Stuart C. Nathan< Monday, November 13, :35 AM. council; John Dresser; Rhonda Coxon; Clint Kinney

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1 Rhonda Coxon From: Sent: To: Cc: Subject: Stuart C. Nathan< Monday, November 13, :35 AM council; John Dresser; Rhonda Coxon; Clint Kinney Patricia Jayne Keefer; Bruce Smith GID Public Comments for 4 PM today Dear GID Board Members and Town of Snowmass Village Council Members and TOSV Staff Members, As the President of the Hayden Lodge HomeOwner Association, a member of the Board of Directors of the Base Village Master Association and the owner of residential units in Base Village in both the Hayden Lodge and the Capital Peak Lodge, I concur and join in supporting the thoughts and concepts expressed in the below s sent to you by both Pat Keefer and Bruce Smith dealing with the GiD and the Skycab. I am very hopeful, on behalf of all current Base Village residential owners, that you will understand and realize this very sorry situation and take immediate steps to correct the unfairness and inequity that is being caused by how the GID and Skycab situation is being handled. Respectfully, Stuart C. Nathan From: Patricia Jayne Keefer[ pjkeefer@gmail. com] Sent: Monday, November 13, : 15 AM To: Council; John Dresser; Rhonda Coxon; Clint Kinney Subject: GID Public Comments for 4 PM today Dear GID Board/ Town Council and Staff, Thank you again for your gracious attention and empathy with where BV residential owners are today from a tax and fee view. Our preference would be to make these comments in person; but in contrast to past years, the annual GID meeting is being held prior to ski season. We ask that TOSV record and post video of the meeting as TOSV does for all other public Council meetings. As we have done in the past, we protest the inequitable taxation of Base Village owners by TOSV with the General Improvement District taxes. We suggest that the big driver behind SkyCab, Snowmass Tourism, pay for SkyCab and TOSV pay for the Snowmelt used by the entire community. The budgetary impact is negligible for TOSV and less than 5% for Tourism. Here is why. We ask that the Board read and strongly consider the State of Colorado design for Improvement Districts; in particular, with respect to the' assessing costs to all benefiting parties'. Today that is not the case. All benefiting parties are not assessed. By the time all benefiting parties are assessed, it would seem to be simpler to absorb the cost of the public use facilities by TOSV and Tourism at large and dissolve GID. 1

2 Other options would be to make Skittles self- supporting with a fee- for-service approach so that GID' s income is derived solely from providing this service instead of taxing a small group of property owners. We' re flexible; anything that takes GID mil levy to zero is fine with us. Base Village residential owners are happy to pay our fair share - we do not believe it is equitable to pay nearly all of Skittles non- ski hour operations, public road snowmelt etc. As was discussed at the last GID meeting, there is zero representation by taxpayers. While Attorney Dresser spoke about why this is legal, it doesn' t make it right. I' m sure England had the legal authority to tax the colonists but that didn' t make it right and we all know how that turned out. It was residential owner Joe Flynn that found the State of Colorado Local Government Handbook prepared by the Colorado Legislative Staff. Page 45 talks about the differences between a Special Tax district like the Base Village Metro District which are designed to exist indefinitely and a General Improvement District which is designed to be temporary. Let me read page 45 pertinent passages- " improvement districts [ are} formed by municipalities to provide certain amenities, like sidewalks. Unlike improvement districts, special districts may exist indefinitely while improvement districts [ like GID] are typically dissolved once the improvement is complete and any debt incurred is paid off. For example, improvement districts ( formed by municipalities) provide an amenity in a localized area, and the costs of the improvements are assessed directly against the benefiting property owners. The city council serves as the governing body of an improvement district, and the district typically dissolves as soon as any debt incurred by the municipality on behalf of the district is paid off." So, with that as the State of Colorado' s design for GIDs, Skittles and snowmelt is built, the GID has no debt and should be dissolved. Right now we see GID as a tax to the max program. Why else would it have a provision to raise taxes, not because the tax increase is needed, but because the Metro bonds are paid off? What' s up with that? We see the GID operating just like any other department at TOSV. The GID functions should become a part of the regular TOSV budget and GID should be dissolved. In addition, the State clearly says the " improvement districts provide a particular amenity in a localized area, and the costs of the improvements are assessed directly against the benefiting property owners" That isn' t happening either. 250 Base Village property owners are operating facilities that benefit a whole bunch of property owners that were and are not assessed. This is wrong and the gives a second reason the GID should be dissolved. We know this GID Board did not create this mess. We do expect this Board to take the action to dissolve the GID today and not process the paperwork to instruct Pitkin County to solely assess 250 Base Village owners 2017 GID taxes to support facilities from which everyone benefits. Thank you for your continued Public Service. See comments from Bruce Smith below. Wishing You Blue Skies and Tailwinds', Pat Patricia Jayne ( Pat) Keefer A reluctant, but by necessity, Base Village Activist Base Village Liaison for Capitol Peak HOA Board, Hayden HOA Board Base Village Liaison for Viceroy/ Assay Hill Residential HOA Board Member Round the World Air Race Gold Medalist - 24 days 2

3 TM of Tailwinds.com For the record, I am Bruce Smith, 110 Carriage Way. Base Village continues to be a mess of extra taxes and fees without commensurate representation. The Capitol Peak Board has asked retired Board member, Pat Keefer to act as our liaison in these matters so when you see her, know that she has the backing of all the residential Board members. Capitol Peak owners provide more GID income from privately owned properties than any other group in Base Village. As such, we invited the GID Chair to speak to our Annual Owners meeting on December 5, The GID Chair was unable to attend. Neither did any of the other 4 GID Board members or any of the 3 Advisory Board GID members. Other groups we invited to our Annual Meeting sent representation, but not GID. I' m here to tell you, it is not OK to ignore your taxpayers. The Base Village, to include this GID, has been built using special tax districts. Although TOSV' s Town Council authorized these Special Tax Districts, to include the resultant Intergovernmental Agreement, unfortunately, we as BV residential owners, have no say or representation in these Districts. Remember, BV residential property owners pay taxes at the rate of 211% vs. all other TOSV property owners that pay property taxes at the rate of 100% [with BVCo HOA fees adding another 100%]. You want our money, but apparently do not want us to be represented. ( This is not the first time I' ve made these comments) Taxation without representation has never been right, not when our country was founded and certainly not now. I find it personally offensive that TOSV continues to treat it guests, property owners and tax payers this way. Other residential owners have made similar but repetitive comments. 3

4 Rhonda Coxon From: Sent: To: Subject: Patricia Jayne Keefer < Monday, November 13, : 15 AM council; John Dresser; Rhonda Coxon; Clint Kinney GID Public Comments for 4 PM today Dear GID Board/ Town Council and Staff, Thank you again for your gracious attention and empathy with where BV residential owners are today from a tax and fee view. Our preference would be to make these comments in person; but in contrast to past years, the annual GID meeting is being held prior to ski season. We ask that TOSV record and post video of the meeting as TOSV does for all other public Council meetings. As we have done in the past, we protest the inequitable taxation of Base Village owners by TOSV with the General Improvement District taxes. We suggest that the big driver behind SkyCab, Snowmass Tourism, pay for SkyCab and TOSV pay for the Snowmelt used by the entire community. The budgetary impact is negligible for TOSV and less than 5% for Tourism. Here is why. We ask that the Board read and strongly consider the State of Colorado design for Improvement Districts; in particular, with respect to the ' assessing costs to all benefiting parties'. Today that is not the case. All benefiting parties are not assessed. By the time all benefiting parties are assessed, it would seem to be simpler to absorb the cost of the public use facilities by TOSV and Tourism at large and dissolve GID. Other options would be to make Skittles self- supporting with a fee- for-service approach so that GID' s income is derived solely from providing this service instead of taxing a small group of property owners. We' re flexible; anything that takes GID mil levy to zero is fine with us. Base Village residential owners are happy to pay our fair share- we do not believe it is equitable to pay nearly all of Skittles non- ski hour operations, public road snowmelt etc. As was discussed at the last GID meeting, there is zero representation by taxpayers. While Attorney Dresser spoke about why this is legal, it doesn' t make it right. I' m sure England had the legal authority to tax the colonists but that didn' t make it right and we all know how that turned out. It was residential owner Joe Flynn that found the State of Colorado Local Government Handbook prepared by the Colorado Legislative Staff. Page 45 talks about the differences between a Special Tax district like the Base Village Metro District which are designed to exist indefinitely and a General Improvement District which is designed to be temporary. Let me read page 45 pertinent passages - improvement districts [are) formed by municipalities to provide certain amenities, like sidewalks. Unlike improvement districts, special districts may exist indefinitely while improvement districts [ like GID] are typically dissolved once the improvement is complete and any debt incurred is paid off. For example, improvement districts (formed by municipalities) provide an amenity in a localized area, and the costs of the improvements are assessed directly against the benefiting property owners. The city council serves as the governing body of an improvement district, and the district typically dissolves as soon as any debt incurred by the municipality on behalf of the district is paid off." So, with that as the State of Colorado' s design for GIDs, Skittles and snowmelt is built, the GID has no debt and should be dissolved. 1

5 Right now we see GID as a tax to the max program. Why else would it have a provision to raise taxes, not because the tax increase is needed, but because the Metro bonds are paid off? What's up with that? We see the GID operating just like any other department at TOSV. The GID functions should become a part of the regular TOSV budget and GID should be dissolved. In addition, the State clearly says the " improvement districts provide a particular amenity in a localized area, and the costs of the improvements are assessed directly against the benefiting property owners" That isn' t happening either. 250 Base Village property owners are operating facilities that benefit a whole bunch of property owners that were and are not assessed. This is wrong and the gives a second reason the GID should be dissolved. We know this GID Board did not create this mess. We do expect this Board to take the action to dissolve the GID today and not process the paperwork to instruct Pitkin County to solely assess 250 Base Village owners 2017 GID taxes to support facilities from which everyone benefits. Thank you for your continued Public Service. See comments from Bruce Smith below. Wishing You Blue Skies and Tailwinds'', Pat Patricia Jayne ( Pat) Keefer A reluctant, but by necessity, Base Village Activist Base Village Liaison for Capitol Peak HOA Board, Hayden HOA Board Base Village Liaison for Viceroy/ Assay Hill Residential HOA Board Member Round the World Air Race Gold Medalist- 24 days TM of Tailwinds. com For the record, I am Bruce Smith, 110 Carriage Way. Base Village continues to be a mess of extra taxes and fees without commensurate representation. The Capitol Peak Board has asked retired Board member, Pat Keefer to act as our liaison in these matters so when you see her, know that she has the backing of all the residential Board members. Capitol Peak owners provide more GID income from privately owned properties than any other group in Base Village. As such, we invited the GID Chair to speak to our Annual Owners meeting on December 5, The GID Chair was unable to attend. Neither did any of the other 4 GID Board members or any of the 3 Advisory Board GID members. Other groups we invited to our Annual Meeting sent representation, but not GID. I' m here to tell you, it is not OK to ignore your taxpayers. The Base Village, to include this GID, has been built using special tax districts. Although TOSV's Town Council authorized these Special Tax Districts, to include the resultant Intergovernmental Agreement, unfortunately, we as BV residential owners, have no say or representation in these Districts. Remember, BV residential property owners pay taxes at the rate of 211% vs. all other TOSV property owners that pay property taxes at the rate of 100% with BVCo HOA fees adding another 100%]. You want our money, but apparently do not want 2

6 us to be represented. ( This is not the first time I' ve made these comments) Taxation without representation has never been right, not when our country was founded and certainly not now. I find it personally offensive that TOSV continues to treat it guests, property owners and tax payers this way. Other residential owners have made similar but repetitive comments. 3