learning
would not have a gap in service due to relocation of their facility. Additionally, Robson
acknowledged there was a lot of work to be done with the housing plan to meet the 2027
housing goal:
1. Housing Location
2. Public v. Private
3. Cost
4. Funding Mechanism
Robson reminded the public the MOU was a draft document and council welcomed the public
comments tonight.
Public comment was called.
Kerry Donovan, CO. State Senator and former Vail council member, shared remarks and
statements she had received from Vail residents who requested she come to tonight’s meeting
to speak on their behalf regarding the Children’s Garden of Learning. Donovan shared the
following statements: “Comments falling on deaf ears”; “staff and council are defensive”;
“lectured in stead of listened to”; “promised meetings that are not happening”; “threatening”;
“strong disconnect”. Though she does not agree with the comments Donovan felt she should
inform council of those concerns.
Larry Stewart, Vail resident, applauded council for making the draft MOU available for public
comment at this stage of negotiations. Stewart encouraged council to get a housing master plan
that would outline the process of future development and accomplish the 2027 housing goals.
Stewart was in favor of the swap but suggested taking the Middle Bench of Donovan Park off
the table.
Rob Ford, Vail resident and former council member, echoed concerns about the complexity of
the MOU. He was appreciative of the Town Council's determination to make progress on the
housing front and encouraged a housing master plan. Ford stated he and Foley worked together
on a housing plan 20 years ago.
Mike Browning, Vail resident, expressed concern the MOU was tied to the affordable housing
goals that could delay a land trade with Vail Resorts. Browning stated wildlife should not be tied
to affordable housing.
Blondie Vucich, Vail resident, expressed concerns about protection of the bighorn sheep herd.
Vucich stated there were many holes in the MOU and felt the Council could be losing the trust of
the community.
Leigh Carlson-Hernandez, Early Childhood Manager with Eagle County Department of Human
Services, provided council an overview of the demand for early childhood education. She
stated childcare facilities report there are many families on waiting lists.
Pete Feistmann, Vail resident, thanked council for their service and taking public comment on
the MOU. Feistmann agreed with other speakers about modifying the MOU regarding the
timing and conditions of the proposed land swap. He questioned what would happen if Triumph
doesn't build on the Middle Creek parcel especially during these economic times. Additionally,
he suggested a termination clause in the agreements be furthered review.
Tom Vucich, Vail resident, agreed with other speakers and asked what happens with the Booth
Heights parcel if the town gains title to it. He suggested modifying the language to clarify what
council’s intent for what the property would be used for so that future councils don’t face the
same problems.
Public comment was closed.
August 18, 2020 - Page 13 of 56
Town Council Meeting Minutes of July 21, 2020 Page 4
Council thanked the public for their comments and emails regarding this matter. Additionally.
Council wanted to reassure the CGL families that the council understood their concerns and no
children would be displaced.
6. Action Items
6.1. Ordinance No. 8, Series 2020, Frist Reading, An Ordinance Making Adjustments to
the Town of Vail General Fund.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 8, Series
2020.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 8, Series 2020.
Halloran reviewed Ordinance No. 8, Series of 2020 with council explaining the purpose of the
supplemental was to appropriate funds for the town’s commercial rent relief program. Halloran
stated staff proposed to allocate $1,000,000 of General Fund reserves for this program at this
time.
Additional economic recovery efforts also proposed in this budget supplemental included:
• $26K entertainment infrastructure in Ford Park lower bench area (stage and PA
system rental)
• $50K placeholder for entertainment activation in Ford Park lower bench area
• $20K placeholder for music activation in the villages
• $25K placeholder for additional recovery efforts (such as branded masks, etc.)
Halloran stated this would result in an ending fund balance of $28.7M, or 65% of normal annual
revenues.
There was no public comment.
Mason inquired if there was support of four other council members to add $20,000 for the Vail
Farmers Market to assist with public health response efforts. (4-3* Bruno, Coggin, Chapin
opposed)
Bruno felt the $20,000 was a CSE matter and not a council matter. Bruno stated the Farmer’s
Market could figure it out and not be awarded for charging patrons to a free event.
Coggin and Chapin agreed with council member Bruno.
Halloran suggested keeping the $20,000 line item into the supplemental until second reading.
Foley made a motion to approve Ordinance No. 8, Series of 2020 upon first reading with the
addition of a $20,000 line item for the Farmer’s Market public health efforts; Stockmar seconded
the motion passed (5-2*Coggin and Bruno opposed)
There being no further business to come before the council, Foley moved to adjourn the
meeting; Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 7:10
p.m.
Respectfully Submitted,
__________________________________
Dave Chapin, Mayor
August 18, 2020 - Page 14 of 56
Town Council Meeting Minutes of July 21, 2020 Page 5
Attest:
___________________________________
Tammy Nagel, Town Clerk
August 18, 2020 - Page 15 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Resolution No. 36, Series of 2020, A Resolution A pproving and
I ntergovernmental A greement B etween the Town of Vail and the E agle County C lerk and
Recorder C oncerning a C oordinated Election on November 3, 2020.
AT TAC H ME N TS :
Description
Resolution No. 36, Series of 2020
August 18, 2020 - Page 16 of 56
RESOLUTION NO. 36
Series of 2020
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND THE EAGLE COUNTY CLERK AND RECORDER
CONCERNING A COORDINATED ELECTION ON NOVEMBER 3, 2020
WHEREAS, the Town is considering calling a special election and adopting a ballot
question for the November 3, 2020 general election;
WHEREAS, if said ballot measure is approved the Town intends to hold a
coordinated election with Eagle County; and
WHEREAS, the Town and the Eagle County Clerk and Recorder wish to enter into
an agreement with regard to the coordinated election (the “IGA”), attached hereto as
Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA in substantially the same
form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 18th day of August 2020.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
August 18, 2020 - Page 17 of 56
Eagle County 2020 General Election IGA Page 1
Intergovernmental Agreement
Between the Eagle County Clerk and Recorder and
______________________
Concerning Tuesday, November 3, 2020 General Election
THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and
____________________________________ concerning the Tuesday, November 3, 2020 General
Election is made on _______________________.
RECITALS
WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official
for the General Election, and in accordance with state law, will conduct the General Election on behalf
of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and
WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the
General Election to enter into an agreement with the Clerk concerning the conduct of the General
Election, to be signed no later than 70 days prior to the scheduled election; and
WHEREAS, the Political Subdivision intends to submit a ballot issue at the General Election; and
WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and
memorialize their agreement with respect to the conduct of the General Election.
NOW THEREFORE, in consideration of the above premises and the promises contained herein, the
parties agree as follows:
I. Coordinated and Designated Election Officials
A. Except as otherwise provided in this section, the Eagle County Clerk and Recorder (“Clerk”) shall
act as the Coordinated Election Official for the conduct of the Election for the Political
Subdivision for all matters in the Uniform Election Code which require action by the
Coordinated Election Official.
August 18, 2020 - Page 18 of 56
Eagle County 2020 General Election IGA Page 2
B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the
primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be
deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision
from their official responsibilities for the conduct of the Election.
C. Jurisdictional Limitation
This Agreement shall apply only to the portion of the Political Subdivision within the boundaries
of Eagle County.
D. Clerk’s Contact Officer
The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder
(stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the
Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election.
The Contact Officer shall act under the authority of the Clerk.
II. Clerk Responsibilities
The Clerk will perform all duties in substantial compliance with applicable provisions of the Election
Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by
the Colorado Secretary of State, as amended; and policy directives of the Colorado Secretary of State, if
applicable.
A. Preparation for Election
1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix
B), listing all residential street addresses situated within the Political Subdivision’s
boundaries, as currently configured in Colorado’s statewide voter registration database
(“SCORE”).
2. The Clerk shall manage all voter registration records and correspondence.
3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to
conduct the Election.
4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation,
and provide election judge training in advance of the Election.
5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in
accordance with law; contract for the printing of ballots, ballot envelopes, and other printed
materials reasonably necessary to conduct the Election; and arrange for payment to the
printing vendor(s).
August 18, 2020 - Page 19 of 56
Eagle County 2020 General Election IGA Page 3
6. The Clerk shall publish and post a notice of election as required by 1 -5-205 C.R.S. in the
Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later
than twenty (20) days prior to the Election.
7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and
logic and accuracy testing of Eagle County’s voting system and components in substantial
compliance with Conditions of Use applicable to Eagle County’s voting system as certified by
the Colorado Secretary of State.
B. Conduct of Election
1. The Clerk shall designate the proper number and locations of voter service and polling
centers. All voting locations will be accessible to voters with disabilities.
2. The Clerk shall provide for the security and processing of all mail ballots and for the
verification of electors’ signatures on the self-affirmation printed on the mail ballot return
envelopes.
3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted
mail and electronic transmitted ballots from military and overseas voters in substantial
compliance with the deadlines and delivery methods mandated by applicable provisions of
federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act,
all as amended.
4. The Clerk shall conduct the required post-election risk limiting audit.
5. The Clerk shall conduct any mandatory or permissive recount.
6. The Clerk shall appoint canvas board and risk limiting audit board members, oversee the
conduct of the canvass and risk limiting audit, and certify official results of the Election.
7. The Clerk shall provide an official Certification of Election to the Political Subdivision after
the official close of the Election. Any additional Certificates of Election which are required
by law to be forwarded to another division of government shall be the responsibility of the
Political Subdivision.
8. The Clerk shall preserve all election records relating to the Election for at least twenty-five
months pursuant to 1-7-802 C.R.S.
9. The Clerk shall be the final decision maker on any substantive and proc edural issues
regarding the conduct of the Election.
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Eagle County 2020 General Election IGA Page 4
C. Ballot Issue Notice (“TABOR Notice”)
1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance
with Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions
of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the
order the ballot issues will appear on the ballot.
2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior to the Election,
pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106 C.R.S. The Clerk
shall determine the least cost method for mailing the ballot issue notice, but at a minimum ,
the ballot issue notice shall be addressed and mailed to eligible voters at each address in
Eagle County where one or more registered voters of the Political Subdivision and of any
other participating entity resides. Nothing herein shall preclude the Clerk from mailing the
TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises
from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at
the least cost.
III. Political Subdivision Responsibilities
A. Contact Liaison
1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a
liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be
responsible for the final approval of ballot content and TABOR Notice con tent. To meet
statutory and printing deadlines, the DEO shall respond to all Election-related written
correspondence, electronic correspondence, phone calls, or any other communication
from the Clerk/Contact Officer as soon as possible and no later than 12 hours from the
time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within 12 hours,
an alternative official may respond on the DEO’s behalf. Failure to respond to
correspondence with 12 hours shall constitute approval allowing the Clerk to move forward.
2. The Political Subdivision has designated__________________________________________
whose mailing address is ______________________________________________________
and whose phone number is____________________________________________________
and whose email address is____________________________________________________
and whose fax number is______________________________________________________
as its DEO for the purpose of the Election.
B. Certification of Address Ranges
1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address
ranges and street names actually situated in the Political Subdivision are accurately and
completely stated in the Address Library Report attached hereto as Appendix B.
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Eagle County 2020 General Election IGA Page 5
2. In connection with such Address Library Report verification and certification, the Political
Subdivision shall note any address ranges or street names within the Political Subdivision
that are inaccurately or incompletely stated in or omitted from the Address Library Report,
and certify on the Statement of Certification (Appendix C) the accuracy and completeness of
the remainder of the Address Library Report.
3. If the certification is not provided by the date specified here in, the Political Subdivision may
not participate in the Election or the Clerk may build the election on the assumption that
the Address Library Report attached hereto as Appendix B is both complete and accurate, as
the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its
Statement of Certification (Appendix C) and accuracy of the Address Library Report, with
notations regarding inaccuracies and omissions by the 70th day before the election,
Tuesday, August 25, 2020.
C. Ballot Content
1. The Political Subdivision shall be solely responsible for determining whether a ballot issue,
ballot question, candidate contest, or candidate is eligible and properly certified for the
ballot.
2. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content
(candidate contests, ballot issues, and ballot questions in order) referred by the Political
Subdivision for the Election pursuant to section 1-5-203:
a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall
not certify any single ballot issue or ballot question in excess of two hundred and fifty
words (inclusive of the title) unless the Clerk provides written consent in advance.
b. Such certified ballot content shall be delivered to the Clerk as an email attachment in
Word format (see section C-2-g on pg. 6 for full required formatting of ballot and TABOR
content), at the earliest possible time and in no event later than 5 p.m. on Friday,
September 4, 2020 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended.
c. The political subdivision that issues certified ballot pursuant to 1-5-203, C.R.S. shall be
solely responsible for the accuracy of the information contained in the certificate. Any
error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense
of the political subdivision whose designated election official issued the incorrect
certification.
d. All ballot content certified by the Political Subdivision shall utilize the exact language
and order as such ballot content is to appear on the printed official and sam ple ballots
for the Election. The list of candidates/questions must be typed exactly as it is to appear
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on the ballot, including correct title, order, capitalization, spelling, and punctuation.
● For candidates, specify titles of offices, the order of the names to appear for each
office, and the order of offices.
● For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk
determines specific numbering on the ballot).
● If the political subdivision has a TABOR issue on the ballot, the issue text must be in
all uppercase as is dictated by law (e.g. TABOR Amendment).
Definition of Ballot Issue and Ballot Question
● “Ballot issue” means a state or local government matter arising under section 20 of
article X of the state constitution, as defined in sections 1 -41-102(4) and 1-41-
103(4), respectively.
● “Ballot question” means a state or local government matter involving a citizen
petition or referred measure, other than a ballot issue.
Ballot Issues or Questions Vote Choice Options
● Yes/For or YES/FOR (capitalize for TABOR ballot issues)
● No/Against or NO/AGAINST (capitalize for TABOR ballot issues)
e. The Political Subdivision has the responsibility to proofread and edit the text of the
ballot proof before the Clerk will authorize printing of the ballots. From the time the
Clerk delivers via email the ballot proof, the Political Subdivision has 12 hours to
proofread, correct if necessary, sign, and return the proof to the Clerk . The Political
Subdivision’s failure to disapprove and correct errors within that time shall constitute an
approval of the ballot proof. After final approval of the ballot text, the Political
Subdivision assumes all responsibility and cost for any judicial proceedings related to
any errors within the text of their issue, question, or contest on the printed ballots.
f. The Political Subdivision authorizes the Clerk to correct typographi cal errors and
omissions and determine the appropriate ballot question number or letter upon
designation of the ballot number or letter by the Clerk.
g. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact
Officer in conformance with the following formatting guidelines:
● Software: Microsoft Word '03 or later (not PDF)
● Spacing: Single
● Font Type: Arial Narrow
● Font Size: 8 point
● Justification: Left
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Eagle County 2020 General Election IGA Page 7
● All Margins: 0.5 inches
● Language: English (Spanish translation encouraged)
● Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and
stacey.jones@eaglecounty.us
Submissions not meeting these requirements will be rejected by the Clerk.
h. The Designated Election Official (DEO) for a county, municipality, school district, or
special district office must provide an audio recording of each candidate’s name. The
DEO or candidate may leave an audio recording of the candidate’s name, exactly as
certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer
(970-328-8726). This audio recording must be provided no later than the deadline to
certify ballot content, Friday, September 4, 2020.
D. Ballot Issue Notice (“TABOR Notice”)
1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to
the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR
Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S.
2. The DEO shall transmit via email the summaries, fiscal information, and any other required
material to the Clerk no later than forty-three (43) days, Monday, September 21, 2020
(Appendix A) before the Election in final written form in accordance with the formatting
guidelines for ballot certification (see formatting bullet points listed above). Submissions
not meeting these requirements will be rejected by the Clerk.
3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address
and telephone number specific to the Political Subdivision or the Political Subdivision DEO
to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all
correspondence and inquiries that the Clerk receives within its expertise relating to elec tion
procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues,
ballot questions, candidates, or the operations of the Political Subdivision to the Political
Subdivision’s DEO.
4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR
Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time
the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has 12 hours
to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political
Subdivision’s failure to disapprove and correct errors within that time shall constitute an
approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the
Political Subdivision assumes all responsibility and cost for any judicial proceedings related
to any errors within the text of their issue or information presented on the TABOR Notice.
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E. Cancellation of Election
1. In the event that the Political Subdivision resolves not to hold the Election, notice of such
resolution shall be provided to the Clerk immediately. The Political Subdivision shall not
cancel its participation in the Election after the twenty-fifth (25) day before the election,
Friday, October 9, 2020 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended.
2. The Political Subdivision shall provide notice by publication of the cancellation of the
Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of
the Designated Election Official, in the primary building of the Political Subdivision, and, if
the Political Subdivision is a special district, in the office of the division of local government.
The Political Subdivision is responsible for delivering such postings to each entity.
3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the
date that notice was received by the Clerk together with all expenses incurred thereafter
which could not be avoided by reasonable effort. All costs incurred or contracted for by the
Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed
by the Political Subdivision.
4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full
actual costs of the activities of the Clerk relating to the Election incurred both before and
after the Clerk’s receipt of such notice.
F. Other Responsibilities
1. The Political Subdivision shall exercise all reasonable diligence, care, and control in
providing these services to the Clerk.
2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic
and accuracy testing, post-election canvass, and risk limiting audit as requested by the
Clerk.
3. The Political Subdivision shall give assistance and information to the Clerk on any matter to
ensure the smooth and efficient operation of the Election (such information not to include
legal advice).
4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are
necessary or appropriate to the performance of the above duties.
5. The Political Subdivision shall follow the additional responsibilities in which non -resident
property owners may be eligible to vote as set forth in Appendix D hereto.
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IV. Miscellaneous
A. Costs
1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the
Election, including but not limited to costs incurred for supplies, printing, ballot insertion
and mailing, legal and other notices, temporary labor, compensation o f election judges,
overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the
Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision
general estimates of cost but such estimates are not binding. The Political Subdivision is
responsible for the pro rata share of actual costs as determined by the Clerk.
2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses
reasonably incurred in connection with the preparation, printing, labeling, postage, and
mailing for the ballot issue notice. Said expenses shall be prorated among all Political
Subdivisions participating in the ballot issue notice.
3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct
costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to
remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely
perform any of its obligations under this Agreement, without regard to whether Political
Subdivision rescinds its intent to participate in the Election.
4. In the event an interested party is not liable for payment of costs incurred in connection
with a mandatory or permissive recount of, or election contest relating to, one or more
candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the
Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by
the Clerk to conduct or participate in any such recount or ballot contest. If more than one
political subdivision participating in the Election is involved in any such recount or election
contest, the costs thereof shall be prorated between the Political Subdivision and such
other participating entities.
5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings
regarding whether or not issues legally belong on the ballot and any other challenges, both
pre- and post-election, relating to the question of the Political Subdivision.
6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s
pro rata share of direct and indirect costs incurred in connection with the Political
Subdivision’s participation in the Election within ninety (90) days after the Election.
7. The minimum charge for coordinating the Election with the Clerk for coordi nating entities
with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for
coordinating entities with 301 or more active voters on Election Day shall be $1000.00.
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Eagle County 2020 General Election IGA Page 10
8. In addition, there will be a surcharge for coordination and administration of non-resident,
property owner ballot mailing of $1000.00.
9. The Political Subdivision shall remit all payments due to the County upon receipt of an
itemized statement by February 26, 2020 (Appendix A).
B. Indemnification
To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold
harmless the County, its officers and employees, from any and all losses, costs, demands , or actions
arising out of or related to any actions, errors or omissions of the Political Subdivision in completing
its responsibilities relating to the Election and related tasks.
C. Reasonable Care
The County and its employees, agents, representatives, or other persons acting under the direction
or control of the County shall use reasonable care in carrying out the ir obligations under this
Agreement.
D. Notices
Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are
deemed to have been received and to be effective:
● three days after they have been mailed by certified mail, return receipt requested to the
address as set forth below; or
● immediately upon hand delivery to Regina O’Brien, Clerk; or
● immediately upon receipt of confirmation that a fax or e-mail was received.
To Clerk: Regina O’Brien
Eagle County Clerk and Recorder
P.O. Box 537
Eagle, CO 81631
Fax: 970-328-8716
Email: regina.obrien@eaglecounty.us
To Political Subdivision:
fax: ________________________________________________
email: ______________________________________________
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Eagle County 2020 General Election IGA Page 11
Time is of the Essence
Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O’Brien, Clerk and
Recorder, seventy (70) days before the Election, Tuesday, August 25, 2020 (Appendix A).
The statutory time requirements of the Uniform Election Code and the time requirements set by
the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the
completion of the tasks required by this Agreement.
In witness whereof, the Parties hereto have executed th is Agreement to be effective this day:
________________________________________
(Date)
________________________________________
Designated Election Official Date
For _____________________________________
(Political Subdivision)
________________________________________
Regina O’Brien Date
Eagle County Clerk and Recorder
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Eagle County 2020 General Election IGA Page 12
Appendix A
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
While this calendar may not include all election dates, some key dates are identified for your
reference. Dates in RED are key delivery dates of information from you to the Clerk’s office.
Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines:
Friday, July 24, 2020 – 100 days prior - If by 100 days before the election, a political subdivision has taken
formal action to participate in an election that will be coordinated by the Clerk, the political subdivision shall
notify the county clerk and recorder in writing. C.R.S. 1-7-116(5), 1-1-106(5)
July 30 – August 5, 2020 – IGAs will be mailed to participating entities. IGA will include address ranges that
need to be verified and certified before or on the date the IGA is due. Political Subdivisions with property
owner ballots should also review Appendix D in the IGA and contact the Assessor’s office to secure the
particular property owner list.
Tuesday, August 25, 2020 – 70 days prior - Political subdivisions participating in the election must return
signed IGAs to the county clerk and recorder. C.R.S. 1-7-116(2). Political subdivisions must verify and certify
that all address ranges situated in political subdivision (Appendix B) are accurate and complete, note any
changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Please submit
sooner if possible.
Friday, September 4, 2020 – Last day for the designated election official from each political subdivision to
certify the ballot text to the county clerk and recorder as well as audio recordings of candidate names;
deadline is 5 p.m. Please submit sooner if possible. C.R.S. 1-5-203(3)(a)
Week of September 14, 2020 – Equipment and Logic and Accuracy Testing
Tuesday, September 15, 2020 – Deadline for coordinating entities with property owner ballots to certify the
military and overseas (UOCAVA) voter list to the Clerk.
Saturday, September 19, 2020 – No later than 45 days prior – Deadline to send mail ballots to military and
overseas voters (UOCAVA voters). C.R.S. 1-8.3-110(1)
Monday, September 21, 2020 – 43 days prior - Political subdivisions shall deliver the full text of any required
ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries to the Clerk in order to be
included in the issue mailing. C.R.S. 1-7-904
Friday, October 2, 2020 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). C.R.S. 1-1-
106(5)
Friday, October 09, 2020 – 25 days prior - Last date for political subdivision to cancel election or withdraw
ballot issue or question C.R.S. 1-5-208(2)
Friday, October 9, 2020 – First day ballots may be mailed, except for UOCAVA voters. C.R.S. 1-7.5-
107(3)(a)(I). 24-hour ballot drop boxes open available in Avon, Edwards, Eagle, El Jebel, and Basalt.
Appendix A continued on page 2
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Eagle County 2020 General Election IGA Page 13
Appendix A – Continued (page 2)
CALENDAR OF EVENTS AND DEADLINES FOR
NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
Monday, October 19, 2020 – Voter Service and Polling Centers open. C.R.S. 1-5-102.9(2)
Monday, October 26, 2020 – 8 days prior - Last day to register to vote to receive a mail ballot. After this
date voters may pick up ballots in person at any Voter Service and Polling Center. C.R.S. 1-2-201(3)(b)(III)
Tuesday, November 3, 2020 – Election Day - Polls open 7 AM – 7 PM. All ballots must be in the hands of the
Clerk by 7 PM on Election Day to be counted.
Wednesday, November 25, 2020 – Deadline to certify election results. Official results will be forwarded to
political subdivisions. C.R.S. 1-10-102(1), 1-10-103(1)
Monday, February 8, 2021 – Last day for the Clerk to mail invoices to districts for their share of election
costs.
Friday, February 26, 2021 – Last day for districts to submit payment for election costs to Clerk’s office.
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Appendix B
STREET LOCATOR REPORT FOR
NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
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Appendix C
STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT
FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION
I, ___________________________________, as Designated Election Official
for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the
Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best
of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision.
Designated Election Official Date
for _____________________________________
(Name of Political Subdivision)
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Eagle County 2020 General Election IGA Page 16
Appendix D
PROPERTY OWNER BALLOTS – TITLE 32
This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under
Title 32) in which non-Eagle County resident property owners who are registered electors in the State of
Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the
County Clerk’s Office before ballots are sent to eligible property owners.
Overview - Property Owner Ballots
Property owner ballots are special ballots that contain only those ballot contests certified by Political
Subdivisions in which owners of real and personal property (and their spouses or civil union partners) are eligible
to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1-
103(5) C.R.S.).
If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in
the political subdivision, the Clerk and Recorder will issue the voter a regular Eagle County ballot style that
contains all of the contests in which they are eligible to vote in a given election, including the ballot content
referred by the Political Subdivision.
If a person resides outside of the Political Subdivision, owns property within the political subdivision, and is
registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the
contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been
returned by the voter to the County Clerk and the County Clerk has verified the voter’s eligibility in the
statewide voter registration system. The property owner ballot will be sent to the mailing or ballot mailing
address on record in the statewide voter registration system.
Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property
owner ballot.
Responsibilities of the Coordinating Political Subdivision
Street Locator Report
1. Review the Street Locator Report provided from the County Clerk and Recorder’s Office (Appendix B).
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Eagle County 2020 General Election IGA Page 17
2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and
are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the
Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk
no later than 4:30 PM on Tuesday, August 25, 2020 (70 days before the election). Please submit sooner
if possible. The Political Subdivision is responsible for the accuracy of this report.
Overseas and Military Voter List
1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk.
Property Owner List
1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office.
2. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s lists.
3. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list
to determine if there are any special district property owners on the UOCAVA list. NOTE: UOCAVA
ballots must be sent by Saturday, September 19, 2020 (1-8.3-110(1) C.R.S). It is the responsibility of the
Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by Monday,
September 7, 2020 to meet the deadline referenced in section 4 (below) to ensure statutory delivery of
UOCAVA property owner ballots.
4. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format
to the County Clerk by Monday, September 7, 2020. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s
Office no later than Wednesday, October 14, 2020 (20 days before the election). This supplemental list
shall contain the names and addresses of all recorded owners who became owners no later than
Monday, October 12, 2020 (22 days prior to the election).
6. Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in
Excel format to the County Clerk by Friday, October 18, 2019. Please submit sooner if possible. Political
Subdivision is responsible for the accuracy of this list.
Responsibilities of the County Clerk and Recorder
1. After receiving the certified property owner list from the Political Subdivision, as well as the
supplemental list, prepare and send the property owner TABOR Notice to the property owner
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Eagle County 2020 General Election IGA Page 18
households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be
combined with other TABOR notices or mailed separately at the discretion of the Clerk.
2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1-
13.5-202, C.R.S and 32-1-103(5), C.R.S.).
3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered
voter in the State of Colorado but does not reside in the Political Subdivision.
4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self-
affirmation (32-1-806, C.R.S).
5. Record each property owner ballot returned and signature verified.
6. Process ballots in the counting room.
7. Tabulate and certify results.
August 18, 2020 - Page 35 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Vail Bus B arn Electric B us Chargers Contract Award
B AC K G RO UND: T he price of the chargers was procured through the Sourcewell. a cooperative
purchasing community combining the buying power of 50,000 government, education, and
nonprofit organizations. T his purchase is eligible to be reimbursed by the grant the town received
f or the conversion of the town shop to electric charging. T he project will be completed this fall.
S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement, in a
f orm approved by the Town Attorney, with C hargepoint to purchase four electric charges and
associated equipment f or the Vail B us S torage facility at P ublic Works in the amount not to exceed
$ 226,596.
AT TAC H ME N TS :
Description
Staff Mem
August 18, 2020 - Page 36 of 56
To: Town Council
From: Public Works Department
Date: 8/1/2020
Subject: Vail Bus Barn Electric Bus Chargers
I. ITEM/TOPIC
Vail Bus Barn Electric Bus Chargers Contract Award
II. BACKGROUND
The town staff and the design team of Black and Veatch are completing the design
regarding electric improvements at the Town of Vail Bus Storage Facility at the Public
Works Shop. The design is in the final stages and being reviewed. The battery electric
buses are scheduled to go into production at Gillig in September and are anticipated to
be arriving in late October of 2020. There is an 8 to 12 week lead time for delivery of the
chargers. The price of the chargers was procured through the Sourcewell. a cooperative
purchasing community combining the buying power of 50,000 government, education,
and nonprofit organizations.
Sourcewell procurement conforms to the CDOT competitive procurement process. The
town will contract directly with Chargepoint for the chargers.
This purchase is eligible to be reimbursed by the grant the town received for the
conversion of the town shop to electric charging. The project will be completed this fall.
III. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Chargepoint to purchase
four electric charges and associated equipment for the Vail Bus Storage facility at Public
Works.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Chargepoint to purchase four electric charges and associated equipment
for the Vail Bus Storage facility at Public Works in the amount not to exceed $ 226,596.
August 18, 2020 - Page 37 of 56
Town of Vail Page 2
August 18, 2020 - Page 38 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Update about Town Council I nitiative related to Children’s Garden of L earning
Relocation
P RE S E NT E R(S ): Scott R obson, Town Manager
B AC K G RO UND: A n update will be presented about progress made with C G L discussions to
relocate their facility. T he town continues the dialogue with C G L to outline a memo of
understanding showing support to C G L in f acilitating the relocation of the f acility, in both a
temporary and permanent capacity. The Council’s initiative f or playing a role in helping make
improvements in child-care service offerings will also involve broader regional conversations with
other agencies and Vail businesses.
August 18, 2020 - Page 39 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Resolution No. 37 S eries of 2020, A R esolution A pproving a F irst A mendment to
Development A greement Between the Town of Vail and Crossroads E ast One, L L C
P RE S E NT E R(S ): Matt Mire, Town A ttorney
B AC K G RO UND: T he Town and Crossroads E ast One, L L C, entered into a D evelopment
A greement dated J uly 25, 2006. The Town and Crossroads wish to amend the D evelopment
A greement to allow for a renovation to occur within the S olaris development as set f orth the First
A mendment to D evelopment Agreement attached as E xhibit A to R esolution Number 37, S eries
2020.
AT TAC H ME N TS :
Description
Resolution No. 37, Series of 2020
August 18, 2020 - Page 40 of 56
RESOLUTION NO. 37
Series of 2020
A RESOLUTION APPROVING A FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF VAIL AND CROSSROADS EAST ONE, LLC
WHEREAS, the Town and Crossroads East One, LLC, (“Crossroads”) entered into
a Development Agreement dated July 25, 2006 (the “Agreement”);
WHEREAS, The Town and Crossroads wish to amend the Agreement to allow for
a renovation to occur within the Solaris development project; subject to the Agreement;
and as set forth the First Amendment to Development Agreement (the “Amendment”),
attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Amendment in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney, and authorizes the Town Manager to execute the Amendment on behalf of the
Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 18th day of August 2020.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
August 18, 2020 - Page 41 of 56
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “Amendment”)
is made this ______ day of _______________, 2020 (the “Effective Date”), by and between the
Town of Vail, Colorado, a Colorado home rule municipality with an address of 75 South Frontage
Road, Vail, Colorado 81657 (the “Town”), and CROSSROADS EAST ONE, LLC, a Colorado
limited liability company with an address of 141 East Meadow Drive, Suite 211, Vail, CO 81657
(“Crossroads”) (each individually a “Party” and collectively the “Parties”).
WHEREAS, the Parties entered into a Development Agreement dated July 25, 2006 (the
“Agreement”);
WHEREAS, Crossroads wishes to renovate the premises subject to the Development
Agreement; and
WHEREAS, the Parties wish to amend the Agreement as set forth in this Amendment.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1. Section 2.b.vii. of the Agreement is hereby deleted in its entirety and replaced with the
following:
vii. Required Public Amenities. The Crossroads Project shall include one
bowling alley (the “Bowling Alley”) and one entertainment venue (the “Entertainment
Venue”) (each a “Required Public Amenity” and collectively the “Required Public
Amenities”). The Entertainment Venue shall include at least two (2) movie screens
and at least one (1) other amenity with a primary purpose to provide for the
entertainment of customers and invitees of the Entertainment Venue, including without
limitation a nightclub, music venue, restaurant, movie screen, performance art facility,
or indoor recreational facility. Crossroads shall operate, or cause to be operated, the
Required Public Amenities in good faith for the life of the SDD and in material
conformity with standards generally and ordinarily observed by recognized first-class
operators of similar facilities in the Denver, Colorado metropolitan area. Nothing
herein shall be construed to limit (i) other uses within the Crossroads Project or
appurtenant to a Required Public Amenity, in each case to the extent otherwise
permitted by applicable law, or (ii) the right of Crossroads or any operator of a Required
Public Amenity to charge its customers and invitees or operate on a for-profit basis.
A. Change of Use. In the event that Crossroads desires the right to permanently
discontinue the operation of either Required Public Amenity, Crossroads shall
provide not less than ninety (90) days’ prior written notice of such discontinuance
to the Town. During such 90-day period, the Town and Crossroads shall use good
faith efforts to negotiate an amendment to the Agreement to provide for the
discontinuance of such Required Public Amenity. The Town shall not unreasonably
withhold its consent to the discontinuance of any Required Public Amenity so long
August 18, 2020 - Page 42 of 56
2
as the discontinued Required Public Amenity is replaced with one or more other
public amenities.
B. Penalty. If Crossroads deliberately ceases to operate or cause to be operated a
Required Public Amenity for a period of one hundred twenty (120) or more
consecutive days without the consent of the Town, commencing on the date that is
one hundred twenty (120) days from such cessation, Crossroads shall pay to the
Town a penalty of $5,000 per day that such Required Public Amenity is not
operated. The Town may increase the penalty by multiplying the cumulative
increases in the Consumer Price Index for the Denver-Aurora-Lakewood area,
taking the year in which the applicable Required Public Amenity commenced
operation as the base year.
C. Off-Seasons. Crossroads shall operate, or cause to be operated, the Required Public
Amenities year-round, in good faith, for the life of the SDD and shall not, in any
event, suspend operations solely to avoid the economic consequences of poor
attendance during seasonal lulls in local tourism. If Crossroads ceases to operate,
or cause to be operated, the Required Public Amenities in violation of this
paragraph for more than thirty (30) consecutive days during any off-season, or for
more than (40) days of any sixty (60) day period during any off-season, Crossroads
shall pay to the Town a penalty in the amount set forth in the immediately preceding
paragraph for each day that the Required Public Amenities remain closed, provided
that, if Crossroads is in violation of both this subsection C and the prior subsection
B, only one penalty may be imposed at a time. As used in this Section, “off-season”
shall mean any period of time in which the lifts on Vail Mountain are not in
operation.
D. Remedies. In lieu of the penalties outlined above, the Town hereby expressly
reserves the right to pursue any other remedies available at law or in equity,
including, without limitation, specific performance.
2. Sections 2.f.ii., 8.g., and 11 of the Agreement are amended to replace the “Movie
Theater” with “Entertainment Venue” each time the term appears.
3. Section 27 of the Agreement is hereby amended and restated in its entirety as follows:
Force Majeure. In the event of delays from causes beyond the reasonable control of
Crossroads, Crossroads shall not be required to perform any term, covenant or
condition of this Agreement so long as such performance is delayed or prevented by
Force Majeure (each, a “Force Majeure Event”), and all time periods permitted
hereunder for the performance of any such term, covenant, or condition shall be tolled
for a period or periods of the Force Majeure Event, or any longer period or periods as
may be reasonably necessary or appropriate to accommodate the effect of the Force
Majeure Event. For purposes hereof, a “Force Majeure” shall mean any cause beyond
the reasonable control of Crossroads, including, without limitation: acts of God; strike;
lockout; material or labor restriction by any governmental authority or any delays,
August 18, 2020 - Page 43 of 56
3
backlogs, or slowdowns associated with the same; inability to obtain materials due to
supply chain disruptions; civil riot; declared state of emergency or public health
emergency or pandemic (including, without limitation, COVID-19); government
mandated quarantine or travel bans; government mandated closures, disruption,
breakdown, delayed production or interruption for any period of time; and interruptions
to transportation, or the use of equipment, labor, or materials, including, without
limitation, the closure of government buildings, airports, harbors, railroads, or
pipelines, or other infrastructure due to worldwide or regional pandemic or other health
related event disruptions.
4. As of the date hereof, to the best knowledge of the Parties, there are no defaults under
the Agreement which remain uncured.
5. The remainder of the Agreement, including all Exhibits, shall remain unchanged and
in full force and effect.
6. Within 30 days of receipt of an invoice from the Town, Crossroads shall reimburse the
Town for all actual, reasonable legal fees incurred by the Town for the preparation of
this Amendment.
7. Crossroads shall use commercially reasonable efforts to complete any renovations and
cause the Entertainment Venue to be operational on or before November 30, 2021 (the
“Entertainment Venue Deadline”). If Crossroads breaches the foregoing covenant,
commencing on the Entertainment Venue Deadline the Town shall have as its sole and
exclusive remedy the right to assess the penalty set forth in Section 2.b.vii.B. of the
Agreement.
8. The Town hereby unconditionally and irrevocably releases, acquits and forever
discharges Crossroads, its successors and assigns, of and from any and all liabilities,
actions, obligations, causes of action, claims, demands, damages, costs, expenses and
compensation whatsoever, whether known or unknown, now existing or hereafter
arising, at law or in equity or otherwise, arising out of the failure to operate a the Movie
Theater or Entertainment Venue through the date of Entertainment Venue Deadline,
including, without limitation, the penalties set forth in Section 2.b.vii. of the
Agreement.
WHEREFORE, the Parties have executed this Amendment as of the Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Scott Robson, Town Manager
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
August 18, 2020 - Page 44 of 56
4
CROSSROADS EAST ONE, LLC,
a Colorado limited liability company
By: _________________________________
Name: ______________________________
Its: _________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this ______ day of ___________, 2020, by ____________________ as
________________________ of ________________________, a
_________________________.
My commission expires:
(S E A L) ______________________________
Notary Public
August 18, 2020 - Page 45 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : S econd Reading of O rdinance No. 9, Series of 2020, A n Ordinance Amending
Title 4, Chapter 3 of the Vail Town Code to D efine Economic Nexus and Update Methods for
Collection and R emittance of Sales Tax.
P RE S E NT E R(S ): A lex J akubiec, Revenue Manager
AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny
Ordinance No.9, Series 2020 upon second reading.
B AC K G RO UND: F ollowing the 2018 S upreme Court decision in S outh D akota vs Wayfair,
Colorado began the process of complying with destination based sales tax collections. To simplif y
and create a less burdensome remittance process f or remote sellers, the State of C olorado
created a tax simplification software allowing a single point of remittance. A s part of participating in
this software, adoption of Ordinance No. 9, S eries 2020 will update the town code to modify and
add certain standard definitions to the town's sales tax code.
S TAF F RE C O M M E ND AT I O N: Approve, or approve with amendments Ordinance No.9, S eries
2020 upon second reading.
AT TAC H ME N TS :
Description
Ordinance N o. 9, Series 2020
August 18, 2020 - Page 46 of 56
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: August 18, 2020
SUBJECT: Ordinance 9, Series of 2020 Sales Tax Code Update
II.BACKGROUND
Collection of sales taxes across different home rule municipalities in the State of Colorado is
highly complex and burdensome for the business community. After the 2018 Supreme Court
decision in South Dakota v. Wayfair, Inc, Colorado began the legal process of complying with
the ruling’s requirements for destination based sales and use tax collections which became
effective May 2019. Destination based sales tax requires businesses to collect, and remit
sales tax based on the location of the consumer when taxable goods are delivered to a
Colorado address. Pursuant to the ruling requirement that tax collections not be overly
burdensome, the Colorado State Senate adopted SB 19-006 in April 2019 appropriating
funds for the development of a sales and use tax simplification software. The developed
system offers multiple tools to streamline the tax collection process for remote sellers;
•Single point of remittance for all participating jurisdictions
•Sales and use tax rate lookup by address for the entire state
•Ability to remit sales tax to multiple jurisdictions with a single payment
The State Senate indicated in SB 19-006 that all home rule municipalities should voluntarily
participate in the SUTS system within 3 years of its implementation. Town of Vail staff met
with the State individually and attended stakeholder meetings in developing the proposed
agreement. The new centralized system, created by MUNIRevs, began accepting tax
payments in May of 2020. The Town of Vail currently uses MUNIRevs software to collect our
1
**Changes to this memo from first reading have been highlighted**
I. SUMMARY
The purpose of this memorandum is to provide an overview of the SUTS system created by
the State of Colorado to further streamline and simplify sales tax collections in the State. On
August 4th, Town Council approved Resolution 33, series of 2020, authorizing the Town to
participate in the system. Ordinance 9, series of 2020 contains requisite updates to the
Town’s sales tax code to utilize this method of sales tax collection.
August 18, 2020 - Page 47 of 56
4% local sales tax which will provide a seamless data transfer of tax return information and
electronic transfer of funds directly to town accounts.
III.DISCUSSION
As a part of setting up centralized sales tax collections for remote vendors, adoption of
Ordinance No. 9, Series 2020 will update the town code and modify certain standard
definitions allowing the town to use the sales tax simplification software. Remote sellers
located outside of Vail would then have the option to file Town of Vail sales taxes through the
State’s SUTS system rather than with the Town. Funds collected by the State would be
transferred to the Town daily. Businesses located within the Town would still be required
to maintain a local business license and file directly with the Town.
The new definition of marketplace facilitator and additional regulations for marketplace sales
have been recommended by the CML to reduce the variation in local taxation in the State.
Maintaining uniform tax definitions among both self-collecting municipalities and state-
collected municipalities insulates all parties against potential legal challenges to mandatory
remote sales tax collections. This is a substantial change to Town tax policy as we currently
require individual marketplace vendors to collect and self-remit sales taxes. This applies to
third party sales made via websites like eBay or Amazon. Notably, this also includes short-
term rental (STR) owners using websites like Airbnb or VRBO. Under the new ordinance,
these owners would no longer be required to maintain a sales tax license if they exclusively
book their property through a bona fide marketplace facilitator. Staff anticipates that this will
increase sales tax collections and compliance from short-term rentals significantly. STR
owners and managers will still be required to obtain a STR Registration and would be subject
to audit for any past-due tax liability incurred prior to the rule change.
Adoption of the SUTS system will also help the Town to reinforce sales tax collections from a
larger portion of remote vendors with the addition of a new definition of Economic Nexus. The
new definition is linked to Colorado State law C.R.S. § 39-26-102(3)(c). Currently Colorado
businesses with less than $100,000 in annual sales are exempt from destination based sales
tax collections. The State has indicated that once a majority of jurisdictions have agreed to
use the SUTS system, this threshold will be removed, and all remote sellers will be required
to file sales taxes based on destination.
IV.ACTION REQUESTED FROM COUNCIL
Staff recommends Town Council approve or approve with amendments the second reading
of Ordinance No. 9, Series 2020.
2
August 18, 2020 - Page 48 of 56
ORDINANCE NO. 9
SERIES 2020
AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN
CODE TO DEFINE ECONOMIC NEXUS AND UPDATE METHODS FOR
COLLECTION AND REMITTANCE OF SALES TAX
WHEREAS, the Town of Vail is a home rule municipality, organized and existing
under Article XX, Section 6 of the Colorado Constitution;
WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the
right to enact, administer and enforce sales taxes is clearly within the constitutional grant
of power to the Town and is necessary to raise revenue with which to conduct the affairs
and render the services performed by the Town;
WHEREAS, pursuant to such authority, the Town has adopted and enacted a
Sales Tax Code (the “Code”), under which Town sales tax is levied on all sales and
purchases of tangible personal property or taxable services at retail unless prohibited, as
applicable to the provision of this Ordinance, under the Constitution or laws of the United
States;
WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138
S.Ct. 2080 (2018), overturned prior precedent and held that a State is not prohibited by
the Commerce Clause from requiring a retailer to collect sales tax based solely on the
fact that such retailer does not have a physical presence in the State (“Remote Sales”);
WHEREAS, based upon such decision, the retailer’s obligation to collect tax on
Remote Sales is no longer based on the retailer’s physical presence in the jurisdiction by
the Constitution or law of the United States, and the Code needs to be amended to clearly
reflect such obligation consistent with said decision;
WHEREAS, the delivery of tangible personal property, products, or services into
the Town relies on and burdens local transportation systems, emergency and police
services, waste disposal, utilities and other infrastructure and services;
WHEREAS, the failure to tax Remote Sales creates incentives for businesses to
avoid a physical presence in the State and its respective communities, resulting in fewer
jobs and increasing the share of taxes to those consumers who buy from competitors with
a physical presence in the State and its municipalities;
WHEREAS, it is appropriate for Colorado municipalities to adopt uniform
definitions within their sales tax codes to encompass marketplace facilitators,
marketplace sellers, and multichannel sellers that do not have a physical presence in the
Town, but that still have a taxable connection with the Town;
WHEREAS, the goal of adopting this ordinance is to join in on the simplification
efforts of all the self-collecting home rule municipalities in Colorado;
Ordinance No. 9, Series of 2020 3
August 18, 2020 - Page 49 of 56
WHEREAS, this ordinance provides a safe harbor to those who transact limited
sales within the Town;
WHEREAS, absent this amendment, the continued failure of retailers to voluntarily
apply and remit sales tax owed on Remote Sales exposes the Town to unremitted taxes
and permits an inequitable exception that prevents market participants from competing
on an even playing field;
WHEREAS, the Town adopts this ordinance with the intent to address tax
administration, and, in connection with, establish economic nexus for retailers or vendors
without physical presence in the State and require the retailer or vendor to collect and
remit sales tax for all sales made within the marketplace as permitted in 2018 by the U.S.
Supreme Court; and
WHEREAS, the State's adoption of economic nexus for state sales tax and state-
collected municipal sales tax did not require voter approval under the Taxpayer's Bill of
Rights ("TABOR"), Article X, § 20 of the Colorado Constitution, and, similarly, updating
the Town's methods to allow collection and remittance of sales tax to the full extent
permitted by law does not require voter approval under TABOR.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-3-1-2 of the Vail Town Code is amended by the revision to
or addition of the following defined terms, which shall appear in alphabetical order:
ECONOMIC NEXUS: The connection between the town and
a person not having a physical nexus in the State of Colorado,
which connection is established when the person or
marketplace facilitator makes retail sales into the town, and:
A.In the previous calendar year, the person, which includes a
marketplace facilitator, has made retail sales into the state
exceeding the amount specified in C.R.S. § 39-26-102(3)(c),
as amended; or
B.In the current calendar year, 90 days has passed following
the month in which the person, which includes a marketplace
facilitator, has made retail sales into the state exceeding the
amount specified in C.R.S. § 39-26-102(3)(c), as amended.
This definition does not apply to any person who is doing
business in this state but otherwise applies to any other
person.
ENGAGED IN BUSINESS IN THE TOWN: Performing or
providing services or selling, leasing, renting, delivering or
installing tangible personal property for storage, use or
Ordinance No. 9, Series of 2020 4
August 18, 2020 - Page 50 of 56
consumption within the Town. Engaged in business in the
town includes, but is not limited to, any one of the following
activities by a person:
A. Directly, indirectly, or by a subsidiary maintains a building,
store, office, salesroom, warehouse, or other place of
business within the taxing jurisdiction;
B. Sends one or more employees, agents or commissioned
salespersons into the taxing jurisdiction to solicit business or
to install, assemble, repair, service, or assist in the use of its
products, or for demonstration or other reasons;
C. Maintains one or more employees, agents or
commissioned salespersons on duty at a location within the
taxing jurisdiction;
D. Owns, leases, rents or otherwise exercises control over
real or personal property within the taxing jurisdiction; or
E.Retailer or vendor in the state of Colorado that makes more
than one delivery into the taxing jurisdiction within a twelve
(12) month period.
F.Makes retail sales sufficient to meet the definitional
requirements of economic nexus as set forth herein.
MARKETPLACE: A physical or electronic forum, including,
but not limited to, a store, a booth, an internet website, a
catalog, or a dedicated sales software application, where
tangible personal property, taxable products, or taxable
services are offered for sale.
MARKETPLACE FACILITATOR: A person who:
A.Contracts with a marketplace seller or multichannel seller
to facilitate for consideration, regardless of whether or not the
consideration is deducted as fees from the transaction, the
sale of the marketplace seller’s tangible personal property,
products, or services through the person’s marketplace;
B.Engages directly or indirectly, through one or more
affiliated persons, in transmitting or otherwise communicating
the offer or acceptance between a purchaser and the
marketplace seller or multichannel seller; and
Ordinance No. 9, Series of 2020 5
August 18, 2020 - Page 51 of 56
C.Either directly or indirectly, through agreements or
arrangements with third parties, collects payment from the
purchaser on behalf of the seller.
This definition does not include a person that exclusively
provides internet advertising services or lists products for
sale, and that does not otherwise meet this definition.
MARKETPLACE SELLER: A person, regardless of whether
or not the person is engaged in business in the town, which
has an agreement with a marketplace facilitator and offers for
sale tangible personal property, products, or services through
a marketplace owned, operated, or controlled by a
marketplace facilitator.
MULTICHANNEL SELLER: A retailer that offers for sale
tangible personal property, commodities, or services through
a marketplace owned, operated, or controlled by a
marketplace facilitator, and through other means.
RETAILER OR VENDOR: Any person selling, leasing,
renting, or granting a license to use tangible personal property
or services at retail. Retailer shall include, but is not limited to,
any:
A.Auctioneer;
B. Salesperson, representative, peddler or canvasser, who
makes sales as a direct or indirect agent of or obtains such
property or services sold from a dealer, distributor, supervisor
or employer;
C. Charitable organization or governmental entity which
makes sales of tangible personal property to the public,
notwithstanding the fact that the merchandise sold may have
been acquired by gift or donation or that the proceeds are to
be used for charitable or governmental purposes;
D. Retailer-contractor, when acting in the capacity of a seller
of building supplies, construction materials, and other tangible
personal property;
E.Marketplace facilitator, marketplace seller, or multichannel
seller.
Ordinance No. 9, Series of 2020 6
August 18, 2020 - Page 52 of 56
Section 2. Section 4-3-3-1 of the Vail Town Code is amended by the addition of
the following new subsection J:
4-3-3-1: PROPERTY AND SERVICES TAXED:
* * *
J. Marketplace Sales:
1.A marketplace facilitator engaged in business in the town is
required to collect and remit sales tax on all taxable sales
made by the marketplace facilitator, or facilitated by it for
marketplace sellers or multichannel sellers to customers in
the town, whether or not the marketplace seller for whom
sales are facilitated would have been required to collect sales
tax had the sale not been facilitated by the marketplace
facilitator.
2.A marketplace facilitator shall assume all the duties,
responsibilities, and liabilities of a vendor under this chapter.
Marketplace facilitators shall be liable for the taxes collected
from marketplace sellers or multichannel sellers. The town
may recover any unpaid taxes, penalties, and interest from
the marketplace facilitator that is responsible for collecting on
behalf of marketplace sellers or multichannel sellers.
3.The liabilities, obligations, and rights set forth under this
subsection J are in addition to any duties and responsibilities
of the marketplace facilitator has under this chapter if it also
offers for sale tangible personal property, products, or
services through other means.
4.A marketplace seller, with respect to sales of tangible
personal property, products, or services made in or through a
marketplace facilitator’s marketplace, does not have the
liabilities, obligations, or rights of a retailer under this chapter
if the marketplace seller can show that such sale was
facilitated by a marketplace facilitator:
a.With whom the marketplace seller has a contract that
explicitly provides that the marketplace facilitator will collect
and remit sales tax on all sales subject to tax under this
chapter; or
b.From whom the marketplace seller requested and
received in good faith a certification that the marketplace
facilitator is registered to collect sales tax and will collect sales
Ordinance No. 9, Series of 2020 7
August 18, 2020 - Page 53 of 56
tax on all sales subject to tax under this chapter made in or
through the marketplace facilitator’s marketplace.
5. If a marketplace seller makes a sale that is not facilitated
by a licensed marketplace facilitator in a marketplace, the
marketplace seller is subject to all of the same licensing,
collection, remittance, filing and recordkeeping requirements
as any other retailer.
6.With respect to any marketplace sale, the town shall solely
audit the marketplace facilitator for sales made by
marketplace sellers or multichannel sellers but facilitated by
the marketplace. The town will not audit or otherwise assess
tax against marketplace sellers or multichannel sellers for
sales facilitated by a marketplace facilitator.
Section 3. No obligation to collect the sales and use tax required by this
Ordinance may be applied retroactively. Responsibilities, duties and liabilities described
in Section 2 of a marketplace facilitator, marketplace seller, or multichannel seller begin
upon the earlier of when they became licensed to collect the Town's sales tax or when
they became legally obligated to collect the Town's sales tax
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The amendment of any provision of the Vail Town Code in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
Section 7. This ordinance shall become effective on the first day of the month
that is at least thirty (30) days after date of its adoption.
Ordinance No. 9, Series of 2020 8
August 18, 2020 - Page 54 of 56
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of August, 2020 and
a public hearing for second reading of this Ordinance is set for the 18th day of
August, 2020, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 18th day of August, 2020.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
Ordinance No. 9, Series of 2020 9
August 18, 2020 - Page 55 of 56
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C : Adjournment 7:15 pm (estimate)
August 18, 2020 - Page 56 of 56