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HomeMy WebLinkAboutCity Council Agenda Packet 08/26/20136:45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 26, 2013 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge . Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance . CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF August 12, 2013 PROCLAMATIONS AND CEREMONIES Police Department Citizen Award Presentation -Melissa Romero GFOA Budget Award Presentation CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1 Council Bill No. 12-2013 -submitting a ballot question to the voters of the City at the November 5, 2013 Election, concerning an increase in the Sales and Use Tax Rate CITY COUNCIL AGENDA: August 26 , 2013 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN TO SPECIAL STUDY SESSION Page -2- CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August12.2013 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m . ROLLCALL OF MEMBERS Joyce Jay Joseph DeMott Davis Reinhart Tracy Langworthy Bud Starker George Pond Kristi Davis Mike Stites Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl ; City Manager Patrick Goff; Police Chief Dan Brennan ; Community Development Director, Ken Johnstone ; other staff, guests and interested citizens. APPROVAL OF MINUTES OF July 22. 2013 Motion by Counci lmember Stites for approval of the Minutes of July 22 , 2013 ; seconded by Councilmember Starker; carried 6-0-2, with Councilmembers Stites and Davis abstaining due to their absence from that meeting. PROCLAMATIONS AND CEREMONIES Police Department C itizen Award Presentation -Ron Kiefel Chief Brennan presented Ron Kiefel with the Wheat Ridge Police Department Citizen Award and Police Ceremonial Challenge Coin . School Resource Officer Barry Malloy became aware of a 9-year old victim of bullying by two 12-year olds. During this incident the 9-year old 's bicycle was damaged , making it unridable and in need of repair. The victim 's mother wouldn't file a police report for fear of retaliation, and, being a single mother, didn't have the funds to repair the bike . Officer Malloy solicited help from WR Cyclery and thei r employees gladly fixed the bike at no cost. This act of generosity touched the victim 's fam il y and is indicative of how their business is run and why it is so successful. WR Cyclery is a positive reflection of our humble community . Mr. Kiefel thanked the City and introduced his service manager, Doug Biddle , who was responsible for taking care of this young gentleman . Cycling and seeing kids riding and getting a sense of freedom and who they are is important to them. They are glad to be able to he lp the commun ity in this way . City Council Minutes August 12, 2013 Page 2 CITIZENS' RIGHT TO SPEAK Kathy Tolman spoke about the Jeffco 5 Grassroots Coalition which supports Jefferson County having 5 county commissioners. This is a possible ballot issue for 2014. Thomas Slattery, representing Wheat Ridge United Neighborhoods, announced that the annual Election Forum will be held Wednesday, October 2 in the Council Chambers. There will be questions for the City candidates, speakers for and against ballot issues, as well as School board candidates and whatever else is on the ballot. He solicited question ideas from interested persons in the City. He thanked the Council and City Manager for again allowing WRUN to use the Council Chambers and the television video services. Janeece Hoppe announced the last Cruiser Crawl of the season this Thursday. Meet in front of WR Cyclery. She noted a worm com posting class will be coming up, and there will be a chili contest at the Carnation Festival on Saturday. PUBLIC INPUT ON THE 2014 BUDGET Joseph Giordano, who moved here a few years ago and is treasurer of WR 2020, is impressed with 381h Avenue. He said there is still work to do and encouraged Council to continue funding for WR2020 and community development efforts . Janeece Hoppe, of Compass Construction, board member ofWR2020 and the WR Business District and committee member for Ridge at 38, spoke in support of continued funding for WR2020 and Ridge at 38 events. Britta Fisher, executive director of WR2020, spoke in support of continued funding for community events and programs and economic development. Eric Wilson, a member of the bicycle pedestrian advisory team, encouraged continued funding for bicycle/pedestrian projects. Susan Motika encouraged funding for active transportation and multi-modal connections throughout the City. She believes that bike lanes on Pierce between 26th and 44th should be a priority. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1 Council Bill No. 11-2013-amending Sections 4-1, 4-8 and 4-31 of the Wheat Ridge Municipal Code concerning the licensing of dogs and cats City Council Minutes August 12, 2013 Page 3 Mayor DiTullio opened the public hearing. Council Member DeMott introduced Council Bill11-2013. This ordinance reflects the recommendations of the County, as reviewed by both City staff and the animal Welfare and Control Commission, to make the following changes to the City Code: 1) Amend all references from "Jefferson County" to the "Licensing Administrator," defined as the person or entity delegated the authority to issue dog licenses and collect fees; 2) Delete the reference to the cat vaccination requirement being triggered by the appearance of the eat's first permanent teeth, as this method of verification should only be conducted by a licensed veterinarian; 3) Amend the age at which dog vaccination and licensing is required from six months to four months, making this requirement consistent with the current recommendations of federal, state, and county agencies; and 4) Delete references to "a current U.S.D.A. licensed rabies vaccine", as it is unnecessary; licensed veterinarians will only use licensed vaccines. City Clerk Shaver assigned Ordinance number 1540. Heather Cameron, director of the Foothills Animal Shelter thanked the City for these changes in the licensing program. This will reflect the working relationship between the City and Foothills Animal Shelter and help sustain their lean, 24-hour operation There was no public comment. Mayor DiTullio closed the public hearing . Motion by Councilmember DeMott to approve Council Bill No. 11-2013, an ordinance amending Sections 4-1, 4-8 and 4-31 of the Wheat Ridge Municipal Code concerning the licensing of dogs and cats, on second reading and that it take effect 15 days after final publication; seconded by Councilmember Pond ; carried 8-0 . 2 . Council Bill No. 10-2013-adopting by reference the 2011 Edition of the National Electrical Code, providing penalties for violations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Laws concerning Electrical Inspections Mayor DiTullio opened the public hearing . Councilmember Starker introduced Council Bill 10-2013 and read the executive summary. This ordinance adopts the National Fire Protection Association's 2011 National Electric Code and will bring the City's regulations and requirements closer to uniformity with the state and other jurisdictions that have adopted it. City Council Minutes August 12 , 2013 Page 4 City Clerk Shaver assigned Ordinance number 1541 . There was no staff report, questions from the Council or public comment. Mayor DiTullio closed the public hearing . Motion by Council member Starker to approve Council Bill No . 10-2013, an ordinance adopting by reference the 2011 Edition of the National Electrical Code, providing penalties for violations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Laws concerning Electrical Inspections, on second reading and that it take effect on November 1, 2013; seconded by Councilmember Stites; carried 8-0 . ORDINANCES ON FIRST READING ~ Council Bill12-2013-An Ordinance submitting a ballot question to the voters of the City at the November 5, 2013 Election, concerning an increase in the Sales and Use Tax Rate. Councilmember Starker introduced Council Bill 12-2013 and read the wording for the ballot question: SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6.5 MILLION IN CALENDAR YEAR 2014 THROUGH AN INCREASE IN THE CITY'S SALES AND USE TAX RATE OF ONE CENT (1%) ON EACH ONE DOLLAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR, WHICH REVENUES SHALL BE INVESTED IN THE COMMUNITY TO IMPROVE AND ENHANCE THE SAFETY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS AND SECURE THE CITY 'S FINANCIAL FUTURE THROUGH, BUT NOT LIMITED TO THE FOLLOWING : • ROAD AND BRIDGE CONSTRUCTION ; STORMWATER DRAINAGE CONSTRUCTION AND MAINTENANCE ; AND CAPITAL MAINTENANCE TO PROVIDE A SAFE AND EFFECTIVE CITY INFRASTRUCTURE SYSTEM • INVESTING IN CAPITAL PROJECTS THAT SUPPORT THE BUSINESS GROWTH OF OUR COMMUNITY AND SHALL THE CITY BE PERMITTED TO COLLECT, RETAIN AND SPEND THE REVENUES FROM SUCH INCREASE, INCLUDING ALL INTEREST DERIVED THEREFROM, WITHOUT REGARD TO THE REVENUE RAISING, DEBT LIMITATION OR OTHER RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? City Council Minutes August 12, 2013 Page 5 Motion by Councilmember Starker to approve Council Bill No. 12-2013, an ordinance submitting a ballot question to the voters of the City at the November 5, 2013 Election, concerning an increase in the Sales and Use Tax Rate, on first reading, order it published, public hearing set for Monday, August 26, 2013 at 7:00 p.m. in City Council Chambers, and that it take effect immediately upon adoption; seconded by Councilmember DeMott; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 4. Motion to approve the award of RFP-13-11 to RMC Consultants Incorporated for Environmental Consulting Services related to an EPA Brownfields Assessment Grant for a Not-to-Exceed amount of $280,000 Councilmember Stites introduced Agenda Item #4. The City received a $400,000 grant from the EPA in 2012 to do environmental assessments on potentially contaminated properties within the City. Motion by Councilmember Stites to approve the award of RFP-13-11 to RMC Consultants Incorporated for Environmental Consulting Services related to an EPA Brownfields Assessment Grant for a Not-to-Exceed amount of $280,000; seconded by Councilmembers Davis and Reinhart; Dan Schneider of Terracon spoke. His company was involved in the bid process for this project and was not awarded the bid. They have filed a formal protest. He believes the City should reevaluate the decision to award the bid to RMC. He had a handout for Council which showed comparison of the Unit Pricing between his firm, Terracon, and RMC . Mr. Dahl advised Council they can approve the motion, deny it or continue it for future action. A protest does not prevent action. Even if Council approves the contract, staff will still review the protest and bring the matter back to Council if they think it should be. Mr. Johnstone stated that it had been a very competitive process with 15 separate bids. Staff believes RMC emerged at the best candidate for the City. Motion carried 7-1, with Mr. Starker voting no. CITY MANAGER'S MATTERS Mr. Goff introduced our new Public Works Director, Scott Brink, who started today. He comes from a suburb of Minneapolis that is similar in many ways to Wheat Ridge. CITY ATTORNEY'S MATTERS City Council Minutes August 12, 2013 Page 6 CITY CLERK'S MATTERS ELECTED OFFICIALS' MATTERS Joseph DeMott said that following some comp laints he had two weeks ago, and some concerns from business owners and citizens, he sent out an email to the Council about the leaking of sales tax information. He followed the procedure recommended in the CIRSA handbook . This is not meant to be political; it is a very legitimate concern of his . He takes the privacy of sales tax information very seriously, and thinks a sales tax leak must be taken seriously and investigated . Motion by Mr. DeMott to direct the City Attorney to conduct an investigation regarding the leak of tax information to Councilmember Reinhart from City Manager Patrick Goff and determine where else and to whom that tax information may have landed; and further that the City Attorney brief the Council at the next regular business meeting on the concluding information as well as the true process of obtaining tax records, who is to be trusted with this information on a regular basis, and if it indeed is being kept secret and by whom; seconded by Mr. Stites. Mr. Dahl described the investigative process to Council. He or someone in his office or some outside council will review emails and the documents that were produced, interview named and identified parties that may have been involved , and assemble that information in report form that would be delivered to the Council., along with any recommendations that may result. Kristi Davis said it is good that this be investigated and she hopes hearsay doesn't flourish while we wait for the results of the investigation. -Joyce Jay agreed with Ms . Davis and said she always welcomes clarity of information. Mr. Dahl said since the motion contains an individual councilmember's conduct, that member must abstain. Mr. Reinhart said he would be abstaining. Motion carried 7-0, with Mr. Reinhart abstaining. Kristi Davis thanked the City staff for their work on development, WR2020 for helping and the Council for wanting to move forward. -She said Council thought long and hard about the tax increase . All things considered, the sales tax will be something that can be absorbed fairly by all citizens and also by people who visit the city . She believes this is necessary for the city to move forward. She is available to answer questions and will probably be knocking on some doors . Bud Starker welcomed the new Public Works Director. City Council Minutes August 12, 2013 Page 7 Davis Reinhart announced that the formal opening of the facility across the street is this Wednesday at 3:00pm. Joyce Jay mentioned the Carnation Festival this weekend on Friday and Saturday . - Regarding the sales tax increase she is delighted to be offering this to the public to make a decision about whether they want to add this 1 cent tax increase. Mike Stites reminded folks that the parade starts at 10 this Saturday. His "positive thing": the amount of large dumpsters he sees around town showing that homeowners and businesses are remodeling, doing landscaping and the like-investing in the community. Meeting adjourned at 8:00 pm . APPROVED BY CITY COUNCIL ON August 26, 2013 BY A VOTE OF __ to __ Davis Reinhart, Mayor protem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e . they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ~ '~ -"' ~ .,. C ity of • ?WheatRi_dge ITEMNO:-.k DATE: August 26 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2013 AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2013 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX RATE D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING (08 /12/2013) cgj ORDINANCES FOR 2ND READING (08 /26/2013) QUASI-JUDICIAL: D YES cgj NO CiR~~ ISSUE: City Council directed staff to move forward with a ballot question requesting a 1% increase to the City sales and use tax rate. To include this question on the 2013 ballot, the City Council must set the final ballot language and submit to the Jefferson County Clerk and Recorder by September 6th . Setting the ballot language by ordinance requires a first reading on August 12 th and a second reading and public hearing on August 26th to meet this deadline. PRIOR ACTION: The Mayor and City Council held their annual strategic planning retreat on May 1 ih and 18 1h. The primary focus of the retreat was to review the City's current financial status and to discuss strategies for improving the City 's long-term financial situation. Council agreed to move forward with a ballot question at the November 2013 election to ask voters for an increase in the City's sales and use tax rate by I %. The Mayor and Council reviewed and finalized ballot language at the July 15th and August 5111 study sessions. Sales and Use Tax Increase Ballot Language August 26, 2013 Page 2 FINANCIAL IMPACT: Based on estimated sales and use tax revenues for fiscal year 2013, a one percent increase in the tax rate would generate approximately $6.5 million in 2014. BACKGROUND: The City's primary revenue source is sales and use tax, equating to approximately 70% of total General Fund revenues. The City's current tax rate is 3% which is equal to or lower than most Denver metro area cities. In addition, Wheat Ridge has one of the lowest property tax mill levy rates in the state at 1.830 mills. On a house valued at $250,000, the City receives only $36 a year in property taxes. Most other Denver metro area cities also impose other fees on their residents such as a stonnwater fee to fund stonnwater drainage issues. The City of Wheat Ridge does not impose this fee or many other types of fees that are common in other cities to help fund maintenance and construction projects. The City of Wheat Ridge is responsible for an extensive list of assets totaling over $55 million. These assets include land, buildings, vehicles, machinery and equipment, infrastructure and software. The City has over 133 miles of streets to repave, re-strip, sweep and plow on a regular basis and 36 miles of stonn water drainage infrastructure to unclog and clean regularly. Over 200 vehicles and large pieces of equipment, such as police patrol cars and snowplows, must be maintained adequately to ensure City staff can provide a safe community for our residents. The Parks and Recreation Department is responsible for over 42 sites that include parks, open space, recreation centers, and other visual green space totaling approximately 430 acres. When funding is limited, the list of postponed repairs and maintenance of these assets can become very long-very fast. Projects that are put on hold, repairs that are neglected and preventative maintenance that is ignored add up to a costly and complex problem. Unfortunately, in the City of Wheat Ridge we currently have approximately $5.0 million in deferred maintenance that is considered critical. This total includes over $4.0 in street pavement rehabilitation, $500,000 in Americans with Disabilities Act (ADA) sidewalk deficiencies and $320,000 in bridge deficiencies. In addition to the City's unfunded deferred maintenance backlog, staff has identified over $267 million in community investments that are essential to the quality of life of Wheat Ridge residents and to the long-tenn fiscal and environmental sustainability of the community. These needs include investments in street reconstruction, bicycle and pedestrian trails, storm water drainage improvements park improvements, undergrounding of utility lines, and improvements to municipal operating facilities. Residents also request on a regular basis additional or new investments in the City's assets to improve their quality of life. With the recent heavy rains, the lack of an adequate storm water drainage system has prompted many residents to contact the City after their garages or lawns were flooded. Speeding vehicles through neighborhoods prompt citizens to ask for more police patrol or traffic calming infrastructure to slow down drivers. Our environmentally and health conscious culture has encouraged residents to find alternatives to the car and the City is Sales and Use Tax Increase Ballot Language August 26,2013 Page 3 continuing to receive many requests for additional mobility options such as sidewalks and bike lanes. These investments take a considerable amount of resources to fund and complete. For the City to construct and maintain a modem day storm water drainage system, City staff estimates the City needs approximately $1.0 million per year for such a system. The City would need over $500,000 a year to address neighborhood safety concerns caused by speeding vehicles. Similarly, to fund and address the recommendations in the City's Pedestrian and Bicycle Master Plan, to construct additional sidewalks and bike lanes throughout the community, an additional $500,000 per year would be required. City expenses continue to increase at a faster rate than revenues. City Council has taken a hard look at the City budget and has determined that in order to provide a base level of service to its residents, additional budget cuts are not possible. To continue to provide services and programs to the residents of Wheat Ridge, City Council has had to use reserve funds to balance the budget. The City's policy is to maintain a minimum reserve level of 17% of General Fund expenditures which equates to approximately $5.0 million today. It is estimated that the City will spend down its reserves to 17% by 2014 and therefore adequate funding for critical repairs and maintenance of the City's assets will no longer be available. RECOMMENDATIONS: Staff recommends approving the council bill as presented, on second reading. RECOMMENDED MOTION: "I move to approve Council Bill No. 12-2013, an ordinance submitting a ballot question to the voters of the City at the November 5, 2013 election, concerning an increase in the sales and use tax rate, on second reading, and that it takes effect immediately upon adoption." Or, "I move to postpone indefinitely Council Bill No. 12-2013, an ordinance submitting a ballot question to the voters of the City at the November 5, 2013 election, conceming an increase in the sales and use tax rate, for the following reason(s) " REPORT PREPARED BY; Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 12-2013 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER Council Bill No. 12 Ordinance No. ----Series of 2013 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2013 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX RATE WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions to the electorate pursuant to Section 6.3 of the Home Rule Charter and CRS 31-11-111; and WHEREAS, the Council wishes to refer a ballot question concerning an increase in the City's sales and use tax rate. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot question referred. The following ballot question is hereby referred to the electorate of the City at the November 5, 2013 election: SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6.5 MILLION IN CALENDAR YEAR 2014 THROUGH AN INCREASE IN THE CITY'S SALES AND USE TAX RATE OF ONE CENT (1%) ON EACH ONE DOLLAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR, WHICH REVENUES SHALL BE INVESTED IN THE COMMUNITY TO IMPROVE AND ENHANCE THE SAFETY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS AND SECURE THE CITY'S FINANCIAL FUTURE THROUGH, BUT NOT LIMITED TO THE FOLLOWING: • ROAD AND BRIDGE CONSTRUCTION; STORMWATER DRAINAGE CONSTRUCTION AND MAINTENANCE; AND CAPITAL MAINTENANCE TO PROVIDE A SAFE AND EFFECTIVE CITY INFRASTRUCTURE SYSTEM • INVESTING IN CAPITAL PROJECTS THAT SUPPORT THE BUSINESS GROWTH OF OUR COMMUNITY AND SHALL THE CITY BE PERMITTED TO COLLECT, RETAIN AND SPEND THE REVENUES FROM SUCH INCREASE, INCLUDING ALL INTEREST DERIVED THEREFROM, WITHOUT REGARD TO THE REVENUE RAISING, DEBT LIMITATION OR OTHER RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Attachment 1 Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of August, 2013, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 26, 2013, at 7:00 o'clock p .m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013. SIGNED by the Mayor on this ____ day of _________ , 2013. ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: August 15, 2013 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor 2 ~ ', .. "' ~ r-City of • ~WheatRi_dge ITEM NO: 2. DATE: August 26,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 29-2013 AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 5, 2013. D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ISSUE: The City of Wheat Ridge will participate in a coordinated election on November 5, 2013. The attached Resolution and Intergovernmental Agreement must be executed and forwarded to Jefferson County by Tuesday, August 27, 2013. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the Coordinated Election. The duties of the County Clerk include, but are not limited to ballot preparation, voter lists, staff selection and training, providing election supplies, counting of the ballots, and certification of results. The duties of the City of Wheat Ridge include, but are not limited to Call and Notice and ballot preparation. The City Clerk shall act as the City of Wheat Ridge's "Election Officer" and the designated election official. She shall act as the primary liaison between the City of Wheat Ridge V :\Forms\CAFtemplate Council Action Form August 26, 2013 Page 2 and the Contact Officer for the County Clerk and Recorder. PRIOR ACTION: None FINANCIAL IMPACT: The City of Wheat Ridge shall pay its pro-rated costs (defined below) for all services, equipment, forms and supplies provided by the County Clerk pursuant to this Agreement. In addition, the Jurisdiction shall pay the pro-rated costs for all County employee overtime and temporary employee regular and overtime solely related to the preparation and conduct of the Election at each employee's rate or One Thousand Dollars ($1,000), whichever is greater. The Jurisdiction's pro-rated costs shall be determined in accordance with the formula set forth in the IGA Exhibit A attached hereto and incorporated herein by this reference. BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law. RECOMMENDATIONS: The County Clerk and the City Clerk, of the City of Wheat Ridge, have determined that it is the best interests of Jefferson County, the City and their respective inhabitants to cooperate and contract concerning the Election upon the terms and conditions in the Intergovernmental Agreement. RECOMMENDED MOTION: "I move to approve Resolution 29-2013, authorizing an Intergovernmental Agreement with the County of Jefferson regarding the Administration of the respective duties concerning the conduct of the Coordinated Election to be held on November 5, 2013. Or, "I move to _________ for the following reason(s) _______ " REPORT PREPARED BY: Bruce Roome , Deputy City Clerk ATTACHMENTS: 1. Resolution 29-2013 2. Intergovernmental Agreement TITLE: RESOLUTION NO. 29-2013 SERIES of 2013 RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 5, 2013. WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the Jefferson County Clerk ("County Clerk") and the City of Wheat Ridge ("City") shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 5, 2013 ("Election"): and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the "City Clerk") are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot election" as such term is defined in the Uniform Election Code of 1992, C.R.S . Title 1, as amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended ("Rules"); and WHEREAS, the City has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the City have determined that it is in the County's and City's best interests to cooperate in connection with the Election upon the terms and conditions contained in the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge: Section 1. The appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the County's and City's respective duties concerning the conduct of the coordinated election to be held on November 5, 2013 ("IGA"), attached hereto as Exhibit A. Section 2 . For the purposes of the November 5, 2013 election and to carry out the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code of 1992. DONE AND RESOLVED on this 26th day of August, 2013. Jerry DiTullio, Mayor AITEST: Janelle Shaver, City Clerk EXHIBIT A Intergovernmental Agreement dated August 26, 2013 INTERGOVERNMENTAL AGREEMENT TillS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this ..26th day of August , 2013, by and between the CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the City of Wheat Ridge ("Jurisdiction"), collectively referred to as the "Parties." WITNESSETH WHEREAS, pursuant to C.R.S. §1-7-116(2), as amended, the County Clerk and the Jurisdiction shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 5, 2013 ("Election"); and WHEREAS, the County Clerk and the Jurisdiction are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot election" as such term is defined in the Uniform Election Code of 1992, Title 1, C.R.S., as amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended ("Rules"); and WHEREAS, the Jurisdiction has certain candidates, ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the Jurisdiction have determined that it is in the best interests of Jefferson County, the Jurisdiction and their respective inhabitants to cooperate and contract concerning the Election upon the terms and conditions contained herein. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose of this Agreement is to set forth the tasks to be completed by the County Clerk and the Jurisdiction to conduct the Election and to pro-rate the cost thereof. 1.02 Coordinated Election Official. The County Clerk shall act as the Coordinated Election Official in accordance with the Code and Rules and as such shall conduct the Election for the Jurisdiction for all matters in the Code and the Rules which require action by the Coordinated Election Official. TM13-00896 The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have the primary responsibility for the coordination of the Election with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election. 1.03 Designated Election Official. The Jurisdiction designates Janelle Shaver as its "Election Officer" to act as primary liaison between the Jurisdiction and Contact Officer. The Election Officer shall have primary responsibility for the Election procedures to be handled by the Jurisdiction. Except as otherwise provided in this Agreement, the Election Officer shall act as the "Designated Election Official" for all matters under the Code and the Rules which require action by the Designated Election Official. From the date of the last party's execution of this Agreement through canvass of the Jurisdiction's election following the Election, the Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. In addition, the Election Officer is responsible for receiving and timely responding to inquiries made by their voters or others interested in the Jurisdiction's election. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Jefferson County. 1.05 Term. The term of this Agreement shall be from the date of the last party's execution until December 31, 2013 and shall apply only to the November 5, 2013 election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the following duties for the Election for the Jurisdiction: A. Voter Registration. 1. Supervise, administer and provide the necessary facilities and forms for all regular voter registration sites. 2. Notify the Jurisdiction of the certified number of registered electors residing within the Jurisdiction as of the twenty-second (22nd) day prior to the Election. TM13-00896 2 B. Ballot Preparation. I. Layout the text of the ballot in a format that complies with the Code and the Rules. 2. Provide ballot printing layouts and text for proofreading and signature approval by the Jurisdiction. 3. Certify the ballot content to the printer(s). 4. Contract for mailed ballot packets with a vendor acceptable to the County Clerk and remit payment directly to the vendor. C. Voter Lists. I. Upon request of the Jurisdiction, create a list of the registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2. Upon request of the Jurisdiction, certify the registration list to the designated representative(s) of the Jurisdiction. D. Staff. Appoint and train a sufficient number of qualified staff to adequately serve the number of electors registered to vote at the coordinated election. The Jurisdiction shall pay a percentage of the total cost for the staff (cost will be determined by using total hours worked by staff from the certified ballot deadline of September 6, 2013 through and including the deadline to complete the canvass for the coordinated election, November 22, 2013). Such percentage shall be determined by dividing the number of voters in the Jurisdiction by the total number of voters in the County (based upon the total number of active registered voters through election day). Overhead costs (Regular Time) for permanent employees shall not be charged to the Jurisdiction. E. Mail Ballots. Mail the ballot packets as required by the Code and the Rules. F. Election Supplies. Provide all necessary equipment, forms and supplies to conduct the Election, including the County's electronic vote counting equipment. The Jurisdiction is to be charged the pro-rated costs (as defined in Article IV) of any computer programs which will count the voted ballots as well as pre-election preventive maintenance and on-site technical personnel on Election night. G. Election Day Preparation. TMIJ-00896 3 l. Prepare a test deck for the pre-election logic and accuracy test to be conducted prior to the counting of ballots in accordance with C.R.S. § l-7-509(2) and the Rules. 2. Provide necessary electronic vote tabulating equipment (computer), personnel properly trained in electronic tabulating equipment, facility and equipment and to arrange for computer running time as necessary for the pre-election logic and accuracy test and for Election Day. H. Voted Ballot Deposit I. Provide a ballot box and seal within the Jurisdiction's primary business location for the use by all county voters. 2. Provide daily business-day pick-up of the sealed ballot box containing voted ballots from all assigned locations, and provide a replacement empty ballot box and seal. I. Election Day Activities. I. Provide Election day telephone and in person support from 6:00 a .m. to the conclusion of the count on Election night. 2. Inspect voted ballots , count the ballots and furnish the Jurisdiction with unofficial results ofthe Election. J. Counting the Ballots. I. Conduct and oversee the process of counting the ballots and reporting the results by Jurisdiction. 2. Establish backup procedures and backup sites for the counting of the Election should the counting equipment fail during the count. Should the equipment fail, and it is determined that the counting procedures will not be recovered within a reasonable period of time, the counting procedures will be moved to a predetermined site for the duration of the Election counting procedures. 3. Provide personnel to participate in the ballot counting procedures as accomplished by any electronic vote tabulating equipment used in the Election. The Jurisdiction personnel shall participate with personnel from the County Clerk's Office to ensure Jurisdiction participation in each of the electronic vote tabulating procedures that shall be used. K. Certification of Results. I. Appoint, instruct and otherwise oversee the board of canvassers. TMI3-00896 4 2. Certify the results of the Jurisdiction's Election within the time required by law and forthwith provide the Jurisdiction with a copy of all Election statements and certificates which are to be created under the Code. 3. In the event a recount is necessary, conduct a recount in accordance with the law. 4. Conduct the post-election audit of voting equipment and vote- counting equipment, in accordance with C.R.S. §1-7-509 and the Rules. L. Storage and Records. 1. Store all election records as required by law. Store all voted and unvoted ballots for that time required by the Code, store voter affidavits of electors who cast ballots in the Election for a minimum of twenty-five (25) months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the Election. 2. Capture the vote history for the County Election Department's vote history file. Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond those duties set forth in the Code or the Rules. ARTICLE III DUTIES OF JURISDICTION 3.01 Jurisdiction Duties. The Jurisdiction shall perform the following duties for the Election: A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the coordinated Election in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Call and Notice. Publish all notices relative to the Election as required by the Code, the Rules, the Jurisdiction's Charter and any other statute, rule or regulation. C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal descriptions of each precinct, ward and/or voting jurisdiction no later than August 23, 2013. D. Petitions, Preparation and Verification. Perform all responsibilities required to certify any candidate and/or initiative petition(s) to the ballot. TMJ3-00896 5 E. Ballot Preparation. 1. Submit a copy of the list of Candidates, Ballot Issues and/or Ballot Questions and the titles and summaries of each Ballot Issue or Ballot Question to the County Clerk in electronic format exactly as the list is to be printed on the ballot pages no later than September 6, 2013 at 3:00p.m. 2. Proof the layout and text of the official ballot before authorizing the printing of the ballot by signature approval to the County Clerk. F. Election Day Preparation. The Jurisdiction shall be responsible for providing a minimum of one (I) person to represent the Jurisdiction at the pre-election logic and accuracy test conducted pursuant to C.R.S. §1-7-509(2) and Rule 11.5; and a minimum of one (l) person to represent the Jurisdiction on the Canvass Board, which shall be established as provided in C.R.S. §§1-10-202 through 1-10-205. The name ofthe representative shall be submitted to the Contact Officer on or before October 21, 2013, the 15 1h day prior to the election." G. Voted Ballot Deposit. 1. Provide a prominent location for a sealed ballot box in which all county voters may deposit their voted ballot. [The ballot box must be available to voters from 7:00a.m. to 7:00p.m. on Election Day.] 2. Provide constant supervision during business hours for the ballot box and assure that the ballot box is at no time left unattended. 3. Provide a secure, locked storage location for the ballot box during all non-business hours. 4. The Jurisdiction is responsible for the secure delivery of the remaining sealed ballot box to the County Clerk immediately after the polls close on Election Day. 3.02 Cancellation of Election by the Jurisdiction. In the event that the Jurisdiction resolves not to hold the Election, then notice of such resolution shall be provided to the County Clerk immediately. The Jurisdiction shall within thirty (30) days promptly pay the County Clerk the full actual costs of the activities of the County Clerk relating to the Election incurred both before and after the County Clerk's receipt of such notice. The Jurisdiction shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office of the Designated Election Official (as defined in the Code), at the primary building of the Jurisdiction, and, if the Jurisdiction is a special district, in the office of the division oflocal government. The Jurisdiction shall not cancel the Election after the 25th day prior to the Election. TM13-00896 6 ARTICLE IV COSTS 4.01 Election Costs. The Jurisdiction shall pay the pro-rated costs (defined below) for all services, equipment, forms and supplies provided by the County Clerk pursuant to this Agreement. In addition, the Jurisdiction shall pay the pro-rated costs for all County employee overtime and temporary employee regular and overtime solely related to the preparation and conduct of the Election at each employee's rate or One Thousand Dollars ($1 ,000), whichever is greater. The Jurisdiction's pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached hereto and incorporated herein by this reference. 4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total payment upon receipt of such invoice. Any amount not paid within sixty (60) days after the date of the invoice will be subject to late interest at the lesser of the rate of 1 Yl% per month or the highest rate permitted by applicable law. ARTICLE V MISCELLANEOUS 5.01 Notices. Any and all notices required to be given to the Parties by this Agreement are deemed to have been received and to be effective: (1) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a fax was received; to the address of the Parties as set forth below or to such Party or addresses as may be designated hereafter in writing. To County Clerk: TM13..0Q896 Pamela Y. Anderson Jefferson County Clerk and Recorder Jefferson County Government Center 1 00 Jefferson County Parkway Golden, Colorado 80419 7 with a copy to: To Jurisdiction: Jefferson County Attorney Jefferson County Government Center 100 Jefferson County Parkway Golden, Colorado 80419 City of Wheat Ridge City Clerk's Office 7500 W 29th Avenue Wheat Ridge, CO 80033 5.02 Amendment. This Agreement may be amended only in writing and following the same formality as the execution of this Agreement. 5.03 Intee;ration. The Parties acknowledge that this Agreement constitutes the sole agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 5.04 Indemnification . T o the extent permitted by law, each party agrees to indemnify, defend and hold harmless the other party, its agents , officers and employees from any and all losses, costs (including attorney's fees and court costs), demands or actions arising out of or related to any actions , errors or omissions relating to the duties and responsibilities of the indemnifying party in the conduct of the Election. 5.05 Conflict of Agreement with Law, Impairment. In the event that any provision in this Agreement conflicts with the Code, other statute or valid prior resolution or ordinance duly adopted by the Jurisdiction , this Agreement shall be modified to conform to such law or resolution. N o subsequent resolution or ordinance of the Jurisdiction shall impair the rights of the County Clerk or the Jurisdict ion hereunder without the consent of the other party to this Agreement. 5.06 Time of Essence. Time is of the essence of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks required by this Agreement. TM IJ-00 896 8 IN WITNESS WHEREOF, the Parties hereto have signed this Agreement. AITEST: APPROVED AS TO FORM: David Wunderlich Assistant County Attorney ATTEST: Janelle Shaver, City Clerk TM13-00896 CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON STATE OF COLORADO By ______________________ __ Pamela Y. Anderson Date ----------------------- JURISDICTION: By ______________________ __ Name/Title Jerry DiTullio, Mayor Date August 26.2013 9 HOW TO FIGURE OUT THE ELECTION COST FOR AN ENTITY 1) Each ballot style is comprised of different combinations of entities on the ballot. For example ballot style 1 might be the County and State only, ballot style 2 might be County, State, and the Jurisdiction. 2) The total number of voters in each ballot style is determined. These numbers can be ascertained by running a computer program once the ballot style information is entered into the system. Then the total number of voters for each entity in a ballot style is determined by taking the total number of voters in each ballot style and dividing it by the number of entities in the ballot style. If, using the explanation in number 1, ballot style 2 had I 00 voters, then each entity would have 33 voters because three entities share the ballot style. 3) The total number of voters a certain entity is responsible for in a ballot style is divided by the total number of registered voters. The decimal point must be moved over two places to the right. This will determine the percentage that the entity is responsible for in that ballot style. 4) After all ballot styles are completed , a running tally of the percentage numbers is done for each entity to get the grand total of percentage. For example, if the Jurisdiction's percentage numbers in the ballot styles were .6%, .25%, and 3.5% the grand total of responsibility would be 4.125%. 5) That percentage grand total is used to find out how much the entity owes for the election. lfthe Jurisdiction's percentage is 4.125% and the total cost of the election is $200,000, then the Jurisdiction would owe $8250.00. The decimal point must be moved back two places to the left to make it whole dollars and not percent. There is a $1000 minimum so no entity would be charged less than that. All numbers used in the above explanation are for example and discussion purposes only and are not to be assumed the amount owed or the estimated amount owed in an election . TMIJ-00896 Exhibit A Page 1 of2 10 STYLE NUMBER NUMBER OF VOTERS TOTAL TM13-00896 (YEAR) (ELECTION TITLE) (ENTITY'S) DIVIDE BY TOTAL DIVIDE BY THE VOTERS TOTAL NUMBER PER NUMBER OF ENTITY OF ENTITIES BALLOTS ISSUED IN JEFFCO (000,000) TOTAL PERCENTAGE FOR (ENTITY) PERCENTAGE PER ENTITY Exhibit A Pae:e 2 of2 11 ~~~# ... ~ or City of • :?WlieatRL_dge ITEM NO: J. DATE: August 26, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION 30-2013 AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES. (TABOR) 0 PUBLIC HEARING D BIDS/MOTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING 1:8] RESOLUTIONS QUASI-JUDICIAL: D YES ~ik.~A/ nelle Shaver, City Clerk ISSUE: The City of Wheat Ridge will participate in a coordinated election on November 5, 2013. The attached Resolution and Intergovernmental Agreement must be executed and forwarded to Jefferson County by Tuesday, August 27, 2013. The documents refer to the respective duties of the County and the City of Wheat Ridge concerning the production of a mailed notice concerning Ballot Issues that will be submitted to eligible voters of the City of Wheat Ridge. TABOR requires that notices containing election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap. PRIOR ACTION: None Council Action Form August 26, 2013 Page 2 FINANCIAL IMPACT: The City of Wheat Ridge shall pay a pro-rated amount for the costs to produce and mail the Notice. Such pro-ration shall be made based upon the percentage of households in which an "Active" registered voter resides who is an eligible elector of the Jurisdiction, the number of Ballot Issues, and the number of pages and partial pages used within the Notice Package for the Jurisdiction's Notice, in accordance with the formula attached as Exhibit "A". A special district's pro-rated payment will be based upon the total number of households within Jefferson County and not merely the number of households within the district. In addition, the Jurisdiction shall pay One Hundred Dollars ($1 00.00) for each Ballot Issue included in the Notice Package and Fifty Dollars ($50.00) for each page and partial page on which Jurisdiction's Notice appears. In addition to the payment set forth in 4.01, the Jurisdiction shall pay Two Hundred Dollars ($200.00) for each Ballot Question included in the Notice Package. If inclusion of the Ballot Question(s) increases the cost to produce and/or mail the Notice Package, the Jurisdiction shall also pay for a pro-rated amount based upon the total number of Ballot Questions submitted by all jurisdictions. BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law. RECOMMENDATIONS: The County Clerk and the City Clerk, of the City of Wheat Ridge, have determined that it is the best interests of Jefferson County, the City and their respective inhabitants to cooperate and contract concerning the Election upon the terms and conditions in the Intergovernmental Agreement. RECOMMENDED MOTION: "I move to approve Resolution 30-2013 , authorizing an Intergovernmental Agreement with the County of Jefferson regarding the Administration of the respective duties regarding the production of a mailed notice concerning Ballot Issues (TABOR). Or, "I move to _________ for the following reason(s) _______ " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Resolution 30-2013 2. Intergovernmental Agreement TITLE: RESOLUTION NO. 30-2013 SERIES of 2013 RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES. (TABOR) WHEREAS, pursuant to Section 29-1-203, C.R.S., as amended, the County and the City of Wheat Ridge may cooperate or contract with each other to provide any function or service lawfully authorized to each; and WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution ("TABOR") and Section 1-7-901, et seq, C.R.S . require the production of a mailed notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of 1992, Title I, C.R.S ., as amended (the "Code") that will be submitted to eligible voters of the City of Wheat Ridge in connection with the general election to be held on November 5, 2013 (the "Election"); and WHEREAS, TABOR requires that notices containing Election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap (the "Notice Package"); and WHEREAS, the Parties desire to set forth their respective responsibilities for production and mailing of the Notice Package in connection with the Election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that the appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the parties' respective duties concerning the requirement of a mailed notice concerning Tabor Issues. DONE AND RESOLVED on this 26th day of August 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk EXHIBIT A Intergovernmental Agreement dated August 26, 2013 mTERGOVERNMENTALAGREEMENT TIDS mTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this _.26th day of~ 2013, by and between the CLERK & RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and City of Wheat Ridge ("Jurisdiction"), collectively referred to as the "Parties," for the administration of their respective duties concerning the mailing of notices relating to the Jurisdiction's election to be held on November 5, 2013 ("Election"). WITNESSETH WHEREAS, pursuant to Section 29-1-203, C.R.S., as amended, the County and the Jurisdiction may cooperate or contract with each other to provide any function or service lawfully authorized to each; and WHEREAS, Article X, Section 20(3)(b) ofthe Colorado Constitution ("TABOR") and Section 1-7-901, et seq, C.R.S. require the production of a mailed notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of 1992, Title I, C.R.S., as amended (the "Code") that will be submitted to eligible voters of the Jurisdiction; and WHEREAS, the Notices of several jurisdictions are to be sent as a package where such jurisdictions overlap ("Notice Package"); and WHEREAS, the County Clerk and the Jurisdiction desire to set forth their respective responsibilities in the production and mailing of the Notice Package in connection with the Election. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose of this Agreement is to set forth the tasks to be completed by the County Clerk and the Jurisdiction to produce and mail the Notice Package for the Election. Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond those duties set forth in the Code or the current Rules and Regulations Governing Election Procedures adopted by the Secretary of State as amended (the "Rules"). 1.02 Coordinated Election Official. The County Clerk shall act as the Coordinated Election Official in accordance with the Code and the Rules and as such shall mail the Notice Package for the Jurisdiction for all matters in the Code and the Rules that require action by the Coordinated Election Official. TM13-00896 1 The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have the primary responsibility for the coordination of the Notice for the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the Notice. 1.03 Desie;nated Election Officer. The Jurisdiction designates Janelle Shaver as its "Election Officer" to act as the primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary responsibility for the procedures to be handled by the Jurisdiction. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Jefferson County. 1.05 Term. The term of this Agreement shall be from the date of the last party's execution until December 31, 2013 and shall apply only to the November 5, 2013 election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the following duties for the Notice for the Jurisdiction: A. Print the Notice exactly as it is submitted by the Jurisdiction. B. Determine the order that the Notice from participating jurisdictions shall be placed in the Notice Package; however, materials supplied by the Jurisdiction shall be kept together as a group and shall remain in the order submitted by the Jurisdiction. C. Mail the Notice Package as required by the Code and the Rules. The Notice shall be produced and mailed by third class standard postage carrier route sort. Nothing herein shall preclude the County Clerk from sending the Notice or Notice Package to persons other than electors of the Jurisdiction if such sending arises from the County Clerk's efforts to mail the Notice Package at "least cost" under the Rules. No other notice shall be mailed. This mail requirement shall constitute the only Ballot Issue Notice obligation assumed by the County Clerk pursuant to this Agreement. D. The County Clerk shall print and mail the Notice Package in accordance with the time deadlines mandated by the Code and the Rules. The County Clerk shall not be responsible for the failure to meet the Article X, Section 20 constraints if the Notice is not submitted by the Jurisdiction within the deadlines and form required by this Agreement. TM13-00896 2 ARTICLE III DUTIES OF JURISDICTION 3.01 Jurisdiction Duties. The Jurisdiction shall perform the following duties for the Notice: A. Provide the County Clerk with a copy of the resolution which states that the Jurisdiction will participate in the coordinated mailing of the Notice in accordance with the terms and conditions ofthis Agreement. The resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Draft the Notice for each Ballot Issue. Ballot Questions (as defined in the Code) are not required by TABOR, the Code or the Rules to appear in the Notice and will be included at the Jurisdiction's sole discretion. The Notice shall consist of the title, full text, pro and con summaries each of 500 words or less, the fiscal information required by TABOR, and such other information as is required by the Code. The Jurisdiction shall have the sole responsibility for drafting ofthe Notice in accordance with TABOR, the Code, and the Rules. C. Submit the Notice to the County Clerk no later than September 24, 2013 at 3:00 p.m. in electronic format. D. Meet all timelines set forth in the Rules and the Code regarding the Notice. 3.02 Cancellation of Election by the Jurisdiction. In the event that the Jurisdiction resolves not to hold the Election, then notice of such resolution shall be provided to the County Clerk immediately. The Jurisdiction shall within thirty (30) days promptly pay the County Clerk the full actual costs of the activities of the County Clerk relating to the Notice, including without limitation production and mailing costs, incurred both before and after the County Clerk's receipt of such notice. The Jurisdiction shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office of the Designated Election Official (as defined in the Code), and, if the Jurisdiction is a special district, in the office of the division of local government. The Jurisdiction shall not cancel the Election after the 25th day prior to the Election. ARTICLE IV COSTS 4.01 Payment for Notice of Ballot Issues. The Jurisdiction shall pay a pro-rated amount for the costs to produce and mail the Notice. Such pro-ration shall be made based upon the percentage of households in which an "Active" registered voter resides who is an eligible elector of the Jurisdiction, the number of Ballot Issues, and the number of pages and partial pages used within the Notice Package for the Jurisdiction's Notice, in accordance with the formula attached as Exhibit "A". A special district's pro-rated payment will be based upon the total number of households within Jefferson County and not merely the number of households within the district. In addition, the Jurisdiction shall pay One Hundred Dollars ($100.00) for each Ballot Issue included in the Notice TMI3-00896 3 Package and Fifty Dollars ($50.00) for each page and partial page on which Jurisdiction's Notice appears. 4.02 Payment for Notice of Ballot Questions. In addition to the payment set forth in 4.01, the Jurisdiction shall pay Two Hundred Dollars ($200.00) for each Ballot Question included in the Notice Package. If inclusion of the Ballot Question(s) increases the cost to produce and/or mail the Notice Package, the Jurisdiction shall also pay for a pro-rated amount based upon the total number of Ballot Questions submitted by all jurisdictions. 4.03 Invoice. The County shall submit to the Jurisdiction an invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total payment upon receipt of such invoice. Any amount not paid within thirty (30) days after the date of the invoice will be subject to late interest at the Jesser of the rate of 1 Y2% per month or the highest rate pennitted by applicable law. ARTICLE V MISCELLANEOUS 5.01 Notices. Any and all notices required to be given to the Parties by this Agreement are deemed to have been received and to be effective: (I) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a fax was received; to the address of the Parties as set forth below or to such Party or addresses as may be designated hereafter in writing. To County Clerk: with a copy to: To Jurisdiction: Pamela Y. Anderson Jefferson County Clerk and Recorder Jefferson County Government Center 100 Jefferson County Parkway Golden, Colorado 80419 Jefferson County Attorney Jefferson County Government Center I 00 Jefferson County Parkway Golden, Colorado 80419 City of Wheat Ridge City Clerk's Office 7500 W 29th Avenue Wheat Ridge, CO 80033 5.02 Amendment. This Agreement may be amended only in writing and following the same fonnality as the execution of this Agreement. TMI3-00896 4 5.03 Integration. The Parties acknowledge that this Agreement constitutes the sole agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 5.04 Indemnification. To the extent permitted by law, each party agrees to indemnify, defend and hold harmless the other party, its agents, officers and employees from any and all losses, costs (including attorney's fees and court costs), demands or actions arising out of or related to any actions, errors or omissions relating to the duties and responsibilities of the indemnifying party in the conduct of the Election. 5.05 Conflict of Agreement with Law, Impairment. In the event that any provision in this Agreement conflicts with the Code, other statute or valid prior resolution duly adopted by the governing body of the Jurisdiction, this Agreement shall be modified to conform to such law or resolution. No subsequent resolution of the governing body of the Jurisdiction shall impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other party to this Agreement. 5.06 Time of Essence. Time is of the essence of this Agreement. The statutory time requirements of the Code shall apply to completion of the tasks required by this Agreement. IN WITNESS WHEREOF, the Parties hereto have signed this Agreement. ATTEST: APPROVED AS TO FORM: David R. Wunderlich Assistant County Attorney ATTEST: Janelle Shaver, City Clerk TM13-00896 CLERK AND RECORDER OF THE COUNTY OF JEFFERSON STATE OF COLORADO By ____________________ ___ Pamela Y. Anderson Date ___________________ _ JURISDICTION: By ________________________ _ Name/Title Jerry DiTullio, Mayor Date August 26, 2013 5 EXHIBIT "A" EXAMPLE ONLY OF HOW THIS FORMULA WILL BE APPLIED. For purposes of this example, this sheet illustrates how a TABOR mailing costing $50,000 would be apportioned. Jurisdiction A B c D % Households 40 0 (Spec. Dist. Forming) 35 20 Jurisdiction pays base cost of $100 per issue and $50 per page and partial page used: Jurisdiction A B c D #Issues 1 @$ 100 5 @$ 500 2 @$ 200 3 @$ 300 $1100 Total cost ofT ABOR mailing $50,000 -$2600 Base Cost $47,400 Pages Used 12 @$ 600 6 @$ 300 6 @$ 300 6 @$ 300 $1500 #Issues 1 5 2 3 Base Cost $700 $800 $500 $600 $2600 Determine weighted average factors by multiplying the percentage of registered voter households by the number of issues: Jurisdiction % Households X #Issues A 40 1 B 0 5 c 35 2 D 20 3 $47,400 left to apportion by utilizing weighting factors: Jurisdiction A B c D JURISDICTION TOTAL COST: TMI3·00896 40 divided by 170 x $47,400 0 divided by 170 x $47,400 70 divided by 170 x $47,400 60 divided by 170 x $47,400 = = = = = 40 0 70 60 170 $11,152.94 0 $19,517.65 $16,729.41 $47,400.00 6 Jurisdiction Base + Weighted Share = Jurisdiction Cost Share Total A $700 $11,152.94 $11,852.94 B $800 0 $ 800.00 c $500 $19,517.65 $20,017.65 D $600 ~16,729.41 ~17,329.41 $2600 $47,400.00 $50,000.00 M :Eiection/Electionfrabor/Exhibit A for !GAs. doc Revised 8125 /03 TMI3·00896 7