HomeMy WebLinkAboutPACKET Town Board 2019-09-10The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, September 10, 2019
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
SWEARING-IN CEREMONY.
Trustee Eric Blackhurst to serve the remainder of Recalled Mayor Pro Tem Cody
Rex Walker’s Term expiring April 2020.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated August 27, 2019 and Town Board Study Session Minutes
dated August 27, 2019.
3.Board of Appeals Minutes dated May 9, 2019 (acknowledgment only).
4.Family Advisory Board Minutes dated August 1, 2019 (acknowledgement only).
5. Consultant Contract for 2019 Facilities Master Plan with Studio Architecture, LLC for
$180,000 (budgeted).
6.Resolution 27-19 Lease a Portion of 1180 Woodstock Drive to KREV-LP.
7. Resolution 28-19 Lease a Portion of 1180 Woodstock Drive to Peak Broadband, Inc.
ACTION ITEMS:
1.MAYOR PRO TEM. Mayor Jirsa.
Board to nominate and appoint Mayor Pro Tem.
2.RESOLUTION 29-19 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director
Hudson.
Re-allocation of funding for the Facilities Need Study and acquisition/start-up of the
Police Department Canine Unit.
Prepared 08-30-2019
*Revised 09-06-2019
*
*
1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
3. INITIATED ORDINANCE PETITION – TO PERMIT THE OPERATION OF
MARIJUANA FACILITIES WITHIN TOWN LIMITS. Town Clerk Williamson.
Town Clerk to present the citizen-initiated ordinance petition. Per state statute the
Board must adopt the ordinance as presented or set a special election.
REPORT & DISCUSSION ITEMS:
1. STRUCTURE OF JOINT TOWN BOARD/COUNTY COMMISSION MEETING ON
SEPTEMBER 30, 2019. Director Hunt.
ADJOURN.
2
Town of Estes Park, Larimer County, Colorado, August 27, 2019
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 27th day of August, 2019.
Present: Todd Jirsa, Mayor
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Travis Machalek, Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: Cody Rex Walker, Mayor Pro Tem
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Norris/Cenac) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Cathy Alpert/Town citizen and Chair of the Community Recycling Committee spoke
regarding the effects of the Residential Recycling Center and the glass only recycling.
She requested the Town consider covering funds for the glass only recycling as part of
the 2020 budget following the depletion of current funds.
Mayor Jirsa requested the Community Recycling Committee speak with Town
Administrator Machalek regarding the funding request.
TOWN BOARD COMMENTS
Trustee Norris stated the next Joint Study Session with the Larimer County Board of
County Commissioners has been scheduled for September 30, 2019 to continue public
input of the Intergovernmental Agreement on Estes Valley land use. He stated the Estes
Valley Planning Commission met August 20, 2019 and approved a change to the Alarado
Business Park development plan.
Trustee Zornes attended the Open Lands Advisory Board meeting August 22, 2019 and
the Estes Valley Land Trust breakfast on August 24, 2019.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated August 13, 2019 and Editor’s Not to the Town Board
Minutes dated June 25, 2019 regarding Action Item 4 – Ordinance 15-19.
3. Estes Valley Planning Commission Minutes dated July 16, 2019 and Study
Session Minutes dated July 16, 2019 (acknowledgement only).
4. Transportation Advisory Board Minutes dated June 19, 2019 (acknowledgement
only).
5. Parks Advisory Board Minutes dated July 18, 2019 (acknowledgement only).
6. Approval of the Colorado Parks and Wildlife Recreational Trails Program Grant
Agreement for Fall River Trail Construction.
7. Estes Valley Board of Adjustment Appointment of Francis (Joe) Holtzman for a
term expiring February 28, 2022.DRAFT3
Board of Trustees – August 27, 2019 – Page 2
8. Ratification of the intergovernmental Agreement with CDOT for 2019 Elkstang
Bustang Service.
It was moved and seconded (Bangs/Zornes) to approve the Consent Agenda, and
it passed unanimously.
REPORTS AND DISCUSSION ITEMS; (Outside Entities).
1. BRIEFING ON LARIMER COUNTY TRANSPORTATION AND FACILITIES
INITIATIVE. Commissioner Kefalas made introductory remarks and stated the
Board of County Commissioners approved a resolution to refer the proposed
increase to the county sales and use tax to voters in November 2019. Manager
Hoffman provided information on the current transportation needs, steps the
county has already taken, and additional steps the county plans to take should the
tax pass. She highlighted the regional cost of housing, facility needs as displayed
in the County Facilities Master Plan, stretched resources, the regional economy,
and the regional effort which was initiated in 2018. The Board discussed a
resolution of support for the tax measure and determined a resolution would be
brought forward to a future Town Board meeting.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT
CODE REGARDING THE “PARK AND RECREATION FACILITIES” USE
REVISING THE DEFINITION, REVISING THE PERMITTED USE TABLES,
AND ADDING SPECIFIC USE STANDARDS. Mayor Jirsa opened the public
hearing and Director Hunt presented Ordinance 05-19 and provided an
overview of the history of the code amendment. Following previous Board
direction, revisions were made regarding private park and recreation facilities,
specifically removing hunting and overnight camping as allowed uses. Staff
recommended approval of the most recent Exhibit A[Violet] generated as a
compromise to previous drafted code amendments. The Board discussed
protecting the integrity of neighborhoods and grandfathering of existing public
recreation facilities.
Richard Ralph/Town citizen and Frank Theis/County citizen spoke in favor of
Exhibit A[Red] regarding the need for a clean development code, the initial
direction of the proposed code amendment, and community trust in the Town
Board.
Mayor Jirsa closed the public hearing and the Board discussed staff’s
reasoning for the current recommendation, limiting recreational activities by
parcel, prohibiting night time recreational activities, and setting a six-month
review of the code change. Mayor Jirsa and Trustees Bangs and Cenac spoke
in favor of Exhibit A[Violet] citing compromise, clarity, benefits of special
reviews to allow discretion, and historical interests and activities of the town.
Trustee Zornes spoke in favor of Exhibit A[Red] citing community support.
Substitute motion. It was moved and seconded (Zornes/Norris) to approve
Ordinance 05-19 with Exhibit A[Red] as originally presented, and it failed
with Mayor Jirsa and Trustees Bangs and Cenac voting “No’.
It was moved and seconded (Bangs/Cenac) to approve Ordinance 05-19
substituting Exhibit A[Violet] for the exhibit originally presented. and it
passed with Trustee Zornes voting “No”.
B. SPECIAL REVIEW, SR 19-02 ESTES PARK CHALET EVENT FACILITY,
2625 MARYS LAKE ROAD, MARYS LAKE LODGE HOTEL OWNERS
ASSOCIATION, REPRESENTED BY ML PROPERTIES, LLC, MORGAN
MULCH. Trustee Bangs recused herself. Mayor Jirsa opened the public DRAFT4
Board of Trustees – August 27, 2019 – Page 3
hearing and Planner Woeber presented the S1 Special Review of the Estes
Park Chalet Event Facility, which would consist of 3891 square feet, providing
a lounge area and outdoor venue for up to 200 guests. Staff sought review
from various agencies and recommended the approval of the S1 Special
Review. Mayor Jirsa closed the public hearing. It was moved and seconded
(Norris/Zornes) to approve the Special Review application for the Estes
Park Chalet Event Facility, and it passed unanimously with Trustee Bangs
“abstaining”.
ACTION ITEMS:
1. ACCEPT DELIVERY OF THE AUDITED FINANCIAL STATEMENTS FOR THE
YEAR ENDING DECEMBER 31, 2018. Director Hudson and Randy Watkins of
ACM presented the audited financial statements for the year ending December 31,
2018. They highlighted the auditing processes and standards, findings of
compliance, increases and decreases in revenues, expenses and changes in net
position, and enterprise funds. It was moved and seconded (Martchink/Cenac)
to accept the Audited Financial Statements for the year ending December 31,
2018, and it passed unanimously.
2. APPOINTMENT OF ACM, LLP TO PERFORM THE AUDIT FOR THE YEAR
ENDING ON DECEMBER 31, 2019. Director Hudson presented the appointment
of ACM, LLP to perform the audit for the year ending December 31, 2019. He
stated ACM, LLP has performed the 2017 and 2018 Comprehensive Annual
Financial Report (CAFR) and the re-appointment to perform the 2019 CAFR would
be the third year of a five year engagement. It was moved and seconded
(Martchink/Norris) to appoint ACM, LLP to perform the audit for the year
ending December 31, 2019, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:46 p.m.
Todd Jirsa, Mayor
Kimberly Disney, Recording Secretary DRAFT5
Town of Estes Park, Larimer County, Colorado August 27, 2019
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Rooms 202/203 in said Town of Estes Park on the 27th day of August 2019.
Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Attending: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Also Attending: Town Administrator Machalek, Town Attorney Kramer, Town
Prosecutor Rocklin, Municipal Judge Thrower and Recording
Secretary Beers
Absent: None
Mayor Jirsa called the meeting to order at 5:45 p.m.
UPDATE DISCUSSION WITH TOWN PROSECUTOR, AND MUNICIPAL JUDGE.
Judge Thrower reviewed changes to municipal court. Court settings changed from two
nights monthly to the first Wednesday of the month during the morning. Arraignments
begin at 9:30 a.m. or 1:30 p.m. and trials are scheduled around the arraignment
dockets. He stated the fine schedule was simplified and updated. Fines for traffic
violations are based upon the number of points associated with the allegation and
whether the defendant had previous violations in the past twelve months. Sentences for
criminal matters include fines, education and self-supervised probation which have
proven successful. He stated the importance for having an attorney review cases
brought to the Judge. Avi Rocklin was hired as Prosecuting Attorney in August 2018. He
stated the hiring of a prosecuting attorney removes prosecutorial burden from the Police
Department and allow an attorney to oversee cases which are charged into court. The
Judge meets with Police Department staff regarding procedural matters, process and
best practices. He stated there have been many legislative changes related to municipal
courts including, prohibitions on pay and serve warrants, the necessity of counsel for
defendants in custody at first appearances, changes to warrant language, and instituting
personal recognizance bonds. He commended the Municipal Court Clerk, Prosecuting
Attorney and the Estes Valley Restorative Justice Partnership. He identified issues
which may affect municipal court in the future. Estes Park is a decriminalized jurisdiction
meaning jail is not a possible penalty for violations of the municipal code. He stated
there may be a need to appoint defense counsel for certain cases. State Statute
requires oversight, other than that of the municipal judge, for all court appointed
counsel. Therefore, he recommended the Board consider the State Office of Alternative
Defense Counsel (OADC) be the organization which approves any court appointed
counsel. He stated the OADC serves this role in all his jurisdictions. He estimated the
cost for counsel at approximately $750 per case. He requested the ability to allocate
funds from court education in the Municipal Court fund be applied toward defense
counsel when required. The Board requested staff review the budget for costs
associated with retaining OADC and appointing defense counsel.
SEMI-ANNUAL COMPLIANCE REVIEW WITH BOARD GOVERNING POLICIES –
POLICY 1.10 SELF-MONITORING OF THE BOARD. The Board was in consensus to
discuss any compliance issues as a group publicly to remain transparent.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Trustee Norris requested staff provide the Board with information on a citizen concern
related to grading work on Lot 4, Stanley which may have been completed without a
permit. DRAFT6
Town Board Study Session – August 27, 2019 – Page 2
Trustee Cenac requested follow up to an unanswered question presented at the August
13, 2019 regular meeting related to final approval of development plans.
Administrator Machalek stated a meeting would be held September 18, 2019 with
Larimer County, the Cities of Johnstown and Loveland and requested topics or issues to
add to the agenda. No topics were discussed.
The Board requested more information related to the agenda and discussion items for
the Joint Meeting with Larimer County to be held on September 30, 2019.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
The Board moved the Housing Authority Project on Highway 7 – Part II discussion to
the September 10, 2019 meeting. The Review of Board Compensation for 2020 was
added to the October 8, 2019 meeting. The Report of SafeBuilt Report/Building Division
was added to the October 22, 2019 meeting to include attendance and input from the
Building Advisory Committee. An overview on process for paid parking was scheduled
for the September 24, 2019 with a full presentation of results and recommendations on
October 8, 2019. A discussion on the decriminalized code was added to items approved
– unscheduled.
Discussion ensued regarding the acquisition of two business properties which are
affected by the Downtown Estes Loop. Staff stated both businesses are in active
negotiations for relocation. Board comments have been summarized: should the Town
discuss the two properties; an overview of CDOT’s process should be reviewed with the
public; understanding the sensitivity related to the project and the affected businesses;
and avoiding discussing a single property when there are two businesses impacted by
the project. The Board was in agreement to further discuss the acquisition process
during the Downtown Estes Loop Project Update to beheld during the September 10,
2019 study session.
Administrator Machalek stated the Town Administrator had previously served on the
CML Policy Committee and have requested he retain the position. He requested Board
feedback on the position. The position on the committee was supported by the Board
and would be further discussed during the September 10, 2019 Administrator Report.
There being no further business, Mayor Jirsa adjourned the meeting at 6:29 p.m.
Bunny Victoria Beers, Recording Secretary DRAFT7
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RRECORD OF PROCEEDINGS
Estes Park Board of Appeals 1
May 9, 2019 Board Room, Estes Park Town Hall
Commission: Chair Joe Calvin, Amy Plummer, Brad Klein, Don Darling, Tony Schiaffo
Attending: Members Calvin, Plummer, Klein, Darling
Also Attending: Interim Chief Building Official Randy Hunt, Code Compliance Officer Hardin,
Building Plans Examiner Charlie Phillips, Recording Secretary Karin Swanlund
Absent: Schiaffo
Chair Calvin called the meeting to order at 4:00 p.m. Board members introduced themselves and
provided their area of expertise.
APPROVAL OF AGENDA:
It was moved and seconded (Plummer/Klein) to approve the agenda as presented and the motion
passed 4-0.
CONSENT AGENDA
Minutes from May 2, 2019
It was moved and seconded (Klein/Plummer) to approve the minutes as presented and the motion
passed 3-0, with Darling abstaining.
PUBLIC COMMENT:
None
PURPOSE OF MEETING
The Board of Appeals meets as needed regarding matters of the Town of Estes Park’s Division of
Building Safety. They are not a decision-making board but act as a Recommending Body to the Town
Board. They assist with the adoption of the new International Building Codes and local amendments
to those codes.
VACATION HOME LIFE SAFETY SURVEY (LSS) APPEAL, 140 Willowstone Drive
continued from May 2, 2019
Code Compliance Officer Hardin reviewed the appeal as presented in the staff report. The owner did
not get his Life Safety Survey application in by the March 31 deadline, thereby making his Vacation
Home registration unable to be renewed. He has continued to rent his vacation home. Greg Rosener,
representative for the owner, could not be here today, nor could the owner. The property manager
did not show up. This appeal was continued to today due to the owner and representative not being
present on May 2.
Board/Staff Discussion:
Comments are summarized:
The email address could have been better inspected, therefore Mr. Lee would have received his
notifications. This meeting was a special meeting called on behalf of the applicant. There are
currently 30 applications on the Vacation Home waitlist. This property will go to the end of the list if
the appeal is denied. This process is relatively new, not yet “habit”. The property owner should have
been aware of both the Vacation Home registration and the Life Safety Survey deadline, with or
without any notifications. There would be a different feeling if a representative was in attendance.
The owner had at least 3 weeks to get a representative to the May 2 meeting. Granting a stay to this
request sets a precedent for future cases.
It was moved and seconded (Darling/Klein) to deny the appeal and uphold the decision of the Chief
Building Official and the motion passed 4-0.
DISCUSSION: CONSTRUCTION WITHOUT A PERMIT
continued from May 2, 2019
Building Plans Examiner Charlie Phillips explained the process of work done without a permit, but with
plans and a finished project. Current policy is to do some demolition in order to inspect the work that 9
RRECORD OF PROCEEDINGS
Estes Park Board of Appeals 2
May 9, 2019 Board Room, Estes Park Town Hall
has been done. Larimer County has had a procedure for situations like this since 1999, known as a
Certificate of Observable Compliance; if the homeowner chooses, they can hire professionals to
document and approve what was built without permits, per current codes, and the permit is issued.
Having this procedure available would lighten the workload for the Building Department. This is a
Policy change, not a Code Amendment for Larimer County.
Board Discussion:
Darling stated he has been involved with the Larimer County process and it has worked well. If the
professional is not able to approve, they will not sign the certificate. Hunt stated he does not object
to the policy change. 80-90% of homes in Larimer County have done work without a permit. This
process has been used successfully on the vast majority of these cases. Hunt suggested bringing this
back to the Board later in the year as a possible Code Amendment.
Board Member Tony Shiaffo’s seat is open for a new member, preferably a Plumbing specialist.
There being no additional business, the meeting was adjourned at 4:51 p.m.
___________________________________
Joe Calvin, Chair
___________________________________
Karin Swanlund, Recording Secretary
10
Town of Estes Park, Larimer County, Colorado, August 1, 2019
Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Room 203 of the Estes Park Town Hall,
on the 1st day of August, 2019.
Present: Laurie Dale Marshall
Michael Moon
Jodi Roman
Karen Randinitis
Nancy Almond
Christy DeLorme
Sue Strom
Also Present: Ron Norris, Town Board Liaison
Travis Machalek, Assistant Town Administrator
Suzanna Simpson, Recording Secretary
Absent: John Bryant
Rachel Balduzzi
Guests: Jon Nicholas, Estes Park Economic Development Corporation
Adam Shake, Estes Park Economic Development Corporation
Claire Bouchard, United Way of Larimer County
Grant Stump, United Way of Larimer County
Katherine Chu, Communities That Care
Chair Dale Marshall called the meeting to order at 3:30 p.m.
PUBLIC COMMENTS:
None
WELCOME NEW BOARD MEMBERS:
On behalf of the Family Advisory Board, Chair Dale Marshall welcomed returning board
member Sue Strom and new member Christy DeLorme.
ESTES PARK EDC AVALANCHE REPORT UPDATE:
Jon Nicholas provided an update on the Avalanche Report from 2015. Through a grant,
Avalanche Consulting helped create the Economic Strategy Report in 2015. Partnerships
were identified as a key component, as work across organizations helped to obtain
greater community alignment. Earlier this year, the Estes Park EDC held four stakeholder
meetings on four different themes. This information was provided to Avalanche to update
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Family Advisory Board – August 1, 2019 – Page 2
the report and ensure that it was a working document which helped to foster discussion
and capture efforts and successes. Statistics obtained show that there is record low
unemployment, progress on workforce housing projects, the median age is increasing,
housing prices are rising, the number of seasonal recreation homes is increasing, and the
Estes Valley is losing talents through young families leaving the area. Development code
issues and workforce housing remain key priorities. Member Randinitis mentioned the
positive impact that a college in Leadville had on the community, specifically how it helped
provide amenities for the younger population and wondered if pursuing higher education
in Estes Park had been considered. Jon responded that in the original report, professional
services, including education, was identified as one of the industry clusters to pursue.
Also, the University of Northern Colorado owns Old Man Mountain and there have been
discussions around the future of that campus. Chair Dale Marshall would like the Family
Advisory Board to be kept updated on any changes to the status of the campus. The
board discussed vocational efforts by the school district through programs like
CareerWise and how they may contribute to keeping youth in the community once they
graduate.
COMMUNITIES THAT CARE COALITION UPDATE
Katherine Chu provided an update on the Communities that Care Coalition. They are
working on primary prevention at community and systems level and building public
support for quality childcare early in life, building public support for social and emotional
learning, working on building public support for a substance use ordinance and support
for additional prescription drop-off locations, placed strategically around town. They are
also working on how to implement strategies and determining allowances in funding.
Katherine has offered assistance to the Family Advisory Board when developing the
Family Portraits. Member Moon stated that one of the primary challenges in collecting
data is the inclusion of front range/Fort Collins in most big data sets. Chair Dale Marshall
was recently introduced to someone working on gathering data specific to Estes Park and
she is planning to invite him to a Family Advisory Board meeting. Member DeLorme asked
if he may have suggestions for how to get more participation from the Hispanic community
as they are currently reluctant to even sign documents for the Family Resource Center.
They have provided bilingual teachers to explain the process and confidentiality involved,
but they still do not want to participate. There was discussion on relationship-building and
data gathering with this portion of the community. A lack of trust exists due to national
conversations around immigration and Census data collection methods. Member Moon
stated that he feels this is significant enough of an issue to bring to the Town Trustees.
Without this information on our Hispanic community in the Census we cannot get
resources to support them. There was suggestion of hosting a “Census Night” with
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Family Advisory Board – August 1, 2019 – Page 3
childcare and dinner provided to help anyone with concerns fill out their forms. Trustee
Norris recommends that United Way or other community groups sponsor this instead of
a government organization like the Town. The Town’s Public Information Officer Kate
Rusch is part of the committee working on the efforts through the Department of Local
Affairs and will bring the information to the Town Board. Adam Shake mentioned that he
has data from the Business Expansion and Retention surveys that he conducts with local
businesses. The identification of the business is confidential and will not be provided, but
there are other data points that could be useful to the Family Advisory Board. Trustee
Norris would like to see a sample. Member Moon stated that it will be interesting to have
workforce data for the Family Portraits. Chair Dale Marshall will follow up with Adam
directly.
Because of the broad community representation on the Communities that Care Coalition,
Trustee Norris wants to be sure to share any linkage that is relevant to the Family Advisory
Board with staff and Trustees.
Katherine announced that they are holding a community engagement event on Oct. 16
from 1 p.m. to 4:30 p.m. More details to come.
TRUSTEE LIAISON REPORT:
The 2020 strategic plan emphasized making more and better decisions based on good
data. Anything that the Family Advisory Board or the Estes Park EDC can do to help
obtain good data is appreciated as that will be used to develop the criteria used for priority
decisions.
The preliminary plat for the Wildfire Development was approved. The Estes Valley
Planning Commission is reviewing the development plan next month.
During the recent Colorado Municipal League meeting, Ron had a chance to speak with
the regional director of Department of Local Affairs. He said that the state is emphasizing
early childhood education and housing of all kinds. He was able to talk to him about the
Town’s Childcare and Housing Task Force and said that he was quite interested. He plans
to invite him to come to Estes Park and talk with the community about their efforts around
housing and childcare. Ron feels that discussions should also be held with the Family
Advisory Board members.
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Family Advisory Board – August 1, 2019 – Page 4
APPROVAL OF JULY MINUTES:
It was moved and seconded (Moon/Randinitis) to approve the July special meeting
minutes and the motion passed unanimously.
GENERAL ANNOUNCEMENTS
Member Roman received positive feedback from the realtors who were provided with the
Community Resource Guide. She also wanted to give kudos to the police department in
a recent mental health effort, as a mother she knows has had positive experiences with
how they interact with her son. Trustee Norris added that he has also heard positive
feedback around our community policing efforts. Member Roman reached out to Salud
regarding support groups for those who suffer from chronic pain – they are in the
beginning phases of starting that group. There was significant group discussion around
mental health concerns and the impact on the community, specifically around the lack of
resources and awareness. Trustee Norris mentioned the County’s Behavioral Health
initiatives and the upcoming grant opportunities. These are available only to nonprofits,
not government agencies. The deadline to apply is August 29. Assistant Town
Administrator Machalek pointed out that one significant issue facing the community in
terms of mental health is the absence of a nonprofit dedicated to mental health. This
discussion is applicable to the Family Advisory Board because it is a barrier to family
success. Adam Shake asked if there was data specific to veterans in the community.
Chair Dale Marshall would like to include that in the Family Portraits.
PRESENTATION & DISCUSSION OF DRAFT INTERVIEW QUESTIONS FOR
CREATION OF FAMILY PORTRAITS:
Chair Dale Marshall presented the draft questions created by her and Vice-Chair
Balduzzi. The primary goal was to formulate questions that can be adapted to the multiple
stakeholder groups the Family Portraits are attempting to cover and to focus on the main
discussion points of community character and surviving versus thriving.
Following discussion with the board, the draft questions are:
1. Do you experience barriers to family success in Estes Park? If so, what are they?
2. What exists in the community that supports your family success?
3. What does your family need to thrive in Estes Park?
4. How do barriers that you experience cause stress?
Trustee Norris suggests one more open-ended question – such as “Is there anything else
you want to share?” He will send to his daughter for additional comments.
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Family Advisory Board – August 1, 2019 – Page 5
Chair Dale Marshall will send Executive Assistant Simpson the sheet containing the list
of priorities that were determined and then the questions can be finalized. Trustee Norris
confirmed that the goal is to paint a picture for elected officials, retired citizens or other
segments of the population of what families are dealing with to live here. Chair Dale
Marshall added that the portraits will cover a variety of family types, not just a service
industry employee who is single as an example – it could be a two-income family with
college degrees.
OTHER BUSINESS:
Seeing no further business, the meeting was adjourned at 5:09 p.m.
NEXT MEETING
The next meeting of the Family Advisory Board will take place Thursday, September 5 at
3:30 p.m. in room 203 at Town Hall.
Suzanna Simpson, Recording Secretary
15
16
Public Works Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Jon Landkamer, Facilities Manager
Greg Muhonen, Public Works Director
Date: September 10, 2019
RE: Consultant Contract with STUDIO Architecture for 2019 Town of Estes
Park Facilities Master Plan $180,000 (budgeted).
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The goal of the Facilities Master Plan is to address both the immediate and short -term,
as well as the long-term facility needs for the TOEP. This plan will serve as a "road map"
for the future development and operation of all TOEP facilities. The scope of the master
plan is for the next twenty years, with a special emphasis on the next five and ten years.
To this end, the master plan shall:
• Provide a comprehensive document that identifies the building and employee space
needs to aid the TOEP in budgeting, scheduling and administering all major building
renovation and new construction capital projects;
• Assure that all new near-term and mid-term capital building and major renovation
projects are planned in conjunction with, and in su pport of, a long term (20-year)
strategic vision.
Present Situation:
There have been many changes in the Town of Estes Park staffing and service levels
over the last decade. The increased demand for services, along with the addition of new
divisions, has put a strain on the work space available to accomplish our mission. The
Town has been put in a position to make quick decisions on new facilities and/or
renovation of existing spaces. This scattered approach to space planning makes it
difficult for employees to be effective in their jobs, and also adds confusion to our
customers as they may have to go to several different places to address their needs
and get their questions answered. A great deal of effort was put into the Downtown
Plan, and this plan recommends that Town Hall stays downtown. The existing Town
Hall will not support additional increases in staff or services. There is an ongoing
question of “What are we going to do with Town Hall?” Vacant property, in or near
17
downtown is scarce, and it is not likely we would ever be able to afford to purchase land
and build a new Town Hall. Redevelopment of the existing Town Hall property is a very
likely scenario, but how do we do that logistically?
Proposal:
The RFP for this project was first developed with the thought of accomplishing a Space
Needs Assessment. While this information will be valuable, it is only the beginning of
the conversation about ongoing facility needs, development, and redevelopment. The
research for this project pointed us in the direction of taking the next steps and looking
at a full Facilities Master Plan. This project will help us to make better decisions about
facility related capital projects, as well as give us options for funding mechanisms to
help these ideas and recommendations become reality.
Three firms responded to the RFP, and we interviewed all three of them. The interview
team consisted of: Reuben Bergsten, Duane Hudson, Randy Hunt, Eric Rose, and Jon
Landkamer, with input on the written proposals only, by Travis Machalek. The team led
by STUDIO Architecture came out on top as the best fit for our organization.
Advantages:
• Identifies deferred maintenance issues and helps to align those with the budgeting
process
• Considers customer service goals and work flow improvement opportunities
• Energy audit components of this project will assist us with tangible ways to conserve
energy and reduce maintenance demands
• Accessibility to our primary facilities and programs will be evaluated and
recommendations for improvement will assist us with our ADA transition planning
• Identifies funding opportunities and strategies for future implementation
Disadvantages:
• This project will take considerable staff time and commitment for a successful outcome
Action Recommended:
Board support of the selected firm by approval of the proposed contract , budget already
approved.
Finance/Resource Impact:
This projected was budgeted for $100,000, with the additional $80,000 coming from
savings on the Streets/Fleet roof restoration project.
Level of Public Interest
Moderate public interest.
Sample Motion:
I move for the approval/denial of the Professional Services Contract with STUDIO
Architecture in the not-to-exceed amount of $180,000.
Attachments:
Facilities Master Plan RFP
STUDIO Architecture Proposal
Professional Services Contract
18
2019 Town of Estes Park
Facilities Master Plan
Request for Proposal
Public Works Department
Facilities Division
June 7, 2019
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2019 Town of Estes Park Facilities Master Plan
1
Table of Contents
SECTION DESCRIPTION PAGE
1.0 Introduction 2
1.1 Purpose
1.2 Goals
2.0 General Information 2
2.1 Original RFP Document
2.2 Proposal Process
2.3 Schedule of Events
2.4 Town Contact Person
3.0 Scope of Work 3
3.1 Coordination
3.2 Budget
4.0 Proposal Preparation Instructions 5
4.1 Proposal Submission
4.2 Rejection of Proposal
4.3 Submission Address
4.4 Use of Subcontractors
4.5 Award of Contract
4.6 Insurance Requirement for Consultants
4.7 Response Material Ownership
4.8 Reference Documents
4.9 Term of Contract
5.0 Information Required from Contractor 7
5.1 Required Proposal Elements
5.2 Response to the RFP
5.3 Personnel
6.0 Evaluation/Selection Information 8
6.1 Evaluation/Selection Method
6.2 Interview of Three Finalists
7.0 Questions 8
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2019 Town of Estes Park Facilities Master Plan
2
1.0 Introduction: The Town of Estes Park (TOEP) is committed to providing the citizens and visitors of Estes Park with
outstanding governmental services. We will achieve this through our Vision and Mission.
Town of Estes Park Vision:
“The Town of Estes Park will enhance our position as a premier mountain community.”
Town of Estes Park Mission:
“The Mission of the Town of Estes Park is to provide high-quality services for the benefit of our citizens, guests,
and employees, while being good stewards of public resources and our natural settings.”
Estes Park is located 70 miles northwest of Denver at the eastern entrance to Rocky Mountain National Park.
Surrounded by some of the most spectacular scenery in the Rocky Mountains, Estes Park is a popular choice for
vacationers throughout the year. More information is available at www.estes.org.
The Town of Estes Park Board of Trustees consists of seven elected members; the Mayor and six Trustees. All are
elected for four-year terms, with three Trustees elected at each regular municipal election. The Town
Administrator is responsible to the Town Board for the successful operation of all Town of Estes Park operations.
1.1 Purpose: The Town of Estes Park (TOEP) is seeking a qualified consultant, or firm, to partner with staff to;
evaluate, plan, and implement the development of the Town of Estes Park Facilities Master Plan.
1.2 Goal: The goal of the Facilities Master Plan is to address both the immediate and short-term, as well as
the long-term facility needs for the TOEP. This plan will serve as a "road map" for the future development
and operation of all TOEP facilities. The scope of the master plan is for the next twenty years, with a special
emphasis on the next five and ten years. To this end, the master plan shall:
• Provide a comprehensive document that identifies the building and employee space needs to aid
the TOEP in budgeting, scheduling and administering all major building renovation and new
construction capital projects;
• Assure that all new near-term and mid-term capital building and major renovation projects are
planned in conjunction with, and in support of, a long term (20-year) strategic vision.
2.0 General Information:
2.1 Original RFP Document: TOEP shall retain the submittals, and all related terms and conditions, exhibits
and other attachments, in original form in an archival copy. Any modification of these, in the proposer’s
submission, is grounds for immediate disqualification.
2.2 Proposal Process: The responses to the RFP will be reviewed by committee and the field narrowed to
three proposers. There will be approximately two weeks between announcement of the finalists and the
interview/presentation. The format of the interview/presentation will be specified with the notification
of finalist status. See the schedule of events in section 2.3 for the proposed schedule.
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2019 Town of Estes Park Facilities Master Plan
3
2.3 Schedule of Events: The following is a tentative schedule that will apply to this RFP, but may change in
accordance with the TOEP needs, or for unforeseen circumstances. Changes will be communicated by
email to all participating proposers.
Activity Date Comments
Request for Proposal Available May 31, 2019
RFP Questions Due June 12, 2019 5:00 PM
RFP Questions Answered June 14, 2019 5:00 PM
RFP Submission Deadline/Bid Opening June 20, 2019 2:00 PM
Committee decision to top three Proposers June 27, 2019 5:00PM
Interview top three Firms July 11, 2019 All Day
Firm Recommendation to the Board July 18, 2019 3:00 PM
Town Board Approval July 23, 2019
Notice of Award TBD
Notice to Proceed* TBD
*Pending Contractor's submission of Contract, Certificate of Insurance, and Business license.
2.4 Town Contact Person: Please direct inquiries concerning the nature of this RFP to the following Project
Manager:
Town of Estes Park
Public Works Department
Attn: Jon Landkamer, Facilities Division Manager
P.O. Box 1200
Estes Park, CO 80517
(970)577-3576
jlandkamer@estes.org
3.0 Scope of Work:
The TOEP, in attempting to meet the challenges brought by geographical boundaries, increasing public pressure
for services, and rapidly expanding populace, has identified the need for a Facility Master Plan that will provide
the Public Works Facilities Division, Town Administrator, and the Town Board of Trustees, a comprehensive
overview of the current status of the physical environment of Town facilities. The TOEP is seeking a qualified firm
to provide consultant services in the formulation of a comprehensive Facilities Master Plan including strategies
and solutions to address current and future office space and service delivery facilities. The plan shall include
prioritized identification of the most pressing facility needs.
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2019 Town of Estes Park Facilities Master Plan
4
Consistent with the Town Board of Trustees Strategic Plan, the Facilities Master Plan shall identify current, five,
ten, and twenty-year, facility needs. The plan shall make recommendations regarding facilities expansion, re-
purposing existing facilities and the acquisition of additional space to provide sufficient, efficient work space and
service delivery to the citizens of Estes Park.
Initial Facility Evaluations: TOEP owns and operates approximately 98 structures with 32 of those
structures accessible to the public. The buildings vary in age from the early 1900’s to the present. The
facilities identified below represent the buildings that currently support staff work space, and/or include
critical storage functions.
Building Address Department Gross ft2 FTEs
Fleet/Street Services 575 Elm Road Public Works 14,400 7
Parks Shop 600 Big Thompson Ave. Public Works 2,771 6
Town Hall 170 MacGregor Ave. General (includes Police) 30,507 83
REO Garage/Police 1708 Fish Hatchery General/Police 600 0
Event Center 1125 Rooftop Way Events & Visitor Services 36,943 4
Visitor Center 500 Big Thompson Ave. Events & Visitor Services 8,284 10
Maintenance Shop 1209 Manford Ave. Events & Visitor Services 1,600 2
Museum Annex 220 4th Street General 7,850 0
Museum 200 4th Street General 6,016 3
Dekker Light & Power 615 Elm Road Power & Communications 12,980 20
Light & Power Storage 680 Elm Road Power & Communications 8,400 0
Water Department 577 Elm Road Water 9,600 16
New Water Shop 1360 Brook Drive Water 8,624 0
Total 12 Buildings 148,575 151
Phase One – Space Needs Assessment
• Document current facilities inventory and existing condition
o Document facility space by location and function
o Document amount of space by department or organization
o Document shared and support spaces (meeting rooms, storage, shops, etc.)
o Document condition by major component (roof, HVAC, ADA, etc.)
• Develop space standards as a baseline for planning and future planning updates
o Explore new space standards; open office and office sharing
o Explore opportunities for consolidation and integration of services
o Explore shared and support space alternatives including Town goals supporting
sustainability, health and wellness, for staff and community
• Conduct a Space Needs Analysis
o Project future personnel and space needs by department
o Projected staff growth and Town community demographics for five and ten year
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2019 Town of Estes Park Facilities Master Plan
5
o Gap analysis, i.e., Where are we deficient? Where do we have surplus?
Phase Two – Strategic Plan
• Develop Options Analysis (targeted areas by priority, set by the Leadership Team)
o Define alternate expansion, renovation, new facility, and/or location options
o Provide space utilization recommendations
• Strategic Facilities Master Plan Recommendations
o Create concept plans
o Prepare preliminary concept cost estimates
• Design a phased implementation schedule for incorporation into the TOEP Capital Improvement Plan
o Recommend funding strategies for long range planning and construction implementation
o Recommend funding strategies for ongoing, and expanded future maintenance, of TOEP
facilities
3.1 Coordination: The selected consultant is to work in conjunction with the TOEP, Facilities Division, and
other designated department representatives, to create a collaborative environment for discussion and
project delivery. The expectation for the project is a very transparent and open dialogue surrounding the
workspace needs for future planning.
3.2 Budget: Fee proposals shall be provided in a separate sealed envelope that will be opened after the
Selection Committee has determined the initial ranking of the submitting Firm’s proposals. The fee
proposals will then be compared to the rankings based on the Firm’s proposal.
4.0 Proposal Preparation Instructions:
4.1 Proposal Submission: This process is expected to be competitive with numerous firms participating.
Please upload your submittal to BidNet on or before 2:00 P.M. June 20, 2019, in separate PDF files
including the following:
• Services Proposal clearly titled “2019 Town of Estes Park Facilities Master Plan”.
• Fee Proposal clearly titled “2019 Town of Estes Park Facilities Master Plan Fee Proposal”.
Alternative Submission: One (1) hard copy each, separately packaged, of the Service Proposal and Fee
Proposal, and an electronic version of each document on a USB drive, must be received on or before 2:00
P.M. June 20, 2019. Proposals and the electronic copy must be in a sealed envelope. Developers mailing
their proposals must allow sufficient mail delivery time to ensure receipt of their proposals by the time
specified.
4.2 Rejection of Proposal: The Town of Estes Park, Public Works Department reserves the right to reject any
or all proposals and to waive formalities and minor irregularities in proposals received if deemed in the
best interest of the TOEP to do so. If, in the judgment of the TOEP, the bids or proposals are substantially
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2019 Town of Estes Park Facilities Master Plan
6
equal, the Town Board may grant the contract to companies located in the Estes Valley or Larimer County.
The total cost of proposal preparation and submission shall be by the Proposer.
LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED.
4.3 Submission Address: The proposal envelope may be delivered or sent by US mail to:
Town of Estes Park
Mr. Jon Landkamer
Public Works Facilities Manager
P.O. Box 1200
Estes Park, CO 80517
Envelopes should be clearly marked: 2019 Town of Estes Park Facilities Master Plan RFP
Delivery services other than US Mail, or hand delivered proposals should be delivered to:
Town of Estes Park
Mr. Jon Landkamer
Public Works Facilities Manager
170 MacGregor Avenue, Room 100
Estes Park, CO 80517
Envelopes should be clearly marked: 2019 Town of Estes Park Facilities Master Plan RFP
4.4 Use of Subcontractors: The proposing Consultant shall indicate in the proposal any work intended to be
performed by subcontractors or persons outside of their firm. The bidding Consultant shall name the
partner firms, if known, at the time of proposal submittal. Partners and subcontractors shall be bound to
meeting the same quality standards and schedules. They will also provide the same level of
documentation (insurance & business licenses). See item 4.6 below.
4.5 Award of Contract: A formal agreement will be awarded to that responsible proposing Consultant whose
proposal, conforming to the RFP, will be most advantageous to the TOEP, with these design and selection
factors considered. The executed agreement will be a standard “Professional Services Agreement” type
and the TOEP will generate an agreement to this effect.
4.6 Insurance Requirements for Consultants: (Insurance Certificates are not required with the proposal.): The
TOEP must approve the successful Consultant’s insurance prior to execution of the agreement by the
Town Board of Trustees. The successful Consultant shall acquire a Town Business License prior to signing
the agreement.
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2019 Town of Estes Park Facilities Master Plan
7
4.7 Response Material Ownership: All material submitted regarding this RFP becomes the property of the
Town and will only be returned to the Contractor at the Town’s option. The Town of Estes Park has the
right to use any or all ideas presented in reply to this RFP. Disqualification of the proposer does not
eliminate this right.
4.8 Reference Documents: The following documents are available for reference:
● Town of Estes Park Building Inventory Spreadsheet
● Current Capital Improvement Plan
● Stanley Park Master Plan
● Estes Park Downtown Plan, January 23, 2018
● New Water Shop Remodel Conceptual Design
● Downtown Parking Management Plan
4.9 Term of Contract: The Town will generate the Professional Services Agreement in accordance with Town
policy.
5.0 Information Required from the Proposer:
5.1 Required Proposal Elements: The Proposer must provide the following information and statements within
the proposal:
● Executive summary of the proposal
● The Proposing Firm’s qualifications and experience in providing professional services in Facilities
Master Planning, including resumes of key team members
● Statement of understanding, showing familiarity with the Scope of Work, including the schedule
● Project approach to master planning
● Partnerships established with architecture and/or engineering firms for this project
● Five references of past or current clients, three with similar government projects
● Name of the person who will act as the primary contact for the Proposing Firm’s work, including;
phone, cell phone, and email contact information.
5.2 Response to the RFP: The proposing consultant must address each item of Section 5.1, in the order
presented and meet the mandatory requirements of Section 3.0 through Section 5.0. Proposals should be
concise, and generally should not exceed fifteen pages, excluding project experience and development
history. Any requested restrictions for the use or inspection of material contained within the submittal
shall be clearly stated. Confidential commercial, financial, and/or proprietary information must be clearly
identified and separately packaged from the rest of the submittal. If so identified, the Town will protect
those items from disclosure to the extent permitted by law.
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2019 Town of Estes Park Facilities Master Plan
8
5.3 Personnel: The successful firm must be capable of providing adequate, knowledgeable personnel to fulfill
the requirements of the proposed agreement. It is a requirement of the TOEP that key personnel
identified during the consultant selection process, will participate in, and execute the project. Substitution
of key personnel after the award of contract will require TOEP approval, as project lead personnel are
considered essential.
6.0 Evaluation/Selection Information:
6.1 Evaluation/Selection Method: An Evaluation/Selection Committee will be appointed by the TOEP. The
objective of the Evaluation/Selection Committee will be to evaluate proposals against the criteria set forth
herein. The Evaluation/Selection personnel will evaluate proposals relative to the following criteria:
Selection Criteria Point Value
Item #1: RFP completion. How complete and concise was the executive summary and RFP
response? Was the RFP well organized, with complete information responding to all of the
submittal criteria?
10 Points
Item #2: Project Approach. RFP documents a clear understanding of the Town’s needs and
clear direction toward completing the scope of work.
25 Points
Item #3: Key Personnel. Experience of key personnel. Relevant planning background
including with municipality/government experience. Demonstrated skill in developing
master plans.
20 Points
Item #4: Schedule. Ability to complete the planning tasks within a reasonable time frame.
Submitted complete and understandable scheduling approach.
5 Points
Item #5: Firm Experience & Qualifications. Relevant experience with facility master
planning and design for municipalities, of size and scope similar to TOEP. General
personnel fee structure is consistent with the current market. Estimated staff hours for
each phase are logical and consistent with scope of work.
20 Points
Item #6: References. References verifying quality of work performed with relevant and
similar type facility planning projects.
20 Points
Total Points 100 Points
6.2 Interview of Three Finalists: The field will be narrowed to the top three proposers and they will be invited
to present their Facilities Master Plan proposal to the Evaluation/Selection committee in person, in a to-
be-defined format. The finalists will have approximately two weeks to prepare their presentation for the
committee.
7.0 Questions: Please direct all questions in writing to Jon Landkamer either through Bidnet, or via email at;
jlandkamer@estes.org, following the deadlines as stated in Section 2.3.
Disclaimer: Any Professional Services Agreement is subject to the review and approval of the Town of Estes Park,
Board of Trustees.
27
2019 TOWN OF ESTES PARK
FACILITIES MASTER PLAN
STUDIO Architecture
Studio Terra
PCD Engineering
BBC Research
28
June 20, 2019
Town of Estes Park
Public Works Department
Attn: Jon Landkamer
Facilities Division Manager
Estes Park, CO 80517
Dear Mr. Landkamer,
We are pleased to present our proposal for the Facilities Master Plan project.
Our core team, consisting of STUDIO Architecture, Studio Terra, PCD Engineering and BBC Research, was specifically assembled to
meet the goals the Town's Facilities Master Plan scope of work. We have extensive experience working with local governments,
including cities such as Boulder and Longmont, on similar master planning and facilities projects that will be discussed in more detail
later in this proposal.
Most notably, STUDIO Architecture (STUDIO), Studio Terra and BBC Research were recently awarded the City of Boulder's Facilities
Master Plan project, while PCD Engineering recently finished work on the City of Boulder's Facility Energy Study project focused on
meeting Boulder's aggressive Climate Action Plan. Furthermore, our team recently completed space needs analysis, programming and
a maximum capacity analysis for Boulder's Facilities and Asset Management Division's Municipal Services Center as well as a space
needs assessment, programming and office design for the City of Boulder's Open Space and Mountain Park's 30,000 SF office
consolidation project known as the OSMP Hub.
We are also working with both the City of Boulder and the City of Longmont on current facility design projects including, but not limited
to, a library, fleet maintenance facilities, council chambers remodels, office space remodels, and a city joint-use recycling center master
plan. In the past we have also completed a wide variety of federal and municipal offices, courthouses, police headquarters facilities and
libraries, so unlike other firms who do "planning" but rarely follow through with their recommendations, we clearly understand how to
create conceptual plans that can actually be implemented. Part of our responsibilities on this project will be to test our team's
recommendations and prove our concepts can achieve the TOEP Facility Master Plan's consolidation goals for decades to come.
As you will see in our proposal, our team's past experience, expertise and strategic focus on facility analysis, planning and design will
ensure your project meets all of the Town of Estes Park's goals for this RFP. If selected for this unique opportunity, we are very excited
to roll up our sleeves and get to work with you on building a clear path to the Town of Estes Park's future.
Jeff Dawson, principal with STUDIO Architecture, will be our team's primary contact for this TOEP Facilities Master Plan RFP
response. He can be reached at (720) 771-0516 or at jeff@thestudioarchitecture.com.
Sincerely,
Jeff Dawson, Co-Leader
STUDIO Architecture
Carol Adams, Co-Leader
Studio Terra
29
EXECUTIVE SUMMARY / STATEMENT OF UNDERSTANDING
First and foremost, we will work collaboratively with the TOEP's Facility Division and other designated department representatives to
deliver a Facilities Master Plan that the TOEP can put to use and adapt in the future to advance the TOEP's mission to:
Provide high-quality, reliable services for the benefit of our citizens, guests and employees,
while being good stewards of public resources and our natural setting.
In the 2018 TOEP Strategic Plan one of the objectives listed in the Infrastructure Key Outcome Area was to develop a facilities needs
assessment in 2019. With that goal in mind, we see the Facilities Master Plan project being comprised of the following general work
efforts:
1.PHASE I - Collection of Existing Conditions Information
We will document and organize the Town's existing facilities to better understand the current state of each building and site.
This will include the use of the Town's Building Inventory spreadsheet listing primarily quantitative information about each
facility including space utilization and the buildings' general physical condition. Some buildings will likely require an expanded
or detailed summary to supplement the information held in the master spreadsheet. Qualitative information will also be
gathered to help the Team determine the fate of each facility during the subsequent phases of work. This information will be
organized into an appendix that may be attached to the final Facilities Master Plan document.
- Estimated Schedule: September 1, 2019 - November 30, 2019
2.PHASE II - Analysis of Opportunities, Constraints and Future Requirements
In this stage we will evaluate the Town's Capital Improvement Plan, potential future usefulness of each facility; possibilities for
space consolidation; facility reconfiguration based on cost, industry space planning trends; and the impacts of future growth
and changing demographics on each department and facility. We will also consider customer service needs and the changing
way governments will be interacting with their staff, residents and out of town customers in the future. This effort will also
include an evaluation of current and future space standards using current models for comparison and the assessment of the
potential value of vacated facilities to leverage consolidation or reorganization approaches. At this stage a series of staff and
customer/resident interviews and/or surveys should be planned to gather stakeholder feedback that will help guide the next
phase of work.
- Estimated Schedule: November 15, 2019 - February 15, 2020
3.PHASE III - Implementation Strategies and Conceptual Vision
Finally, we will identify a methodology for achieving the TOEP's goals organized around specific five, ten and twenty year
milestones while we consider a 50-100 year vision for the Town and its facilities. This stage will include the development of
conceptual options and their evaluation by the Leadership Team, including discussions around cost and potential funding or
organizational changes, to execute the preferred consolidation option or options. Generally, our work will be organized around
three primary analysis categories: organizational, physical and financial. This approach which will be discussed in more detail
later in this proposal. Our tasks will include identifying the best methods for the TOEP to implement its "Desired Future State."
Ultimately our strategy is to establish a clear set of operational, planning and funding steps, or the "road map", to guide the
TOEP toward its preferred consolidation goal.
- Estimated Schedule: February 1, 2020 - April 30, 2020
4.PHASE IV - Facilities Master Plan Production
At the end of the process all of the Team's work will be collected into a Facilities Master Plan that the TOEP can use as a
"living" document. If done correctly, the TOEP should be able to modify the plan regularly as conditions change, goals evolve
and the Town grows. We intend to create a plan that is above all, flexible so that it can be adapted as conditions change over
the next 15-20 years.
- Estimated Schedule: April 15, 2020 - June 30, 2020
We strongly believe we have assembled an expert team of highly collaborative consultants to provide the TOEP with the resources and
expertise necessary to successfully guide you through this Facility Master Planning process.
30
In response to the goals of this RFP, we plan to:
1.Document and analyze TOEP facilities and recommend potential consolidation strategies (Physical Analysis)
2.Collaboratively identify implementation opportunities to meet your "Desired Future State" (Organizational Analysis, Financial
Analysis & Final Facilities Master Plan)
Our first step will be to analyze and collect data about the Town's facilities and it's organization. We will also identify industry
best-practices as the TOEP considers its future both during and after the consolidation of its facilities. Our ultimate goal is to provide
actionable steps, while looking at the cost and funding sides of the equation, to develop clear phasing strategies to fund future capital
projects and to align them with the TOEP's future organizational and facilities goals.
With all of that that in mind, we view this effort as having three intersecting areas of analysis to answer the following questions:
Finally, we will pull it all of the information and recommendations together into a written and graphic report that can be used for a
variety of audiences, including the Board of Trustees, Town Administrator, Staff and the general public.
Carol Adams of Studio Terra will be our team's leader. She will be involved at a strategic level in all tasks and will ensure that the team
works and communicates effectively with TOEP's staff. In addition to the strategic level planning and analysis, StudioTerra will also be
directly involved in the stakeholder conversations; site programming and conceptual site planning efforts; the physical analysis of site
options (pros and cons); and the development of final deliverables that will pull all of the work efforts together into a cohesive and
concise, graphically rich, Facilities Master Plan document.
PHYSICAL ANALYSIS
"We have reliable, efficient and up-to-date infrastructure serving our residents, businesses and guests"
TOEP Key Outcome Area
Our team will document and analyze existing facilities with the ultimate goal of providing recommendations for the efficient
consolidation of services and functions within the city. This effort will be led by STUDIO Architecture who will collect data from the
TOEP for existing locations and complete opportunities and constraints analysis to identify a site's or facility's relative potential for
consolidation, renovation, reconfiguration or liquidation. We will also compile property data to help us quantitatively and qualitatively
score each location on a wide variety of metrics including, but not limited to, parking, open space, amenity proximity, travel distances,
infrastructure deficiencies, building age, status, etc. While we collect and evaluate this physical data we will also be integrating city
services, qualitative data and functional information so we can evaluate both internal and external influences and how their interaction
impacts the quality of each location.
Once we thoroughly understand each location and the services that will be moved there, we will complete a conceptual studies using
rough space programming, space planning diagrams and conceptual site plans to test fit different service and functional configurations.
OUR APPROACH
1.Organizational and Operational Analysis
How can the TOEP be organized and positioned to be
successful in customer service, fiduciary responsibility,
and meet the goals of the community at-large?
2.Physical Analysis
Where should facilities be located to best serve the
community, create healthy work environments, and
facilitate consolidation or efficiency? What are the pros
and cons of the identified options?
3.Financial Analysis
What will all of this cost and how will the TOEP pay for
it? Are any current funding adjustments necessary to
meet TOEP's long term goals?
Facilities
Master
Plan
Stakeholder
Input
Stakeholder
Input
Stakeholder
Input
31
Each of these options will include a robust pros and cons analysis to document the relative strength of each configuration. Once a set
of recommendations are established based on the data collected and locational analysis completed, we will work on conceptual hard
and soft cost budgets to evaluate the financial impacts of each location and option.
Specifically during the physical analysis phase our team will identify safe and efficient multi-modal access for each location being
evaluated. We will anticipate preferred access locations by automobiles, bicyclists, pedestrians, transit, trucks, etc. and evaluate the
physical requirements of each. We will work with staff to determine the level of impact anticipated at each location, evaluate parking
requirements, and prepare comparisons of multi-modal site access considerations. In addition, we will pay close attention to floodplain
and wetlands impacts while considering mitigation alternatives if required. We will also evaluate potential water quality and Low Impact
Design challenges, and any potential utility improvements required by any of the options.
As part of our physical analysis, and while each option is been thoroughly vetted, the team will complete ROM construction budget
estimates and craft initial cost comparisons. We will also evaluate life cycle costs and develop high-level construction schedules as we
analyze construction feasibility of different opportunities.
ORGANIZATIONAL AND OPERATIONAL ANALYSIS
"We will provide high-quality, reliable basic municipal services for the benefit of our citizens, guests and
employees, while being good stewards of public resources."
TOEP Key Outcome Area
During the analysis and implementation phases, we will work with your staff and customers to evaluate existing Town services and
functions to consider how they can be effectively and efficiently consolidated at different locations. Our focus will be on how the Town
can improve its services for customers, and how the Facilities Division can improve its own services through the development of
metrics and best-practices as it moves toward its "Desired Future State" established during stakeholder meetings.
Our team will collaborate with you to identify priorities centered around facility performance. Building systems will be evaluated by PCD
Engineering for the impact on these priorities, such as energy consumption, building operations specific to energy, maintenance costs,
or others. The team will leverage existing industry metrics, or develop new metrics to align with these future state priorities in
accordance with industry standards and best practices.
We will include future state metrics to identify opportunities for improvement and develop strategies for implementation. The metrics
may cover O&M costs, labor hours, energy consumption, design life, or other aspects of facility operations. Thus, implementation will
likely impact some or all of these areas, as prioritized by the Town of Estes Park. Relative opportunities may include cost savings,
energy reduction, energy efficiency, and optimization of staffing levels to name a few.
The priorities and metrics identified will focus the attention on specific building systems and operations. In coordination with
existing/future software solutions to support asset management or computerized maintenance management, best practices for facility
assessment will be developed. These will combine the areas of operations management and capital planning to support facility health
and longevity. This approach yields a transition to sustainable operations, helping facilities teams to continually refine best practices,
update software, and generally improve the ability to effectively manage and maintain building assets.
Our team specializes in forward-thinking energy solutions. Within the facility metrics identified by the team, we will focus on building
operations metrics specific to energy, energy savings potential, ongoing maintenance costs and maintenance best practices. The team
will work with the Town of Estes Park to align these and other facility metrics with the overall facility priorities. This includes the
alignment of software requirements with data gathering techniques. The team will identify opportunities to avoid purchasing
unnecessary software when suitable alternatives are available.
The team will develop a collective vision of the current state as compared to the existing metrics, processes and tools needed
(software, forms, manuals). In addition, we will document the various software tools used, legacy forms collected, manuals in existence.
In some cases, the actual steps taken and tools used by some stakeholders may be different than what was expected by other
stakeholders.
Finally, the team will develop a collective vision for the future state and all necessary metrics to support and maintain that state. From
there, we will evaluate the ability of the current processes and tools to support those metrics. If there are gaps or shortfalls, we will
develop a road map from existing tools to the required future tools. This may include consolidation, future procurement of additional 32
tools, or realignment of the Facilities Division or its organizational priorities to support the future state.
The ultimate goal is to create high-quality services for the benefit of TOEP residents, guests, and employees, while being good
stewards of public resources and your natural setting.
FINANCIAL ANALYSIS
"We maintain a strong and sustainable financial condition, balancing expenditures with available
revenues, including adequate cash reserves for future needs and unanticipated emergencies."
TOEP Key Outcome Area
One of our team's core competencies is working with municipalities to develop policies related to financing and funding for public
projects (tax exempt lease purchases, energy and operational cost savings funded projects, public private partnerships). We will rely on
that expertise to review the TOEP's current and future revenue and budget projections to develop an extensive understanding of the
division?s funding sources; expenses; and how it finances and executes projects like those required to implement the Team's
recommendations. In addition, we will conduct a review of other comparable municipalities? both in Colorado and nationally? to
compile information about how analogous divisions finance and execute the services they provide to internal customers. That review
will give us the background and context to provide the TOEP with various recommendations around:
-Best practices for financing the implementation of our plan
-Funding mechanisms and initiatives that the TOEP could consider to implement the plan
-Potential changes in funding models, contracting policies, staffing structures, and other aspects of the TOEP?s budget
A key element of our review will include understanding the projected changes in the way the Town funds the Facilities Master Plan
steps or any expected fluctuations in current revenues or expenses. That discussion will help us conduct a sensitivity analysis of the
financing related to implementing the plan.
Finally, we will summarize our review of the TOEP's budget and that of other, comparable municipalities as part of the draft and final
plan. We will also provide detailed recommendations and guidance related to the above topics and how the TOEP can work to
implement the plan effectively from a budgetary perspective.
33
OUR EXPERIENCE
OSMP Space Planning Study
Executive Summary
The purpose of the study is to:
-Determine the ideal long term space solution for
the department while also addressing short-term
needs.
-Develop phased strategy to improve current office
and meeting space - with office space the priority.
Meeting space, garage/storage space and
shop/work room space are a lower priority.
-Understand opportunities and constraints at
existing facilities
-Explore a variety of options that improve the
existing accommodations - including remodeling
existing space, leasing of additional space,
temporary or modular offices, sale or purchase of
new property(s), co-location with new city facilities
in a central campus, new purpose-built facility for
entire OSMP department
-Research and determine space standards for
staff of different positions/grades
-Seek staff input on space needs and preferences
-Understand other city planning efforts that could
affect the department and integrate department
needs into them (City Yards, Valmont Butte,
Central Campus)
Goals
-Align staff in space with the organizational
structure to promote enhanced collaboration
-Manage change effectively and build on existing
departmental efforts (department reorganization,
moving Rangers to the Municipal Service Center
to free up space, implementing a flex time policy,
providing smart phones to allow some remote
work, utilize meeting spaces at other city facilities)
-Maximize space and create efficiencies in
layouts and use
-Create space for vacant positions related to the
Organizational Assessment
-Acknowledge positions/grades and assign offices
that are consistent with industry space standards
-Minimize staff moves (make shifts that support
medium and long-term strategies)
-Plan for future growth
-Understand funding for capital improvements
related to the space study recommendations and
request annual budgets that address the short
and medium term items and plan for the long
term.
Open Space Mountain Parks Division
Space Study and Consolidation Analysis
Studio Terra worked closely with the City of Boulder's
OSMP leadership and staff over the course of several
years to identify space needs, current deficiencies, and the
future desired state for OSMP workplaces. This work
involved a significant amount of staff input and helping the
organization with change management as they moved to
consolidate their disparate work places into the
now-realized OSMP Hub.
Various scenarios were analyzed for both the short term
and long term vision for the department. Department and
city leadership buy-in was attained through very clear
documentation of existing and future program needs, gap
analysis, options for meeting needs, peer city solutions,
and order of magnitude costs for future facility
development.
Consolidation Scenario Pros & Cons
Images from OSMP precedent presentation 34
OSMP Space Planning Study
Short Term Goals
1. Align staff in space with our new organizational structure to
promote enhanced collaboration
a. Co-locate workgroups
b. Co-locate divisions
2. Create space for vacant positions related to the Organizational
Assessment (adding 5 FTE)
3. Maximize space, create efficiencies in layouts and use (e.g.,
temporarily repurpose space to create additional offices and
meeting rooms that accommodate current staffing levels/count)
4. Minimizestaff moves (make shifts that support medium and
long-term strategies)
5. Acknowledge positions/grades and assign offices that are
consistent with industry space standards
a. Staff that spend 50% or more of their time in the field
will be considered for shared office assignments
b. Staff who are participating in succession
planning/capacity-building work arrangements will be
considered for shared office assignments
Medium Term Recommendations
1. Close the gap on office space shortage and evaluate both lease
options and portable office options (Ute Campus)
2. Participate in other planning efforts ? City Yards, Valmont,
Central Campus, and begin to co-locate identified items ? fleet,
materials, etc.
3. Begin staff design meetings to plan for new and renovated
spaces and to consider current trends and knowledge about
effective office space planning and design
4. Explore future uses for existing facilities ? Cherryvale and the
Ute Campus.
5. Evaluate OSMP buildings (not on main campus) for sale. Would
likely require a subdivision process to separate the buildings and
immediate surroundings from the larger OS parcels.
6. Research locations for a new OSMP facility ? work with local
commercial broker.
Long Term Recommendations
1. Design and build a new OSMP facility ? office only vs office and
yard storage
o Option 1 ? New office building ? yard and
covered storage remain at Ute
o Option 2 ? New office building and collocate
fleet and yard storage at the Municipal Service Center
(City Yards)
o Option 3 ? New facility to include all functions ?
office, storage, yard
2. Build a conference room large enough to comfortably hold
all-staff meetings. This could be a shared facility with other city
departments.
3. Renovate both buildings at Cherryvale for identified new uses.
4. Renovate the Annex building for identified new uses.
OSMP Space Study and Recommendations
Collaboration
Identified Issues
1. Improved collaboration is a goal for the organization, but the
existing facilities and space configurations make collaborating
extremely difficult. Work groups are sometimes split across different
facilities, resulting in isolation, increased travel time, and barriers to
communication.
2. Existing spaces are crowded, resulting in little, if any, collaboration
space. Conversations occurring in hallways can be distracting to
adjacent staff.
3. Existing shared spaces are noisy and distracting and some
locations have very challenging acoustics. Staff has expressed a desire
for non-shared (private) spaces.
4. Seasonal employees and volunteers do not have a space to meet to
start and end the day, or to store personal belongings while out in the
field.
5. The potential to collaborate or share storage, equipment, fleet or
materials across other city departments is an unknown for staff, since
OSMP has historically been physically separate from the rest of the
city.
Staff Recommendations
1. Create space that supports and encourages interaction and
collaboration
2. Create more efficient office layouts so offices are not on the
perimeter of buildings
3. Explore possibilities for collaboration (e.g. shared storage,
equipment, fleet, materials) across other city departments
4. Workgroups/functions should be co-located to improve efficiency
and production
5. Office assignments should be determined by position or role
6. Communicate/share floorplans with office assignments to
understand who is located where
7. Create quiet environments/privacy to help with writing and analysis
and phone conversations
8. Maintain spaces with dual purposes (e.g. Herbarium/office;
library/meeting room)
35
City of Boulder OSMP Hub | City Office Tenant Improvement
STUDIO Architecture programmed, space planned and designed this 30,000 SF, two-story interior office space in East Boulder to
implement the City of Boulder's Open Space and Mountain Parks division consolidation plan that relocated staff from multiple locations
to this new headquarters building. STUDIO Architecture was tasked with facilitating employee engagement activities including all-staff
presentations and numerous director's meetings to ensure the OSMP staff was involved throughout the TI design and furniture
selection processes. Following the successful delivery of this TI project for OSMP, STUDIO Architecture was also engaged to help
OSMP plan the reuse of three existing buildings, including OSMP's fleet facility, that will be re-purposed for the Rangers group after the
rest of their staff relocated to this new space at 55th Street.36
City of Boulder Municipal Service Center Max Capacity Analysis
2010 MSC Master Plan - Facility Analysis
VISIONING, PLANNING & ANALYSIS
StudioTerra has been working with FAM and the Public
Works Department since 2010 on visioning, strategic
planning and site planning for the Municipal Service Center
(MSC). Early efforts focused on creating master plan
alternatives that explored property acquisition, various
consolidation efforts (namely Public Works, Parks and
Recreations, and FAM).
More recently, StudioTerra worked with Public Works staff
to fully understand existing conditions, identified gaps, and
plans to mitigate those gaps. Working with STUDIO
Architecture, this effort led to a more detailed plan to
potentially consolidate and relocate the Public Works
department into new, energy efficient facilities at the MSC.
The StudioTerra team?s latest efforts looked at several
maximum capacity analyses for the site. Pre-application
materials were developed for the options and
pre-application meetings were held with Planning Staff.
Conceptual plans and massing for the Max Capacity Analysis
Page from the 2010 MSC Master Plan
37
6400 Arapahoe Master Planning
VISIONING, PLANNING & IMPLEMENTATION
StudioTerra has been working with the city, existing tenants,
and the zero-waste community since 2010 on visioning and
implementation for this city owned property. The
overarching goal of 6400 is to help move the community
toward the City?s Zero Waste Goals. StudioTerra led the
initial visioning, annexation, concept planning, community
involvement, site review, tec doc review, building permits
and implementation of Phase 1.
The current StudioTerra team, which includes STUDIO
Architecture, are now working with city and stakeholders on
a vision plan for ultimate build-out of the property. This new
vision includes upgraded and expanded facilities for
Eco-Cycle, CHaRM, and Resource, along with the potential
addition of an innovation hub and maker space. Our work
will result in plans and graphics that can be used for fund
raising efforts along with initial LUR reviews.
An example of stakeholder and public input strategy
Current functional relationship planningCurrent master planning efforts 38
39
OUR TEAM
Our team, jointly led by STUDIO Architecture and Studio Terra, has worked together on multiple master planning and facility analysis
and planning projects in the past. Carol Adams, principal with Studio Terrra, has decades of facilities planning experience and will
provide strategic guidance , vision and leadership during the process while Tim Ross, principal with STUDIO Architecture, will manage
the team and their work day to day to ensure the TOEP achieves its future facility needs and master plan goals.
Combined our team has unrivaled experience working with local governments, including Boulder and Longmont, on facilities planning
and design projects. Each of our team members have been specifically included for their unique qualifications and specific areas of
expertise:
-STUDIO Architecture - Co-Leader, Project Management, Physical Analysis Leader, and Implementation
-Studio Terra - Co-Leader, Strategy and Implementation Leader
-PCD Engineering - Operational & Energy Analysis Leader
-BBC Research - Stakeholder Engagement and Financial Analysis Leader
Below is our team's organizational chart graphically illustrating each team member's responsibilities and their relationship to the TOEP.
40
STUDIO STUDIO Architecture | Creativity, Dedication & Leadership
We established STUDIO Architecture as a full service architecture and urban design firm in 2010 for the purpose of making our clients
more successful and our communities better places to Live and Work. To accomplish those goals, we've filled our team with
experienced professionals who are extraordinarily passionate about complex design projects. You will appreciate our passion for
design, our rigorous approach to project management and our strong commitment to excellence both during and after the design
process is completed. Our clients regularly praise us for our creativity, our commitment to the construction process, and our willingness
to do whatever it takes to make their project a complete success.
STUDIO specializes in multifamily, office and mixed-use commercial design. We also have broad experience in affordable apartment
remodel projects.
LIVE | WORK
41
STUDIO Jeff Dawson | Founder & Principal
EDUCATION
Master of Architecture
Outstanding Graduate
University of Colorado 1994
PROFESSIONAL AFFILIATION
Urban Land Institute
City of Boulder Design Advisory Board
American Institute of Architects
PROFESSIONAL EXPERIENCE
Morgan Creek Ventures - Partner
OZ Architecture - Principal
Carrier Johnson - Senior Designer
Zimmer Gunsul Frasca - Associate
PROFESSIONAL LICENSE
Colorado #203754
Jeff Dawson is the founder and managing principal of STUDIO
Architecture. He combines real world project experience,
construction management expertise, and award winning
design talent to deliver high quality, cost effective and
sustainable multifamily housing, institutional and commercial
design projects. The vast majority of these projects have been
in complex urban environments that require a balanced
approach to community concerns, challenging technical
conditions and tight construction budgets and schedules.
Jeff was an active member of the City of Boulder Design
Advisory Board for over 7 years and is currently on the board
of director's for Golden West Communities, a local non-profit
housing organization serving over 300 low-income Boulder
seniors. He has been involved in affordable and senior housing
projects for over 15 years.
LIVE | WORK
42
STUDIO STUDIO Tim Ross | Principal Project Manager
EDUCATION
Master of Architecture
University of Colorado 1994
PROFESSIONAL AFFILIATION
American Institute of Architects
LEED AP - US Green Building Council
National Council of Architectural Registration Boards
PROFESSIONAL EXPERIENCE
OZ Architecture - Associate
Dekker Pe?ch Sabatini - Project Manager
Pahl Architects - Project Manager
Klipp Architects - Job Captain
PROFESSIONAL LICENSE
Colorado #400585
Tim Ross has over 30 years of experience in design and
project management on a wide range of project types. He is a
licensed architect in Colorado and has managed nearly $200M
in construction value including commercial, multi-family
affordable housing, urban mixed-use, commercial office, and
office tenant improvement projects. He is also in charge of
quality control at STUDIO Architecture. Tim is a Leadership in
Energy and Environmental Design Accredited Professional
(LEED AP) and guides the firm's sustainability program.
LIVE | WORK
43
STUDIO Morgan Daly | Urban Planner
EDUCATION
Master of Architecture
Master of Urban & Regional Planning
University of Colorado Denver
PROFESSIONAL AFFILIATION
American Institute of Architects
USGBC LEED Green Associate
GIS Analysis of Estes Park Trail System
DAV Red Rocks Long Range Plan Accessibility Study
DEN Sustainable BARKitecture Award 2017
PROFESSIONAL EXPERIENCE
FF&E for Dekalb County School System - Design Intern
Alicot Architecture - Architectural Intern
CO Center for Community Development - Research Assistant
Zaga Design Group - Architectural Intern/Designer
Morgan Daly is an architectural designer and urban planner at
STUDIO, experienced in project management and a diverse
variety of design and planning project types. Her strengths
include single family and multi-family residential, tenant
improvement, and community architecture and planning.
Morgan has been assisting the City of Boulder with their facility
management re-consolidation plan.
She has provided local non-profit companies with preliminary
designs and feasibility studies to help achieve funding for
building renovations and new projects. While obtaining her
Master of Urban Planning, she worked with the Town of Lyons
on community engagement and urban planning of replacement
housing after the 2013 flood. She also worked with the City of
Longmont on the Hoover Street Corridor Subarea Plan.
LIVE | WORK
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REFERENCES
City of Boulder
Ben Mayer
Asset Management Supervisor
Open Space and Mountain Parks
(303) 681-4649
MayerB@bouldercolorado.gov
LIVE | WORK
City of Boulder
Michele Crane
Facilities Design & Construction Manager
Facilities and Asset Managment
(303) 441-4275
cranem@bouldercolorado.gov
City of Longmont
Jeff Friesner
Recreation & Golf Manager
(303) 651-8393
jeff.friesner@longmontcolorado.gov
City of Boulder
Laila Parker and Amanda Baker
Public Works
(303) 441-4334
parkerl@bouldercolorado.gov
City of Boulder
Joe Castro
Facilities and Fleet Manager
Facilities and Asset Management
(303) 441-3163
castroj@bouldercolorado.gov
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64
UTILITIES DEPT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten
Date: September 10, 2019
RE: Lease a Portion of 1180 Woodstock Drive to KREV-LP
☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES ☐ NO
Objective:
To support construction and on-going operations of a high-speed broadband network for
businesses and residents, while supporting the continuity of services from private
businesses.
Present Situation:
The Town is purchasing the property at 1180 Woodstock to support the operations of
the broadband service. Radio station KREV-LP is currently using the facilities. The
Town’s property purchase agreement required the previous owner to evict all current
renters.
The radio station needs additional time to receive a Town building permit to relocate its
antenna and equipment to a new location.
Proposal:
Staff proposes we lease space to KREV-LP so they can acquire a Town building permit,
receive approval from the FCC to relocate their antenna and move their equipment to a
new location. Because this is a transitional arrangement, we propose using the same
rate as used for telecommunications equipment.
Advantages:
● The Town will be supporting the continuity of radio service while the radio station prepares
the necessary building permit information and the building division processes their
application.
● The agreement establishes rights and expectations between us and the lessee.
Disadvantages:
65
We’ll need to work around their equipment and tower-mounted antenna during
remodeling work.
Action Recommended:
Staff recommends approving the lease agreement through the ordinance.
Finance/Resource Impact:
Small. This will increase the Power and Communications revenues.
Level of Public Interest
Low; This is a behind the scenes activity taking place.
Sample Motion:
This will be on the consent agenda. If it is removed the following sample motion could
be used.
I move to approve/deny the Resolution.
Attachments:
Transitional Master Communications Site Lease Agreement, KREV-LV
Resolution 27-19, Transitional Master Communications Site Lease Agreement
66
RESOLUTION 27-19
A RESOLUTION AUTHORIZING THE TOWN OF ESTES PARK TO LEASE A
PORTION OF THE REAL PROPERTY KNOWN AS 1180 WOODSTOCK DRIVE (THE
PREMISES) TO KREV-LP (TENANT)
WHEREAS, Colorado Revised Statutes, § 31-15-713, requires that all leases of
municipal property for one year or less be in the public interest and approved by ordinance
or resolution; and
WHEREAS, the Tenant described above desires to lease the Premises described
above, from the Town: radio transmission operations; and
WHEREAS, the Town Board finds that leasing the Premises for the stated
purposes is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Town Board authorizes the Mayor to sign a lease in a form substantially as
that now before the Board, for the Premises, to the Tenant.
DATED this day of , 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
67
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
Utilities (970)577 - 3588
Information Technologies InformationTechnologies@Estes.org
Power and Communications PowerAndCommunications@Estes.org
Water Water@Estes.org
TRANSITIONAL MASTER COMMUNICATIONS SITE LEASE AGREEMENT
THIS TRANSITIONAL MASTER COMMUNICATIONS SITE LEASE AGREEMENT (“Agreement” or “Master Lease”) is entered into this _13_ day of _September___, 2019, by and between the TOWN OF ESTES PARK, COLORADO, hereinafter called "Owner," and KREV-LP, a Colorado nonprofit corporation, hereinafter called "Lessee". Owner and Lessee may be referred to in this Agreement collectively as the “Parties.” RECITALS WHEREAS, Owner is building a broadband utility at their 1180 Woodstock property; and WHEREAS, Lessee is relocating their radio transmission operations to a new facility; and WHEREAS, Lessee wishes to temporarily continue to utilize space on the property owned by Owner for use in its communications operations; and WHEREAS, the Parties wish to formalize their lessor-lessee relationship and to provide for the transitional use of Owner’s properties, while providing compensation to Owner for costs associated with the use of such properties; and WHEREAS, the Parties have entered into this Transitional Master Lease, which shall set forth the terms and conditions applicable to the leases of all such parcels Lessee will lease from Owner, with specific terms and conditions relative to each separate parcel being set forth in the attachments hereto; and
The Parties hereby agree as follows:
1.Leased Premises.
The premises subject to this Master Lease (“Leased Premises”) located on property owned by
Owner (“Property”) are identified in the attachments hereto marked as Exhibit A, which are
incorporated herein by reference.
2.Permitted Uses and Condition of Leased Premises.
2.1. Subject to the terms and conditions of this Agreement, and any further terms and
conditions set forth in Exhibit A hereto pertaining to specific Leased Premises, Owner
leases to Lessee the Leased Premises for use solely as a point of radio transmission,
including, maintenance, and operation of certain equipment as described in Exhibit A
hereto and incorporated herein by reference. Lessee may not add additional equipment.
Additional uses of the Leased Premises, or alterations, additions, or improvements in,
on, or to the Leased Premises shall not be permitted.
CONTRACT UPDATED
09-10-2019
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
Utilities (970) 577 - 3588
Information Technologies InformationTechnologies@Estes.org
Power and Communications PowerAndCommunications@Estes.org
Water Water@Estes.org
2.2. Lessee shall remove all of its equipment from the Leased Premises at the expiration of
the Term, as defined below. Whether by expiration or termination of this Agreement,
Lessee shall surrender the Leased Premises to Owner in the same or better condition as
existed at the commencement of the Term, ordinary wear and tear excluded.
2.3. Owner shall maintain existing power and air-cooling equipment (“Existing Power and
HVAC Improvements”) on the Leased Premises in good working condition.
2.4. Owner shall supply electricity for the Leased Premises either through (1) its self-
supply, which shall be included as part of the rent provided in Section 4 hereof, or (2)
if practical and feasible, through metered electric service by the local retail utility,
which shall not be included in the rent and shall be paid to the local retail utility by
Lessee. The source of electric supply shall be specified in Exhibit A. If Owner
provides electric service through self-supply, Owner shall provide Lessee reasonable
advance notice of any planned outage in utility services on the Leased Premises and
such notice shall specify the anticipated length of the outage. Owner shall not be liable
in damages or otherwise for any failure or interruption of any utility service being
furnished to the Leased Property, whether such electric service is provided by Owner
or as metered service by the local retail utility (“Outage”), unless caused by the willful
misconduct of Owner, its employee, contractors, agents or representatives. Owner
shall provide Lessee with at least five (5) business days’ advance notice of any
planned Outage in utility services that are provided by Owner and such notice shall
specify the anticipated length of the Outage.
2.5. Lessee shall have access to the Leased Premises 24 hours per day, 7 days per week and
365 days per year, subject to the terms of this Agreement, including but not limited to
Paragraphs 5 and 6. This shall include Lessee’s employees, contractors, agents and
permitted invitees reasonably necessary for Lessee’s operation and maintenance of its
facilities on the Leased Premises (“Authorized Persons”).
2.6. This Master Lease is subject and subordinate to the prior and continuing right of
Owner, its employees, agents and/or contractors to enter and access the Property for its
own purposes, including the right to add, modify, reconstruct, remove or replace any
existing improvements thereon, and to grant any easements and right-of-way as Owner
desires over, across, and under portions of the Property, provided that the same shall
not unreasonably interfere with Lessee’s use as authorized herein. Owner reserves the
right to grant to others the use of the Property for any purposes, provided that the same
shall not unreasonably interfere with Lessee’s use as authorized herein.
2.7. Lessee shall not permit the use, storage or disposal of any Hazardous Substances at the
Leased Premises, except for incidental quantities that are customarily used in Lessee’s
business operations, provided the same are used in compliance with all applicable
laws, rules and regulations. “Hazardous Substances” means any hazardous waste,
substance or toxic material regulated under any federal, state or local environmental
law or regulation including, without limitation, asbestos-containing materials, PCBs
and petroleum products. Lessee shall indemnify and hold Owner harmless from any
loss, damage or expense of any kind arising from or related to Lessee’s use, storage or
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
Utilities (970) 577 - 3588
Information Technologies InformationTechnologies@Estes.org
Power and Communications PowerAndCommunications@Estes.org
Water Water@Estes.org
disposal of any Hazardous Substances at the Leased Premises, including but not
limited to the costs of any clean up or remediation from any spill and any costs
associated with any regulatory enforcement activities related to such Hazardous
Substances used, stored or disposed of by Lessee, including all defense costs and
reasonable attorney’s fees that may be incurred.
2.8. The Leased Premises and Common Areas, as the latter is defined below, do currently
include a restroom. Nothing in this Agreement shall obligate the owner to provide
such facilities within the Leased Premises or Common Areas.
3. Term. Renewal.
The initial term of this Agreement shall commence on the date this Agreement is fully
executed and shall continue until and through November 29, 2019 (“Initial Term”), unless
sooner terminated as provided for in this Agreement.
4. Rent.
The rent for the Leased Premises will be set forth in Exhibit A hereto, which is hereby
incorporated by reference. Rent shall be payable in advance on a monthly basis, and rent
payments shall be due on the first day of each month. Rent for any fractional month at the
beginning or end of the Initial Term or any renewal term shall be prorated. Rent for the first
month shall be due upon the full execution of this Agreement. Rent payments shall be mailed
to:
Town of Estes Park
Attn: Accounts Receivable
POX 1200
Estes Park, CO 80517
If the required rental payment is not received by the tenth day of any month, Owner may
charge interest on any past due rent at a rate of eighteen percent (18%) per annum until paid in
full, in addition to any other rights and remedies that Owner may have under this Agreement.
5. Common Areas and Access to the Property.
The following terms apply to any roads, sidewalks and other common spaces on the Property
serving the Leased Premises which are now or in the future available for general use,
convenience and benefit of Owner, Lessee, and Owner’s invitees (the “Common Areas”).
5.1. Lessee and Authorized Persons as defined in paragraph 2.5 are, except as otherwise
specifically provided in this Agreement or the attachments hereto, authorized to use
the Common Areas together with other persons and parties, during the term of this
Agreement on a 24 x 7 basis 365 days per year.
5.2. Owner shall be responsible for constructing, improving, repairing, and maintaining the
Common Areas, at its expense.
5.3. Owner shall not be liable, and Lessee fully releases Owner, for any and all liability on
account of any property damage, including damage to motor vehicles of Lessee,
except to the extent caused by the willful misconduct of Owner, its employees,
contractors and agents, and on account of any bodily injury, including death, except to
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Utilities (970) 577 - 3588
Information Technologies InformationTechnologies@Estes.org
Power and Communications PowerAndCommunications@Estes.org
Water Water@Estes.org
the extent caused by the willful misconduct of Owner, its employees, contractors and
agents.
5.4. Owner shall have the right (but not the obligation) to establish, and from time to time
change, alter and amend, and to enforce against Lessee such reasonable procedures,
rules and regulations as may be deemed necessary or advisable for the proper and
efficient operation, maintenance, security, and safety of the Common Areas and the
Property. These rules and regulations may include, without limitation, the hours during
which the Common Areas and Property shall be open for use. Owner may, if Owner in
its sole discretion deems appropriate, establish designated routes for trucks and other
vehicles, as well as a system or systems of check-in and check-out for each vehicle,
including inspection of the contents thereof, provided such rules and regulations shall
not prevent Lessee from access to the Leased Premises in accordance with section 2.5
hereof. Lessee shall be responsible for ensuring that their Authorized Persons conform
to and abide by all such procedures, rules and regulations and amendments thereto that
have been provided by Owner to Lessee in writing. Owner shall not be responsible to
Lessee for the nonperformance by any other person, entity or contractor on the
Property of any procedures, rules and regulations now or in the future promulgated by
Owner, unless such person, entity or contractor is under the control and/or supervision
of Owner.
5.5. Owner shall at all times during the Initial Term or Renewal Term have the sole and
exclusive control of the Common Areas and the Property, and may at any time or from
time to time during the term of this Agreement exclude and restrain any person from
using the Common Areas and Property. Upon reasonable written notice to Lessee,
Owner shall have the right to close, if required, all or any portion of the Common
Areas from time to time as may be necessary, in the opinion of Owner’s management
for the safety and security of Owner, Lessee and/or the Property, and for the purpose
of making improvements, repairs or alterations to the Common Areas. If such closure
impact Lessee’s access to the Leased Premises, Owner shall provide Lessee with an
alternative access route in the event Lessee requires access to the Leased Premises in
accordance with section 2.5 hereof for the safety or security of Lessee’s equipment and
operations. The rights of Lessee in and to the Common Areas shall at all times be
subject to the rights of Owner or other invitees of Owner to use the Common Areas in
common with Lessee, and it shall be the duty of Lessee to keep all of the Common
Areas free and clear of any obstructions created or permitted by Lessee or resulting
from Lessee’s operations. If, in the opinion of Owner, unauthorized persons are using
any of the Common Areas by reason of Lessee’s presence on the Property and/or
Leased Premises, Lessee, upon demand of Owner, may restrain such unauthorized
persons in accordance with applicable law. Owner, however, has the right, at any time,
to remove any such unauthorized persons from the Common Areas and the Property or
to restrain the use of any of said areas by unauthorized persons.
6. Security.
Owner may implement such security measures, at its sole cost, and adopt such security
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policies and procedures for the Property and the Common Areas as Owner shall determine to
be appropriate from time to time in its sole discretion, and it shall provide Lessee a written
description of all such security measures with which Lessee is required to comply. Lessee
shall be responsible for ensuring that its Authorized Persons fully comply with all security
measures implemented by Owner. Owner shall not be liable to Lessee or any other person for
direct or consequential damages or otherwise with respect to security measures. Lessee
acknowledges that any security service established by Owner hereunder may be at such
intervals and with such manpower as Owner may determine in its sole discretion. Lessee
further acknowledges that such security services are intended to be deterrent in nature and
Owner does not undertake to ensure that damage to persons or property will thereby be
prevented upon the Leased Premises or the Property. Lessee hereby releases Owner, its
partners and their respective members, partners, employees, agents, servants, contractors,
officers, directors and shareholders for, from and against any and all liability arising out of
these security services, except to the extent such liability shall result from the gross
negligence or willful misconduct of Owner, its employees, contractors or agents.
7. AS-IS, No Representations.
Prior to signing this Agreement, Lessee has inspected or caused to be inspected the Leased
Premises in the condition AS IS. No additional representation, statement or warranty of any
kind, express or implied, has been made by or on behalf of Owner as to such condition,
including but not limited to the fitness of any Leased Premises for Lessee’s intended uses. In
no event shall Owner be liable for any defect in the Leased Premises, its structures, or
appurtenances for any limitation on its use for the purposes contemplated by Lessee.
8. Compliance with Applicable Law.
Lessee and their Authorized Persons shall comply with all applicable requirements of the law,
whether federal, state or local, and obtain any governmental permits or approvals required in
conducting its POP operations on the Leased Premises.
9. Insurance and Subrogation.
At all times during the Term of this Master Lease, Lessee shall secure and maintain insurance
of such types and in such minimum amounts as set forth in this Section 9. Lessee shall submit
a certificate for each of the insurance policies identified herein prior to the commencement of
the Initial Term or any renewal term. Owner shall not be obligated under this Agreement until
Lessee furnishes such certificates of insurance. Each certificate shall state that thirty (30)
days’ advanced written notice will be given to Owner before any policy covered thereby is
canceled. Owner, its directors, officers and employees shall be listed as “additional insureds”
on all of the policies required by subsection 9.2 and 9.3 below. With respect to all required
policies of insurance, the Lessee shall cause its insurer to waive the insurer’s right of
subrogation with respect to Owner and its insurers. Lessee’s obligations to carry the insurance
required hereunder may be brought within the coverage of a so-called “blanket policy” or
policies of insurance carried and maintained by Lessee; provided, however, that the coverage
afforded Owner will not be reduced or diminished by reason of the use of a blanket policy of
insurance, and provided further that the requirements set forth in this paragraph are otherwise
satisfied.
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9.1. Workers’ Compensation.
Lessee agrees to provide and keep in full force and effect Workers’ Compensation
insurance pursuant to the laws of Colorado for all employees entering upon the
Property or Leased Premises. Lessee further agrees to require any contractor or
subcontractor to provide and keep in full force and effect Workers’ Compensation
insurance pursuant to the laws of Colorado, or any other state having comity with
Colorado, on any employees of said contractor or subcontractor entering upon the
Property or Leased Premises.
9.2. Comprehensive Automobile Liability Insurance. This insurance shall be written in
comprehensive form and shall protect Lessee against claims for injuries to members of
the public and damage to property of others arising from the use of motor vehicles,
and shall cover operation on or off the site of all motor vehicles licensed for highway
use, whether they are owned, non-owned, or hired. The liability limits shall not be less
than a One Million Dollar ($1,000,000) combined single limit each occurrence for
bodily injury and property damage.
9.3. Comprehensive General Liability. This insurance shall be written in comprehensive
form and shall protect Lessee against claims arising from injuries to members of the
public or damage to property of others arising out of an act or omission of Lessee or its
agents, employees, or subcontractors. This policy shall also include protection against
claims insured by usual personal injury liability coverage, a broad form property
coverage endorsement. The liability limits shall not be less than One Million Dollars
($1,000,000) combined single limit each occurrence for bodily injury and property
damage.
9.4. Subcontracts. Lessee agrees to include the insurance requirements set forth in this
Agreement in all of its subcontracts with parties that may enter the Property or Leased
Premises.
10. Indemnification.
To the extent permitted by law, Lessee agrees to indemnify and hold harmless Owner, and
its board members, officers, directors and employees, from any and all liabilities, losses, costs,
charges, obligations, expenses, reasonable attorneys’ fees, litigation, judgments, damages,
claims and demands of any kind from any third party which arise or alleged to arise, in any
manner, from the Lessee’s operations under this Agreement.
11. Redevelopment
Owner will be redeveloping the Property in a manner that will impact the Leased Premises
(hereinafter “Redevelopment”) and requires the lessee to vacate by or before November 30th,
2019. Time is of the essence.
12. Restoration and Maintenance.
Lessee shall maintain the premises in good condition and in the event that Lessee causes
damage to the Leased Premises, Common Areas, or Property of any kind during the course of
installing, operating, or maintaining its transmission equipment, Lessee shall repair the
damage and restore the Leased Premises, Common Areas, or Property at its sole cost and
expense, without delay or interruption. Restoration shall be to a condition that is equivalent to
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or better than the condition existing as of the commencement of this Master Lease, ordinary
wear and tear excepted, and to a condition reasonably satisfactory to Owner. Lessee shall
permit Owner to enter the Leased Premises at all times during usual business hours for the
purpose of inspecting the Leased Premises, provided that Lessee shall be entitled to have a
representative present at all time during Owner’s inspection and Owner shall not disturb or
interfere in any material respect with the transmission equipment. Owner shall give Lessee
seven (7) business days’ prior notice of Owner’s election to perform such inspection. If
Lessee refuses or neglects to make repairs or maintain the Leased Premises in a manner
reasonably satisfactory to Owner, Owner shall have the right, but not the duty, to make such
repairs or perform such maintenance, and Lessee shall be responsible for all costs associated
therewith. The cost of such work shall be paid by Lessee within forty-five (45) days after
receipt of an itemized bill therefor. In the event of an emergency, Lessee grants to Owner the
right to enter upon the Leased Premises after first making reasonable efforts to provide prior
notice to Lessee to perform any repairs that may, in Owner’s sole discretion, be deemed
necessary. Owner shall not be required to make repairs necessitated by the negligence or
misconduct of Lessee or Lessee's agents, servants, contractors, employees or invitees, or by
reason of the failure by Lessee to perform or observe any of its obligations contained in this
Master Lease, or caused by alterations, additions, or improvements made by or on behalf of
Lessee.
13. Notice.
All notices, demands and other communications hereunder shall be in writing and delivered
personally or by a nationally recognized overnight courier service or mailed (by registered or
certified mail, return receipt requested, postage prepaid) or faxed with a confirming notice,
addressed to the respective parties, as follows:
If to Lessee:
With copy to:
If to The Town Of Estes Park:
Linda Swoboda
PO BOX 1200
Estes Park CO, 80517
With copy to:
FullStack
Attn: Josh Cramer
PO BOX 1047
IOWA CITY, IA 52244
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or such additional parties or other address as such party may hereafter designate. Any notice
permitted or required to be given shall be deemed to have been given upon actual receipt or
refusal of delivery, when personally delivered or furnished, or sent by a nationally recognized
and reputable courier (such as U.P.S., Federal Express, Airborne, or the like) with delivery
charges prepaid, or by certified or registered mail, return receipt requested sent by the United
States Post Office, after being properly addressed and with postage prepaid.
14. Default.
The failure of either party to perform any of its obligations under this Agreement shall
constitute a default. In the event of a default, the non-defaulting party shall provide written
notice to the party in default specifying the nature of the failure to perform. The party in
default shall have thirty (30) days within which to cure such default; provided, however, if the
nature of the failure is such that more than thirty (30) days is reasonably necessary for its cure,
then the party in default shall be permitted sixty (60) days to cure such default if it
commences such cure within said thirty (30) days of such notice of default and diligently
prosecutes such cure to completion. If the party in default does not cure the default as
provided in this Section 14, the non-defaulting party shall have the right, but not the
obligation, to terminate this Agreement and to pursue any remedies available at law or in
equity.
15. Enforcement.
Any action to interpret or enforce this Agreement may be commenced in the District Court of
Larimer County in the State of Colorado. In any such action, the prevailing party shall be
entitled to an award of its reasonable costs and attorneys’ fees, in addition to any other relief
that may be awarded.
16. Binding Effect.
This Agreement shall inure to the benefit of and be binding upon the successors and permitted
assigns of the parties hereto.
17. No Assignment.
Lessee shall not assign this Agreement without Owner’s prior written consent, which consent
shall not be unreasonably withheld, except that Lessee may assign this Agreement without
Owner’s consent to any parent, subsidiary or affiliate of Lessee, or to any entity that acquires
all or substantially all of the assets or equity of Lessee by merger, sale, consolidation or
otherwise.
18. No Waiver.
The waiver by one party of the breach of any condition, covenant or agreement contained
herein, to be kept, observed or performed by the other party shall in no way impair the right of
a party to avail itself of any subsequent breach thereof.
19. Headings.
Paragraph headings used in this Agreement are for convenience of reference and shall in no
way control or affect the meaning or interpretation of any provision of this Agreement.
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20. Applicable Law.
This Agreement shall be construed in accordance with the laws of the State of Colorado.
21. No Partnership.
Nothing contained in this Master Lease shall be deemed or construed as creating an agency,
partnership or joint venture relationship between Owner and Lessee or between Owner and
any other party or cause Owner to be responsible in any way for the debts or obligations of
Lessee or any other party.
LESSEE: _____________________________________________________________________ By: _____________________________ State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) as of (Title of party signing) (Name of corporation) a corporation, on behalf of the corporation, this (State of incorporation) day of , 2019. Witness my hand and official Seal. My Commission expires . Notary Public
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TOWN OF ESTES PARK: By: _______________________________ Mayor
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this ______ day of _______, 20___, by ___________________ as Mayor of the Town of Estes Park. Witness my hand and official seal.
____________________________ Notary Public
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EXHIBIT A
Property Location: 1180 WOODSTOCK DR, ESTES PARK CO 80517-5454, in a
location within the building as designated by Owner
Square Feet: 60
Monthly Rent: $450.00
Inclusions: Electric and air-cooling
Exclusions: internet access
Special Terms and Conditions
Additional Equipment/Facilities to be
included at Lessee's expense:
Exterior Antenna and lattice structure tower
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UTILITIES DEPT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten
Date: September 10, 2019
RE: Lease a Portion of 1180 Woodstock Drive to Peak Broadband, Inc.
☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES ☐ NO
Objective:
To support construction and on-going operations of a high-speed broadband network for
businesses and residents, while supporting the continuity of services from private
businesses.
Present Situation:
The Town is purchasing the property at 1180 Woodstock to support the operations of
the broadband service. Peak Broadband (doing business as Estes Valley Networks) is
an existing broadband provider currently using the facilities. They are serving a number
of customers from this location. The Town’s property purchase agreement required the
previous owner to evict all current renters.
Colocation agreements are a telecommunication industry norm. The agreements are an
effective and efficient use of the infrastructure required to serve the public.
Platte River Power Authority provides colocation leases for telecommunication
equipment. They recently surveyed market lease rates and we’ve used this information
to establish a rate of $450 per month per computer cabinet.
Proposal:
Staff proposes we lease space to Peak Broadband for their equipment.
Advantages:
● The Town will be supporting the continuity of internet service to local businesses.
● Power and Communications will receive some revenue.
● The agreement establishes rights and expectations between us and the lessee.
79
Disadvantages:
We’ll need to work around their equipment during remodeling; however, we will be
installing similar equipment which will need the same level of care during the
remodeling.
Action Recommended:
Staff recommends approving the lease agreement through the ordinance.
Finance/Resource Impact:
Small. This will increase the Power and Communications revenues.
Level of Public Interest
Low; This is a behind the scenes activity taking place.
Sample Motion:
This will be on the consent agenda. If it is removed the following sample motion could
be used.
I move to approve/deny the Resolution.
Attachments:
Master Telecommunications Site Lease Agreement, Peak Broadband
Resolution 28-19, Master Telecommunications Site Lease Agreement
80
RESOLUTION 28-19
A RESOLUTION AUTHORIZING THE TOWN OF ESTES PARK TO LEASE
A PORTION OF THE REAL PROPERTY KNOWN AS 1180 WOODSTOCK DRIVE
(THE PREMISES) TO PEAK BROADBAND, INC.(TENANT)
WHEREAS, Colorado Revised Statutes, § 31-15-713, requires that all leases of
municipal property for one year or less be in the public interest and approved by ordinance
or resolution; and
WHEREAS, the Tenant described above desires to lease the Premises described
above, from the Town: telecommunications operations; and
WHEREAS, the Town Board finds that leasing the Premises for the stated
purposes is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Town Board authorizes the Mayor to sign a lease in a form substantially as
that now before the Board, for the Premises, to the Tenant.
DATED this day of , 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through:
From:
Date:
RE:
Town Administrator Lancaster
Duane Hudson, Finance Director
Sept 10, 2019
Resolution 29-19 Supplemental Budget Appropriations
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Amend the 2019 budget for additional projects and activities that were not known or
included in the original annual budget. This amendment includes appropriating for the
Police Canine Unit, consolidating the Facilities Need Assessment in the Community
Reinvestment Fund, and the de-bruced TABOR revenue transfers as detailed below.
Present Situation:
The following summarizes the proposed changes by Fund.
General Fund: Increase $2,912,261
The Police Canine Unit has received over $55,000 in donations with the possibility of
additional donations. Budgeted donation revenue was increased by the estimated total
of $65,000. Expenditure appropriations have been increased $28,430 for the purchase
of the dog, including associated travel, training, fencing and other equipment needed to
start up the unit. A police car already in the 2019 Vehicle Replacement Fund budget is
being repurposed for the Canine Unit and an additional $15,000 is being transferred to
cover those added costs. Any unused donations will be restricted for future Canine Unit
costs. In addition, $80,000 in funding for the Facilities Need Assessment will be
transferred to the Community Reinvestment Fund to consolidate this project into one
fund and one account.
The most significant change is the transfer of revenues per the Nov 2000 debrucing
ballot language. The ballot language required TABOR excess revenues to be
transferred into the Community Reinvestment Fund (CRF) and then used for specific
purposes, primarily to transfer back to the General Fund (GF) to pay eligible costs. The
TABOR excess revenues were used for these eligible purposes but the transfer into
CRF and back out of CRF were not recorded. This budget amendment allows for this
transfer to be formally documented and accounted for in a more transparent manner.
95
The funds will be transferred to CRF and then at the end of the year, actual eligible
costs will be identified and funds transferred back to the GF to cover those costs. The
2019 TABOR excess revenue to be transferred to the CRF is estimated at $4,257,994.
$2,788,831 will be transferred back to the GF.
Community Reinvestment Fund: Increase $2,868,831
This increase includes appropriating $80,000 for the Facilities Need Assessment
(project total $180,000) and then the TABOR excess revenue transfer back to the GF
for $2,788,831as explained above.
Vehicle Replacement Fund: Increase $15,000
Appropriates an additional $15,000 funding transferred from the GF to complete
outfitting the Police Canine Unit vehicle.
Proposal:
To complete these items, the moneys must be appropriated within the proper funds.
The attached budget resolution provides for the required appropriations.
Advantages:
The Town will be able to complete these projects and make the operational changes as
proposed and requested.
Disadvantages:
This will appropriate Town funds for these purposes, reducing funding available for
other purposes.
Action Recommended:
Staff recommends approval of the supplemental budget resolution as presented.
Finance/Resource Impact:
After reflecting these changes, the General Fund is projected to end 2019 with a 25.9%
fund balance. Each fund is expected to end 2019 with a positive fund balance as well.
Level of Public Interest
The amount of public interest in these amendments is expected to be minimal. There
has been significant support for the Police Canine Unit program as evidenced by the
amount of donations received.
Sample Motion:
I move for the approval/denial of Resolution #29-19 Supplemental Budget
Appropriations to the 2019 Budget.
Attachments:
Attachment A – Resolution # 29-19 Supplemental Budget Appropriations to the 2019
Budget
Attachment B – Recap of proposed Budget Amendments and supporting schedules
96
RESOLUTION NO. 29-19
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2019
annual budget in accordance with the Local Government Budget Law on November 27th, 2018;
and
WHEREAS, additional projects and activities have been identified that were not known or
included in the original annual budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate the revenues
provided in the budget to and for the purposes described below, so as not to impair the
operations of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
That the appropriations be increased by $5,796,092 for the funds specified below and
these amounts are hereby appropriated from additional revenue or available fund balance of
each fund.
Fund
#
Fund Name Existing
Appropriations
Amendment Amended
Appropriations
101 General Fund 21,408,847 2,912,261 24,321,108
204 Community Reinvestment Fund 3,155,696 2,868,831 6,024,527
211 Conservation Trust Fund 40,446 0 40,446
220 Larimer County Open Space Fund 1,707,087 0 1,707,087
236 Emergency Response System Fund 400,580 0 400,580
238 Community Center Fund 768,392 0 768,392
244 Trails Fund 1,011,073 0 1,011,073
260 Street Fund 4,902,452 0 4,902,452
502 Power and Communications Fund 23,717,017 0 23,717,017
503 Water Fund 9,882,357 0 9,882,357
606 Medical Insurance Fund 2,352,416 0 2,352,416
612 Fleet Maintenance Fund 486,672 0 486,672
625 Information Technology Fund 904,374 0 904,374
635 Vehicle Replacement Fund 614,465 15,000 629,465
645 Risk Management Fund 283,947 0 283,947
Total All Funds 71,635,821 5,796,092 77,431,913
Attachment A 97
ADOPTED this 10th day of Sept, 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Attachment A 98
ϭϬϭϮϬϰϮϭϭϮϮϬϮϯϲϮϯϴϮϰϰϮϲϬ' E Z>&hEKDDhE/dzZ /Es ^dD EdKE^ Zsd/KEdZh^d>Z/D ZKhEdzKW E^W D Z' EzZ ^WKE^ KDDhE/dz Ed ZdZ/>^^dZ dΨϮϮ͕Ϭϯϭ͕ϴϰϰΨϰ͕ϲϲϱ͕ϰϵϰΨϯϮ͕ϯϬϬΨϭ͕ϭϲϳ͕ϬϬϬΨϰϬϮ͕Ϭϴϵ Ψϳϲϴ͕ϯϵϮ Ψϭ͕ϬϮϮ͕ϭϵϲΨϭ͕ϴϱϵ͕ϭϰϮϮϰ͕ϯϮϭ͕ϭϬϴϲ͕ϬϮϰ͕ϱϮϳϰϬ͕ϰϰϲ ϭ͕ϳϬϳ͕ϬϴϳϰϬϬ͕ϱϴϬϳϲϴ͕ϯϵϮ ϭ͕Ϭϭϭ͕Ϭϳϯ ϰ͕ϵϬϮ͕ϰϱϮ;Ϯ͕Ϯϴϵ͕ϮϲϰͿ ;ϭ͕ϯϱϵ͕ϬϯϯͿ;ϴ͕ϭϰϲͿ ;ϱϰϬ͕ϬϴϳͿϭ͕ϱϬϵϬϭϭ͕ϭϮϯ ;ϯ͕Ϭϰϯ͕ϯϭϬͿϴ͕ϲϱϮ͕ϵϲϭ ϭ͕ϯϱϵ͕ϬϵϵϳϬ͕ϲϬϱϱϱϯ͕ϰϳϲϳϵ͕ϯϲϯϬϲϭϮ͕ϳϮϭ ϯ͕ϱϱϳ͕ϵϱϮΨϲ͕ϯϲϯ͕ϲϵϳΨϲϲΨϲϮ͕ϰϱϵΨϭϯ͕ϯϴϵΨϴϬ͕ϴϳϮΨϬ ΨϲϮϯ͕ϴϰϰΨϱϭϰ͕ϲϰϮϲϬ͕ϬϬϬϲϬ͕ϬϬϬϮϱ͘ϵйϱϬϮϱϬϯϲϬϲϲϭϮϲϮϱϲϯϱϲϰϱWKt ZEKDDhE/d/KE^ td ZD />/E^hZE &> d/E&KZDd/KEd ,EK>K'zs ,/> Z W> D EdZ/^<DE' D Ed dKd>Ψϭϳ͕ϰϬϵ͕ϲϮϵΨϱ͕ϳϲϳ͕ϵϲϰΨϮ͕ϱϭϮ͕ϰϰϯ ΨϱϬϯ͕Ϭϱϯ Ψϴϰϴ͕Ϯϯϭ ΨϰϴϬ͕ϴϵϴΨϮϴϯ͕ϵϰϳΨϱϵ͕ϳϱϰ͕ϲϮϮϮϯ͕ϳϭϳ͕Ϭϭϳϵ͕ϴϴϮ͕ϯϱϳϮ͕ϯϱϮ͕ϰϭϲϰϴϲ͕ϲϳϮϵϬϰ͕ϯϳϰϲϮϵ͕ϰϲϱϮϴϯ͕ϵϰϳ ϳϳ͕ϰϯϭ͕ϵϭϯ;ϲ͕ϯϬϳ͕ϯϴϴͿ ;ϰ͕ϭϭϰ͕ϯϵϯͿ ϭϲϬ͕ϬϮϳϭϲ͕ϯϴϭ;ϱϲ͕ϭϰϯͿ ;ϭϰϴ͕ϱϲϳͿϬ ;ϭϳ͕ϲϳϳ͕ϮϵϭͿϴ͕ϵϲϵ͕ϲϴϭ ϲ͕ϴϮϬ͕ϲϭϵ ϭ͕ϮϮϴ͕ϴϬϯϰϳϳ͕ϭϯϱϮϳϲ͕Ϯϵϳϯϭϭ͕ϯϳϮϬ ϯϮ͕ϵϳϬ͕ϬϴϰdKtEK& ^d ^WZ< Z WK&WZKWK^ h' d:h^dD Ed^ &KZz Z E ϭϮͲϯϭͲϮϬϭϵ Z ^K>hd/KEϮ9Ͳϭϵ^K&^ĞƉƚϭϬ͕ϮϬϭϵZĞǀĞŶƵĞƐ͕ƐŵĞŶĚĞĚ džƉĞŶƐĞƐ͕ƐŵĞŶĚĞĚEĞƚ ƐƚŝŵĂƚĞĚĞŐŝŶŶŝŶŐ&ƵŶĚĂůĂŶĐĞ͕ϭͬϭͬϭϵ ƐƚŝŵĂƚĞĚ ŶĚŝŶŐ&ƵŶĚĂůĂŶĐĞ͕ϭϮͬϯϭͬϭϵƵĚŐĞƚZĞƐĞƌǀĞƐ EŽŶƐƉĞŶĚĂďůĞWƌĞƉĂŝĚ&ƵŶĚĂůΘZĞƐƚƌŽŶĂƚŝŽŶƐ dŽƚĂůZĞƐƚƌŝĐƚĞĚ&ƵŶĚĂůĂŶĐĞZĞǀĞŶƵĞƐ͕ƐŵĞŶĚĞĚ džƉĞŶƐĞƐ͕ƐŵĞŶĚĞĚEĞƚ ƐƚŝŵĂƚĞĚĞŐŝŶŶŝŶŐ&ƵŶĚĂůĂŶĐĞ͕ϭͬϭͬϭϵ ƐƚŝŵĂƚĞĚ ŶĚŝŶŐ&ƵŶĚĂůĂŶĐĞ͕ϭϮͬϯϭͬϭϵΨϮ͕ϲϲϮ͕Ϯϵϯ ΨϮ͕ϳϬϲ͕ϮϮϲΨϭ͕ϯϴϴ͕ϴϯϬΨϰϵϯ͕ϱϭϲΨϮϮϬ͕ϭϱϰΨϭϲϮ͕ϴϬϱΨϬ Ψϭϱ͕ϮϵϮ͕ϳϵϯAttachment B99
dKtEK& ^d ^WZ< ^hDDZzK&Ed//Wd Z s Eh :h^dD Ed^ &KZz Z E ϭϮͲϯϭͲϮϬϭϵZ ^K>hd/KEϮ9Ͳϭϵ^K&^ĞƉƚϭϬ͕ϮϬϭϵ&ƵŶĚͬĞƉƚ &ƵŶĚEĂŵĞƵƌƌĞŶƚƵĚŐĞƚŵĞŶĚŵĞŶƚƵĚŐĞƚƐŵĞŶĚĞĚϭϬϭ ' E Z>&hEϭϴ͕ϴϭϳ͕ϵϲϵϯ͕Ϯϭϯ͕ϴϳϱϮϮ͕Ϭϯϭ͕ϴϰϰϮϬϰ KDDhE/dzZ /Es ^dD Edϭ͕ϳϵϲ͕ϲϲϯϮ͕ϴϲϴ͕ϴϯϭϰ͕ϲϲϱ͕ϰϵϰϮϭϭ KE^ Zsd/KEdZh^dϯϮ͕ϯϬϬ Ͳ ϯϮ͕ϯϬϬϮϮϬ >Z/D ZKhEdzKW E^W ϭ͕ϭϲϳ͕ϬϬϬ Ͳ ϭ͕ϭϲϳ͕ϬϬϬϮϯϲ D Z' EzZ ^WKE^ ϰϬϮ͕Ϭϴϵ Ͳ ϰϬϮ͕ϬϴϵϮϯϴ KDDhE/dz Ed Z ϳϲϴ͕ϯϵϮ Ͳ ϳϲϴ͕ϯϵϮϮϰϰ dZ/>^ ϭ͕ϬϮϮ͕ϭϵϲ Ͳ ϭ͕ϬϮϮ͕ϭϵϲϮϲϬ ^dZ d ϭ͕ϴϱϵ͕ϭϰϮ Ͳ ϭ͕ϴϱϵ͕ϭϰϮϱϬϮ WKt ZEKDDhE/d/KE^ ϭϳ͕ϰϬϵ͕ϲϮϵ Ͳ ϭϳ͕ϰϬϵ͕ϲϮϵϱϬϯ td Z ϱ͕ϳϲϳ͕ϵϲϰ Ͳ ϱ͕ϳϲϳ͕ϵϲϰϲϬϲ D />/E^hZE Ϯ͕ϱϭϮ͕ϰϰϯ Ͳ Ϯ͕ϱϭϮ͕ϰϰϯϲϭϮ &> d ϱϬϯ͕Ϭϱϯ Ͳ ϱϬϯ͕ϬϱϯϲϮϱ /E&KZDd/KEd ,EK>K'z ϴϰϴ͕Ϯϯϭ Ͳ ϴϰϴ͕Ϯϯϭϲϯϱ s ,/> Z W> D Ed ϰϲϱ͕ϴϵϴ ϭϱ͕ϬϬϬ ϰϴϬ͕ϴϵϴϲϰϱ Z/^<DE' D Ed Ϯϴϯ͕ϵϰϳ Ͳ Ϯϴϯ͕ϵϰϳdKd> ϱϯ͕ϲϱϲ͕ϵϭϲ ϲ͕Ϭϵϳ͕ϳϬϲ ϱϵ͕ϳϱϰ͕ϲϮϮAttachment B100
dKtEK& ^d ^WZ< ^hDDZzK&^hWW> D Ed>WWZKWZ/d/KE^ &KZz Z E ϭϮͲϯϭͲϮϬϭϵ Z ^K>hd/KEϮ9Ͳϭϵ^K&^ĞƉƚϭϬ͕ϮϬϭϵ&ƵŶĚͬĞƉƚ &ƵŶĚEĂŵĞƵƌƌĞŶƚƵĚŐĞƚ ŵĞŶĚŵĞŶƚƵĚŐĞƚƐŵĞŶĚĞĚϭϬϭ ' E Z>&hEϭϬϭͲϭϭϬϬ >ĞŐŝƐůĂƚŝǀĞϯϬϴ͕ϬϴϭͲϯϬϴ͕ϬϴϭϭϬϭͲϭϭϵϬ dŽǁŶƚƚŽƌŶĞLJϮϯϮ͕ϱϰϭͲϮϯϮ͕ϱϰϭϭϬϭͲϭϮϬϬ :ƵĚŝĐŝĂůϴϬ͕ϳϲϬͲϴϬ͕ϳϲϬϭϬϭͲϭϯϬϬ dŽǁŶĚŵŝŶŝƐƚƌĂƚŽƌΖƐKĨĨŝĐĞϯϵϮ͕ϲϰϳͲϯϵϮ͕ϲϰϳϭϬϭͲϭϰϬϬ dŽǁŶůĞƌŬΖƐKĨĨŝĐĞϱϯϳ͕ϳϭϯͲϱϯϳ͕ϳϭϯϭϬϭͲϭϱϬϬ &ŝŶĂŶĐĞϱϰϮ͕ϴϯϵͲϱϰϮ͕ϴϯϵϭϬϭͲϭϲϬϬ ŽŵĞǀ;WůĂŶŶŝŶŐͿϭ͕Ϯϲϯ͕ϬϴϯͲϭ͕Ϯϲϯ͕ϬϴϯϭϬϭͲϭϳϬϬ &ĂĐŝůŝƚŝĞƐϭ͕ϱϭϴ͕ϮϬϯͲϭ͕ϱϭϴ͕ϮϬϯϭϬϭͲϭϴϬϬ ŵƉůŽLJĞĞĞŶĞĨŝƚƐϭϵϰ͕ϭϴϬͲϭϵϰ͕ϭϴϬϭϬϭͲϭϵϬϬ ŽŵŵƵŶŝƚLJ^ĞƌǀŝĐĞ'ƌĂŶƚƐϭ͕ϭϴϯ͕ϵϯϱͲϭ͕ϭϴϯ͕ϵϯϱϭϬϭͲϮϭϬϬ WŽůŝĐĞͲWĂƚƌŽůϯ͕ϳϴϲ͕ϬϭϰϮϴ͕ϰϯϬϯ͕ϴϭϰ͕ϰϰϰϭϬϭͲϮϭϱϱ WŽůŝĐĞͲŽŵŵƵŶŝĐĂƚŝŽŶƐϵϴϴ͕ϴϭϲͲϵϴϴ͕ϴϭϲϭϬϭͲϮϭϳϱ WŽůŝĐĞͲŽŵŵ^ǀĐƐϯϳϭ͕ϱϱϭͲϯϳϭ͕ϱϱϭϭϬϭͲϮϭϴϱ WŽůŝĐĞͲŽĚĞ ŶĨŽƌĐĞŵĞŶƚϴϵ͕ϳϬϮͲϴϵ͕ϳϬϮϭϬϭͲϮϯϬϬ ƵŝůĚŝŶŐ^ĂĨĞƚLJŝǀŝƐŽŶϲϳϯ͕ϮϳϲͲϲϳϯ͕ϮϳϲϭϬϭͲϮϰϬϬ ŶŐŝŶĞĞƌŝŶŐϯϲϰ͕ϮϴϰͲϯϲϰ͕ϮϴϰϭϬϭͲϮϲϬϬ sŝƐŝƚŽƌĞŶƚĞƌϲϬϰ͕ϰϱϰͲϲϬϰ͕ϰϱϰϭϬϭͲϯϭϬϬ ^ƚƌĞĞƚƐϭ͕ϯϭϮ͕ϬϮϳͲϭ͕ϯϭϮ͕ϬϮϳϭϬϭͲϱϮϬϬ WĂƌŬƐϭ͕ϮϱϬ͕ϱϯϵͲϭ͕ϮϱϬ͕ϱϯϵϭϬϭͲϱϯϬϰ ^ĞŶŝŽƌĞŶƚĞƌϮϮϰͲϮϮϰϭϬϭͲϱϱϬϬ ^ƉĞĐŝĂů ǀĞŶƚƐϮ͕ϭϲϳ͕ϬϲϯͲϮ͕ϭϲϳ͕ϬϲϯϭϬϭͲϱϲϬϬ dƌĂŶƐƉŽƌƚĂƚŝŽŶϭ͕ϰϴϯ͕ϰϬϴͲϭ͕ϰϴϯ͕ϰϬϴϭϬϭͲϱϲϵϬ WĂƌŬŝŶŐ^ĞƌǀŝĐĞƐϮϱϴ͕ϵϴϭͲϮϱϴ͕ϵϴϭϭϬϭͲϱϳϬϬ DƵƐĞƵŵϰϭϱ͕ϯϲϯͲϰϭϱ͕ϯϲϯϭϬϭͲϵϬϬϬ dƌĂŶƐĨĞƌƐϭ͕ϯϴϵ͕ϭϲϯϮ͕ϴϴϯ͕ϴϯϭϰ͕ϮϳϮ͕ϵϵϰAttachment B101
dKtEK& ^d ^WZ< ^hDDZzK&^hWW> D Ed>WWZKWZ/d/KE^ &KZz Z E ϭϮͲϯϭͲϮϬϭϵ Z ^K>hd/KEϮ9Ͳϭϵ^K&^ĞƉƚϭϬ͕ϮϬϭϵ&ƵŶĚͬĞƉƚ &ƵŶĚEĂŵĞƵƌƌĞŶƚƵĚŐĞƚ ŵĞŶĚŵĞŶƚƵĚŐĞƚƐŵĞŶĚĞĚϭϬϭ ' E Z>&hEϮϭ͕ϰϬϴ͕ϴϰϳϮ͕ϵϭϮ͕ϮϲϭϮϰ͕ϯϮϭ͕ϭϬϴϮϬϰ KDDhE/dzZ /Es ^dD Edϯ͕ϭϱϱ͕ϲϵϲϮ͕ϴϲϴ͕ϴϯϭϲ͕ϬϮϰ͕ϱϮϳϮϭϭ KE^ Zsd/KEdZh^dϰϬ͕ϰϰϲ Ͳ ϰϬ͕ϰϰϲϮϮϬ >Z/D ZKhEdzKW E^W ϭ͕ϳϬϳ͕Ϭϴϳ Ͳ ϭ͕ϳϬϳ͕ϬϴϳϮϯϲ D Z' EzZ ^WKE^ ϰϬϬ͕ϱϴϬ Ͳ ϰϬϬ͕ϱϴϬϮϯϴ KDDhE/dz Ed Z ϳϲϴ͕ϯϵϮ Ͳ ϳϲϴ͕ϯϵϮϮϰϰ dZ/>^ ϭ͕Ϭϭϭ͕Ϭϳϯ Ͳ ϭ͕Ϭϭϭ͕ϬϳϯϮϲϬ ^dZ d ϰ͕ϵϬϮ͕ϰϱϮ Ͳ ϰ͕ϵϬϮ͕ϰϱϮϱϬϮ WKt ZEKDDhE/d/KE^ Ϯϯ͕ϳϭϳ͕Ϭϭϳ Ͳ Ϯϯ͕ϳϭϳ͕ϬϭϳϱϬϯ td Z ϵ͕ϴϴϮ͕ϯϱϳ Ͳ ϵ͕ϴϴϮ͕ϯϱϳϲϬϲ D />/E^hZE Ϯ͕ϯϱϮ͕ϰϭϲ Ͳ Ϯ͕ϯϱϮ͕ϰϭϲϲϭϮ &> d ϰϴϲ͕ϲϳϮ Ͳ ϰϴϲ͕ϲϳϮϲϮϱ /E&KZDd/KEd ,EK>K'z ϵϬϰ͕ϯϳϰ Ͳ ϵϬϰ͕ϯϳϰϲϯϱ s ,/> Z W> D Ed ϲϭϰ͕ϰϲϱ ϭϱ͕ϬϬϬ ϲϮϵ͕ϰϲϱϲϰϱ Z/^<DE' D Ed Ϯϴϯ͕ϵϰϳ Ͳ Ϯϴϯ͕ϵϰϳdKd>>>&hE^ ϳϭ͕ϲϯϱ͕ϴϮϭ ϱ͕ϳϵϲ͕ϬϵϮ ϳϳ͕ϰϯϭ͕ϵϭϯAttachment B102
WƌŽũĞĐƚ KhEdEhD Z KhEd ^Z/Wd/KE ĂůĂŶĐĞĞĨŽƌĞ ηϰͲƵĚŐĞƚ ŵĞŶĚĞĚϮϬϭϵ>' ϭϬϭͲϭϭϵϬͲϰϭϵ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϮϮ͕ϬϬϬͲϮϮ͕ϬϬϬ&Θ& ϭϬϭͲϭϭϵϬͲϰϭϵ͘ϯϮͲϮϮ &hZE/dhZ ͬ&/ydhZ ^Ϯϱ͕ϬϬϬͲϮϱ͕ϬϬϬs dDKE ϭϬϭͲϭϯϬϬͲϰϭϯ͘ϯϭͲϭϯ >E/DWZKs D Ed^ͲͲͲt/>>ϭϳ ϭϬϭͲϭϯϬϬͲϰϭϯ͘ϯϭͲϭϯ >E/DWZKs D Ed^Ϯϭ͕ϬϭϵͲϮϭ͕ϬϭϵKD'd ϭϬϭͲϭϰϬϬͲϰϭϰ͘ϯϳͲϬϭ ^K&dtZ ϯϱ͕ϬϬϬͲϯϱ͕ϬϬϬ s>d'd ϭϬϭͲϭϲϬϬͲϰϭϲͲϮϮͲϭϯ KEdZdͬ^</>> ^s^ͲͲͲ&>ZKK& ϭϬϭͲϭϳϬϬͲϰϭϳ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϭϱϬ͕ϬϬϬͲϭϱϬ͕ϬϬϬd,t/E ϭϬϭͲϭϳϬϬͲϰϭϳ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϭϮϱ͕ϬϬϬͲϭϮϱ͕ϬϬϬt&,Kh^ ϭϬϭͲϭϳϬϬͲϰϭϳ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ͲͲͲWZKK& ϭϬϭͲϭϳϬϬͲϰϭϳ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϭϮϬ͕ϬϬϬͲϭϮϬ͕ϬϬϬDKZ ^d ϭϬϭͲϭϳϬϬͲϰϭϳ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϴϲ͕ϭϬϬͲϴϲ͕ϭϬϬ ϭϬϭͲϭϳϬϬͲϰϭϳ͘ϯϯͲϯϮ K&&/ Yh/WD EdϭϬ͕ϬϬϬͲϭϬ͕ϬϬϬ^ D ϭϬϭͲϭϳϬϬͲϰϭϳ͘ϯϯͲϯϮ K&&/ Yh/WD Edϭϰ͕ϮϰϵͲϭϰ͕ϮϰϵW<'Z ^ ϭϬϭͲϭϳϬϬͲϰϭϳͲϯϳͲϵϵ D/Ed EE Z ^ Zs ϭϮ͕ϬϬϬͲϭϮ͕ϬϬϬWdZ>Z ϭϬϭͲϮϭϬϬͲϰϮϭ͘ϯϰͲϰϭ hdKDK/> ^ͲͲͲ'ϱϭ ϭϬϭͲϮϭϬϬͲϰϮϭ͘ϯϰͲϰϭ hdKDK/> ^ϰϰ͕ϭϭϳͲϰϰ͕ϭϭϳ'ϭϱϮ ϭϬϭͲϮϭϴϱͲϰϮϭ͘ϯϰͲϰϭ hdKDK/> ^ϯϰ͕ϲϭϭͲϯϰ͕ϲϭϭϴϬϬD, ϭϬϭͲϮϭϱϱͲϰϮϭͲϯϯͲϯϮ K&&/ Yh/WD EdϭϬ͕ϵϬϴͲϭϬ͕ϵϬϴDKZZ' ϭϬϭͲϮϰϬϬͲϰϮϰ͘ϮϮͲϬϮ E'/E Z/E'ͲͲͲ^dKZD ϭϬϭͲϮϰϬϬͲϰϮϰ͘ϮϮͲϬϮ E'/E Z/E'ͲͲͲ^dD& ϭϬϭͲϮϰϬϬͲϰϮϰ͘ϮϮͲϬϮ E'/E Z/E'ͲͲͲsKKZ ϭϬϭͲϮϲϬϬͲϰϮϲͲϯϮͲϮϮ h/>/E'Z DK >/E'ϱϱ͕ϬϬϬͲϱϱ͕ϬϬϬ&,t& ϭϬϭͲϯϭϬϬͲϰϯϭ͘ϮϮͲϬϮ E'/E Z/E'ͲͲͲϱd ϭϬϭͲϯϭϬϬͲϰϯϭ͘ϮϮͲϬϮ E'/E Z/E'ͲͲͲ^d^EZ ϭϬϭͲϯϭϬϬͲϰϯϭ͘ϯϰͲϵϴ Kd, ZD,/E Zzͬ Yh/WD EdͲͲͲt'W>Kt ϭϬϭͲϯϭϬϬͲϰϯϭ͘ϯϰͲϵϴ Kd, ZD,/E Zzͬ Yh/WD EdϮϰ͕ϬϬϬͲϮϰ͕ϬϬϬ^WZE ϭϬϭͲϯϭϬϬͲϰϯϭ͘ϯϱͲϱϯ ^dKZDZ/E' ϭϬ͕ϮϱϲͲϭϬ͕Ϯϱϲ&,t& ϭϬϭͲϯϭϬϬͲϰϯϭ͘ϯϲͲϱϱ &,tͲ&/^,Z <Z W/Z^ͲͲͲϱd ϭϬϭͲϯϭϬϬͲϰϯϭ͘ϯϲͲϱϱ &,tͲ&/^,Z <Z W/Z^ͲͲͲ Zd ϭϬϭͲϱϮϬϬͲϰϱϮ͘ϯϰͲϵϴ Kd, ZD,/E Zzͬ Yh/WD EdͲͲͲ ^EZ ϭϬϭͲϱϮϬϬͲϰϱϮ͘ϯϰͲϵϴ Kd, ZD,/E Zzͬ Yh/WD EdͲͲͲt ^W ϭϬϭͲϱϮϬϬͲϰϱϮ͘ϯϰͲϵϴ Kd, ZD,/E Zzͬ Yh/WD EdͲͲͲZE&d ϭϬϭͲϱϱϬϬͲϰϱϱ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ͲͲͲ ^d ϭϬϭͲϱϱϬϬͲϰϱϱ͘ϯϯͲϯϭ &hZE/dhZ ͬ&/ydhZ ^ϲϬ͕ϬϬϬͲϲϬ͕ϬϬϬD^d' ϭϬϭͲϱϱϬϬͲϰϱϱ͘ϯϯͲϵϴ Kd, Z Yh/WD EdͲͲͲ^WD^dW ϭϬϭͲϱϱϬϬͲϰϱϱ͘ϯϱͲϲϮ D^d ZW>E^ϭϰ͕ϵϬϵͲϭϰ͕ϵϬϵdKtEK& ^d ^WZ< ^, h> K&W/d>WZK: d^ &KZz Z E ϭϮͲϯϭͲϮϬϭϵZ ^K>hd/KEϮ9Ͳϭϵ^K&^ĞƉƚϭϬ͕ϮϬϭϵWƌŽũĞĐƚEĂŵĞͬĞƐĐƌŝƉƚŝŽŶ /dzddKZE z>'Z DK > /dzddKZE zK&&/ &hZE/dhZ Θ&/ydhZ ^ s d ZE^D DKZ/>WZK: d t/>>Kt<EK>>^> 'zWZK: d KhD EdDE' D Ed^K&dtZ Θ Yh/W s>EdZh^dK^ΘKhdKKZZ W>E &> dͬ^dZ d^ZKK& dKtE,>>t/EKt^;Θ^^/ Ϳ tKZ<&KZ ,Kh^/E'WZK: dD'd WZKK&Z W> D Ed Wh>/Z ^dZKKDZ DK >ͲDKZ/E DW ^ Zs ZZKKD ^ hZ/dzD Z^W,^ Ϯ WZ</E''Z' D/Ed EE Z ^ Zs W Yh/WD EddZ/> Z W, sd,K ;Z W>tZ < hE/d'ϱϭͿ W&KZZE' Z;K E&KZ D EdͿ ϴϬϬD,/^Wd,KE^K> hW'Z DKZ/E s Z/' ^dKZDtd ZD^d ZW>E ^dKZDtd Zhd/>/dz& ^//>/dz^dhz s/^/dKZ Ed ZD/EKKZZ W> D Ed &/^,Z <ZKZ W/Z^&/^,Z <ZKZ W/Z^ ^E ZZ W> D Ed^ͲϮt/E'^dz> ^EKtW>Kt^W EZZ/E' &/^,Z <ZKZ W/Z^&/^,Z <ZKZ W/Z^ :Zdϰyϰ ^E ZZ W> D EdͲϭdsΘt ^WZz Z Z h/>Z E&KKd/E'd s Ed Ed Z s Ed Ed ZKh^d//DWZKs D Ed DK/> ^d' ^dE> zWZ<D^d ZW>E Z >d/D W^^ E' Z/E&KZDd/KE^ Zs/ Zd/E&K ϭϬϭͲϱϲϬϬͲϰϱϲ͘ϯϯͲϯϯ dWZK ^^/E' Yh/WD EdͲͲͲAttachment B103
WƌŽũĞĐƚEĂŵĞͬĞƐĐƌŝƉƚŝŽŶWƌŽũĞĐƚ KhEdEhD Z KhEd ^Z/Wd/KE ĂůĂŶĐĞĞĨŽƌĞ ηϰͲƵĚŐĞƚ ŵĞŶĚĞĚϮϬϭϵs Z/KEKEE d/s/dzEEh>& ^E ϭϬϭͲϱϲϬϬͲϰϱϲ͘ϯϯͲϯϯ dWZK ^^/E' Yh/WD EdͲͲͲ > dZ/dZK>> z >dZK> ϭϬϭͲϱϲϬϬͲϰϱϲ͘ϯϰͲϰϮ s ,/> ^ͬdZh<^ϰϲϬ͕ϬϬϬͲϰϲϬ͕ϬϬϬdZK>> z,Z'/E'^dd/KEͲϮE'ZEd >dZ>Ϯ ϭϬϭͲϱϲϬϬͲϰϱϲ͘ϯϰͲϰϮ s ,/> ^ͬdZh<^ϰϳϱ͕ϬϬϬͲϰϳϱ͕ϬϬϬWZ</E'^ Zs/ ^K&dtZ Θ Yh/WW<^K&d ϭϬϭͲϱϲϵϬͲϱϲϵ͘ϯϯͲϯϯ dWZK ^^/E' Yh/WD EdϭϬϯ͕ϴϴϮͲϭϬϯ͕ϴϴϮWZ</E'WdZK>s ,/> 'ϮϭϮ ϭϬϭͲϱϲϵϬͲϱϲϵ͘ϯϰͲϰϮ s ,/> ^ͬdZh<^ϴ͕ϬϬϬͲϴ͕ϬϬϬDh^ hD^ hZ/dzD Z^Dh^ ϭϬϭͲϱϳϬϬͲϰϱϳ͘ϯϯͲϯϭ &hZE/dhZ ͬ&/ydhZ ^ϱ͕ϬϬϬͲϱ͕ϬϬϬΎdKd>' E Z>&hEϭ͕ϵϮϲ͕ϬϱϭͲϭ͕ϵϮϲ͕ϬϱϭΎdKtEt/ &/>/d/ ^^W E ^^dhzΎ^W ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϮϮͲϵϴ WZK&^s^ͲKd, ZϭϬϬ͕ϬϬϬϴϬ͕ϬϬϬϭϴϬ͕ϬϬϬDh^ hDK>> d/KE^EZ ^ Z,&/>/dzDh^K> ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϮͲϮϮ h/>/E'^ϳϯ͕ϳϮϬͲϳϯ͕ϳϮϬDh^ hDZ DK >Dh^Z D ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϮͲϮϮ h/>/E'^ϭϳϬ͕ϵϵϵͲϭϳϬ͕ϵϵϵWZ</E''Z' KhEd ZΘKD Yh/WWKhEd ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϯͲϵϴ Kd, Z Yh/WD EdϰϬ͕ϬϬϬͲϰϬ͕ϬϬϬKZZKKDsZ W> D EdsZD ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϯͲϵϴ Yh/WD EdͲKd, ZϯϬϬ͕ϬϬϬͲϯϬϬ͕ϬϬϬKDDhE/dzZ/Ed Z^ d/KEKE^dZhd/KE/EdZ ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϱͲϱϭ ^dZ d^Ϯϲϴ͕ϮϰϰͲϮϲϴ͕ϮϰϰKDDhE/dzZ E'/E Z/E' ^/'EKDDZ ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϱͲϱϭ ^dZ d^ϯϴϬ͕ϭϵϬͲϯϴϬ͕ϭϵϬDKZ/E s Z/' DKZZ' ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϱͲϱϭ ^dZ d^ϯϯϭ͕ϱϯϴͲϯϯϭ͕ϱϯϴ ><,KZED/>>Θ&/>>ͲϯϰͬϯϲdKDKZ/E ><Ws ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϱͲϱϭ ^dZ d^ϱϬϬ͕ϬϬϬͲϱϬϬ͕ϬϬϬKtEdKtEtz&/E/E'WZK: dtz&E ϮϬϰͲϱϰϬϬͲϱϰϰ͘ϯϱͲϲϯ tz&/E/E'^/'E' ϱϬ͕ϬϬϬͲϱϬ͕ϬϬϬΎdKd>KDDhE/dzZ /Es ^dD Ed&hEϮ͕Ϯϭϰ͕ϲϵϭϴϬ͕ϬϬϬϮ͕Ϯϵϰ͕ϲϵϭΎ^KddWKE^;ZZ/' ,/>>^ͿD', ϮϮϬͲϰϲϬϬͲϰϲϮ͘ϮϮͲϬϮ E'/E Z/E'ϱ͕ϭϰϬͲϱ͕ϭϰϬ&/^,Z <dZ/>ϭϭd' ϮϮϬͲϰϲϬϬͲϰϲϮ͘ϮϮͲϬϮ t><tz^Θ/< tz^ϵϬ͕ϱϯϴͲϵϬ͕ϱϯϴDKZ/E s Z/' DKZZ' ϮϮϬͲϰϲϬϬͲϰϲϮ͘ϯϱͲϲϬ t><tz^Θ/< tz^ϵϴ͕ϱϳϯͲϵϴ͕ϱϳϯ&/^,Z <dZ/> ϭϭd' ϮϮϬͲϰϲϬϬͲϰϲϮ͘ϯϱͲϲϬ t><tz^Θ/< tz^ Ͳ Ͳ Ͳ/WͲWZ<^/ZZ/'^z^d D^ >/E KEdZK>> Z^ WZ</ZZ ϮϮϬͲϰϲϬϬͲϰϲϮ͘ϯϱͲϲϭ WZ</DWZKs D Ed^ ϲϲ͕ϱϬϬ Ͳ ϲϲ͕ϱϬϬ/WͲWZ<^/ZZ/'^z^d Dϭ^d^d' Z/s Zt>< ZsZ/Zϭ ϮϮϬͲϰϲϬϬͲϰϲϮ͘ϯϱͲϲϭ WZ</DWZKs D Ed^ϲϱ͕ϬϬϬͲϲϱ͕ϬϬϬ&>>Z/s ZdZ/>W,^ ϯ&ZdZϯ ϮϮϬͲϰϲϬϬͲϰϲϮ͘ϯϲͲϲϬ &>>Z/s ZdZ/>/DWZϭ͕ϬϬϬ͕ϬϬϬͲϭ͕ϬϬϬ͕ϬϬϬΎdKd>>Z/D ZKhEdzKW E^W &hEϭ͕ϯϮϱ͕ϳϱϭͲϭ͕ϯϮϱ͕ϳϱϭΎZ/KZ W> D EdWZK: dϭϵZK ϮϯϲͲϯϲϬϬͲϰϯϲ͘ϯϯͲϯϲ KDDhE/d/KE Yh/WD EdϯϮϱ͕ϬϬϬͲϯϮϱ͕ϬϬϬΎdKd> D Z' EzZ ^WKE^ ^z^d D&hEϯϮϱ͕ϬϬϬͲϯϮϱ͕ϬϬϬΎZK/ dZ/> yd E^/KEZK/ ϮϰϰͲϯϰϬϬͲϰϯϰ͘ϯϱͲϲϬ t><tz^Θ/< tz^ϳϯϲ͕ϬϬϬͲϳϯϲ͕ϬϬϬ&>>Z/s ZdZ/>&ZdZ> ϮϰϰͲϯϰϬϬͲϰϯϰ͘ϯϲͲϲϬ &>>Z/s ZdZ/>/DWZϮϯϰ͕ϬϬϬͲϮϯϰ͕ϬϬϬΎdKd>dZ/>^&hEϵϳϬ͕ϬϬϬͲϵϳϬ͕ϬϬϬΎZK/ s /DWZKs D Ed^ZK/ ϮϲϬͲϮϬϬϬͲϰϮϬ͘ϯϱͲϱϭ ^dZ d^ϲϵϲ͕ϬϬϬͲϲϵϲ͕ϬϬϬ^dZ dKs Z>z^KsZ>z ϮϲϬͲϮϬϬϬͲϰϮϬ͘ϯϱͲϱϭ ^dZ d^ϯϬϬ͕ϭϮϵͲϯϬϬ͕ϭϮϵ> s ^dZ dD:KZZ ,> s ϮϲϬͲϮϬϬϬͲϰϮϬ͘ϯϱͲϱϭ ^dZ d^ϮϬ͕ϬϬϬͲϮϬ͕ϬϬϬϰd,^dZ dD:KZZ ,ϰ^d>Z ϮϲϬͲϮϬϬϬͲϰϮϬ͘ϯϱͲϱϭ ^dZ d^ϳϬϬ͕ϬϬϬͲϳϬϬ͕ϬϬϬWZ</E'>KdZ ,/>/dd/KEWZ<>d ϮϲϬͲϮϬϬϬͲϰϮϬ͘ϯϱͲϱϮ WZ</E'>KdϱϬ͕ϬϬϬͲϱϬ͕ϬϬϬ&>WͬZDW ^d/Dd K^d^&>W ϮϲϬͲϮϬϬϬͲϰϮϬ͘ϯϲͲϲϬ & 'ZEdͲ&>WϮ͕ϰϭϰ͕ϭϴϯͲϮ͕ϰϭϰ͕ϭϴϯΎdKd>^dZ d&hEϰ͕ϭϴϬ͕ϯϭϮͲϰ͕ϭϴϬ͕ϯϭϮΎZKEWZK: dϬϬϬϭ ϱϬϮͲϲϱϬϭͲϱϲϬ͘ϮϮͲϵϴ WZK&^ Zs/ ^ͬ& ^Kd, Zϵ͕ϲϮϬͲϵ͕ϲϮϬAttachment B104
WƌŽũĞĐƚEĂŵĞͬĞƐĐƌŝƉƚŝŽŶWƌŽũĞĐƚ KhEdEhD Z KhEd ^Z/Wd/KE ĂůĂŶĐĞĞĨŽƌĞ ηϰͲƵĚŐĞƚ ŵĞŶĚĞĚϮϬϭϵ'> E,s E&/ Z/E^d>>&KZWZW',&/Z ϱϬϮͲϲϯϬϭͲϱϰϬ͘ϮϱͲϯϮ WKt Z>/E D/Ed EE ϯϲϵ͕ϲϭϯͲϯϲϵ͕ϲϭϯZKE^dZdhWWZK: d^dZdhW ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϮͲϮϭ E th/>/E'^ϭ͕ϮϱϬ͕ϬϬϬͲϭ͕ϮϱϬ͕ϬϬϬZKE^dZdhWWZK: d^dZdhW ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϯϯ dWZK ^^/E' Yh/WD EdϯϬ͕ϬϬϬͲϯϬ͕ϬϬϬD d Z^ >DdZ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϯϰ D d Z^Ϯϰϱ͕ϴϴϬͲϮϰϱ͕ϴϴϬdZE^&KZD ZWhZ,^ ^dZE^& ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϯϱ dZE^&KZD Z^ϭϳϴ͕ϭϵϭͲϭϳϴ͕ϭϵϭ^DZdD d ZWhZ,^ ^^DZd > ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϯϲ KDDhE/d/KE Yh/WD EdϳϬ͕ϬϬϬͲϳϬ͕ϬϬϬZ/KZ W> D EdWZK: dϭϵZK ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϯϲ KDDhE/d/KE Yh/WD EdϭϮϱ͕ϬϬϬͲϭϮϱ͕ϬϬϬEKE^W /&/dKK>^ Yh/W ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϰϭ dKK>^ϯϮ͕ϵϱϳͲϯϮ͕ϵϱϳ^</^d ZdZ/> Z>W^</ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϵϴ Kd, Z Yh/WD EdϮϬ͕ϬϬϬͲϮϬ͕ϬϬϬEKE^W /&/ Yh/WD Ed y ^^ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϵϴ Kd, Z Yh/WD EdͲͲͲsdZ/> ZsdZ> ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϵϴ Kd, Z Yh/WD Edϯϱ͕ϬϬϬͲϯϱ͕ϬϬϬZ >dZ/> ZZ >dZ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϵϴ Kd, Z Yh/WD Edϱϱ͕ϬϬϬͲϱϱ͕ϬϬϬ^/ ͲzͲ^/ ds^y^ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϯͲϵϴ Kd, Z Yh/WD Edϯϳ͕ϬϬϬͲϯϳ͕ϬϬϬ>ΘW&KZ<>/&dZ W> D Ed^Ͳϵϯϯϴϳϵϯϯϴϳ ϱϬϮͲϳϬϬϬͲϱϴϬ͘ϯϰͲϰϮ dZh<^ϲϱ͕ϬϬϬͲϲϱ͕ϬϬϬ>ΘW&KZ<>/&dZ W> D Edϵϯϯϴϴϵϯϯϴϴ ϱϬϮͲϳϬϬϬͲϱϴϬ͘ϯϰͲϰϮ dZh<^ϭϭϱ͕ϬϬϬͲϭϭϱ͕ϬϬϬ^dZ d>/',d/E'͕WK> ^Θ&/ydhZ ^>/',d^ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϱϱ ^dZ d>/',d^ϯϲ͕ϳϵϬͲϯϲ͕ϳϵϬZZ/' ,/>>^,/>> ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϱϳ WKt Z>/E KE^dZhd/KEϯϳϱ͕ϬϬϬͲϯϳϱ͕ϬϬϬ^DZd&h^ ^;/Ed >>/ZhWd ZΘdZ/W^s Z^Ϳ^Dd&h^ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϱϳ WKt Z>/E KE^dZhd/KEϮϮϬ͕ϬϬϬͲϮϮϬ͕ϬϬϬE t^ Zs/ KEE d/KE^tK< yd ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϱϵ h^dKD Z^ Zs/ >/E ^ϯϱϴ͕ϭϭϴͲϯϱϴ͕ϭϭϴZKE^dZdhWWZK: d^dZdhW ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϱϵ h^dKD Z^ Zs/ >/E ^ϳϱ͕ϬϬϬͲϳϱ͕ϬϬϬZKE^dZdhWWZK: d^dZdhW ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϲϲ &/ ZKWd//E^d>>ϭ͕ϱϴϯ͕ϭϳϵͲϭ͕ϱϴϯ͕ϭϳϵZKEWZK: dϬϬϬϭ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϲϲ &/ ZKWd//E^d>>ϮϮ͕ϴϲϭͲϮϮ͕ϴϲϭϮϬϭϴZKE^DZd'Z/WZK: dϬϬϬϮ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϲϲ &/ ZKWd//E^d>>ϭϴ͕ϯϳϱͲϭϴ͕ϯϳϱ^DZd'Z/&/ ZKWd//E^d>>^Dd&Z ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϱͲϲϲ &/ ZKWd//E^d>>ϮϱϬ͕ϬϬϬͲϮϱϬ͕ϬϬϬ'/^DWW/E'/DWZKs D Ed^'/^ϭϴ ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϳͲϬϭ ^K&dtZ s >KWD EdϭϯϬ͕ϱϱϭͲϭϯϬ͕ϱϱϭhd/>/dz/>>/E'DK ZE/dKEWZK: dhWZd> ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϳͲϬϭ ^K&dtZ s >KWD EdϴϮ͕ϱϱϲͲϴϮ͕ϱϱϲZKE^dZdhWWZK: d^dZdhW ϱϬϮͲϳϬϬϭͲϱϴϬ͘ϯϳͲϬϭ ^K&dtZ s >KWD EdϭϳϬ͕ϬϬϬͲϭϳϬ͕ϬϬϬΎdKd>>/',dΘWKt Z&hEϱ͕ϵϲϬ͕ϲϵϭͲϱ͕ϵϲϬ͕ϲϵϭΎ'>/ ZZ <>EKE^K>/d/KEWZK: d'>E ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϭͲϭϭ >Eϭϭϰ͕ϱϴϭͲϭϭϰ͕ϱϴϭ'>/ ZZ <tdWͲ/^,Z' Khd^dZhdhZ '^, ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϭϲϬ͕ϬϬϬͲϭϲϬ͕ϬϬϬZKK<Z/s td Z^,KWZ DK >;< ZE z^,KWͿ < ZEz ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϳϳϱ͕ϬϬϬͲϳϳϱ͕ϬϬϬ'/^/E& d/KEKhdZ ,Es Z/&/d/KE &&KZd 'Ks ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϭϵϱ͕ϱϬϳͲϭϵϱ͕ϱϬϳ' E Z>K&&/ Yh/WD EdZ W> D Ed Yh/W ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϯϮ K&&/ Yh/WD Edϰ͕ϬϬϬͲϰ͕ϬϬϬtKE ZtZ ^K&dtZ tKE Z ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϯϯ dWZK ^^/E' Yh/WD Edϭϵ͕ϬϬϬͲϭϵ͕ϬϬϬD d ZZ W> D EdWZK: d^DZdt ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϯϰ D d Z^ϯϬϬ͕ϬϬϬͲϯϬϬ͕ϬϬϬ^hW'Z ^d'>/ ZtdW'W^ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϯϲ KDDhE/d/KE Yh/WD Edϲϰ͕ϳϬϮͲϲϰ͕ϳϬϮZ/KZ W> D EdWZK: dϭϵZK ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϯϲ KDDhE/d/KE Yh/WD EdϮϬ͕ϬϬϬͲϮϬ͕ϬϬϬ^W dZK&>hKZKD d Z Yh/W ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϯϳ >KZdKZz Yh/WD Edϵ͕ϮϬϬͲϵ͕ϮϬϬ^dKZ' dE<D/y ZtdD/yZ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϰϬ WhZ/&/d/KE Yh/WD EdϮϮ͕ϱϬϬͲϮϮ͕ϱϬϬKE&/E ^W EdZz Yh/WD EdtddKK> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϰϭ dKK>^ϱ͕ϬϬϬͲϱ͕ϬϬϬ^& dz Yh/W;dZ E,Ky ^E^W ^,KZ/E' Yh/WͿ tddKK> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϰϭ dKK>^ϭϬ͕ϬϬϬͲϭϬ͕ϬϬϬh><td Z/^W E^ Ztd/^W ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϯͲϵϴ Kd, Z Yh/WD EdͲͲͲAttachment B105
WƌŽũĞĐƚEĂŵĞͬĞƐĐƌŝƉƚŝŽŶWƌŽũĞĐƚ KhEdEhD Z KhEd ^Z/Wd/KE ĂůĂŶĐĞĞĨŽƌĞ ηϰͲƵĚŐĞƚ ŵĞŶĚĞĚϮϬϭϵtKZ<dZh<ϵϬϯϵϱ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϰͲϰϮ dZh<^Ϯϵ͕ϬϬϬͲϮϵ͕ϬϬϬ ysdKZdZ/> Z yd>Z ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϰͲϰϮ dZh<^ϰϲ͕ϬϬϬͲϰϲ͕ϬϬϬs>s y Z/^/E'dZ/> Zs>sd> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϰͲϰϮ dZh<^ϳϬ͕ϬϬϬͲϳϬ͕ϬϬϬWZssh>dD d Z/E'WZsDdZ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϭϳ͕ϬϬϬͲϭϳ͕ϬϬϬW DWtŽ^z^d D ^/'EΘKE^dZhd/KEW DWt ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϰϱϱ͕ϰϯϲͲϰϱϱ͕ϰϯϲWZK^W dDdEh^>KE/DWZKs D Ed^WD>KE ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DͲͲͲWZK^W dDdEtd ZKΘDWDtKE ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϮϱͲϮϭ td Z^z^d DͲͲͲWZK^W dDdEWZ Ͳh^>KE/DWZKs D Ed^WD/DWs ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϮϲϭ͕ϲϱϮͲϮϲϭ͕ϲϱϮDKZ/E Z/' ^Khd,Ͳtd ZDK^ϭϳ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϭϬ͕ϬϬϬͲϭϬ͕ϬϬϬ/ZϴΗD/E,zZEd^/ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϭϱ͕ϬϬϬͲϭϱ͕ϬϬϬWZ ^^hZ Z hd/KEs>s ͬD d Z/E'WZs>D ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϭϲ͕ϬϬϬͲϭϲ͕ϬϬϬ/W^W Es >/E Z W>^W E> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DͲͲͲ^,KK>E t^s>/E ^,KK> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϱϱ͕ϬϬϬͲϱϱ͕ϬϬϬϭϴΗD/Es>s /E^d>>d/KE^ϭϴs>s ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϭϮϬ͕ϬϬϬͲϭϮϬ͕ϬϬϬEtDhE//W>^h/^dZ/d/E>h^/KE^Et ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϮϭ͕ϬϬϬͲϮϭ͕ϬϬϬ'>/ ZZ <tdW/Ed< E'/E Z/E''/Ed< ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϭϮϬ͕ϬϬϬͲϭϮϬ͕ϬϬϬ/WZK<t >>ͬt ^dZ/s Z^/ ZϭϲΗD/EZK<t> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϰϬϬ͕ϬϬϬͲϰϬϬ͕ϬϬϬ/WhZ hZ W,^ ϮtdZWϮ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϲ͕ϯϲϯͲϲ͕ϯϲϯ/WhZ hZ W,^ ϯtdZWϯ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϭϴϬ͕ϬϬϬͲϭϴϬ͕ϬϬϬ/W/'d,KDW^KEs ;,tzϯϰͿD/Ed,KDW ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϮϬϬ͕ϬϬϬͲϮϬϬ͕ϬϬϬD>>ZKͲ,tzϯϲZK^^/E'D>>ϯϲ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϱϴϳ͕ϱϮϯͲϱϴϳ͕ϱϮϯϭϯϲϬZKK<Z/s td Z^,KWtd Z>/E ;< ZE z^,KWͿ< ZEz ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϰϬ͕ϬϬϬͲϰϬ͕ϬϬϬWZ</E'^dZhdhZ td Z>/E W<'tdZ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϭϬϬ͕ϬϬϬͲϭϬϬ͕ϬϬϬ/',KZEZtd ZD/EZ W>,tdZD ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d Dϭϵϯ͕ϯϵϳͲϭϵϯ͕ϯϵϳ^WZh Z/s td ZD/EZ W>^WtdZD ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϱϰ td Z^z^d DϮϵϱ͕ϰϵϲͲϮϵϱ͕ϰϵϲhd/>/dzD^d ZW>EtdZDW> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϲϮ hd^z^d DD^d ZW>EϯϬ͕ϬϬϬͲϯϬ͕ϬϬϬ'>/ ZZ <tdW/Ed< E'/E Z/E''/Ed< ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϱͲϲϮ hd^z^d DD^d ZW>EͲͲͲ'/^tKZ<tdZ'/^ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϳͲϬϭ ^K&dtZ s >KWD Edϯϰ͕ϰϭϳͲϯϰ͕ϰϭϳ>D'dͬKs Z>>dD'd^K&dtZ t>^K&d ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϳͲϬϭ ^K&dtZ s >KWD Edϱϲ͕ϳϬϬͲϱϲ͕ϳϬϬhd/>/dz/>>/E'DK ZE/dKEWZK: dhWZd> ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϳͲϬϭ ^K&dtZ s >KWD EdϮϬ͕ϬϬϬͲϮϬ͕ϬϬϬ/Wh^td ZZ/',d^t/d,KZtdZZZ ϱϬϯͲϳϬϬϬͲϱϴϬ͘ϯϳͲϭϬ td ZZ/',d^ϴϱ͕ϳϯϯͲϴϱ͕ϳϯϯΎdKd>td Z&hEϱ͕ϭϲϱ͕ϮϬϳͲϱ͕ϭϲϱ͕ϮϬϳΎZ DK >td Z^,KW&KZWt&>^,KW ϲϭϮͲϳϬϬϬͲϲϭϬ͘ϯϮͲϮϮ h/>/E'Z DK >/E'ϯϬ͕ϬϬϬͲϯϬ͕ϬϬϬd/Z >E Z Yh/WD Ed Yh/W ϲϭϮͲϳϬϬϬͲϲϭϬ͘ϯϯͲϰϭ dKK>^ϳ͕ϬϬϬͲϳ͕ϬϬϬ/'EK^d/^EE Z Yh/W ϲϭϮͲϳϬϬϬͲϲϭϬ͘ϯϯͲϵϴ Kd, Z Yh/WD Edϳ͕ϬϬϬͲϳ͕ϬϬϬΎdKd>&> dD/Ed EE &hEϰϰ͕ϬϬϬͲϰϰ͕ϬϬϬΎE tE dtKZ<^ Zs ZE dtZ< ϲϮϱͲϮϱϬϬͲϰϮϱ͘ϯϯͲϵϴ Kd, Z Yh/WD Edϯϵ͕ϬϬϬͲϯϵ͕ϬϬϬE tE dtKZ<^t/d, ^E dtZ< ϲϮϱͲϮϱϬϬͲϰϮϱ͘ϯϯͲϵϴ Kd, Z Yh/WD EdϭϬ͕ϬϬϬͲϭϬ͕ϬϬϬ,d ^ Zs ZE dtZ< ϲϮϱͲϮϱϬϬͲϰϮϱ͘ϯϯͲϵϴ Kd, Z Yh/WD EdϰϬ͕ϬϬϬͲϰϬ͕ϬϬϬΎdKd>/E&KZDd/KEd ,EK>K'z&hEϴϵ͕ϬϬϬͲϴϵ͕ϬϬϬΎ>ΘW&KZ<>/&dZ W> D Ed^ͲϮͲϵϯϯϴϳΘϵϯϯϴϴ ϵϯϯϴϳ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^ͲͲͲWK>/ 'ͲϭϬϲϮϬϬϰ&KZ yW>KZ Z'ͲϭϬϲ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^ϴϮ͕ϮϱϭͲϴϮ͕ϮϱϭAttachment B106
WƌŽũĞĐƚEĂŵĞͬĞƐĐƌŝƉƚŝŽŶWƌŽũĞĐƚ KhEdEhD Z KhEd ^Z/Wd/KE ĂůĂŶĐĞĞĨŽƌĞ ηϰͲƵĚŐĞƚ ŵĞŶĚĞĚϮϬϭϵWK>/ 'ͲϭϬϳϮϬϭϮ&KZ yW /d/KE'ͲϭϬϳ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^ϲϰ͕ϬϬϬͲϲϰ͕ϬϬϬWK>/ E thE/dͲ<ϵhŶŝƚ'Ͳϭϱϰ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^ϲϰ͕ϬϬϬϭϱ͕ϬϬϬϳϵ͕ϬϬϬWK>/ E thE/d&KZE tK&&/ ZWK^/d/KE'Ͳϭϱϯ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮdZh<^ϲϰ͕ϬϬϬͲϲϰ͕ϬϬϬWK>/ ZͲWh>> /EdKϮϬϭϵ&ZKDϮϬϮϬϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^ϰϱ͕ϬϬϬͲϰϱ͕ϬϬϬ^dZ d^ͲE t^dZ d^t W ZKD/E 'ϭϭϲΘ'ϵϳ 'ϭϭϲ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^Ϯϰϴ͕ϱϮϲͲϮϰϴ͕ϱϮϲWZ<^'ϭϭϰϮϬϬϳKd'ϭϭϰ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^ϭϰ͕ϬϬϬͲϭϰ͕ϬϬϬWZ<^'ϲϴϮϬϬϬ'D<ͲϭϱϬϬϰyϰW/<hW'ϲϴ ϲϯϱͲϳϬϬϬͲϰϯϱ͘ϯϰͲϰϮ dZh<^ϯϮ͕ϲϴϴͲϯϮ͕ϲϴϴΎdKd>s ,/> Z W> D Ed&hEϲϭϰ͕ϰϲϱϭϱ͕ϬϬϬϲϮϵ͕ϰϲϱΎΎdKd>WZK: dZ WϮϮ͕ϴϭϱ͕ϭϲϴϵϱ͕ϬϬϬϮϮ͕ϵϭϬ͕ϭϲϴAttachment B107
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PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1.MAYOR.
The next order of business will be the public hearing on INITIATED ORDINANCE
PETITION – TO PERMIT THE OPERATION OF MARIJUANA FACILITIES
WITHIN TOWN LIMITS.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the application.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT.
Review the staff report.
3.PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
Ordinance. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the Ordinance which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
Ordinance.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
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7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
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TOWN CLERK Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From:Jackie Williamson, Town Clerk
Date:September 10, 2019
RE:Initiated Ordinance Petition – To Permit the Operation of Marijuana
Facilities within Town Limits
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To present an Initiated Ordinance filed with the Town Clerk’s Office to allow a limited
number of marijuana establishments within Town limits as outlined in the petition.
Present Situation:
On April 16, 2019, the Town Clerk received a proposed initiated ordinance petition filed
by petitioners Cameron Bogener and Carolyn Newberry. The initiated ordinance
petition requested the Board of Trustees adopt an ordinance permitting the operation of
a limited number of marijuana facilities to include retail marijuana cultivation facilities,
retail marijuana stores, medical optional premises, and medical marijuana centers,
within Town limits only in the CO – Commercial Outlying and CH – Commercial Heavy
zoning districts with a 1000-foot setback from schools.
On April 19, 2019 a letter was sent to the petitioners approving the form of the petition,
which allowed the petition to be circulated. Upon approval of the form of the petition,
the Town Clerk contacted the Larimer County Elections Office and determined the total
registered electors within Estes Park were 4,751. State statute 31-11-104 requires a
petition to be signed by at least 5% of the registered electors; the total number of
signatures required is 238.
On July 31, 2019, the Town Clerk received 17 signed petition sections containing 366
signatures. The Town Clerk reviewed each signature to verify the registration of the
individual against the voter registration list supplied to the Town by the Larimer County
Elections Office. A Statement of Sufficiency was issued on August 28, 2019 certifying the
petition was signed by 5% or 238 registered voters within the Town of Estes Park.
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Total number of signatures submitted:366
Total number of signatures rejected:95
Total number of signatures accepted: 271
Number of signatures required:238
Pursuant to 31-11-110 CRS no protest of the initiated ordinance petition was filed prior
to the memo; however, the 40-day protest period ends on September 9, 2019.
Proposal:
Per 31-11-104 CRS the Board of Trustees within 20 days from the Statement of Sufficiency
(August 28, 2019) must either: (1) adopt, without alteration, the citizen initiated ordinance
as proposed, Ordinance 23-19, or (2) refer the Initiated Ordinance to the registered
electors of the municipality at a regular or special election on a Tuesday, held not less
than 60 days and not more than 150 days after the Statement of Sufficiency by adopting
Resolution 26-19. The adoption of the Resolution would also establish the election as a
mail ballot election if adopted as written. The Board may elect to hold a poll election.
If the Town Board moves to set the initiated ordinance for an election there are a number of
timeframes the Board must consider, including the following:
Special Election Timeline
•May be held on any Tuesday with the following exceptions:
o Within 90 days before a regular municipal election (April 7, 2020)
o Within 32 days before and after a general, primary, or congressional
vacancy election (November 5, 2019)
•You may hold an election at the same time as a general, primary, or
congressional vacancy election as a coordinated election.
The following outlines the timelines above:
•August 28, 2019 – Petition Sufficiency
•October 4, 2019 – 32 days before the Coordinated election
•October 27, 2019 – 60 days after Petition Sufficiency
•December 7, 2019 – 32 days after the Coordinated election
•January 8, 2020 – 90 days before the regular Municipal election
•January 25, 2020 – 150 days after Petition Sufficiency
Due to the date in which the petitions were submitted to the Town Clerk (July 31, 2019) and
the 40-day protest period ending on September 9, 2019, the Town Board was unable to
consider adding this item to the November 5, 2019 Coordinated election. In order to place
the initiated ordinance on the ballot in November, the Board would have had to certify the
ballot language on September 6, 2019 prior to the protest period end date. Therefore, the
Board must set a Special election date on a Tuesday between December 8, 2019 and
January 7, 2020. The available dates would be December 10, 2019, December 17, 2019,
December 24, 2019, December 31, 2019 or January 7, 2020.
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Advantages:
None.
Disadvantages:
None.
Action Recommended:
In reviewing the available dates for the Special election, staff would recommend the
Board consider setting the election for Tuesday, December 10, 2019. If held as a mail
ballot election, ballots would be mailed to all active registered voters the week of
November 18, 2019, the week prior to Thanksgiving. This would allow voters to receive,
vote and return ballots prior to the holiday. It would also prevent the mail ballots from
being mailed during the busiest portion of the holiday season, i.e. Thanksgiving,
November 28, 2019 through Christmas, December 25, 2019.
Budget:
A mail ballot election is estimated to cost $20,000.
Level of Public Interest:
High
Sample Motion:
Motion #1:
I move to adopt Ordinance 23-19.
Motion #2 if applicable:
If the Ordinance is not adopted the following motion needs to be made.
I move to approve Resolution 26-19 referring Initiated Ordinance 23-19 to a
Special Municipal Election on Tuesday, __________________.
Attachments:
Ordinance 23-19
Certification of Petition Sufficiency
Resolution 26-19
Link to All Public Comment Received by the Clerk's Office
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ORDINANCE NO. 23-19
WHEREAS, on July 31, 2019, an Initiated Ordinance Petition was filed with the
Town Clerk; and
WHEREAS, on September 10, 2019, the Town Clerk presented a Statement of
Sufficiency to the Town Board stating that the Initiated Ordinance Petition has the
requisite number of signatures; and
WHEREAS, the Board of Trustees have reviewed the Initiated Ordinance
Petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, as follows:
Section 1: The two articles that require amending are articles 9.44 and article 9.48:
a.9.44 currently states “it is unlawful for any person to operate, cause to be
operated or permit to be operated a medical marijuana center, an optional
premises cultivation operation, or a medical marijuana-infused products
manufacturing facility in the Town.” Whereas those who sign this petition
believe it should read, “it is lawful for a person operating under an Estes Park
issued license to operate a medical marijuana center and/or an optional
premises cultivation operation in the Town. It is unlawful for any person to
operate, cause to be operated or permit to be operated a medical marijuana-
infused products manufacturing facility in the Town”
b.9.48 currently states “It is unlawful for any person to operate, cause to
operate or permit to be operated any marijuana cultivation facilities, marijuana
product manufacturing facilities, marijuana testing facilities and retail
marijuana stores within the Town, and all such uses are hereby prohibited in
any location within the Town or within any area hereinafter annexed to the
Town.” Whereas those who sign this petition believe it should read, “it is
lawful for a person operating under an Estes Park issued license to operate a
marijuana cultivation facility and/or retail marijuana stores within the Town. It
is unlawful for any person to operate, cause to operate or permit to be
operated any marijuana product manufacturing facilities or marijuana testing
facilities”
c.Article XVIII, Section 16 of the Colorado constitution gives Colorado citizens
the ability to establish and operate marijuana establishments, whereas the
Town of Estes Park’s municipal code takes that ability away. The Town would
greatly benefit from a new source of revenue and it’s in the best interest of the
citizens of Estes Park to preserve their personal freedoms.
d.The purpose of this initiated measure is to amend the Estes Park municipal
codes, article 9.44 and 9.48 in order to more align with the state law, Article
XVIII, Section 16 and the Colorado medical marijuana code. Allow the
operation of Recreational Marijuana Establishments and Medical Marijuana
Businesses within the town limits of the Town of Estes Park.
114
e.The initiated ordinance would:
1.Amend the municipal code to allow the operation of Recreational
Marijuana Establishments and Medical Marijuana Businesses within the
town limits of the Town of Estes Park.
2.Provide for the lawful sale and cultivation of recreational and medical
marijuana pursuant to the state licensing system.
3.Limit permitted Town zones for the operation of licensed retailers and
cultivators to Commercial – Outlying (CO)and Commercial – Heavy (CH).
4.Prohibit the operation of licensed retailers and cultivators in the
Commercial Downtown (CD) zone as well as any zone that is not (CO) or
(CH)
5.Create setbacks requiring the operation of licensed retailers and
cultivators to be at least 1000 ft from schools (K-12)
6. Create four classes of licenses: a) Retail Marijuana Cultivation Facility, b)
Retail Marijuana Store, c) Medical Optional Premises, d) Medical
Marijuana Center.
7.Support dual licensing for each type of license (local in addition to state
licenses)
8.Impose a limit of three license holders for each type of license.
9.Impose community outreach, which requires the education of responsible
consumption to the consumer base of Estes Park.
10. Permit and impose taxation of revenues derived from commercial
marijuana facilities (both excise tax and retail sales tax) via an election in
November 2019 and determine the allocation of said revenues via an
election in November 2019.
11. Not allow the imposition of unreasonably impractical measures to comply
with Town regulations concerning marijuana establishments and
businesses.
12. Allow the Town to establish administrative rules in support of the new
licenses and application processes.
13. The types of licenses are as follows:
a.Recreational marijuana cultivation facility: license allowing for the
cultivation of recreational marijuana products.
b.Medical cultivation: license allowing for the cultivation of medical
marijuana products.
c.Retail marijuana store: license allowing for the sale of recreational
products
d.Medical marijuana center: license allowing for the sale of medical
products
14. The application process shall include the following with details to be determined
through the Town’s administrative rule-making process:
a.Application procedure
b.Application requirements will include the following (and is not limited to
the following)
1.Site plans
2.Operating plans
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3.Security plan
4.Community outreach and engagement
c.Application fees
1.Initial application fees
2.Annual renewal fees
d.Ownership requirements
e.Background checks
f.Inspections
f. DEFINITIONS. As used in this section, unless the context otherwise requires:
1."Colorado Medical Marijuana Code" means article 43.3 of title 12,
Colorado Revised Statutes.
2."Consumer" means a person twenty‐one years of age or older who
purchases marijuana or marijuana products for personal use by persons
twenty‐one years of age or older, but not for resale to others.
3."Marijuana" or "marihuana" means all parts of the plant of the genus
cannabis whether growing or not, the seeds thereof, the resin extracted
from any part of the plant, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marihuana concentrate. "Marijuana" or "marihuana" does not
include industrial hemp, nor does it include fiber produced from the stalks,
oil, or cake made from the seeds of the plant, sterilized seed of the plant
which is incapable of germination, or the weight of any other ingredient
combined with marijuana to prepare topical or oral administrations, food,
drink, or other product.
4.“Medical Marijuana Business” means a licensed Medical Marijuana
Center, a Medical Marijuana-Infused Products Manufacturer, an Optional
Premises Cultivation Operation, a Medical Marijuana Testing Facility, a
Medical Marijuana Business Operator, a Medical Marijuana Transporter, a
Marijuana Research and Development Facility, or a Marijuana Research
and Development Cultivation.
5."Marijuana accessories" means any equipment, products, or materials of
any kind which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, composting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, vaporizing, or containing
marijuana, or for ingesting, inhaling, or otherwise introducing marijuana
into the human body.
6."Marijuana cultivation facility" means an entity licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana
stores "Marijuana establishment" means a marijuana cultivation facility, a
marijuana testing facility, a marijuana product manufacturing facility, or a
retail marijuana store.
7."Marijuana product manufacturing facility" means an entity licensed to
purchase marijuana; manufacture, prepare, and package marijuana
products; and sell marijuana and marijuana products to other marijuana
116
product manufacturing facilities and to retail marijuana stores, but not to
consumers.
8."Marijuana products" means concentrated marijuana products and
marijuana products that are comprised of marijuana and other ingredients
and are intended for use or consumption, such as, but not limited to,
edible products, ointments, and tinctures.
9."Marijuana testing facility" means an entity licensed to analyze and certify
the safety and potency of marijuana.
10. "Medical marijuana center" means an entity licensed by a state agency to
sell marijuana and marijuana products pursuant to section 14 of this article
and the Colorado Medical Marijuana Code.
11. "Retail marijuana store" means an entity licensed to purchase marijuana
from marijuana cultivation facilities and marijuana and marijuana products
from marijuana product manufacturing facilities and to sell marijuana and
marijuana products to consumers.
12. "Unreasonably impracticable" means that the measures necessary to comply
with the regulations require such a high investment of risk, money, time, or any
other resource or asset that the operation of a marijuana establishment is not
worthy of being carried out in practice by a reasonably prudent businessperson
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS DAY OF , 2019.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the day of , 2019
and published in a newspaper of general circulation in the Town of Estes Park,
Colorado, on the ________ day of , 2019, all as required by
the Statutes of the State of Colorado.
Jackie Williamson, Town Clerk
117
118
119
RESOLUTION NO. 26-19
WHEREAS, on July 31, 2019, an Initiated Ordinance Petition was filed with the
Town Clerk; and
WHEREAS, on August 28, 2019, the Town Clerk issued a Statement of
Sufficiency and presented the petitions to the Town Board on September 10, 2019
stating that the Initiated Ordinance Petition has the requisite number of signatures; and
WHEREAS, the Board of Trustees have reviewed the Initiated Ordinance
Petition; and
WHEREAS, following said review the Board of Trustees did not adopt the
Initiated Ordinance Petition as presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, as follows:
1.Initiated Ordinance 23-19 is hereby referred to the registered electors of
the Town of Estes Park, Colorado for a Special Municipal Election on
_______________ 2019.
2.The Town Clerk is hereby ordered to forthwith publish the Initiated
Ordinance.
3.The ballot question shall read as follows:
Shall the operation of a limited number of marijuana facilities to include
retail marijuana cultivation facilities, retail marijuana stores, medical
optional premises, and medical marijuana centers, be allowed within Town
limits?
YES ____
NO ____
4.It is the decision of the Town Board of Trustees by the adoption of this
Resolution to hold the Special Election as a mail ballot election pursuant
to the provisions of Section 31-10-907 – 31-10-913 C.R.S.
5. That Jackie Williamson, Town Clerk be and is hereby appointed as the
Designated Election Official for the Town of Estes Park for the conduct of
this mail ballot election.
6.There shall be one (1) precinct for this mail ballot election. The mail ballot
location for said precinct shall be the Estes Park Town Hall, 170
MacGregor Avenue, Estes Park, Colorado 80517.
120
7.Electronic voting system shall be used in the Special Election and that the
Town Clerk be and is hereby authorized and directed to perform all acts
and functions necessary for the use of such electronic voting system as
required by the laws of the State of Colorado pertaining thereto.
8.Pursuant to Section 31-10-401 C.R.S., the Board of Trustees hereby
delegates to the Town Clerk, by Resolution, the authority and
responsibility to appoint the Judges of Election.
9.The Town Clerk be authorized to give Notice of the Special Election at
least ten (10) days prior to the election as required by Section 31-4-502
(2) C.R.S. in accordance with Section 31-10-501 C.R.S.
10.The Town Clerk shall, at the expense of the Town, arrange for such
materials and supplies for such election as may be necessary.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK on this _____ day of __________________, 2019
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
121
Public Comment Received by the Clerk’s office Regarding the Citizens Initiated Ordinance
Petition to Allow Marijuana in Town Limits
NEUTRAL
The Trustees in this town are building a reputation of being hated for not allowing the people to vote on major
issues. (Does The Loop ring a bell?).
Let the people vote on this issue. Yes, I’m afraid you will find many people are against marijuana sales, and
you may not reap yet more tax dollars.
But this is still a democracy.
Trudy Hewitt
AGAINST
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: August 22, 2019 at 7:26:03 AM MDT
To: tjirsa@estes.org
Subject: Marijuana Petition...
Mayor,
Would you forward as public comment going to opposition to marijuana dispensary....
RE: Marijuana Petition:
Allowing a Marijuana Dispensary in Estes Park is a bad idea as cartels ultimately have their hands in
all current drug operations!
We have an unmonitored border- and no idea who is coming across!
When rival cartels are popping off 5K rounds in continuous six hour battles within shouting distance
from American border towns- there is a problem!
When Pueblo has Cuban cartels running a marijuana operation- you know that turf wars will ensue
with the [well armed, highly proficient at intel] Mexican run cartels.
No one is going to stop the bad guys from moving north into U.S.; unless DC stops their drama gig
and secures our borders!
Estes does NOT want to see the kind of crime/ violence that drugs will ultimately bring,
On the surface; a few drugs here, a few drugs there seems harmless enough.
But beneath the surface is a dark underbelly of human trafficking and crime- pulling in huge tax free
profits!
The Town Board and/ or citizens might want to look at Mexico as a case in point; and ask themselves
what it would look like to live life on their knees at the mercy of all that drugs bring...
Kind Regards,
Sent from my iPhone
From: Bill Melton <billmelton37@hotmail.com>
Date: Wed, Aug 28, 2019 at 3:50 PM
Subject: Marijuana Dispensaries in Estes Park
To: jwilliamson@estes.org
I wish to be acknowledged to the Town Trustees at their September 10, 2019,
Meeting that I am Opposed to Marijuana Dispensaries anywhere in the Town
Limits of Estes Park!
This issue is about the atmosphere and reputation of the Gateway Town to the
Rocky Mountain National Park and not about economics. The Town is financially
stable and does not need to enhance its Treasury with the results of a product that
has been deemed unhealthy. Although legal in Colorado, this product is Federally
illegal.
Two weeks ago, The Estes Park Trail Gazette ran an on line Poll regarding this
matter and the results indicated that residents did Not want marijuana sales in
Estes Park.....with 55% voting NO!
I urge the Town Trustees to reject this Petition and take the legal steps required!
Then, I ask All Trustees to publicly voice their Opposition to this measure, now
and in the future, as required!
Let's continue to be know as "Elk Town USA" and not "Pot Town USA"!
Regards, Bill Melton
From: Susie Lowe <donsuelo2@gmail.com>
Date: Wed, Aug 28, 2019 at 5:24 PM
Subject: Re: Citizens submit initiated ordinance to allow marijuana facilities
To: <krusch@estes.org>
I am protesting marijuana facilities in Estes Park.NO NO NO !!!
Please, no marijuana sales in Estes Park !!!!
I am AGAINST marijuana sales in Estes Park.
Susan Lowe
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: August 29, 2019 at 1:51:04 PM MDT
To: tjirsa@estes.org
Subject: Fwd: Fox News: Opinion: Dr. Marc Siegel: Pot use and the awful problem of
marijuana-induced psychosis (and why it is on the rise)
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: March 24, 2019 at 9:27:37 PM MDT
To: fleischercynthia@yahoo.com
Subject: Fox News: Opinion: Dr. Marc Siegel: Pot use and the awful problem of marijuana-
induced psychosis (and why it is on the rise) Opinion: Dr. Marc Siegel: Pot use and the awful
problem of marijuana-induced psychosis (and why it is on the rise)
Fox News
When a person inhales a marijuana cigarette, he or she sees it in terms of the pleasure potential,
altered consciousness, reduction of pain. When I view it as a physician I see it as containing an active
chemical which has health implications. Read the full story
Shared from Apple News
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: August 29, 2019 at 11:59:50 AM MDT
To: tjirsa@estes.org
Cc: wkufeld@estes.org, erose@estes.org, tjirsa@estes.org, johnsosw@co.larimer.co.us, smithje@co
.larimer.co.us, sheriff@Larimer.org
Subject: Passion Flower Elixir...
Mayor Jirsa,
Would you forward this to the public record including forwarding to Trustees...?
1/ Perhaps Cameron et al might consider flowers:
Flowers Used Medicinally:
1/ Poppy- Opium
Used for analgesia aka PAIN
2/ Foxglove- Digitalis
Cardiac treatment.
* 3/ Passion Flower- [Europe & Asia’s rising star]:
- Used as OPIOID withdrawal treatment- [read hits same receptor sites as marijuana ie opioid/
stimulant]...
- It is also used as treatment for pain/ insomnia, anxiety, possible GABA replenish and way too many
medical issues to list here!
- Not illegal!
Can be grown and cultivated.
$100 for 2-3 fluid oz
* Suggestion:
4/ Dump BluePAC, set up
operation like Mrs. Walsh’s Garden- or buy the garden...
Cultivate medicinal flowers with a small business grant.
** Open a organic apothecary!
Get RICH- albeit harder work and slower!
CGFleischer
Estes Park, CO
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: August 13, 2019 at 6:11:55 PM MDT
Subject: RE: Marijuana Petition...
Re: #12 ... active prostitution and drug gig stings...
Commissioners,
The upcoming petition for marijuana dispensary/ cultivation before the Town of Estes Park on 10
September 2019 is deeply concerning!
Please consider the following as public comment:
1/ Marijuana [and hallucinogens when legal in CO] will follow the buyer and/ or consumer.
Said drug will not be contained to Town locale; & smoke can be second hand lung irritant to any with
compromised lung function.
2/ Police do not have resources to chase down the influx of [impaired poly substance abusing drivers]
ie those mixing marijuana & alcohol on CO Drug Tourism vacay.
3/ The liquor stores in Town allegedly sell alcohol to impaired drivers- ie the impaired driver who hit
me...IN Loveland after drinking all day in Estes Park [and driving down 34 drinking his pint of
whiskey]!
4/ How can one expect a liquor store clerk to identify a marijuana impaired user buying alcohol?
* Perhaps an argument could be made for the presentation of hyper- emesis...?
5/ New research being forwarded you shows marijuana does not have the attributes originally
ascribed it!
* Perhaps CBD oil has merit; but licensed responsible practitioners already sell CBD oil in Estes Park.
/ Marijuana [and hallucinogens] are still illegal in the Federal venue!
Warning❗
7/ Re Tax Revenue/ Profits:
Would Sheriff Smith/Chief Kufeld stand by and allow trafficking of young girls if Town Trustees voted
to allow a brothel?
Lucrative as one trafficked girl/ boy brings in roughly 250K a year tax free!
Multiply by a string of underage children [who can also be groomed and trafficked out of their homes
WITH marijuana]...
8/ If Estes Park wants to go “big profits on illegal” [and it will need to; once families shun the drug
culture in formally “family friendly” Estes Park]:
Trafficking & porn are a multi- billion dollar industry and the most lucrative export/ import the United
States has- eclipsing even the profits realized by Microsoft, Google et al combined!
9/ Allowing the Town to endanger the whole valley appears to violate every Trustee’s oath of office!
Watch the lawsuits begin when a MJ impaired driver hits and kills a child- sans CIRSA to rescue
Town...
10/ Cuban cartel busted in Pueblo, CO recently!
* Marijuana growing operations in four homes.
These were not Boy Scouts!
What makes anyone think that they will NOT migrate to NoCO soon?
11/ And there is the little issue of Carfentanyl/ Fentanyl [mcg] cut into marijuana etc!
Besides the [“high school kids we want to reach out to and counsel”]- first responders can die as well-
if tx [to one who has ingested deadly street mix or has same on their person or in car] is administered!
* And God help the Trustees if the K-9 succumbs!
The Town will be up in arms!
12/ Lastly, the ex Glendale Police Chief will likely make his presence known in Town- AND apparently
he was big into failed active [his guys actually had sex] prostitution and drug gigs!
Read young girls again...
** If the Town Board votes on petition affirmatively and/ or remands Marijuana to a vote [whereby
same affirmed]; the County must act to challenge in Federal Court - if for no other reason than a
crime cascade is a messy affair...
Kind Regards,
CG Fleischer
Estes Park, CO
Hello:
My husband and I are registered voters, and long time members of the community - since 1972 and
would NOT like to see marajuana being sold in Estes Park.
We feel like this is a retirement community that encourages tourist hopefully based on families. We
don't have any desire to see it become a destination vacation for purchasing marajuana and using
here. Even though it is sold just down the hill. And given that that .... there should be plenty of
opportunity for those people wanting that experience to purchase elsewhere.
We are also thinking and hoping that we as a community do not need this additional tax revenue to
run our town in a proper fashion.
Please take our comments into consideration.
Thank you and thank you all for your service to the citizens of Estes Park,
Sincerely,
Dennis and Deborah Gribbble
From: outlook_9238EB7E42F1AAA2@outlook.com <outlook_9238EB7E42F1AAA2@outlook.com
Date: Thu, Aug 29, 2019 at 2:59 PM
Subject: Marijuana in E/P
We are very supportive of prohibition of Marijuana sales in Estes Park and the Estes Valley.
Jay and Jane Harroff
I am writing again per Pat Newsom's request, to let you know I am 100% against having a marijuana
dispensary here in town.
Thank you for all you and your staff do
Annie Slack
Sat, Aug 31, 5:30 PM
To Whom it may concern,
I am a business owner in the town of Estes Park. I own Elk Meadow Lodge & RV Resort AND
Spruce Lake RV Resort. Our customer base is 70% family and elderly. Many of these people have
always voiced their opinion in favor of Estes Park not allowing Marijuana shops. This is a slippery
slop to go down.
I want you to know that I am not in favor of this at all in the community. Let me know what I need to
do to vote against this amendment.
Thank you.
Michael Andrzejek
RV INN LLC.
From: RICH TERI BABCOCK <coloradogrammy@msn.com>
Date: Mon, Sep 2, 2019 at 9:12 AM
Subject: Marijuana petition
I am aware that citizens have submitted petitions for an initiated ordinance to permit the operation of
a limited number of marijuana facilities within Town limits.
Please do not allow this to happen to our beautiful community. We will begin to look like all of the
other surrounding communities littered with dispensaries. Let's keep Estes unique and family-
oriented. So many visitors come to Estes saying how much they appreciate the fact that Estes still
has a family atmosphere and does not look like the rest of the mountain towns. We do not need this
for income as we are not a distressed mountain community. If people need marijuana for medical
purposes, there are plenty of places they can go already. If you truly care about the health of our
town, you will not allow this.
Thank you.
Teri Babcock
Estes Park, CO 80517
From: Liz Mulhern <mulhernliz@gmail.com>
Date: Mon, Sep 2, 2019 at 8:19 AM
Subject: Vote NO - Citizens initiated ordinance to allow marijuana facilities
Please do not allow this to happen to our community. We will begin to look like all of the other
surrounding communities littered with dispensaries. Let's keep Estes unique and family oriented. I
have so many people that come to Estes saying how much they appreciate the fact that Estes still
has a family atmosphere and does not look like the rest of the mountain towns. We do not need this
for income as we are not a distressed mountain community.
Please do not allow this to impact our beautiful community. I would be very disappointed in the
leadership in our town that are currently making some very good decisions in keeping our town
vibrant without this business. Please do not be swayed by this and think of the long term impact to
our community. If you truly care about the health of our community you will not allow this. Our roads
are already dangerous enough without people experiencing an artificial "rocky mountain high"
If they need this for medical purposes it is readily available in other communities.
thank you!!!
Liz and Dick
I am aware that citizens have submitted petitions for an initiated ordinance to permit the operation of
a limited number of marijuana facilities within Town limits.
Please do not allow this to happen to our beautiful community. We will begin to look like all of the
other surrounding communities littered with dispensaries. Let's keep Estes unique and family-
oriented. So many visitors come to Estes saying how much they appreciate the fact that Estes still
has a family atmosphere and does not look like the rest of the mountain towns. We do not need this
for income as we are not a distressed mountain community. If people need marijuana for medical
purposes, there are plenty of places they can go already. If you truly care about the health of our
town, you will not allow this.
Thank you.
Those who provided the above comment include:
T Schultz
William E Shotts
Robin Kittel – Included: I implore you to the fact that by not having dispensaries in our community we
have reduced the access our youths have to experimenting or worse
becoming users. Please, please do not let this happen in Estes Park.
Pam Appel
Esther Cenac
Gail & Russ Nehrig
Stan & Johanna Gengler
Elena Dowty
Lauren K. Wagner – Included: If you do approve it let it go tp a general election so everyone has a voice
About:
The petition on purposed marijuana dispensaries - We are concerned about our community as we do
not want the purposed marijuana dispensaries in the town of Estes Park. Please help us in this
endeavor!
A big concern: Bill Bennett, former secretary of education states, "For every week that a teen smokes
marijuana his or her IQ drops 8 points."
We do not need this added exposure to our town and children!!!!
Ron and Sharol Little
From: Kristi Dowty <kristidowty@gmail.com>
Date: Mon, Sep 2, 2019 at 12:46 PM
Subject: Marijuana
My husband and I moved here for our retirement in 2014. We love the atmosphere, the Continental
Divide that never gets old, the protected wildlife, the new people that we have come to know and love
and share our life with, and the feeling you get when you look at a small town with the class of
yesteryear. So when I became aware that citizens have submitted petitions for an initiated ordinance
to permit the operation of a limited number of marijuana facilities within Estes Park Town limits, I was
shocked. The time line that has been proposed for the vote is far too short. This should be voted on
by our town's population.
And is it wise to allow this to happen to our beautiful community which is known as a pristine place for
families? Are we going to be recognized in the media as just another location where pot can be
grown and sold to residents and visitors from all over the world? Are we really going to be proud
when Channel 9 sends a news crew, not to show our beautiful elk, but instead, obtrusive green
crosses on town buildings? There are many places that already sell pot just 45 minutes down the
hill. If you truly care about the health of our town, you will not allow this. This shouldn't be about
money. Some things are bigger than the almighty dollar. Please think long and hard about this issue
that affects all of the voters.
Thank you,
Kristi and Paul Dowty
On Sep 3, 2019, at 9:18 AM, Cynthia Fleischer <fleischercynthia@yahoo.com> wrote:
Mayor,
One last request to submit to all Town Trustees and into public record!
This is crucial as it is an apt description of cartels and the danger that drugs bring to an area!
Thank you...
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: September 3, 2019 at 3:51:51 AM MDT
To: fleischercynthia@yahoo.com
Subject: Tweet by Derek Maltz Sr on Twitter
Derek Maltz Sr (@derekmaltz_sr)
9/2/19, 11:27 AM
@realDonaldTrump and @SecPompeo time to act and designate the Mexican cartels as
terrorists. @RepChipRoy and @RepMarkGreen had it right back in March. Each day that
goes by more Americans are
die. @SaraCarterDC @IngrahamAngle @RMConservative@jaeson_jones @
ColDan11 @BensmanTodd pic.twitter.com/m2sdJSq4Xq
Dear Elected Officials,
Please study this issue carefully. The long term effects of marijuana are serious. It is a gateway drug. Do the
research.
Safety is important in this decision. Estes Park has been a safe community. Let’s keep it safe.
We know the money from sales is attractive. But a safe and vibrant community is much more attractive.
Do you really want your name associated with marijuana sales and a less safe community?
Thank you,
Mike and Judi Cunningham
Date: Wed, Sep 4, 2019 at 1:51 PM
Subject: Marijuana in the Town of Estes Park
We are opposed to allowing marijuana dispensaries in the Town of Estes Park for the following reasons:
• The federal government still considers it a federal crime to possess or use marijuana. If a visitor to
Rocky Mountain National Park purchased marijuana in Estes and that visitor wasn’t familiar where
the boundary was for the Park, could that visitor be arrested when the visitor unwittingly crossed into
the Park? Does it make sense to encourage the use of marijuana this close to federal land?
• Unlike the use of alcohol, is there a legal standard for determining when a person is under the influence
of marijuana?
• How much time and money will it take to police the sale and use of marijuana around Town?
• We are known as a family friendly destination. Having marijuana dispensaries in the Town, would not
be considered family friendly.
Sincerely,
Larry Allen and Jeanne Allen
WHY I AM VOTING “NO” TO ALLOWING A MARIJUANA SHOP IN ESTES PARK
The Canadian National Academy of Medicine convened a panel of sixteen leading medical experts to analyze
the scientific literature on cannabis. The report they prepared, which came out in January of 2017, runs to four
hundred and sixty-eight pages. It contains no bombshells or surprises, which perhaps explains why it went
largely unnoticed.
Here are some of the findings gleaned from the 468 pages:
• Smoking pot is widely supposed to diminish the nausea associated with chemotherapy. But, the panel
pointed out, “there are no good-quality randomized trials investigating this option.”
• We have evidence for marijuana as a treatment for pain, but “very little is known about the efficacy, dose,
routes of administration, or side effects of commonly used and commercially available cannabis products in the
United States.”
The caveats continue.
• Is it good for epilepsy? “Insufficient evidence.”
• Tourette’s syndrome? Limited evidence.
• A.L.S., Huntington’s, and Parkinson’s? Insufficient evidence.
• Irritable-bowel syndrome? Insufficient evidence.
• Dementia and glaucoma? Probably not.
• Anxiety? Maybe.
• Depression? Probably not.
Then come Chapters 5 through 13, the heart of the report, which concern marijuana’s potential risks. The haze
of uncertainty continues.
• Does the use of cannabis increase the likelihood of fatal car accidents? Yes.
• By how much? Unclear.
• Does it affect motivation and cognition? Hard to say, but probably.
• Does it affect employment prospects? Probably.
• Will it impair academic achievement? Limited evidence.
This goes on for pages.
The panel concluded, “We need proper studies” on the health effects of cannabis on children and teen-agers
and pregnant women and breast-feeding mothers and “older populations” and “heavy cannabis users”; in other
words, on everyone except the college student who smokes a joint once a month. The panel also called for
investigation into “the pharmacokinetic and pharmacodynamic properties of cannabis, modes of delivery,
different concentrations, in various populations, including the dose-response relationships of cannabis and
THC or other cannabinoids.” In other words, we do not know enough about the adverse affects of this drug or
the possible enhancement elements derived from Cannabis. We need to know more and we need proper,
authorized studies to track the outcomes BEFORE we make the drug available to our general community.
Figuring out the “dose-response relationship” of a new compound is something a pharmaceutical company
does from the start of trials in human subjects, as it prepares a new drug application for the F.D.A. Too little of
a powerful drug means that it won’t work. Too much means that it might do more harm than good. The amount
of active ingredient in a pill and the metabolic path that the ingredient takes after it enters your body — these
are things that drugmakers will have painstakingly mapped out before the product comes on the market, with a
tractor-trailer full of supporting documentation.
With marijuana, we’re still waiting for this information. It’s hard to study a substance that until very recently has
been almost universally illegal. And the few studies we do have were done mostly in the nineteen-eighties and
nineties, when cannabis was not nearly as potent as it is now. Because of recent developments in plant
breeding and growing techniques, the typical concentration of THC, the psychoactive ingredient in marijuana,
has gone from the low single digits to more than twenty percent — from a swig of near-beer to a tequila shot.
Yes, revenue is up for the State, and many programs have benefitted financially as a direct result of legalizing
marijuana. Much of this was anticipated. But, what dollar value would you equate to the teenager killed in a
driving accident due to marijuana? What dollar value would you tell the three other sets of parents whose
children also died in this accident? Lastly, what do you tell the parents of these four dead teenagers that the
accident happened because the other driver was over the legal limit of cannabis intake.
According to a new report from the Colorado Department of Transportation (CDOT), the number of fatal
crashes in which a driver tested positive for cannabinoids rose from 75 in 2014, when legal recreational sales
began, to 98 in 2015, 125 in 2016, and 139 in 2027. But as CDOT notes, "The presence of a cannabinoid does
not necessarily indicate recent use of marijuana or impairment." In light of that limitation, CDOT since 2014
also has reported the number fatalities in crashes where a driver's THC blood concentration was five nano-
gams per milliliter or more, which is the level at which state law allows juries to presume impairment. That
number, which CDOT calls "cannabis-involved fatalities," was 19 in 2014 and 2015, then rose to 52 in 2016
before falling to 35 in 2017. But – why is there even one cannabis-related accident? If marijuana were illegal,
consider the following:
Fatal crashes in which a driver tested positive for cannabinoids netted 75 lives saved in 2014, 98 in 2015, 125
in 2016, and 139 in 2017. Saved lives. No cannabis related fatalities due to legal recreational sales of
marijuana.
What about Estes Park? With a year-round community of 6,500 (+/-) citizens that grows to 4.5 million tourists,
do we want to tell a weekender from the valley or a week-long guest from Florida or Germany that a family
member died because we allowed the sale of this drug in our community?
The danger to our children’s emotional and physical health is at stake. No matter what the proponents of
marijuana say, there is still the possibility that the introduction of marijuana into our community can and will
lead to stronger and life threatening drugs.
Marijuana is four-to-five times stronger than in previous years and can do serious mental damage. The culture
of our town is at stake. Marijuana will attract people who may have intentions to harm the safety of our citizens
and businesses in town.
The financial impact on town — there is likely to be a need for an increase in the police force; our aging
community will need added protection due to the possible increase in crime that will ensue. Whatever the tax
advantages marijuana may bring there will be a decrease in tourist who now enjoy the beautiful, quiet, and
safe atmosphere we now enjoy.
This will likely change our town, and not in a positive way. There will be the possible attraction of the homeless
to our city; traffic safety may be at risk. The list of possible negative side affects are as many as the list of
possible positive affects. Yes, it may bring in more tax money, but is the management and oversight worth it?
If we are going to allow such a questionable product/drug into our community, then let’s first get the facts. It is
only a fool who makes a decision without first having all the facts. We need to be wise when it comes to the
future of our community. A study should be commissioned to determine the health benefits and the risks as
they relate to our community. If the study proves positive, it can be paid for from the proceeds of cannabis
sales. If the study proves negative, it should be paid for by the applicant. There is no clock or time barrier; we
are not in a race which says there is only so much time to determine the answer. Let’s do it right and do it right
the first time.
The Denver Post: Traffic fatalities linked to marijuana are up sharply in Colorado. (12/28/2018)
CNN.com: States that legalized recreational weed see increase in car accidents. (10/18/2018)
HG.org: Fatal Car Accidents Involving Marijuana Have Tripled in U.S. (09/04/2019)
NBCNews.com: Legalized marijuana linked to a sharp rise in car crashes. (10/18/2018)
Independent.co.uk: Fatal car crashes increase 12%. (02/12/2018)
Jay A Lykins
I would like to express my concern regarding the possible opening of a stor(s) and sale of Marijuana in ESTES
Park. I believe this is unnecessary because it is readily on sale elsewhere, and will create more problems for
our small town. I think our resorts will have huge issues with use and policing the use, and by selling it, we
also condone it’s use. Recent medical concerns regarding the use of marijuana are quite serious, so I hope
that we do not add this stressor to our community! We already have Harmony Foundation in our Town to help
those dealing with substance abuse (good thing), but we do not need to create business for them! Let us hope
that we can keep Marijuana sales out of ESTES! Thanks! (I am in support of Medical Marijuana use, but for
those patients that are prescribed this, they can go to Loveland or Lyons to purchasetheir “medicine”). Cheryl
Wagner 1692 Prospect Estates Drive EP
Cheryl Wagner
To Whom It May Concern.
I Am opposed to Marijuana Dispensaries within the Town Limits of Estes Park.
Anne Chandou
No, a resounding no. This is a home for families and visitors who want to enjoy our beautiful
NATURAL surroundings. Smoking is not allowed in the park, on the streets, in our restaurants or
shops. Many hotels and Vrbos do not allow it either . So where does marijuana fit in? No where.
Judy Taphorn
Hello. I am a full time resident of Estes and have lived here since 2004. I am against having dispensaries in
Estes. This is a family town and RMNP is a family destination recreation area. It’s world renowned. A healthy
lifestyle does not include smoking pot in the park or on our city streets.
Trustees need to say no to this petition. Otherwise, let the residents vote.
Diane Palmer
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RECEIVEDTaylorAndre5SEP062019465westWonderviewADMINISTRATIVESERVICESEstesParkCO80517BY:TIMEDate:September6th2019DearTownTrusteesofEstesPark,I,TaylorAndres,amwritingtoaskyoutoapprovetheInitiatedOrdinancetopermittheoperationofmarijuanafacilitieswithintheTownofEstesPark.Ibelievethatourcommunityisreadyandaskingforadispensary.Asthesignedpetitionshows,moreresidentsthanwererequiredsignedandareinsupport.Ipersonallyknowoverfiftycommunitymembersthatcouldnotsignthepetitionduetocitylimitrestrictionsthatwantedtosigninsupport.Thecommunityhasunitedandspokeninfavorforthisapproval.Fortheoppo5ition,theargumentthatlegalizationincreasesuseamongchildrenbymakingitea5ierforthemtoaccessha5beenprovenwrongbydata.Infact,teenuseinColoradoisbelowthenationalaverage.Itisimportantthatweletthedataguidethesepolicydecisions,andthedatademonstratesthatthesefearsareunfounded.Researchcontinuestoprovemarijuanawhenregulateddecreasesteenuse.Inadditionitdiminishestheopportunityfortheblackmarkettosucceed.WhichEmpiricalevidencedemonstratesthatmostteenspurchaseandusefromtheblackmarket.Thecommunityhasshownbyinsupportofthispetitiontheywouldliketounitetodissolvetheblackmarket.Otheroppositionregardingourwholesomefamilytown,howwillthischange?Justlikealcohol,marijuanaisregulated.Therearelawssetinplaceandpolicytobefollowed.Familieswillbeprotectedbythelawagainstmarijuanacrimesthesameasalcohol.Ourtownwillbesaferwithlessblackmarketcrimewhichaffectsthewholesomefamilycommunityatitscore.Ifeelitisimportantforourtowntohaveanidentityaroundbeingopenandlookingintothefuture.IbelievetheNewberry/Bogenerfamily,whohavebeenlongtimecommunitymembersandsupportersaswellasvaluedneighbors,have“skininthisgame”.Theirknowledgeofeconomicdevelopmentandqualityoflifewillonlybenefitourcommunity.IamproudtosayIsupportthisfamilyandtheireffortsforthewell-beingofourcommunity.AsstatedaboveInowaskagainfortotalapproval.ThankyouforyourtimeBornandraisedresidentofEstesPark,anreskJrn
September3,2019-3’—MembersofTheBoard:‘L.a.EstesPark,CoSEPCAOMflSTPAev-.,py.ToBoardMembers;Iwouldliketoregisteranopiniononthemarijuanapetition.Approvingthispetitionwouldbedetrimentaltoourtown.Thereisnewinformationabouttheharsheffectsofthisdrug.Thataloneshouldprecludeourapprovingthisdrug.Onequestion:WhyareweevenconsideringapprovingsomethingthatisagainstfederalLaw?Theonlyoptionforcomplaint,accordingtothearticle,iseither;approvaloraskingittobe‘puttoavote’.Inthatcase:Pleaseputittoavote,sowecandecide.Myposition,andthatofmanyothers,isthatwenotevenconsiderapprovalofthe‘petition’.Whatmoneythetownmakesfromthiswouldbeeatenupinmoneyforadditionallawenforcementandbrokenfamiliesandperhaps,lostlives.Sincerely,FranErwin970-5862562‘“tj
Public Comment Received by the Clerk’s office Regarding the Citizens Initiated Ordinance
Petition to Allow Marijuana in Town Limits
RECEIVED AFTER 09-06-2019
One of the main reasons my husband and I moved to Estes was for the wholesome atmosphere!!
We both visited Estes Park as kids, and always remember the taffy shop, the Indian jewelry shops, the RMNP
souvenirs! We don’t want our grandkids remembering the pot shops!!
If sales of marijuana are allowed to occur in Estes Park, the dynamics of the town will change....in a negative
way!
We will no longer be the family friendly, clean air, mountain town we are now!!
Just look at how Lyons, Longmont, and Loveland are viewed now....weed cities!
Let’s keep this wonderful little town like it is ....no pot shops!!
Elizabeth Bryan
The last thing this Community needs are marijuana dispensaries…
It is a given that marijuana is the gateway to other drugs…
Think one is kidding themselves when they think it will bring in tax money to be used for child
care. The monies will be needed for extra policing – staff and uniformed personnel. All one has to do
is read the Longmont paper to see the problems they contribute to pot and other drugs…shoplifting,
break-ins, accidents, vandalizes…never ending.
It is a proven fact that marijuana is the gateway to stronger drugs…our family oriented community
DOES NOT NEED THIS!!!
I also think of the foreign students who are working here in the summers …they would think they
should try the stuff since it is available…and where does that lead them in their future?
PLEASE DO NOT ALLOW THIS TO GO FURTHER!!!
Respectfully submitted,
Pat and Wayne Newsom
I have been a resident of Estes Park for almost 13 years and a visitor to Estes Park since 1955. I am
strongly opposed to allowing the sale of marijuana in the City or the Estes Valley. The character of
the city would change from family friendly to weed friendly. There are plenty of other mountain and
valley towns to acquire marijuana. We don't need it to be easier to get here.
Dennis Bryan,
A marijuana dispensary in Estes Park will only line the pockets of the investors. Please, please, please keep a
marijuana shop out of Estes Park. For the sake of our children if not all of us.
Thank you.
Joanie and Jim Jonell
On the item in your upcoming meeting concerning the marijuana petition, I support referring ordinance to
voters as many oppose the petition and don't want marijuana facilities in Estes Park.
Thank you.
Jerry L Stevenson
The Board of Trustees
Estes Park
I am totally opposed to marijuana and it’s associated products being distributed or sold in Estes Park.
It is a gateway drug and we don’t need this problem in Estes Park.
Joe Holtzman
I am strongly opposed to allowing Marijuana Dispensaries in the town of Estes Park! I cannot attend
the meeting 9/9, but please make it known that I definitely oppose this ridiculous proposal...
Thank You,
Barry Knolton
It is not legal under federal law to sell marijuana in the United States of America. Page Watson,
Board of Trustees
Estes Park
Because of my work here in Estes Park with Restorative Justice and Larimer County Probation, I
oppose marijuana and its associated products being distributed or sold in our town. I saw first hand
the affect on individuals, their families, and their futures as a result of using this drug.
We should keep the healthy image of living and being in Estes Park as it is today without the
legalization of sales and distribution in our town.
Chuck Bonza
Good morning,
I am writing to request that the proposed ordinance to allow a limited number of marijuana stores in
the town of Estes Park be rejected.
While this may seem like an easy way to increase revenue in Estes Park, the cost to the community
and our culture is too high. We know this is not a perfect place, crime does exist, but the overall feel
of Estes is one of a pristine mountain town. It is one of the things that residents and visitors alike
cherish about our town. Bringing in marijuana dispensaries will alter this. As someone who lives near
short term rental properties the last thing I want is to provide easy access to guests who didn't buy
while they were in the front range. Yes, many towns are reaping financial gains from this market, but
our sales tax already provides for our town. For those who need medical marijuana Lyons is 20
minutes away, and easily accessible.
Please do not bring marijuana dispensaries to Estes Park.
Janine Dawley
Dear Trustees,
The town is unique to Colorado and we do not need marijuana shops here. I have seen first hand the
problems this drug can cause when sold for recreational use. This decision will change Estes Park
and the money it brings is not worth it. I am in support of all voters having a say in this decision.
Ann Schonlau
This email is to express my opposition to marijuana sales being legal in Estes Park.
I beg you to help keep our town family friendly.
Joy Barnett
To: Board of Trustees
This is to inform the Board of Trustees that I am in opposition to the Marijuana Dispensary Proposal
slated to come before the Board on September 10th, 2019, as reported on the current Agenda. As a
retired Law Enforcement Officer with 32 years of experience, much of it to include Narcotics
Enforcement, I have seen the affect of this Drug on our youth as a gateway drug to more serious
addictions, such as Opioids, PCP, Meth and Heroin. While their may or may not be medicinal benefits
to Marijuana, my experience shows that it should remain a Class 1 controlled substance. In a news
letter that was released by the U.S. Department of Health & Human Services, dated August 29, 2019,
which I have attached, not only indicated that Marijuana is the commonly used illicit drug in the
United States, but also warns of its effects to the Brain on our Youth and Pregnant Women. This
nation and especially Colorado has already seen the effects of Drugs on its communities and inviting
these Dispensary into Estes Park would be irresponsible regardless of the so called tax revenue
benefits. Further, what I also would consider irresponsible is that I have learned that one of the Town
Trustees signed the Petition in support of the Marijuana Proposal. I find this to be in conflict with the
oath the Trustees recite when being sworn into office. While pledging to uphold the laws of Colorado,
the is also a pledge to upholding the Constitution of the United States. There are still Federal laws
against Marijuana. The community will be watching closely how and what the Town Trustees vote for
at this next meeting.
Respectfully,
William G. “Bill” Howell
As a 16+-year Resident of Estes Park, 25-year Police Sergeant (10 years as a Narcotics Undercover
Officer) in CA, and a mother of a child that became addicted to Marijuana use by his “friends in
school” and then continued on to Cocaine, Meth, and Heroin to name a few, I am adamantly
opposed to have a Marijuana Dispensary approved in our Town. I have seen and experienced
all the pain that comes with Marijuana usage. My child not only permanently damaged his health, he
also ruined his life as he began committing crimes to pay for his drug needs and ended up in
Prison. This isn’t what we need in our Community.
Cameron and Carolyn came and spoke at one of our meetings regarding their desire to open a
dispensary. Cameron was asked by one of the attendees if he used Marijuana as a teenager and he
quickly responded with pride he had. When asked what the positive side of having a dispensary in
Estes Park was, he stated that it would be positive to have a place where “the kids in Estes could
come to find out the truth about Marijuana even though they can not purchase
it.” Really? The underage kids can go to their dispensary? He is already planning on
violating the law by allowing juveniles in their establishment?
Please read the attached Surgeon General’s Advisory on Marijuana’s Damaging Effects on the
Developing Brain which encourages Youth and Pregnant Women Not to Use Marijuana
released August 29 2019. I will take the Surgeon General’s knowledge; National Academy of
Medicine—“Cannibis Use Likely to Increase the Risk of Developing Schizophrenia and Other
Psychosis”; Drug Free World.Org Natl Survey on Drug Abuse: Kids who frequently use are 4x
More Likely to Act Violently & Damage Property and 5x More Likely to Steal and because it is
more potent today, there is an increase in ER Visits.
I believe these Experts Knowledge outweighs those of Cameron and Carolyn’s, their Quality
Control Expert or any of their other so-called experts because they are going to make money
off of the pain of Estes Park Residents.
I also am very disappointed that at least one of our trustees signed the Petition for Allowing the
Dispensary. I voted for Trustees that were supposedly going to vote based on what was good for
Estes Park and it’s citizens (including the children). Signing a petition for a business that is illegal per
Federal Law (even if Legal at the State Level) prior to even hearing arguments from both sides is, by
my standard, a violation of your oath to represent all residents of Estes Park.
I also question how there can be numerous signatures on the Petitions by the same people and those
who live out of the Town Limits are signed. Were all of the names verified to prove their legality to
sign? How can names listed multiple times and outside Town borders be counted toward the total
Legal Signers?
I realize that several on our Board of Trustees are looking at the “Oh--More Money for the Town”
aspect but money doesn’t buy safety when it comes to the numerous Medical dangers attached to the
use of Marijuana.
I URGE ALL OF OUR TRUSTEES TO VOTE “NO” TO THE APPROVAL OF A DISPENSARY AND
“NO” TO WASTING MORE TOWN FUNDS PLACING IT ON A BALLOT BASED ON A DANGEROUS
TREND. PLEASE VOTE FOR SAFETY OVER THE ALMIGHTY DOLLAR. I ALSO REQUEST THAT
THIS LETTER TO THE TRUSTEES BE PLACED ONTO THE TRUSTEES’ FORMAL RECORD.
Judy A. Howell
Mr Mayor and Trustees:
Please place this marijuana petition on the ballot for citizens to voice their right to vote on this issue.
Thank you
Sharron Bryan
Please do not allow Pot shops in our town.
Thanks,
Bill
Rocky Mountain Treasures
I am writing to you regarding the possibility of marijuana
dispensaries in Estes Park.
I would like you to know that I am adamantly opposed to this idea.
I pray that you will use your wisdom and authority to make the right
decision in this matter.
Sincerely,
Leslie A. Gilda
The possibility of having Marijuana sold here in Estes Park is totally unacceptable to us !! We do not
think any more distractions to drivers in Estes Park are needed. Even though Colorado has been bold
and allows this it is still a Federal crime. We know that Marijuana is the gateway drug !! Our police
department is against this and we know the possibilities of robberies and thefts will rise if we allow
this. Let's put this to a vote of the people !!
Sincerely, John / Wini Spahnle
To: Estes Park Town Trustees and Town Clerk
From: Wallace D. Saucier, Estes Park Resident & Registered Voter
I am aware that citizens have submitted petitions for an initiated ordinance to permit the operation of
a limited number of marijuana facilities within Town limits.
Please do not allow this to happen to our beautiful community. We will begin to look like all of the
other surrounding communities littered with dispensaries. Let's keep Estes unique and family-
oriented. Don't make Estes another Telluride, Crested Butte, or Breckinridge by supprting addicting
drug usage and marketing.
If people need marijuana for medical purposes, there are plenty of places they can go already....just
down the road to Lyons or Nederland. If you truly care about the health of our town, you will vote and
work AGAINST this proposed ordinance.
Thank You for your concerned service to our Community !
Town Clerk <townclerk@estes.org>
Fwd: Marijuana petition
Jackie Williamson <jwilliamson@estes.org>Mon, Sep 9, 2019 at 3:53 PM
To: Town Clerk <TownClerk@estes.org>
---------- Forwarded message ---------
From: Pam Peterson <pampeterson2@gmail.com>
Date: Mon, Sep 9, 2019 at 3:43 PM
Subject: Marijuana petition
To: <jwilliamson@estes.org>
Cc: <kzornes@estes.org>, <eblackhurst@estes.org>, <cbangs@estes.org>, <mcenac@estes.org>,
<pmartchink@estes.org>, <rnorris@estes.org>, <tjirsa@estes.org>
Dear Trustees:
I am taking this opportunity to express my concern regarding the Petition to initiate an ordinance to permit the operation of
marijuana facilities within the town limits. I respectfully request that this be brought before the voters of Estes Park. I can’t
see how allowing this would enhance the quality of life in our community. As I drive through other communities which
have allowed this, I find it very detracting to those communities, and feel it would hurt, not help this community
Respectfully,
Pam Peterson Michalec
An Estes Park Resident
Sent from my iPad
--
Jackie Williamson
Town Clerk/Human Resources Director
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
970-577-4771 (p) direct line
970-577-4777 (p) general line
970-577-4770 (f)
jwilliamson@estes.org
Town Clerk <townclerk@estes.org>
Work Product- attachments
1 message
Carlie Bangs <cbangs@estes.org>Tue, Sep 10, 2019 at 2:45 PM
To: Town Clerk <TownClerk@estes.org>
--
Carlie Speedlin Bangs
The recent report from the U.S. Surgeon General on the harmful effects of marijuana on the developing
brains of teenagers should be concerning to Ohio parents.
Possession of small amounts of marijuana have been reduced to no-jail misdemeanors in Toledo, and
recently Michigan has moved to legalize marijuana for recreational use. Ohio is in the slow process of
establishing a statewide program for allowing the sale of medicinal marijuana. The Ohio General
Assembly recently legalized the product hemp, which is related to marijuana and which law
enforcement has said is visually almost indistinguishable from pot.
All of these developments are expected to result in more widespread and open use of marijuana. One
can assume that teens will come into possession of marijuana far more easily than when marijuana
was entirely illegal.
Marijuana remains a threat
The Editorial Board
File photo by Associated Press
Sep 14, 2019
From: Joe Holtzman <joeholtzman@gmail.com>
Date: Sat, Sep 14, 2019, 7:04 AM
Subject: No good for Estes !
To:
According to the new health advisory from Surgeon General Jerome Adams, marijuana use can harm a
growing fetus and a teen’s brain. He said that no amount of marijuana use during pregnancy or
adolescence is safe. And yet, trends indicate that pregnant women and young people are becoming
more likely to use the drug — and less likely to recognize the risks.
Dr. Adams also pointed out that the drug available today is more potent than it has been in years past.
As he said, “this ain’t your mother ’s marijuana.” The amount of THC, the psychotropic component in
marijuana, has increased three to fivefold over the last few decades. And that doesn’t account for
concentrated forms such as edibles, oils, and waxes.
Ohio was caught unawares by the opioid epidemic and was slow to react. A potential epidemic of
excessive marijuana use is on the horizon. It doesn’t have to be a public health crisis if public health
authorities and law enforcement don’t entirely let down their guard.
The most recent report from the National Survey on Drug Use and Health, in 2018, reported that teen
marijuana use remained low, less than half the level of the 1970s and 1980s. However, it was rising. An
estimated 109,000 Ohio youths, ages 12 to 17, smoked marijuana at least once the previous year, up
almost 5 percent from a year earlier.
Parents, state and county health officials, schools, and police can work together to maintain a strong
resistance to marijuana use becoming tolerated among preadults.
WEBLINKS
Read more Blade editorials View Link
Blade Editorial Board BLADE EDITORIAL BOARD
@BladeOpinion letters@theblade.com
Subject: Marijuana peƟƟon
From: Pam Peterson <pampeterson2@gmail.com>
Date: 9/9/2019, 3:43 PM
To: jwilliamson@estes.org
CC: kzornes@estes.org, eblackhurst@estes.org, cbangs@estes.org, mcenac@estes.org,
pmartchink@estes.org, rnorris@estes.org, tjirsa@estes.org
Dear Trustees:
I am taking this opportunity to express my concern regarding the Petition to initiate an
ordinance to permit the operation of marijuana facilities within the town limits. I
respectfully request that this be brought before the voters of Estes Park. I can’t see how
allowing this would enhance the quality of life in our community. As I drive through other
communities which have allowed this, I find it very detracting to those communities, and
feel it would hurt, not help this community
Respectfully,
Pam Peterson Michalec
An Estes Park Resident
Sent from my iPad
Marijuana petition
1 of 1 9/23/2019, 11:08 AM
Subject: marijuana faciliƟes in town
From: <gladranger@q.com>
Date: 9/9/2019, 7:47 AM
To: "cbangs@estes.org" <cbangs@estes.org>
I do not think this is such a good idea…..We already have so many winery’s..disƟlleries…and breweries…..what used to
be a very family and outdoor oriented town is now turning into something else….we do sƟll have our NaƟonal Park
which will hopefully keep us on the Colorado list of unique places to visit….lets keep the town of Estes Park on that list
too……lets not become another mountain town that is like all the others……lets keep our focus towards family and
outdoor recreaƟon……..what you think will aƩract families will eventually keep the families away…….you, the town,
have worked to hard to create a specific environment…we might call it “your label”….why risk losing that most “
wonderful label” called Estes Park ……please.. do not think just about the immediate…but think about the long term
effects……..thank you for taking a moment to really think about this……sincerely….laurie oliver ……
Sent from Mail for Windows 10
marijuana facilities in town
1 of 1 9/23/2019, 11:12 AM
Subject: Marijuana peƟƟon
From: PAT STEVENSON <luvestes1@msn.com>
Date: 9/7/2019, 11:39 AM
To: Todd Jirsa <tjirsa@estes.org>
AŌer Amendment 64 was passed, Visit Estes Park website had this to say, "While there are varying
opinions on this legislaƟon and its affects, Estes Park has taken measure to minimize the exposure of
residents and guests to this new industry. Thanks to these measures, Estes Park will remain a family-
friendly desƟnaƟon and community, upholding our tradiƟons of physical & spiritual wellness, outdoor
recreaƟon, meaningful connecƟons with nature & each other, and Ɵmeless family fun."
At the Ɵme I thought this was a final decision but now we are again faced with this new peƟƟon. One
dispensary begets more just as one brewery here in town led to others. Please keep our town free of
culƟvators, dispensaries and whatever else that would spread from these faciliƟes.
Thank you.
Pat Stevenson
Marijuana petition
1 of 1 9/23/2019, 11:13 AM
Subject: Marijuana faciliƟes within town limits
From: Ross Maxwell <rmaxfive@gmail.com>
Date: 9/6/2019, 8:34 PM
To: Todd Jirsa <tjirsa@estes.org>, cbangs@estes.org, eblackhurst@estes.org, mcenac@estes.org,
Patrick Martchink <pmartchink@estes.org>, rnorris@estes.org, kzornes@estes.org
Please allow the residents of the Town of Estes Park to vote on this.
Respecƞully,
Ross & Sue Maxwell
503 Big Horn Drive
Marijuana facilities within town limits
1 of 1 9/23/2019, 11:16 AM
Subject: GASP Concerns About Marijuana Smoking and Vaping “Hospitality” Establishments
From: GASP of Colorado <info@gaspco.org>
Date: 9/5/2019, 5:24 PM
he Marijuana Enforcement Division is currently reviewing House Bill 1230 that would allow communities like yours to opt in and allow
marijuana smoking and vaping establishments to open up. The Colorado Group to Alleviate Smoking Pollution (GASP) opposed the bill
and has some concerns about the unintended consequences of allowing these establishments to operate. I am attaching those concerns
since this issue is likely to emerge.
The Colorado Group to Alleviate Smoking Pollution (GASP) is a 501-c-3 statewide nonproϐit organization founded in 1977. Through
education and policy change, GASP works to save lives through efforts to eliminate exposure to secondhand smoke from the air we
breathe at work, in public places, and in multiunit housing. No one should be forced to breathe smoke, whether it is from tobacco or
marijuana smoking or vaping.
Pete Bialick, President
Group to Alleviate Smoking Pollution
GASP of Colorado
4710 Table Mesa Dr Suite A
Boulder CO 80305-4504
303-444-9799
info@gaspco.org (E-mail)
Support GASP with your tax-deductible contribution.
Visit GASP's Great Web Sites
gaspforair.org
mysmokefreehousing.org
mysmokefreehousing.com
denversmokefreeliving.org
breathcolorado.org
breathefreeColorado.org
smokeissmoke.com
To be removed from GASP's e-mail list, reply "Unsubscribe" to this e-mail.
Attachments:
GASP Concerns About Marijuana Smoking and Vaping Establishments.docx 15.8 KB
GASP Concerns About Marijuana Smoking and Vaping “Hospitality” E...
1 of 1 9/23/2019, 11:17 AM
GASP Concerns About Marijuana Smoking and Vaping “Hospitality” Establishments
The Colorado Group to Alleviate Smoking Pollution (GASP) is a 501-c-3 statewide nonprofit organization
founded in 1977. Through education and policy change, GASP works to save lives through efforts to
eliminate exposure to secondhand smoke from the air we breathe at work, in public places, and in
multiunit housing. No one should be forced to breathe smoke, whether it is from tobacco or marijuana
smoking or vaping.
Smoking restrictions have been enacted to protect the public from exposure from secondhand tobacco
smoke because scientific evidence demonstrating that exposure to the 250 toxic or cancer causing
chemicals emitted can cause disease and death. Secondhand marijuana smoke contains many of the same
chemicals in secondhand marijuana smoke, and electronic smoking devices emit some of those same
chemicals as well as others regardless of what they are used for. If you would like more information
about secondhand marijuana smoke or the aerosols emitted form electronic smoking devices, visit this
GASP website: smokeissmoke.com.
The Colorado legislature passed House Bill 1230 which gives local communities the option to allow just
about any type of business, including retail food establishments, book stores, bars, restaurants, or retail
stores, to obtain a license to open an establishment where people could consume, smoke, or vape
marijuana as long as the activity was not visible from outside. The vaping devices can be brought into the
establishment so they could contain tobacco or other drugs.
House Bill 1230 has no restriction as to where these establishments could be located, so they could be
located next to or near other businesses, schools, residential buildings, or homes. They could be allowed
just about anywhere indoors or outdoors as long as the activity was not “visible from outside.” That means
that if a barrier or wall is erected, these smoking rooms could be located in a grocery store, restaurant, bar,
retail store, coffee shop, spa, book store, or any other business. These smoking rooms would not even have
to be enclosed or ventilated (which does not contain all chemical emissions anyway). As it stands, we
believe the bill would allow for the return of smoking sections (for marijuana) in many public places and
workplaces.
GASP believes the passage of House Bill 1230 will have some unintended consequences.
1) Will House Bill 1230 hurt some businesses? Drifting smoke could put some establishments out
of business and affect their insurance premiums because many insurance companies provide discounts
for smoke-free policies. Places that might be especially affected are businesses with a health or beauty
focus. It will affect workers, including those who must enter to deliver goods, perform maintenance, or
provide services.
The number one source of complaints GASP receives is due to smoke drifting into businesses and
homes. Ventilation cannot isolate all the toxic chemicals emitted from tobacco or marijuana smoke,
which can drift into adjoining spaces through gaps in plumbing fixtures, outlets, plaster cracks, and other
unsealed openings. A recent study found that electronic smoking-device chemicals traveled from a vape
shop into adjoining businesses and settled on surfaces, forming a residue that included nitrosamines,
which are known to cause cancer. The American Society for Heating, Refrigeration, and Air Conditioning
Engineers (ASHRAE) stated in 2015 that for indoor air quality to be acceptable, it must be “complete ly
free from secondhand smoke, secondhand marijuana smoke, and emissions from electronic smoking
devices.”
2) Could House Bill 1230 affect tourism? A majority of Coloradans do not use marijuana (around
85%). Fewer people may use marijuana in other states, which could deter tourism by people or groups
that have strong concerns about drug use. Most Americans live in states or communities where smoking
is not allowed in public places and most support laws on limiting smoking in public places and
workplaces. In Colorado, a 2017 survey of 300 Colorado voters on marijuana smoking and vaping in
public places found that more than 80 percent of Coloradans support keeping and strengthening the
Clean Indoor Air Act, that 86 percent agree that the law should apply to all types of smoking including
marijuana smoking, and that 76 percent agree that the law should also apply to vaping.
3) How Will House Bill 1230 affect the public health? At least 33 individual constituents known to
cause cancer are present in both marijuana smoke and tobacco smoke, according to a 2009 California
Environmental Protection Agency report, and exposure to secondhand marijuana smoke can have
harmful health effects, including those linked to lung cancer, atherosclerosis (partially blocked arteries),
heart attack, and stroke.
In a 2018 study a California environmental scientist tested particle concentrations at a dispensary
event where vaporizing and dabbing occurred and found particulate-matter levels of 250 to 600 ug/m3.
The emissions were nearly constant for six hours. These kinds of air pollution levels are the same levels
of air pollution caused by wildfires and can lead to cardiovascular and respiratory disease, according to
the study.
4) Will House Bill 1230 weaken the Colorado Clean Indoor Air Act? The Act ensures that
Coloradans have the right to breathe smoke-free air in public places and in workplaces. The restriction on
indoor marijuana smoking was added to this Act in 2013. More than thirty communities in Colorado have
been strengthening, not weakening, their smoke-free protections to include electronic devices and
marijuana. Many include outdoor areas like parks, trails, and playgrounds.
5) Will House Bill 1230 be hard to enforce? Electronic smoking devices can be used to deliver
marijuana and other drugs, according to the Centers for Disease Control. Some devices can also mix
tobacco with marijuana. Some devices are known to explode. HB 1230 allows customers to bring in their
own electronic smoking devices. How will people know if anything other than marijuana is contained in
the devices?
6) Will House Bill 1230 reflect the preferences of most Coloradans? Coloradans want control of
what they put in their bodies, and they understand that all secondhand tobacco, marijuana smoke, and
aerosol emissions from electronic smoking devices contain chemicals that will hurt their health. No one
should be forced to breathe harmful chemicals at work and in public places. Most Coloradans do not use
marijuana (85%).
7) Does House Bill 1230 conflict with the Colorado constitution? Amendment 64 does not permit
marijuana consumption that is conducted openly and publicly or in a manner that endangers
others. Furthermore, Amendment 64 legalized only four classes of marijuana establishments: (1)
marijuana cultivation facilities, (2) marijuana testing facilities, (3) marijuana product manufacturing
facilities, and (4) retail marijuana stores. Amendment 64 did not authorize a new class of license outside
of those listed above, and thus does not provide authority for the state to license privately owned
businesses for the public consumption of marijuana on those premises in the same way that it does with
alcohol.
Subject: Marijuana in the Town of Estes Park
From: Jeanne Allen <jandlallen@gmail.com>
Date: 9/4/2019, 1:51 PM
To: jwilliamson@estes.org, kzornes@estes.org, eblackhurst@estes.org, cbangs@estes.org,
mcenac@estes.org, pmartchink@estes.org, rnorrris@estes.org, tjirsa@estes.org
CC: jeanne Allen <jandlallen@gmail.com>
We are opposed to allowing marijuana dispensaries in the Town of Estes Park for the following
reasons:
The federal government sƟll considers it a federal crime to possess or use marijuana. If a visitor
to Rocky Mountain NaƟonal Park purchased marijuana in Estes and that visitor wasn’t familiar
where the boundary was for the Park, could that visitor be arrested when the visitor unwiƫngly
crossed into the Park? Does it make sense to encourage the use of marijuana this close to
federal land?
Unlike the use of alcohol, is there a legal standard for determining when a person is under the
influence of marijuana?
How much Ɵme and money will it take to police the sale and use of marijuana around Town?
We are known as a family friendly desƟnaƟon. Having marijuana dispensaries in the Town,
would not be considered family friendly.
Sincerely,
Larry Allen and Jeanne Allen
303 Curry Drive
Estes Park, Colorado
Marijuana in the Town of Estes Park
1 of 1 9/23/2019, 11:19 AM
Subject: Fwd: For Sept 10: marijuana sales (no)
From: Jackie Williamson <jwilliamson@estes.org>
Date: 9/3/2019, 8:20 PM
To: Trustees <trustees@estes.org>
Please see the public comment below related to the marijuana peƟƟon.
---------- Forwarded message ---------
From: <itsonelouder@aol.com>
Date: Tue, Sep 3, 2019 at 7:27 AM
Subject: For Sept 10: marijuana sales (no)
To: <jwilliamson@estes.org>
Sept 3, 2019
TO: Estes Park Mayor and Trustees
FROM: Sandy Lindquist, in-town resident and home-owner
RE: against Estes local marijuana "dispensaries"
Proponents/investors caused it to be "legal" in the state, but I oppose bringing
marijuana sales into our local Estes community for the following reasons (some fact,
some personal opinion).
Few people "need" this "medicine" with the intense, intrusive aroma. Calling
the sales outlets "dispensaries" is a quaint euphemism.
Estes should remain off this bandwagon and independent of the long-standing
globalist agenda encouraging a drugged populace. Today's use of the word
"progressive" has contradictory meaning.
Purchase establishments for that type of "getting high" are just 20 miles
downhill. For a long time, the public could not buy underwear in Estes -- which
more people "need" -- but all survived those times.
Usage here -- with its impairment downsides -- will be greater with local
availability; MVAs and crime directly and indirectly related to the stores will
increase (e.g., robberies/burglaries of dispensaries; impairment mischief;
chosen homelessness lifestyle).
Mountainous foot terrain and road gradients/curvature make expanded
impairment a greater risk for all (marijuana users AND respondents to mishaps).
Growing operations are carbon-energy intensive (i.e., not "green").
Estes Park has promoted a family and healthy recreation image; cute "getting
high" verbiage on a T-shirt always related to elevation and "natural highs" of the
environment.
Legalized marijuana has NOT been good for Colorado's children.
Critiquing alcohol availability does not justify adding availability for a new type
of impairment; DUIDs already are in our weekly police reports.
Fwd: For Sept 10: marijuana sales (no)
1 of 2 9/23/2019, 11:22 AM
Trail Ridge Rd is a dangerous through-road even without impaired drivers.
Even if stoned drivers are most likely overly slow, it will encourage more risky
passing.
Voters recently wanted a wellness industry here, not a "highness" industry. It
should be a VOTER DECISION.
Some recent online links follow for perusal:
https://www.pennlive.com/news/2019/04/legalizing-pot-doesnt-come-without-
societal-costs-just-look-at-colorado-anti-marijuana-advocate-says.html
https://www.nytimes.com/2019/06/30/us/marijuana-colorado-legalization.html
https://www.washingtonpost.com/national/potent-pot-vulnerable-teens-trigger-
concerns-in-first-states-to-legalize-marijuana/2019/06/15/52df638a-8c9a-11e9-8f69-
a2795fca3343_story.html?noredirect=on
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-
20190128-story.html
--
Jackie Williamson
Administrative Services Director/Town Clerk
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
970-577-4771 (p) direct line
970-577-4777 (p) general line
970-577-4770 (f)
jwilliamson@estes.org
Attachments:
e-mail logo.jpg 0 bytes
Fwd: For Sept 10: marijuana sales (no)
2 of 2 9/23/2019, 11:22 AM
9/23/2019 Reefer Madness or Pot Paradise? The Surprising Legacy of the Place Where Legal Weed Began - The New York Times
https://www.nytimes.com/2019/06/30/us/marijuana-colorado-legalization.html 1/5
Colorado’s first-in-the-nation experiment with legalized marijuana has infused the drug into almost every
corner of life.
By Jack Healy
June 30, 2019
DENVER — Serenity Christensen, 14, is too young to set foot in one of Colorado’s many marijuana shops, but she was able to spot
a business opportunity in legal weed. She is a Girl Scout, and this year, she and her mother decided to sell their cookies outside a
dispensary. “Good business,” Serenity said.
But on the other side of Denver, legalization has turned another high school student, David Perez, against the warehouselike
marijuana cultivations now clustered around his neighborhood. He said their skunky aroma often smacks him in the face when he
walks out his front door.
These are the ripples of five years of legal marijuana. Colorado’s first-in-the-nation experiment has reshaped health, politics, rural
culture and criminal justice in surprising ways that often defy both the worst warnings of critics and blue-sky rhetoric of the
marijuana industry, giving a glimpse of what the future may hold as more and more states adopt and debate full legalization.
Since recreational sales began in 2014, more people here are visiting emergency rooms for marijuana-related problems, and
hospitals report higher rates of mental-health cases tied to marijuana. At the same time, thousands of others make uneventful
stops at dispensaries every day, like the hiking guide in the college town of Boulder who now keeps a few marijuana gummies in a
locked bag to help her relax before bed.
Some families rattled by their children’s marijuana problems have moved, seeking refuge in less permissive states. But over all,
state surveys do not show an increase in young people smoking pot.
And while low-level marijuana charges have plummeted, the racial divide in drug arrests has persisted. State numbers show that
African-Americans in Colorado were still being arrested on marijuana charges at nearly twice the rate of white people.
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“You don’t see drug-addled people roaming the streets, but we haven’t created a utopia,” said Jonathan Singer, who was one of just
two state legislators who endorsed the Colorado ballot measure that made it legal for adults 21 and over to buy, consume and grow
recreational marijuana.
Mr. Singer nodded to his 3-year-old, who sat in the back seat one afternoon as they headed to a picnic. “The fact that I’m willing to
have this conversation in front of my daughter,” he said, “shows how much we’ve destigmatized this.”
The ‘Drug Talk,’ Rewritten
This is the world reconfigured by legalization — the world that 18-year-old Ethan Pierson grew up in. He was born the same year
that Colorado’s first medical-marijuana law took effect. He watched dispensaries bloom along the commercial streets leading to
his high school in suburban Lakewood.
“If you live in Colorado, it feels like somebody’s always smoking next to you,” said Mr. Pierson, who abstains.
Doctors, educators and state officials have been particularly worried about the effects of legalization on Colorado’s youth. Would a
proliferation of recreational pot shops make marijuana seem innocuous to teenagers, despite studies showing that it is harmful to
their developing minds? Would teenage pot use spike? How would it affect graduation rates and school discipline?
Reefer Madness or Pot
Paradise? The Surprising
Legacy of the Place Where
Legal Weed Began
9/23/2019 Reefer Madness or Pot Paradise? The Surprising Legacy of the Place Where Legal Weed Began - The New York Times
https://www.nytimes.com/2019/06/30/us/marijuana-colorado-legalization.html 2/5
Five years in, surveys show that most Colorado teenagers are like Mr. Pierson: They may have tried it, but 80 percent are not
current marijuana users. State surveys show that teenage marijuana use has fallen slightly since medical marijuana sales ramped
up in 2009, and has been basically flat since full legalization.
But Mr. Pierson and other students and parents said that legalization had changed marijuana’s image and availability.
Older siblings or even parents can now buy it legally and pass it along. Classmates take Snapchat videos of one another smoking on
the edges of school. Instead of dime bags, there is now a buffet of concentrates, tinctures and edibles — still illegal for young
people, but easy to come by.
“It’s easy to conceal,” Mr. Pierson said. “They carry it around in their purse or pencil bag.”
Some school administrators say they are catching more students using marijuana and fewer drinking. School disciplinary numbers
show that marijuana is a leading reason students are punished or handed over to the police. But the overall number of students
being expelled for drug infractions has actually fallen since legalization, in part because Colorado lawmakers sought to get rid of
“zero tolerance” policies at schools around the same time pot was legalized.
In a fourth-floor juvenile courtroom in Denver, where children stand in front of a magistrate on charges including curfew
violations and fighting, the number of marijuana possession cases is thinning out. The share of teenagers arrested for marijuana
offenses has fallen by about 20 percent since Colorado voted to legalize, but black youths and adults are still getting arrested at
much higher rates than white or Hispanic Coloradans, according to a state report. In 2017, black people in the state were arrested
on marijuana charges at double the rate of white ones, according to the Colorado Division of Criminal Justice.
Ethan Pierson was born the same year that Colorado’s first medical-marijuana law took effect.Benjamin Rasmussen for The New York Times
9/23/2019 Reefer Madness or Pot Paradise? The Surprising Legacy of the Place Where Legal Weed Began - The New York Times
https://www.nytimes.com/2019/06/30/us/marijuana-colorado-legalization.html 3/5
Marijuana Arrests in Colorado
Per 100,000 people of each group
Note: Juveniles are between 10 and 17 years old.Source: Colorado Bureau of InvestigationBy Jason Kao
Some parents said that marijuana was becoming too normal, another legally permissible health risk with slick marketing, like
alcohol or cigarettes. But marijuana shops cannot advertise on billboards. They are required to check identification at the door.
They are supposed to be located at least 1,000 feet from schools. Edibles can no longer look like gummy bears or fruit or be called
“candies.”
To some parents, this is not enough. They say their children smell marijuana on hikes, and count dispensaries on their rides home
from school. Before play dates, Ben Cort now asks other parents whether they keep marijuana in the house before his daughter
visits a new friend’s home. Sujata Fretz, a physician in Denver, said she found herself having a conversation with her 13-year-old
son about marijuana that was shaped by the proliferation of the industry.
“I’m forced to have a conversation with my kids because it’s more public and out there,” Dr. Fretz said. “I can’t just say, ‘Hey drugs
are bad’ when it’s legal and there are stores that sell it. My goal is to get them to not use marijuana.”
‘Nothing Is Completely Safe’
The numbers seem clear: Nearly twice as many Coloradans smoke pot as the rest of America. The number of adults who use
has edged up since legalization.
Now, the battle between legalization’s supporters and foes is focused on whether heavier pot use is hurting people’s health. It is a
high-stakes question, and Andrew Monte, an emergency and medical toxicology physician and researcher at the University of
Colorado Hospital, is on the front lines, trying to decipher what the numbers are saying.
Hospital data analyzed by Dr. Monte and others indicate that more people are arriving at emergency rooms for marijuana-related
reasons. He has treated many of them. Some are heavy marijuana users with severe vomiting. Others are children who have eaten
edibles, accidentally or not. They come to the E.R. disoriented, dehydrated or hallucinating after consuming too much marijuana.
“There’s a disconnect between what was proposed as a completely safe drug,” Dr. Monte said. “Nothing is completely safe.”
And researchers have reported that patients in the E.R. with marijuana-related cases were five times as likely to have a mental-
health issue as those with other cases.
Black White Hispanic Other
1,250
Juveniles
1,000
750
500
All ages
250
2012 ’17 ’12 ’17 ’12 ’17 ’12 ’17
9/23/2019 Reefer Madness or Pot Paradise? The Surprising Legacy of the Place Where Legal Weed Began - The New York Times
https://www.nytimes.com/2019/06/30/us/marijuana-colorado-legalization.html 4/5
Five years of legalization have yielded stories of haunting deaths: A father of three who shot his wife dead after eating edibles. A
young man visiting Colorado whose family blamed his suicide at a ski resort on the marijuana he had consumed. Rising numbers
of drivers in fatal traffic crashes who test positive for marijuana (though a positive test does not necessarily mean the driver was
high).
But none of the emergency-room visits tracked by researchers in recent studies ended with a patient’s death. And Dr. Monte, who
has treated and studied so many cannabis cases, said that thousands of Coloradans every day safely use marijuana.
A retired farmer in Southern Colorado takes it as a balm for his aching feet. It was how a woman in Denver surmounted the nausea
and pain after a double mastectomy and chemotherapy. Veterans fought to use it for post-traumatic stress. Children use it for
severe seizure disorders. It is how Alli Fronzaglia, who runs a women’s hiking group, relaxes before bed.
“It’s not wreaking havoc,” she said. “There are people using responsibly in Colorado.”
Stephanie Angell, 63, used to think she was one of them. Then she began smoking heavily every day, after she learned she had
multiple sclerosis in 2014. She started smoking after waking up, and then gravitated to the thick, amberlike extractions that offer
higher concentrations of psychoactive THC. Dispensaries offered specials, she said, like Edible Wednesdays.
“I began to smoke morning, noon and night,” she said.
Compared with the 72,000 drug overdose deaths in America in 2017, with the crimes and loss spawned by the opioid crisis,
marijuana addiction, users say, can seem too innocuous to even merit attention. State health data have not shown a surge of
patients seeking addiction treatment.
But Ms. Angell said her habit had left her life dull, like a worn pencil. She lost interest in cross-stitching and other hobbies and felt
like she had to smoke before going to the movies or to dinner.
The state has seen a proliferation of recreational pot shops.Benjamin Rasmussen for The New York Times
9/23/2019 Reefer Madness or Pot Paradise? The Surprising Legacy of the Place Where Legal Weed Began - The New York Times
https://www.nytimes.com/2019/06/30/us/marijuana-colorado-legalization.html 5/5
Ms. Angell still supports legalization. But she and other heavy users say the risks of marijuana dependence are real, and are being
overlooked as medical and recreational marijuana spread to 34 states. While legalization efforts failed this year in states including
New Jersey and New York, Illinois last week became the 11th state to legalize recreational marijuana.
“There’s a real denial,” Ms. Angell said. “It’s a very subtle, subtle addiction.”
Planting and Busts
There’s a new kind of planting season in Pueblo County, home to wide acres of pastureland and green chile fields that elected
officials want to remake as the Napa Valley of legal weed.
Law-enforcement officials say that legalization has also created fertile soil for black-market cultivations that pop up in basements.
Legalization advocates said that regulating marijuana would starve cartels and illegal marijuana trafficking. But some officials say
it has made the problem worse.
As licensed growers in Pueblo legally harvested 113,000 marijuana plants from fields and greenhouses, police and sheriff’s officers
here have been raiding houses converted to illegal cultivations that they say export marijuana to other states. People cover the
windows to hide the glowing grow lights. They rewire the electric and water lines to avoid the meters.
Last month, police and federal drug-enforcement agents raided 240 homes around Denver and Northern Colorado that were
illegally growing marijuana, the largest sweep since legalization. Jason Dunn, the United States attorney in Denver, said it was a
sign Colorado had become “the epicenter of black-market marijuana in the United States.”
Michael Cole is the owner of Colorado Rocky Mountain Farms, which grows marijuana, in Pueblo.Benjamin Rasmussen for The New York Times
9/23/2019 The forecast for fall? Above average temperatures everywhere - pennlive.com
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Legalizing pot doesn’t come without societal
costs. Just look at Colorado, anti-marijuana
advocate says
U p date d J u n 1 7 , 2 0 19 ;
P o s t ed A p r 5 , 201 9
Luke Niforatos, chief
of staff and senior
policy advisor of the
anti-marijuana
legalization group
Smart Approaches to
Marijuana, shared
stati stics from
Colorado's
experience since it
legalized pot at the
Pennsylvania
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4.3k
shares
B y J a n M u r p h y | j m u r p h y @ p e n n l i v e .c o m
Wondering what Pennsylvania would look like if recreational
marijuana was legalize d here may only require looking at
Colorado’s experience to see how it has worked out there.
Let’s just say it was described as less than desirable at a
session Friday at the Pennsylvania Leadership Conference, an
annual gathering of conservatives.
Five years into his stat e’s legalized pot experiment, Luke
Niforatos, a senior policy advisor for the Denver-based Smart
Approaches to Marijuana, told the audience in a room at the
Radisson Hotel Harrisburg in East Pennsboro Township the
data suggested the societal costs far surpass the tax revenue
marijuana gener ates. He identified his organization as the
nation’s leading organization opposing commercialization and
legalization of marijuana.
Leadership
Conference in East
Pennsboro Township
on Friday.
4 11
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After spending most of his life living in Colorado, he said he has
seen his state go from being a place known for its outdoorsy
activities to one that has “great weed.”
“When you hear your lieutenant governor going around saying
we want to go full Colorado, well I got news for him. Our former
Gov. John Hickenlooper who’s now running for president, even
he – and he’s pro legalization – even he would say you don’t
want to go full Col orado,” said Niforatos.
Pennsylvania has engaged in a pot legalization discussion in
Pennsylvania when Gov. Tom Wolf directed Lt. Gov. John
Fetterman in January to go on a statewide tour to take t he pulse
of ci tizens on the issue. Polls have shown a majority of voters
support legalization of pot for recreational purposes.
Niforatos discredited polls that limi t the responses to yes or no
on legalizat ion, saying the issue is more complex and support
for decriminalization and legalization can become conflated.
9/23/2019 The forecast for fall? Above average temperatures everywhere - pennlive.com
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Policy alternatives to marijuana legalization that his
organization advocates include looking at drug treatment,
removing criminal penalties for low-level use, discouraging pot
use and raising awareness of science-based research as to i ts
effects.
But instead of going that route, his state chose to legalize and
now is a place he said where you can find pot shops galore.
It’s become so normalized there that Girl Scouts set up tables
lined with their boxes of cookies right outsid e of pot sh ops. Kids
gather outside pot shops during their lunch break. There’s 1,014
pot shops in Colorado, compared to 600 McDonald’s and
Starbucks combined.
“It’s getting to the point now where it’s just reality. There’s pot
shops are everywhere and our kids are seeing that and they
see them as kind of just normal part of everyday life and that is
9/23/2019 The forecast for fall? Above average temperatures everywhere - pennlive.com
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probably one of the things I am most saddened by as a da d and
as somebody from Colorado,” he said.
States that have legalized it looked at it as a new revenue
source. Pennsylvania’s Auditor General Eugene DePasquale
has estimated legalizing cannab is here could generate as much
as $500 mi llion – or 1.5% of the current year ’s state budget.
But he said in states that have legalized, marijuana tax revenue
has been even more negligible. Colorado generates about
three-quarters of 1% of its revenue from marijuana taxes. In
Washington and Oregon, the percentage is even less.
“The money is not even close to what is promised and the
question becomes is the money worth all the problems if it’s so
little,” Niforatos said.
About those problems
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Supporters say legalizing marijuana will help with the opioid
problem and reduce the number of opioid deaths. But initial
research suggests people who smoke marijuana are 2.7 times
more likely to use prescription opioids while continuing their
cannabis use, Niforatos said.
What’s more, Niforatos said the number of opioid and heroin-
related deaths in Colorado have risen from 377 in 2012, the
year before legalization took effect, to 560 in 2017.
“As the science continues to develop, the answer seems to be
that this is really not going to be the solution for the opioid
crisis,” he said.
How it impacts young people is another of the many issues
Niforatos addressed during his presentation.
Since his state has legalized it, studies and surveys show there
has been “massive increases among our youth in terms of using
marijuana.” Marijuana offenses are by far the number one
offense happening in Colorado schools.
The higher use among youth is not just a phenomenon
observed in his own state either, he said. Statistics from the
National Survey on Drug Use and Health that he shared
indicate one in five youth and one in 10 young adults in states
that have legalized marijuana have been diagnosed with
cannabis use disorder in the past 12 months.
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“It’s very, very concerning what we’re seeing in legalized
states,” Niforatos said.
A recently released report by the Colora do Health Department
indicated 400 percent increase in children zero to nine exposed
to high potency pot products, meaning poisoned by them,
ingesting them, going to the hospital. Hospitalizations have
risen 200 percent since legalization happene d there. The report
also found children ages 1 to 13 in 32,800 homes were exposed
to second-hand marijuana sm oke.
Part of the youth attraction to marijuana is the form it takes.
Despite those states’ claims of not allowing child-friendly pot
products, pot shops sell products like “Pot Tarts,” “Kush Pop,”
and pot-laced gummy bears and candy bars, along with vaping
devices.
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Edible and drinkable marijuana
products are becoming the direction
the marijuana industry is going, which
is dis turbing given their appeal to
children, said Luke Niforatos of Smart
Approaches of Marijuana, an anti -
marijuana legalization group.
“How many people think this is for 21 and up?” he said, pointing
to a pi cture featuring pot-laced candy and soda. “This is where
the industry is going.”
Pennsylvania Family Institute President Michael Geer, who led
the discussion, said his group typically doesn’t delve into this
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issue but it doesn’t intend to stay quiet as the support for
legalizing pot in Pennsylvania is no longer a sleeper issue.
“This was not something we thought, ‘oh good another fight’ but
just hearing these stats and seeing the impact on families and
children and parents and society, we don’t think we can sit on
the sideline s with this,” Geer told the a udience. “We’re building
a coalition. We want to work with any of you and all of you.”
There’s money to be made
The industry has attracted the attention of tobacco, beer, and
pharmaceutical companies looking to cash in on the lucrative
marijuana market.
“The industry is makin g billions of dollars. What do you do if you
are a billion-dollar industry? Yo u hire the best lobbyists and you
go to the Hill and get self-serving regulations. That’s exactly
what’s going o n in Colorado and elsewhere,” Niforatos said.
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He noted the state of Washington last year tried to curb the sale
of pot-laced gummy bears but legislation ran into opposition in
the eleventh-hour from the marijuana lobby, stopping that bill in
its tracks. Attempts to cap THC levels in pot products failed in
Colorado as did efforts to limit the location and number of
stores.
Joe Peters, a former state and federal drug prosecutor, who
also was a presenter at the session, said seeing the results of
Colorado’s experience should serve as enough of a deterrent to
Pennsylvania.
He said, “With this opioid and fentanyl crisis killing 70,000
people a year, 13 people a day in this state, why in the world
would we want to layer on another drug problem.”
He said he has evolved to acc ept legalization of medical
marijuana but that’s where it stops with him.
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Despite the libertarian in him and not liking to have the
government tell him what to do, Pete rs said sometimes
sacrificing that libertarianism is necessary.
“There is a line," he said. "If there is a line where we know way
more har m than good is going to come of something, then even
with that little libertarianism in all of us we have to do something
good as a community and as a society.”
9/23/2019 Potent pot, vulnerable teens trigger concerns in first states to legalize marijuana - The Washington Post
https://www.washingtonpost.com/national/potent-pot-vulnerable-teens-trigger-concerns-in-first-states-to-legalize-marijuana/2019/06/15/52df638a-8c9a…1/5
Potent pot, vulnerable teens trigger concer ns in first states to
legalize marijuana
By Jennifer Oldham
June 16
DENVER — The first two states to legalize recreational marijuana are starting to grapple with teenagers’
growing use of highly potent pot, even as both boost the industry and reap huge tax windfalls from its
sales.
Though the legal purchase age is 21 in Colorado and Washington, parents, educators and physicians say
youths are easily getting hold of edibles infused with tetrahydrocannabinol, or THC, the psychoactive
component that causes a high, and concentrates such as “shatter,” a brittle, honey-colored substance that
is heated and then inhaled through a special device.
Each poses serious risks to adolescents’ physical and mental health.
“Underage kids have unbelievable access to nuclear-strength weed,” said Andrew Brandt, a Boulder,
Colo., software executive whose son got hooked while in high school.
With some marijuana products averaging 68 percent THC — exponentially greater than the pot baby
boomers once smoked — calls to poison control centers and visits to emergency rooms have risen. In the
Denver area, visits to Children’s Hospital Colorado facilities for treatment of cyclic vomiting, paranoia,
psychosis and other acute cannabis-related symptoms jumped to 777 in 2015, from 161 in 2005.
The increase was most notable in the years following legalization of medical sales in 2009 and retail use
in 2014, according to a study in the Journal of Adolescent Health published in 2018.
9/23/2019 Potent pot, vulnerable teens trigger concerns in first states to legalize marijuana - The Washington Post
https://www.washingtonpost.com/national/potent-pot-vulnerable-teens-trigger-concerns-in-first-states-to-legalize-marijuana/2019/06/15/52df638a-8c9a…2/5
“Horrible things are happening to kids,” said psychiatrist Libby Stuyt, who treats teens in southwestern
Colorado and has studied the health impacts of high-potency marijuana. “I see increased problems with
psychosis, with addiction, with suicide, with depression and anxiety.”
It is unclear whether all of this means years of generally stagnant pot use among children are coming to
an end. Surveys finding little change with pot since 2014 “may not reliably reflect the impact of
legalization on adolescent health,” the authors of that 2018 study concluded.
Washington’s latest Healthy Youth Survey showed 20 percent of eighth-graders and nearly half of
seniors “perceive little risk of regular marijuana use.” Many teens consider it less risky than alcohol or
cigarettes.
As more than a dozen states from Hawaii to New Hampshire consider legalizing marijuana, doctors warn
of an urgent need for better education — not just of teens but of parents and lawmakers — about how the
products being marketed can significantly affect young people’s brain development.
The limited scientific research to date shows that earlier and more frequent use of high-THC cannabis
puts adolescents at greater jeopardy of substance use disorders, mental health issues and poor school
performance.
9/23/2019 Potent pot, vulnerable teens trigger concerns in first states to legalize marijuana - The Washington Post
https://www.washingtonpost.com/national/potent-pot-vulnerable-teens-trigger-concerns-in-first-states-to-legalize-marijuana/2019/06/15/52df638a-8c9a…3/5
“The brain is abnormally vulnerable during adolescence,” said Staci Gruber, an associate professor of
psychiatry at Harvard Medical School who studies how marijuana affects the brain. “Policy seems to
have outpaced science, and in the best of all possible worlds, science would allow us to set policy.”
The critics also insist that more must be done to maintain tight regulation of the industry. That’s not
been the case so far, they argue, with dispensaries opening near high schools in Seattle and with retail
and medical pot shops in Denver outnumbering Starbucks and McDonald’s locations combined.
The bills that passed this spring in each state’s legislature, with bipartisan support, aimed mostly for
industry expansion or deregulation. Washington lawmakers lightened the consequences of
administrative violations, allowing for written warnings in lieu of fines. Colorado lawmakers approved
broader investment in marijuana businesses and home delivery for medicinal users — followed by
delivery for recreational users in 2021. Colorado also gave the go-ahead for consumers to use the drug in
licensed dispensaries, restaurants and theaters.
Some physicians liken the states’ actions to a public health experiment, one that supports the cannabis
industry’s interests while ignoring the implications for adolescents’ health.
“I hope we don’t lose a generation of people before we become clear we need to protect our kids’ brains,”
said Leslie Walker-Harding, an adolescent medicine specialist who chairs the pediatrics department at
Seattle Children’s Hospital. It also is seeing more teens with marijuana-related symptoms.
The industry disagrees that potent products like crumble, budder and crystalline are a danger, saying
additional studies are needed. Existing data are “inconclusive about whether the changes that have been
linked to early cannabis use are damaging in the long term,” Morgan Fox, media relations director for
9/23/2019 Potent pot, vulnerable teens trigger concerns in first states to legalize marijuana - The Washington Post
https://www.washingtonpost.com/national/potent-pot-vulnerable-teens-trigger-concerns-in-first-states-to-legalize-marijuana/2019/06/15/52df638a-8c9a…4/5
the National Cannabis Industry Association, said in an email. “There also needs to be more research on
whether potency actually has an impact on consumers.”
What’s not disputed is how much is on the line financially. Ten states and the District of Columbia —
with Illinois poised to be next — allow recreational marijuana use for adults, and 34 permit medical
marijuana. Washington’s commercial market posted a record $978 million in retail sales in fiscal 2018,
data show, which meant $358 million in excise tax for state coffers. Colorado’s pot industry racked up
even higher sales in calendar 2018: a record $1.54 billion, which brought in $266 million in marijuana
taxes, licenses and fees.
Colorado state Rep. Jonathan Singer, a Democrat from the community of Longmont, north of Boulder,
expects the new delivery law to help block teens from buying marijuana via online and other easy
sources. “We are in many ways stamping out a black market that doesn’t care whether they sell to kids,”
he said in an interview.
Yet many educators and parents worry the opposite will occur: that the most recent measures will make
it even easier for adolescents to get cannabis.
“It seems like everyone is looking the other way, and meanwhile kids are ending up in hospitals,” Brandt
said in detailing the struggles over his son’s marijuana use. After the 20-year-old college student’s grades
plummeted in the fall, his father enrolled him in a private treatment program costing thousands of
dollars a month.
The popularity of cannabis concentrates — which bear no resemblance to the plant from which they’re
derived — is linked to teens’ burgeoning use of electronic cigarettes, according to school officials.
Some e-cigarette devices work with marijuana as well as nicotine. Unlike a burning joint, the vaped pot is
odorless and smokeless.
The crossover is evident in Montrose, a recreation hub nestled in the Uncompahgre Valley on Colorado’s
western slope. A 2017 national survey ranked Colorado at the top of 37 states for high-schoolers’ use of e-
cigarettes, with a state survey that same year finding that more adolescents here vape than in any other
region.
Vaping is an escalating disciplinary issue for Principal Scot Brown, a burly, no-nonsense administrator
who has led Olathe Middle and High School for 11 years. He keeps the evidence in his “confiscation
drawer.”
“This is from a four-day period,” he said recently, yanking open the drawer to reveal about a dozen vape
pens and other devices. One was an angular gold-and-black teardrop-shaped gadget he found in a kid’s
wallet. “Almost 50 percent of my students have vaped, whether it’s nicotine or marijuana. It’s an
epidemic.”
9/23/2019 Potent pot, vulnerable teens trigger concerns in first states to legalize marijuana - The Washington Post
https://www.washingtonpost.com/national/potent-pot-vulnerable-teens-trigger-concerns-in-first-states-to-legalize-marijuana/2019/06/15/52df638a-8c9a…5/5
Brown is hardly the only Montrose educator alarmed about students vaping cannabis. Matt Jenkins, who
coordinates special education programs for the school district, mobilized after seeing students “going
into the stratosphere, getting beyond way too high.” He obtained a $750,000 grant, funded by state
marijuana tax revenue, to hire two social workers and a nurse to help with “the Pandora’s box we
opened.”
Jenkins quips that the district is “using weed money to tell the kids not to use weed” — and to prevent or
reduce substance abuse. Its strategies include events that bring together students, parents, public health
officials and even former users, as happened on a misty morning last month at Olathe.
In the school’s cavernous gym, back-to-back assemblies were introduced to a 40-year-old author,
speaker and drug-treatment consultant named Ben Cort. Clad in a blazer and jeans, he paced the floor
and talked about how he’d kicked his marijuana habit as a teen — and why that was so important.
Cort explained which part of the brain controls which function. He focused on the frontal lobe, the area
instrumental in problem solving, memory, language and judgment. Not until a person’s mid-20s is it
fully developed, he stressed.
“Think about it this way: Your brain is my phone — it’s still growing and getting strong enough to handle
everything the world will throw at it,” he said, lifting his black cellphone high over his head. “When you
put THC in it,” Cort paused and flung the phone to the floor, eliciting gasps.
What will happen? he asked. His audience shouted the answer: “It will break!”
“Right,” he responded. “The bottom line is, weed ain’t for kids in any form — eating it, vaping it, smoking
it. It’s not okay.”
The students bombarded him with questions: Is weed addictive? Is what it does to a teen’s brain actually
visible on a scan? Can you overdose on it? His answer, again and again and again: yes.
Cort conceded afterward that his talks with young people are often the hardest. They think they know so
much more than they do, he said, and don’t realize how vulnerable they are in a world of ever-more-
powerful pot. The same applies to any state where pot is legal, he maintains.
“We are holding on to a construct of marijuana which today is antiquated,” he said. “Ten years from now,
there’s going to be a reckoning.”
9/23/2019 Problem after legalizing marijuana: Pot business in Denver helped to supply black market, prosecutors say - Chicago Tribune
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-20190128-story.html 1/7
Problem after legalizing marijuana: Pot
business in Denver helped to supply black
market, prosecutors say
B y K AT H L E E N F O O D Y
A S S O C I AT E D P R E S S |J A N 2 8 , 2 0 1 9 | D E N V E R
Closed signs are displayed Dec. 14, 2017, on the front door to a marijuana dispensary in south Denver. The owners of the Denver
marijuana business pleaded guilty Jan. 25, 2019 to drug and racketeering charges. (David Zalubowski/AP)
The owners of a Denver marijuana business pleaded guilty Friday to drug and
racketeering charges and will spend a year in prison in what city officials called the
first local prosecution of a legal pot enterprise in the U.S.
A yearlong investigation of Sweet Leaf's sales practices centered on a practice
known as "looping," where a customer purchases the maximum amount of
9/23/2019 Problem after legalizing marijuana: Pot business in Denver helped to supply black market, prosecutors say - Chicago Tribune
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-20190128-story.html 2/7
marijuana that Colorado law permits and repeatedly returns to the same retailer to
purchase more on the same day. Prosecutors believe people using the strategy at
Sweet Leaf locations purchased more than 2 tons of marijuana intended for sale on
the black market.
ADVERTISEMENT
The case is unique in that Denver authorities charged a pot business in one of 10
states plus Washington, D.C., that broadly allow marijuana use by adults and a
commercial market to supply cannabis products. The majority of such businesses
"are reputable and responsible and strive to obey our marijuana laws," Denver
District Attorney Beth McCann said in a statement.
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9/23/2019 Problem after legalizing marijuana: Pot business in Denver helped to supply black market, prosecutors say - Chicago Tribune
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-20190128-story.html 3/7
"Sweet Leaf is an exception," she said.
ADVERTISEMENT
Under a plea agreement, Matthew Aiken, Christian Johnson and Anthony Sauro
will serve one year in prison followed by a year of parole tied to the drug charge
and a year of probation for the racketeering charge.
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PA I D P O S T What's This?
9/23/2019 Problem after legalizing marijuana: Pot business in Denver helped to supply black market, prosecutors say - Chicago Tribune
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-20190128-story.html 4/7
B U S I N E S S
Colorado's governor has some advice for Illinois on legalizing recreational weed
N O V 1 4 , 2 0 1 8 | 4 :2 0 P M
Aiken, 40, was sentenced immediately, and courtroom deputies placed him in
handcuffs following the hearing. Johnson, 50, and Sauro, 33, will be sentenced in
several weeks.
They and their attorneys left the courtroom without speaking to reporters.
Senior Deputy District Attorney Kenneth Boyd said investigators found evidence
that Sweet Leaf's owners knew about and encouraged the illegal sales. Employees
would even contact buyers known as "loopers" to notify them of medical marijuana
deliveries to dispensaries, he said.
9/23/2019 Problem after legalizing marijuana: Pot business in Denver helped to supply black market, prosecutors say - Chicago Tribune
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-20190128-story.html 5/7
ADVERTISEMENT
"Once the practice was authorized by ownership, it was pushed at the highest
levels," Boyd said. "It was sell, sell, sell. This was about greed and making money,
and that came from the top."
Denver police began investigating the chain of dispensaries in 2016 after a
neighbor of one Sweet Leaf location complained about repeat customers visiting
the dispensary day after day.
[Most read] Column: Trump pulls ‘reverse-Nixon’ over Ukraine call: ‘I AM A
CROOK!’ »
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9/23/2019 Problem after legalizing marijuana: Pot business in Denver helped to supply black market, prosecutors say - Chicago Tribune
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-20190128-story.html 6/7
Investigators scrutinized Sweet Leaf's sales practices by using data collected by
state regulators and material collected during December 2017 raids of several
company properties. Several months earlier, the company's owners told Marijuana
Business Magazine that they had 350 employees and $60 million in revenue.
Boyd said the 12 low-level employees arrested during the raids have since reached
plea agreements contingent on community service. Two former managers received
30-day jail sentences in November as part of a plea agreement that required them
to cooperate with investigators.
Boyd said Denver prosecutors still are pursuing cases against 10 people accused of
using looping to buy excess marijuana at Sweet Leaf locations.
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The investigation prompted Colorado regulators last year to clarify rules limiting
how much marijuana an individual customer can buy in one day.
9/23/2019 Problem after legalizing marijuana: Pot business in Denver helped to supply black market, prosecutors say - Chicago Tribune
https://www.chicagotribune.com/business/ct-biz-legalized-marijuana-colorado-20190128-story.html 7/7
Attorneys for the company's owners had argued that the rules only limited the
amount of product a customer could buy during a single sales transaction. City and
state regulators rejected that argument, and Denver revoked all 26 of the
company's city-issued licenses after the police investigation began.
[Most read] Tipping your servers 15-20% is standard. But what if Chicago
requires they get paid full minimum wage? »
Colorado regulators later reached a settlement requiring the owners to surrender
all of their state-issued business licenses. The deal also bans the owners from
working in Colorado's marijuana industry for 15 years.
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Follow @ChiTribBusiness on Facebook and @ChiTribBiz on Twitter.
Crime Medical Marijuana
Subject: Marijuana in Estes
From: Lisa <lskokan@cox.net>
Date: 9/2/2019, 10:28 AM
I am aware that citizens have submitted petitions for an initiated ordinance to permit the
operation of a limited number of marijuana facilities within Town limits.
Please do not allow this to happen to our beautiful community. We will begin to look like
all of the other surrounding communities littered with dispensaries. Let's keep Estes
unique and family-oriented. So many visitors come to Estes saying how much they
appreciate the fact that Estes still has a family atmosphere and does not look like the
rest of the mountain towns. We do not need this for income as we are not a distressed
mountain community. If people need marijuana for medical purposes, there are plenty of
places they can go already. If you truly care about the health of our town, you will not
allow this.
Thank you.
Lisa Skokan
344 Curry Drive
Marijuana in Estes
1 of 1 9/23/2019, 11:26 AM
Subject: Marijuana PeƟƟon
From: Richard Palmer <tonypalmer125@gmail.com>
Date: 8/30/2019, 4:49 PM
To: tjirsa@estes.org, cbangs@estes.org, Marie Cenac <mcenac@estes.org>, pmartchink@estes.org,
rnorris@estes.org, kzornes@estes.org
Dear Trustees and Mayor,
I understand that there is a peƟƟon to allow the sale of marijuana in the Town of Estes Park. I think
that is a very serious and controversial proposiƟon that should be decided by a vote of the ciƟzens of
Estes Park.
Thank you,
Richard Palmer
Marijuana Petition
1 of 1 9/23/2019, 11:28 AM
Subject: Vote on Marijuana peƟƟon
From: Francois Chandou <fchandou@gmail.com>
Date: 8/30/2019, 2:38 PM
To: tjirsa@estes.org, cbangs@estes.org, mcenac@estes.org, rnorris@estes.org, kzornes@estes.org,
pmarthink@estes.org
Dear Trustees & Mayor,
I am wriƟng to respecƞully request that you allow the ciƟzens of Estes Park to vote on the peƟƟon
to allow Marijuana business in our town.
This is a very controversial and serious proposiƟon and the voters should have the right to
parƟcipate in this decision.
Thank you,
Respecƞully yours,
François Chandou
Vote on Marijuana petition
1 of 1 9/23/2019, 11:29 AM
Subject: Vote on Marijuana peƟƟon
From: Chandou Anne <annechandou@gmail.com>
Date: 8/30/2019, 2:29 PM
To: tjirsa@estes.org, cbangs@estes.org, mcenac@estes.org, pmarchink@estes.org,
rnorris@estes.org, kzornes@estes.org
Dear Trustees & Major,
I am writing to respectfully request that you allow the citizens of Estes Park to vote on
the petition to allow Marijuana business in our town.
This is a very controversial and serious proposition and the voters should have the right
to participate in this decision.
Thank you,
Anne Chandou
100 Ute Lane
Estes Park, Co. 80517
Vote on Marijuana petition
1 of 1 9/23/2019, 11:30 AM
Subject: Fwd: I object to marijuana dispensaries in Estes Park
From: Jackie Williamson <jwilliamson@estes.org>
Date: 8/28/2019, 5:30 PM
To: Trustees <trustees@estes.org>
CC: Travis Machalek <tmachalek@estes.org>
Please see the email below addressed to the Town Board.
Jackie
---------- Forwarded message ---------
From: <dbonza1@aol.com>
Date: Wed, Aug 28, 2019 at 4:03 PM
Subject: I object to marijuana dispensaries in Estes Park
To: <jwilliamson@estes.org>
Cc: <dbonza1@aol.com>
To the Town of Estes Park Trustees:
I believe marijuana is a gateway drug which will lead children in our town into drug use.
Please count me among those opposed to allowing dispensaries in Eses Park.
Yours faithfully,
Dale Bonza, Town Resident
--
Jackie Williamson
Administrative Services Director/Town Clerk
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
970-577-4771 (p) direct line
970-577-4777 (p) general line
970-577-4770 (f)
jwilliamson@estes.org
Attachments:
e-mail logo.jpg 0 bytes
Fwd: I object to marijuana dispensaries in Estes Park
1 of 1 9/23/2019, 11:31 AM
Subject: Fw: Douglas CBP Officers Seize 280 lbs. of Marijuana during Labor Day Weekend | U.S.
Customs and Border ProtecƟon
From: Judy Howell <wapiƟe1@hotmail.com>
Date: 9/9/2019, 7:04 PM
To: "tjirsa@estes.org" <tjirsa@estes.org>
Thanks again for contacting me today. It was very informative. Also, I'm included the News
Release from the CustomsBorderPatrol of their Marijuana seizures from just one Port and in just
the Labor Day Weekend. This site not only speaks to Drug Seizures of all types but they also talk
about crime and border security issues affecting our whole Country. With this one, it's interesting
that Young Americans are joining with Mexican Nationals to smuggle in the drugs in quantity. So
the question is, if Marijuana is available in many states with the State's blessings, why is smuggling
marijuana and other narcotics so prevalent in our Country?
Just thought you might like their site and the info they put out. Their site is www.cbp.gov and you
can sign up for updates there.
Judy Howell
(970) 586-5455
Sent from Outlook
From: Judy Howell <wapiƟe1@hotmail.com>
Sent: Monday, September 9, 2019 6:17 PM
To: Todd Jirsa <tajirsa@gmail.com>
Subject: Douglas CBP Officers Seize 280 lbs. of Marijuana during Labor Day Weekend | U.S. Customs and Border
ProtecƟon
hƩps://www.cbp.gov/newsroom/local-media-release/douglas-cbp-officers-seize-280-lbs-marijuana-
during-labor-day-weekend
Douglas CBP Officers Seize 280 lbs. of
Marijuana during Labor Day Weekend
TUCSON, Ariz. – U.S. Customs and Border ProtecƟon, Office of Field OperaƟons
officers at the Raul Hector Castro Port of Entry in Douglas prevented two U.S. ciƟzens
and one Mexican naƟonal from smuggling 280 pounds of marijuana into the United
States during the Labor Day weekend.
Friday aŌernoon, officers referred a 20-year-old United States ciƟzen for further
inspecƟon of his Chevrolet sedan as he aƩempted to enter the U.S. from Mexico. A
CBP narcoƟcs detecƟon canine alerted officers to an odor it was trained to detect,
Fw: Douglas CBP Ofϐicers Seize 280 lbs. of Marijuana during Labor D...
1 of 3 9/23/2019, 11:56 AM
leading officers to mulƟple packages of marijuana hidden throughout the vehicle.
The drugs, weighed nearly 134 pounds, with an esƟmated value of more than
$40,000.
Smugglers aƩempted to hide
marijuana throughout a
sedan, including inside of a
speaker box
Smugglers aƩempted to hide marijuana
throughout a sedan, including inside of
a speaker box
On Sunday, officers referred an 18-year-old United States ciƟzen for addiƟonal
inspecƟon of his Kia sedan as he aƩempted to enter the U.S. through the port. A CBP
narcoƟcs detecƟon canine alerted officers to an odor it was trained to detect,
leading to the discovery of 45 packages of marijuana throughout the vehicle. The
drugs weighed nearly 50 pounds, with an esƟmated value of $15,000.
Nearly 50 pounds of
marijuana was discovered
throughout a load vehicle by
officers at the Port of
Douglas, Ariz.
Nearly 50 pounds of marijuana was
discovered throughout a load vehicle
by officers at the Port of Douglas,
Ariz.
Separately on Sunday, a 27-year-old Agua Prieta, Sonora, Mexico resident was
referred for further inspecƟon as he aƩempted to enter the U.S. through the port
driving a Ford pickup. Officers discovered approximately five large bundles of
marijuana concealed in the toolbox. The drugs weighed nearly 94 pounds, with an
esƟmated street value of more than $28,000.
Fw: Douglas CBP Ofϐicers Seize 280 lbs. of Marijuana during Labor D...
2 of 3 9/23/2019, 11:56 AM
Officers seized 94 pounds of
marijuana from within a Ford
truck.
Officers seized 94 pounds of marijuana
from within a Ford truck.
The subjects were arrested and turned over to U.S. ImmigraƟon and Customs
Enforcement’s Homeland Security InvesƟgaƟons. The vehicles and drugs were seized.
Fw: Douglas CBP Ofϐicers Seize 280 lbs. of Marijuana during Labor D...
3 of 3 9/23/2019, 11:56 AM
Subject: Fwd: Tweet by Derek Maltz Sr on TwiƩer
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: 9/3/2019, 5:04 PM
To: tjirsa@estes.org
CC: wkufeld@estes.org, erose@estes.org
Mayor,
Can you enter into public record and forward to Trustees:
1/ The Pueblo, CO cartel bust was a Cuban cartel [occupying four different homes in Pueblo]
apparently trying to chip away at Marijuana market belonging to two baƩling Mexican cartels-
married to Hezboll’ah.
These guys think nothing of six - eight hour gun baƩles expending thousands of rounds of
ammuniƟon, are armed with latest technology and weaponry, throwing bodies into acid, surgical
removal of limbs etc...
They are not people you want to invite here willingly.
#Drug Jihad
2/ Marijuana product is at cut throat compeƟƟon- with increasingly toxic compounds, added at
random dosage [to product] in filthy labs!
3/ TesƟng would be astronomical going to cash output; as mulƟple pathogens- [NOT indigenous to
American populaƟon] have the potenƟal to corrupt any aƩempt at a sterile pharmaceuƟcal process...
ie compounding MJ and Fentanyl or Carfentanyl.
TranslaƟon:
* Making street Fentanyl/ Carfentanyl in dirty sheds with trafficked and/ or other persons whose
immno system is compromised by-
* carriers of drug resistant TB, HepaƟƟs C, E-Coli, dysentery and a whole host of hitch hiking
pathogens- could start an epidemic in a Town like Estes Park- quaranƟning all together...
4/ Drugs with the potency of enhanced marijuana can not always be tested- as China has lots of
brilliant Ivy League chemists coming up with new chemical compounds as quickly as they can flood
the U.S. market!
This is too risky a venture; and in my opinion were Cameron et al to become wildly successful; he
could be at risk...and risk the lives of our LEO’s.
Thank you,
Sent from my iPhone
Fwd: Tweet by Derek Maltz Sr on Twitter
1 of 2 9/23/2019, 12:04 PM
Begin forwarded message:
From: Cynthia Fleischer <fleischercynthia@yahoo.com>
Date: September 3, 2019 at 4:08:10 PM MDT
To:fleischercynthia@yahoo.com
Subject: Tweet by Derek Maltz Sr on TwiƩer
Derek Maltz Sr (@derekmaltz_sr)
8/26/19, 1:02 PM
Label Mexican Cartels as Terror Groups as They Grow Stronger, More Violent. Great work by
@charloƩecuthbo. This crisis has evolved and is more complex than ever. Need a UNITY OF
EFFORT and a terrorist designaƟon for these ruthless cartels. 🇺🇸 theepochƟmes.com/calls-to-
label…
Download the TwiƩer app
Sent from my iPhone
Fwd: Tweet by Derek Maltz Sr on Twitter
2 of 2 9/23/2019, 12:04 PM
122
Memo
COMMUNITY DEVELOPMENT
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From:Randy Hunt, Community Development Director
Date:September 10, 2019
RE:Structure of Joint Town Board/County Commission Meeting on September
30, 2019
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
•Seek input and staff direction regarding structure and substance for the joint
Town Board/ Board of County Commissioners meeting on September 30, in
connection with the Intergovernmental Agreement (IGA) for Planning in the Estes
Valley
Present Situation:
As the Town Board is aware, the current IGA is scheduled to expire on Feb. 1, 2020.
Discussion has taken place about ending the IGA earlier, on December 31, 2019
(coinciding with Town and County budget cycles), with a new IGA in place by that point.
Those dates are approaching rapidly.
On July 29, 2019, a joint meeting took place with both bodies of elected officials to hear
from the public regarding future direction of the IGA and the Joint Planning area. The
meeting and the facilitated small-group discussions that evening drew a sizeable
participant group, with outcomes summarized for the Board and Commission. An online
survey was active before and after July 29 to obtain more input from stakeholders.
Useful information has been gathered and will be summarized and provided to elected
officials before the Sep. 30 meeting.
Staff would note that, following direction from the dais on July 29, additional efforts were
made to get a broader cross-section of public views to complement those heard that
evening. Specifically, we reached out to the business community and to people and
families under age 55, as per direction. Some additional input was obtained and is
reflected in the survey results.
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Proposal:
The IGA expiration timeline means that Town and County need to enter a more active
stage of considering alternatives and determining direction. While listening will continue
to be important, it’s time to speak and then to decide a course of action and execute it.
Staff and officials alike have three months (with several holidays embedded) to get a
substantial amount of work done.
In short, staff now needs direction from elected officials on how to proceed. Town staff
hope to get that direction from you on September 10th, or within a short time after that
meeting – definitely before September 30th. We understand County staff are seeking
direction from the Board of County Commissioners.
The structure of the Sep. 30 meeting is a key element in this discussion. Staff is asking
that Sep. 30 be structured as a decision meeting, rather than a Study Session or
listening-only format. Formal motions and votes may be useful that evening; at the least,
staff asks for clear verbal direction and narrowing options to a manageable handful at
that time.
The goal on Sep. 10 is to give staff and the public guidance on how to refine
alternatives down to that manageable handful. Your September 10 discussion is a
Report and Discussion item, so no formal action is needed or available, but the same
type of clear direction from the Board would be important.
We would also stress that in September, it’s vital to state what alternative are not on the
table moving forward. One example of a non-start alternative, in staff’s view, is
extending the current IGA for a temporary period (e.g., six months or a year) to allow
more time for deliberation, or dialog, or similar measures. Frankly, the deadline in the
next 3-4 months has been known for a long time, and there has been considerable
dialog. Collective experience tells us that adding additional time usually does not lead to
additional options, as long as the current lead-up period has been sufficient. In this
case, it has.
Staff will be prepared to offer some specific suggestions on structure to you on Sep. 10.
An important step is scheduled before the end of 2019, and that is a third and perhaps
final joint meeting of elected officials on Thursday, November 14th, at 6:00 pm. This
meeting is on your calendars and those of the County Commissioners. With proper
preparation, this is envisioned as an action meeting at which an IGA could be voted on
and approved, with an effective date of January 1, 2020. A parallel action that evening
to end the current IGA at the same time would be a seamless procedural step.
Advantages:
• Stakeholders will come out of the Sep. 10 meeting with a clear idea of Town
leadership’s priorities for a new IGA;
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•Staff will have concrete direction on technical and procedural next steps toward a
productive joint meeting on Sep. 30, and a defined structure for that meeting and
the path beyond it.
Disadvantages:
•It can always be argued that more time is needed for input, dialog, and
deliberation.
Action Recommended:
N/A; discussion item only. Staff would welcome clear verbal direction during the
discussion.
Finance/Resource Impact:
N/A
Level of Public Interest
Medium. The IGA has generated public interest, albeit at different levels among different
stakeholders.
Sample Motion:
N/A
Attachments:
•None
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