HomeMy WebLinkAboutPACKET Town Board 2021-10-12The 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, October 12, 2021
7:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, October 12, 2021. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
OPTIONAL REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote options for participation in the meeting will be available by call-in telephone option or online
via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available
at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”.
Individuals participating in the Zoom session should also watch the meeting through that site, and not
via the website, due to the streaming delay and possible audio interference.
CALL-IN (TELEPHONE OPTION):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1.POLICY GOVERNANCE MONITORING REPORT - POLICY 3.3 FINANCIAL
PLANNING.
Board Policy 2.3 establishing reporting requirements for the Town Administrator under
Policy Governance. Policy 3.3 is reported on each October.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated September 28, 2021 and Town Board Study Session
Minutes dated September 28, 2021.
3.Transportation Advisory Board Minutes dated August 18, 2021 (acknowledgement
only).
Prepared 2021-10-01
*Revised 2021-10-08
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. Park Advisory Board Minutes dated August 19, 2021 (acknowledgement only).
5. Resolution 71-21 Memorandum of Understanding with Estes Park Western Heritage
Inc.
6. Conduit Supply Purchase Order with Western United Electric Supply Corp., Not to
Exceed $170,000, Budgeted.
7. Resolution 72-21 User Agreement for Colorado Bureau of Investigation Criminal
Justice Information Services Systems Access for Non-Criminal Justice Agency.
8. Appointments to the Estes Valley Public Library District Board of Trustees:
• Reappoint Beth Ellis for a 4-year Term Beginning January 1, 2022, expiring
December 31, 2025.
• Appoint Anne Dewey for a 4-year Term Beginning January 1, 2022, expiring
December 31, 2025.
9. Acceptance of the Town Administrator Policy Governance Monitoring Report.
ACTION ITEMS:
1. INTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD.
Town Clerk Williamson.
LIQUOR ITEMS:
1. SHOW CAUSE LIQUOR HEARING FOR GALEX LLC DBA CHELITOS MEXICAN
RESTAURANT, 145 E. ELKHORN AVENUE, HOTEL AND RESTAURANT LIQUOR
LICENSE – MOTION TO AMEND TO ADD VIOLATIONS. Town Clerk Williamson.
ADJOURN.
*
Page 2
TOWN ADMINISTRATOR’S
OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: October 12, 2021
RE: Policy Governance Monitoring Report – Policy 3.3
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board.
Reporting on Policy 3.3 – Financial Planning is required Quarterly (April, July, October,
January).
Policy 3.3 states:
“With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
Page 3
Policy 3.3: With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government. Accordingly, the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: Partial Compliance
Interpretation: I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statutory towns.
Compliance with the policy will be achieved when: There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Comprehensive Annual Financial Report
3. All policies are reviewed for legal compliance by the Town Attorney
4. No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Report: I report partial compliance due to the previously reported (03/09/2021
Policy Governance Report) expense overrun in the Medical Insurance Fund (MIF)
in 2020. I am reporting compliance in all other areas of 3.3.1.
3.3.2: Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
Status: Compliance
Interpretation: I interpret this to mean that the annual budget adopted by the
Board of Trustees represents the officially adopted priorities of the Board. This
includes any budget amendments approved by the Town Board throughout the
year and any specific spending authorizations approved by the Town Board. I
interpret “materially deviate” to mean any change in spending priority that results
in a resource diversion away from any Board objective, goal, or outcome that is
substantial enough to hinder the achievement of the objective, goal, or outcome. I
do not interpret minor deviations resulting from changing circumstances,
community demands, and/or unforeseen circumstances outside of the Town’s
control as material deviations.
Compliance with the policy will be achieved when: Budget spending does not
materially deviate from the levels approved in the adopted budget.
Page 4
Evidence:
1. The 2021 adopted budget was prepared based on the Board’s Strategic
Plan.
2. Any substantial budget changes have been presented to the Board for
review and approval as budget amendments.
3. HTE budget reports for each department are available on request.
Report: I report compliance
3.3.3: Contains inadequate information to enable credible projection of revenues
and expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Status: Compliance
Interpretation: I interpret this to mean that the Town Administrator’s
recommended budget must be based on credible data and the best available
information concerning the local economy and other factors that may impact the
Town’s revenues and expenses. In addition, the budget is to be structured to
separate capital expenditures from operational costs. All revenue projections will
be based on the professional judgement of the Town’s Finance Director.
Compliance with the policy will be achieved when:
• Revenue projections are clear and projected and actual revenues are within
a 5-10% margin of error, barring any catastrophic events.
• Actual revenues are not less than projected, barring any catastrophic
events.
• The budget presented to the Board for adoption is in a format that
separates revenues, expenses, and capital expenditures.
• Critical assumptions used in preparing the budget are clearly articulated to
the Board during budget review sessions.
Evidence:
1. COVID-19 and the economic recovery in 2021 continue to cause
difficulties in projecting revenues. We will continue to track our revised
projections as revenues recover.
2. The 2021 adopted budget is presented in a format that separates revenues,
expenditures, and capital.
3. Critical assumptions used in preparing the budget were discussed with the
Board during budget review sessions as well as during budget amendment
discussions.
Page 5
Report: I report compliance. Revenue projections will continue to be impacted by
the uncertainty created by COVID-19 and staff will continue to closely monitor
projected and actual revenues. Staff will continue to err on the side of caution
when projecting revenues in order to protect the financial position of the Town.
3.3.4: Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are otherwise
available.
Status: Compliance
Interpretation: I interpret this to mean that the proposed budget must be
balanced. This includes expenditures for the year not exceeding the revenues
received from all sources. Exceptions are Board-approved use of fund balances,
and use of funds that have been accumulated over a period of time, with the
approval of the Board, with the intent of saving funds to pay for a specific project
or capital expense.
Compliance with the policy will be achieved when: The proposed budget meets
the above criteria, inclusive of any board approved spending of fund balance or
specific reserve funds.
Evidence:
1. The adopted and amended budget includes expenditures for the year
exceeding revenues. This falls within the exception as a Board-approved
use of fund balance in reaction to the COVID-19 pandemic.
Report: I report compliance.
3.3.5: Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
Status: Compliance
Interpretation: I interpret this to mean that the audited year-end unrestricted
fund balance in the General Fund does not drop below 25% unless otherwise
authorized by the Board. If the Board approves and adopts a budget that plans for
reducing the fund balance below the 25% level, I interpret this as being authorized
by the Board.
Compliance with the policy will be achieved when:
• The final CAFR shows a General-Fund fund balance of 25% or greater,
unless otherwise approved by the Board.
• The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise approved by the Board.
Page 6
Evidence:
1. The 2020 CAFR shows a 70.4% General-Fund fund balance at the end of
2020.
2. The 2021 budget, as amended, anticipates a 53.3% General-Fund fund
balance at the end of 2021.
Report: I report compliance.
3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
Status: Compliance
Interpretation: I interpret this to mean that I must prepare a budget that
maintains a fund balance of 25% or more in the General Fund and adequate fund
balances in all enterprise funds, including the required TABOR reserve and the
current cash reserves as defined in Board Policy 670 – Cash and Investment
Reserve and Contingency.
Compliance with the policy will be achieved when:
• The final CAFR indicates a General-Fund fund balance of 25% or greater,
unless otherwise authorized by the Board.
• The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise authorized by the
Board.
• The current cash reserves meet the criteria defined in Board Policy 670 –
Cash and Investment Reserve and Contingency.
Evidence:
1. The 2020 CAFR shows a 70.4% General-Fund fund balance at the end of
2020.
2. The 2021 budget, as amended, anticipates a 53.3% General-Fund fund
balance at the end of 2021.
3. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
4. The Town’s budget contingency plan is established in Policy 670 (Section
3.b).
Report: I report compliance.
3.3.7: Fails to provide for an annual audit.
Status: Compliance
Page 7
Interpretation: I interpret this to mean that I must ensure that the Town
completes an independent audit annually. Further, that audit report should result
in an unqualified and unmodified opinion from the Board’s auditors.
Compliance with the policy will be achieved when: The annual audit is
complete and presented to the Town Board.
Evidence:
1. The 2020 Audit has been completed and the CAFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board’s auditors.
Report: I report compliance.
3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current
or future bond ratings of the Town.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that will
negatively impact the Town’s bond rating. This includes maintaining adequate
fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios
for all revenue bonds associated with the Town’s enterprise funds.
Compliance with the policy will be achieved when:
• I am in compliance with 3.3.5.
• Required bond coverage ratios are met.
Evidence:
1. The 2020 CAFR shows a 70.4% General-Fund fund balance at the end of
2020.
2. Our current (December 31, 2020) bond-coverage ratio for Power and
Communications (361%) exceeds the required ratio of 125%.
3. Our current (December 31, 2020) bond-coverage ratio for Water (722%)
exceeds the required ratio of 110%.
Report: I report compliance.
3.3.9: Results in new positions to staffing levels without specific approval of the
Board of Town Trustees. The Town Administrator may approve positions
funded by grants, which would not impose additional costs to the Town in
addition to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
Page 8
Status: Compliance
Interpretation: I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow new positions or partial positions funded by grants or
temporary positions for which existing budgeted funds are allocated without prior
approval of the Board. I may also allow reductions in staffing without Board
approval.
Compliance with the policy will be achieved when: No new positions or
expansion of any part-time positions are approved and/or hired without approval
of the Board, with the exceptions noted above.
Evidence:
1. All positions are indicated in the adopted and proposed budgets and no
unapproved positions have been created.
Report: I report compliance.
Page 9
Page 10
Town of Estes Park, Larimer County, Colorado, September 28, 2021
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 and Virtually in
said Town of Estes Park on the 28th day of September, 2021.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees
Marie Cenac
Barbara MacAlpine
Scott Webermeier
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: Trustee Carlie Bangs
Mayor Koeing called the regular meeting to order at 7:05 p.m. and all desiring to do so,
recited the Pledge of Allegiance. Mayor Koenig requested a moment of silence for the
loss of Captain Rose and for his family members.
AGENDA APPROVAL.
It was moved and seconded (Younglund/Webermeier) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Christy Crosser/Grant Specialist announced the Walk to School Day on October 6, 2021.
Laurie Dale Marshall/EVICS Executive Director introduced Rut Miller/EVICS Family
Development Coordinator. Ms. Miller advocated for community resources to be placed
in Spanish to assist in the language barrier that exists.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Recognized the month of
October as Conflict Resolution month; a daily parking option should be considered for
2022; Blue Santa to continue in 2021; recognition of the customer services provided by
the Police Auxiliary; a presentation on the merit of home rule at a future study session; a
need for additional information on the current TABOR situation and how Town funds can
be spent; CML held their 99th annual meeting in which energy efficiency and ADA were
topics of interest; the Estes Park Planning Commission approved an amendment for
wireless communication facilities at their September 2021 meeting, discussed ADUs, and
discussed incentives and creation of a RM-2 zone district to create additional workforce
housing; CompPAC heard a presentation by Museum Director Fortini on the history of the
Town and mentioned most town issues are long standing issues, Estes began as a
second home community, and completed a visioning exercise; Western Heritage to
complete a financial report in November; the Parks Advisory Board contacted the
Environmental Sustainability Task Force to offer assistance; dedication of the Women’s
Monument at Riverside and Children’s Park; and a reminder to get vaccinated for COVID-
19.
TOWN ADMINISTRATOR REPORT.
Administrator Machalek thanked the Larimer County Sheriff’s Office, Rocky Mountain
National Park, Boulder County Sheriff’s Office and Laramie for their support during the
recent event and tragic loss of Captain Rose. DRAFTPage 11
Board of Trustees – September 28, 2021 – Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated September 14, 2021 and Town Board Study Session
Minutes dated September 14, 2021.
3. Estes Park Planning Commission Minutes dated August 17, 2021 and Estes Park
Planning Commission Study Session Minutes dated August 17, 2021
(acknowledgement only).
4. Estes Park Comprehensive Plan Advisory Committee Minutes dated August 12,
2021 (acknowledgement only). Resolution 69-21 Contract for Holiday Lighting &
Exhibits with Elevation Holiday Lighting for three seasons, first season 2021-
2022, $97,784, Budgeted Annually.
5. Letter of Support for a Grant Application to the Economic Development
Administration for the Fall River Trail Project.
It was moved and seconded (Martchink/Webermeier) to approve the Consent
Agenda, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. LARIMER COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT UPDATE.
Public Health Director Gonzales provided an update on the current level of COVID-
19 in the county. The more contagious Delta variant has increased the number of
positive cases, increased the number of COVID patients in the hospital, and the
percent of ICU utilization currently stands at 108% which continues to strain hospital
resources. Those in the hospital with COVID are 90 to 93% unvaccinated. The Mu
variant shows no indication that it can outcompete the Delta variant. He stated a
higher percentage of vaccinated individuals correlates to fewer outbreaks and less
hospital usage. Schools without mask requirements are 3.5 times more likely to
have a COVID outbreak compared with schools with mask requirements. This
indicates that masks are working to slow the spread of the Delta variant. Discussion
followed on if and when individuals who have had COVID should get the vaccination;
the efficacy of the vaccination among those already infected; the need to increase
testing and which tests PCR versus binex should be used; the impact the flu season
may have on the already strained hospital resources; 15-20% of COVID patients
pass away in the ICU and those that spend more than 15 days on a ventilator have
long term health issues; and the cost of long term care and the financial impact.
PLANNING COMMISSION ITEMS:
1. ACTION ITEMS:
A. RESOLUTION 70-21, WINSLOW MINOR SUBDIVISION, 621 PINEWOOD
LANE, ELAINE WINSLOW, OWNER/APPLICANT. Planner Bergeron
stated the applicant proposes subdividing a 2.5-acre residential property into
two lots for residential use in the E-1 zoning district. The current home would
be located on the proposed Lot 2; a “no build” easement would preserve the
views on Lot 2; and limits of disturbance on Lot 1 would preserve the existing
trees on the lot. Planning Commission recommended approval of the Minor
Subdivision at their August 17, 2021 meeting. Jesse Reetz/Cornerstone
Engineering reiterated the owners are interested in building a home on the
newly created Lot 1 and have identified a location that would remove 8 trees
of the 300 on the property. It was moved and seconded
(Webermeier/MacAlpine) to approve Resolution 70-21, and it passed
unanimously.
B. ORDINANCE 14-21 AMENDING CHAPTERS 4 AND 11 OF THE ESTES
PARK DEVELOPMENT CODE REGARDING MAXIMUM BUILDING
HEIGHT IN THE DOWNTOWN COMMERCIAL (CD) ZONING DISTRICT
AND DESIGN STANDARDS FOR TALLER BUILDINGS. Director Hunt
presented an ordinance to amend the Estes Park Development Code to allow DRAFTPage 12
Board of Trustees – September 28, 2021 – Page 3
maximum building height to increase from 30 feet to 42 feet, and to provide
for modest design standards (upper-floor step backs, building articulation,
and similar measures) for taller buildings in the CD – Commercial Downtown
zoning district. The proposed changes would allow a maximum height of 42
feet as a use by right providing for three story mixed-use development in the
downtown corridor. The amendment could expand the capability for the
development of workforce housing; expand capacity for commercial
development and redevelopment; and increase the Town’s resilience in the
event of a fire, flood, or other disasters.
Discussion from the Board was heard and summarized: Trustee Younglund
stated concern the amendment outlines the height increase could allow for
workforce housing but does not make it a requirement in the downtown
corridor; Mayor Koenig stated the amendment proposed could constrain
development or redevelopment if the inclusion of workforce housing is
mandated; Trustee Webermeier commented other incentives should be
considered outside of the proposed amendment to encourage the
development of workforce housing in the downtown core; Mayor Pro Tem
Martchink concurred with viable options such as density bonus or incentives
to encourage the development of housing units; Trustee MacAlpine stated
short-term rental housing would not be allowed through the proposed
amendment to the height increase in the downtown core; and Trustee Cenac
stated support for the redevelopment of properties to address and mitigate
the fire risk downtown.
Public comment in favor of the amendment was heard from Ron
Wilcocks/County citizen and downtown business and property owner, RJ
Haber/Town citizen and downtown business and property owner, Matt
Comstock/Town citizen and Estes Park Planning Commissioner, Matthew
Heiser/Town citizen and Estes Park Planning Commissioner, and Kent
Smith/Town citizen. The proposed amendment directly addresses guidance
outlined in the Downtown Master Plan to develop mixed use development in
the downtown core; supports incentives for developers to include workforce
housing; the additional height would support the redevelopment of properties
downtown and provide financial incentives through the creation of additional
commercial opportunities; and address the Avalanche Consulting
recommendations to redevelop the downtown commercial area.
After further discussion, it was moved and seconded (Martchink/MacAlpine)
to approve Ordinance 14-21, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 9:14 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk DRAFTPage 13
Town of Estes Park, Larimer County, Colorado September 28, 2021
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
Board Room in said Town of Estes Park on the 28th day of September,
2021.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Webermeier, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Cenac,
MacAlpine, Webermeier, and Younglund
Also Attending: Town Administrator Machalek, Assistant Town
Administrator Damweber, Town Attorney Kramer, Recording
Secretary Disney, Director Muhonen, and Engineer Waters
Absent: Trustee Bangs.
Mayor Koenig called the meeting to order at 5:20 p.m.
THE FUTURE OF FIRE SAFETY IN THE ESTES VALLEY.
Chief Wolf presented the future of fire safety in the Estes Valley and highlighted the
history of the district, scope of service, fire issues in the Estes Valley, goals for future
fire safety, current projects, and anticipated needs of the district. The Board discussed
effect of a building’s height on the EVFPD, the number of volunteer firefighters,
volunteer training and response requirements, and the Wildland Urban Interface Code.
POLICY 660 – FUND BALANCE PERIODIC REVIEW.
Director Hudson presented the periodic review of Policy 660 – Fund Balance and
highlighted the purpose of the policy, current reserves to the General Fund, and
recommended best practices according to the Government Finance Officers
Association. The Board discussed effects of the reserve on the remainder of the yearly
budget, adjusting the reserve for specific projects, seasonality of sales tax revenue,
timing of operational costs, and the restricted use of fund balance reserves for one-time
expenditures. The Board determined to maintain the fund reserve at 25%.
TRUSTEE TALKS AND MAYOR’S CHAT MEETINGS.
Town Administrator Machalek presented the discussion on Trustee Talks and Mayor’s
Chat Meetings and the Board discussed staff workloads, public attendance, Board
availability, and Covid-19. The Board determined to revisit the discussion in Spring
2022.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Trustee Younglund requested and it was determined to schedule a discussion on
sunsetting the Community and Family Advisory Board for October 12, 2021. Trustee
Cenac requested a discussion on Arts in Public Places be scheduled.
There being no further business, Mayor Koenig adjourned the meeting at 6:50 p.m.
Kimberly Disney, Recording Secretary DRAFTPage 14
Town of Estes Park, Larimer County, Colorado, August 18, 2021
Minutes of a Regular meeting of the Transportation Advisory Board of the
Town of Estes Park, Larimer County, Colorado. Meeting held in Room 202
of Town Hall on the 18th day of August 2021.
Committee: Belle Morris, Tom Street, Ann Finley, Larry Gamble, Linda
Hanick, Scott Moulton, Gordon Slack
Attending: Belle Morris, Tom Street, Larry Gamble, Linda Hanick
(virtual), Scott Moulton, Gordon Slack, Public Works Director
Greg Muhonen, Engineering Mgr. David Hook, The Car Park
Matt Eisenberg, Town Board Trustee Carlie Bangs,
Community Development Director Jessica Garner
Absent: Ann Finley
Chair Morris called the meeting to order at 12:04 p.m.
PUBLIC COMMENT
No electronic submissions of public comment were received prior to the deadline and no
public was in attendance.
The TAB welcomed the new Community Development Director Jessica Garner. Director
Garner has a 20-year passion for transportation planning in conjunction with land use
planning. She desires heavy involvement with the TAB due to connections with land use
planning. The two are arms on the same body. Garner looks forward to collaboration and
invited members’ comments and questions if ever needed.
APPROVAL OF MINUTES
A motion was made and seconded (Gamble, Moulton) to approve the June and July
meeting minutes with minor edits and all were in favor. Members Hanick and Slack
abstain from the vote on the July minutes due to their absence from the July meeting.
BYLAW TEMPLATE & POLICY 102 DISCUSSION (Chair Belle Morris)
Based on discussions from the July meeting, and the review period provided prior to the
August meeting, Member Gamble made the suggestion to remove superfluous
language from the ‘Quorum’ section of the bylaws and adjustments were made by Town
Attorney Kramer.
It was suggested that the bylaws use the TAB abbreviation throughout the document
once identified at the beginning. It was also recommended that the adoption date be
reflected as XX-2021 until adopted. Muhonen expressed his appreciation to the group
for the thoughtful feedback.
After additional discussion about the board’s definition of ‘present’ for voting meeting
members, it was determined that ‘present’ can be virtual or in-person.
A motion was made and seconded (Gamble/Street) to approve TAB Bylaws and all
were in favor.
PARKING & TRANSIT UPDATES (The Car Park Mgr. Matt Eisenberg, Public Works
Director Greg Muhonen)
Parking:
Manager Eisenberg shared an update regarding the tracked Key Performance
Indicators for July. Peak occupancy, comparing 2021 to 2019, reflects the free lots
received consistently more use overall.
Dramatic increases were shown in average occupancy for free lots in 2021 over 2019.
The paid parking program appears to be doing what was intended. Even with an
Page 15
Transportation Advisory Board – August 18, 2021 – Page 2
increase in visitation, individuals are not afraid to pay to park. Moving forward,
Eisenberg will include the utilization of the temporary gravel lots as well.
Eisenberg went on to summarize revenue statistics and registration information. He
reminded the group that all data is provided on the website at
www.estes.org/paidparking.
He also shared that based on feedback related to the free 30-min. residential permits, a
majority of comments stated that 30 minutes is not long enough so they don’t use the
permits at all. A majority of the responses requested it be changed to 60 minutes.
Town Board Meeting Presentation:
Eisenberg shared that there was a Town Board update presentation on August 10,
providing the Key Performance Indicator data. Once the season is finalized an
additional presentation will be made to the Town Board. A preliminary draft will be
provided to TAB at the September meeting. The presentation will lead into 2022
recommendations. Although nothing firm has been decided the team has the overall
sense that after 3+ years of intense change, COVID-19, and feedback received, no
major changes should be recommended for 2022.
Muhonen agreed and said that it would be good to take 2022 as another year to
evaluate, allow us to respond to the downtown business feedback. 2022 can be a trust-
building year rather than additional program expansion. Implementation of this program
is not a race, but a journey with the community.
Eisenberg stated that the paid parking revenue is in line with earlier projections, and
may be a bit higher when violation revenues are factored into the equation. Chair Morris
suggested that with any overage on revenue, tangible items be purchased/installed to
help beautify the town and create more support of the program. Eisenberg stated that
Manager Solesbee does have some things in mind and can bring TAB up to speed on
her thoughts at the next meeting.
Transit:
Director Muhonen provided the Estes Transit update in Manager Solesbee’s absence.
Through the end of July, there were nearly 30,000 transit riders which is 79% over 2020
and 25% lower than 2019. In a recent call hosted by CDOT, they stated that most
Colorado transit agencies are running around 50% of their 2019 ridership numbers.
Bustang to Estes carried 455 passengers during its first month of weekend-only service.
Ridership was lower than expected but CDOT indicated they are still optimistic about
the program.
New this year is inclusion in the Ride Northern Colorado (RideNoCo) initiatives, which
brings together human service agencies, transit agencies, community members, and
staff from the North Front Range Metropolitan Planning Organization and Larimer
County to ensure residents of the region have mobility and access. A formal
announcement is coming soon.
Town staff were approached by an organization called SWEEP (Southwest Energy
Efficiency Project) to see about the Town’s interest in pursuing a “GoEV Resolution”.
The resolution is a pledge to develop an EV Action Plan with the goals and
implementation strategies required to transition the local transportation sector to zero-
emissions vehicles. Pursuing a GoEV Resolution for the Town of Este Park was one of
the action items in the recent EV Plan. Solesbee plans to discuss at the September
meeting.
Solesbee sends her thanks to Chair Morris and Vice Chair Street for attending a short-
notice listening session with Congressman Neguse.
A joint meeting will be held in the coming months, with the TAB and the Shuttle
Committee to discuss 2022 transit program.
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Transportation Advisory Board – August 18, 2021 – Page 3
ENGINEERING UPDATES (Engineering Mgr. David Hook)
Manager Hook provided project updates since the last meeting.
Capital Project(s):
Parking Wayfinding: Member Slack asked Manager Hook if he’d received any feedback
on the wayfinding signage. Hook stated that, during installation, he received some
negative feedback but that there hasn’t been much since the installation. Director
Muhonen shared that he’s received positive comments. This project was originally
intended to be completed in 2020. In 2021 the project went over budget. The Town now
has the funding and discussions are being held.
Graves Ave. Improvements: The public comment period for this project has closed. The
consultant is consolidating the feedback received. Additionally, a utility coordination
meeting and field inspection review meeting have occurred with feedback received.
Muhonen informed the TAB that the requested traffic calming via travel lane reduction
received feedback from the Estes Valley Fire Protection District requesting the Town not
reduce the lane widths. They shared that their apparatus would be larger than the
narrowed lanes. In order to achieve the wider lanes, the distance will be taken from the
trail width (8.5-ft rather than 10-ft).
PROJECT / ADMINISTRATION UPDATES (Public Works Director Greg Muhonen)
Action is now being taken regarding on-street parking. The Police Department is now
informing folks that they are no longer able to park on the narrower roads per the
Town’s Municipal Code. There are several challenges to allowing vehicles to park on
narrower roads (emergency, snow plowing, sweeping, etc.). The Public Works
Department will do what they can to accommodate on-street parking where appropriate
and will start by installing striping along Virginia in the wide portion of the road, in line
with the requirements reflected in the code.
The Town is doing the same on Cleave Street. At this point, the most difficult area is
Crabapple Lane. It is simply too narrow to allow on-street parking which became more
evident during the fires in the last year. Work continues to find a viable solution for those
in that development.
Member Moulton clarified that Vista Ridge, which has the same road width issue, was a
housing authority development that met the parking code at that time. He went on to
state that most garage spaces in that area are being used for storage. The issue is how
parking spaces are being utilized in the area. There was an agreement made between
the Town and the Vista Ridge HOA allowing parking.
OTHER BUSINESS (Chair, Belle Morris)
Chair Morris asked the members if they’d prefer to continue the in-person meetings with
a mask requirement or if the members would prefer to have virtual meetings again.
Those individuals that had a preference stated theirs for the in-person meetings with
masking.
There being no further business, Chair Morris adjourned the meeting at 2:03 p.m.
Megan Van Hoozer, Recording Secretary
Page 17
Page 18
Town of Estes Park, Larimer County, Colorado, August 19, 2021
Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held in Room 202
of Town Hall on the 19th day of August 2021.
Committee: Geoffrey Elliot Chair, Rex Poggenpohl Vice Chair, Christian
Berry, Kirby Nelson-Hazelton, Vicki Papineau, Ron Wilcocks
Attending: Geoffrey Elliot, Christian Berry, Kirby Nelson-Hazelton, Vicki
Papineau, Rex Poggenpohl, Ron Wilcocks, Brian Berg, Town
Board Trustee Marie Cenac
Absent:
Chair Elliot called the meeting to order at 8:32 a.m.
PUBLIC COMMENT
No public comment.
WELCOME NEW MEMBER
Christian Berry, the newly appointed member of the PAB was in attendance. Members
introduced themselves and provided a brief background on their associated expertise.
Berry fell in love with Rocky Mountain National Park (RMNP) in 1971. As of two years
ago, he can now call Estes Park home. His background is in forestry and environmental
engineering. He has served as Director of Stewardship for two nature organizations,
taught environmental stewardship and has volunteer for land trusts since his retirement
14 years ago.
APPROVAL OF MINUTES
A motion was made and seconded (Hazelton/Poggenpohl) to approve the July meeting
minutes and all were in favor. Member Berry abstained due to absence.
PAB BYLAWS AND POLICY 102
The Town recently updated all bylaws for consistency across the different boards. The
updated PAB bylaws were distributed to the PAB for review. All incorporated changes
were acknowledged and no recommendations for change were made by members.
Member Hazelton shared that, when reading through the bylaws, clarification would be
helpful related to the Town Board Trustee Liaison role in voting.
WOMENS MONUMENT PROJECT UPDATE
Member Wilcocks shared that all stone for the project has been delivered. The metal shop
will begin work on the donor plaque, and anticipate its completion at the beginning of
September. At this time Wilcocks is confirming with the artist, Jane DeDecker, that the
dedication will occur September 30, 2021. There will be local, statewide and national
press in attendance. Invitations will be published in the newspapers.
Project fundraising was successful enough to purchase a second sculpture which will be
donated to the Museum for ownership and maintenance responsibilities. The Museum
will then donate the sculpture for display at the Estes Valley Library on the second floor.
Work continues with the Museum to finalize the donation.
2021 PAB INITIATIVES
Chair Elliot introduced this standing agenda item to Member Berry. He stated that this
first year is intended to establish clear focus on the PAB’s role and how each item of
responsibility is being addressed.
Elliot stated that progress has been made in all areas of PAB’s responsibility.
Page 19
Parks Advisory Board – August 19, 2021 – Page 2
A. Tree City USA: Continues to be acknowledged as a result of the Mountain Heritage
Festival, or some form thereof, held annually.
B. Public Art Policy: Acknowledged regularly with Art in Public Places (AIPP)
applications and subsequent PAB reviews and approvals. Also evident as a result
of updates and inquiries to the Town Board related to AIPP funding.
Member Wilcocks wanted to ensure it was recorded and made clear that the Yarn
Bombings are discussed by many visitors and the feedback received has been
very positive. Wilcocks hears regular praise while this exhibit is in place at his local
businesses.
C. Technical Standards for public/private parks, trails, plantings, invasive plants,
noxious weeds, and pest control: Mrs. Walsh’s Garden and the Thumb Open
Space are current areas receiving updates.
D. Community environmental/wetlands educational programs: Chair Elliot is in
contact with the Estes Valley Watershed Coalition and plans to have them attend
a PAB meeting to share their initiatives for the year and see how PAB can assist.
E. Content, implementation and compliance with any restrictive covenants: Fire
restoration efforts are currently taking place in Glen Haven.
ENVIRONMENTAL ADVISORY TASK FORCE
Elliot drafted a brief letter to the Town Board Trustees which he disseminated to members
after the July meeting. A motion was made and seconded (Poggenpohl/Wilcocks) to send
the letter to the Trustees and all were in favor.
The Environmental Advisory Task Force has been created and meetings have begun.
Trustee Barbara McAlpine is the Town Board Trustee Liaison for the task force. No staff
liaison has been assigned at this time. Elliot will send the letter and hopes to be involved
in the next task force meeting.
AIPP PROGRAM UPDATE
Elliot drafted an update per the discussions of the past two meetings related to the work
completed by Vice Chair Poggenpohl. Members provided feedback prior to the meeting.
Elliot asked for any other feedback or a motion. Wilcocks recommended for item 1a. to
add ‘previously presented’ or remove from the narrative. The situation is now different
and he doesn’t want the phrase to mislead anyone.
A motion was made and seconded to approve the letter to the Trustees with the
amendment of adding “previously” in 1a. (Hazelton/Papineau) and all were in favor. Elliot
thanked team for their efforts and discussions to get everything together.
MRS. WALSH’S GARDEN UPDATE
Supervisor Berg updated that the contractor Alo Terra is 99% complete with the Town’s
request. A second entrance will be incorporated as part of master planning process. Alo
Terra will create a new, smaller gate that will mimic the original gate. Within MWG there
is now a small river from waterfall and a new little bridge will be added. The MWG
Committee will continue with plantings next season. Berg recommended everyone go see
the work that’s been completed. The contractor did wonderful job and all is working great.
In 2023 there is a potential for an additional waterfall to be added at the entrance.
Member Berry asked about the history of MWG and where the maintenance lies. Berg
and Poggenpohl provided the information. The Town now manages MWG and Supervisor
Berg works closely with the MWG Committee to carry out all garden needs. Parks staff
grows native plants in-house for planting.
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Parks Advisory Board – August 19, 2021 – Page 3
PARKS DIVISION UPDATES (Parks Supervisor Brian Berg)
Thumb Open Space: The access fund has been here the past two weeks working on
established trail, remaining inclusive to accessibility with disabled bicycles/tricycles, and
trail connectivity. The Access Fund has provided considerable help to get prepared for
climbers, with switchbacks and strategically placed boulders/rocks. The trail now moves
away from the area homes, and work has been done to eliminate the potential for social
trails. Berg shared with the PAB that the Management Plan RFP provided no affordable
results and will now be done in-house. Once the management plan is in place, the area
will be open to public. Vice Chair Poggenpohl will be involved in the area HOA
meetings. Member Berry has led trail crews in the past and would be happy to help if
needed.
Parks Division: Berg reported that the Parks Division is now losing the school-aged
individuals serving as seasonal workers, due to the commencement of the new school
year. There will be a few individuals that remain to help with the rest of the season.
The Parks Master Plan is pending Town Board determination on when the effort should
be undertaken. Once known, Berg will bring updates and status to PAB. There are
many pocket parks and slivers of land on which parks development may occur.
Big Thompson Recreation Area: No work has been initiated at this area due to the
pending approval of the Town’s Community Development Department.
OTHER BUSINESS
A motion was made and seconded (Wilcocks/Hazelton) to adjourn the meeting at 9:27
a.m. and all were in favor.
Megan Van Hoozer, Recording Secretary
Page 21
Page 22
EVENTS & VISITOR
SERVICES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Rob Hinkle, Events and Visitor Services Director
Date: October 12, 2021
RE: Resolution 71-21 Memorandum of Understanding with Estes Park
Western Heritage, Inc.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of the Memorandum of Understanding (MOU) between the Town of Estes
Park and Estes Park Western Heritage, Inc. to operate the Rooftop Rodeo. Changes to
the MOU were discussed at the Town Board Study Session on September 14th. These
changes are reflected in the MOU before the Board today.
Present Situation:
No current problems or barriers.
Proposal:
There were three changes to the MOU:
-1.03h. refers to 2.09 instead of 2.05.
-1.03i. was added to the section
-2.08e. was deleted. This gave Estes Park Western Heritage a $1.68 per ticket for
marketing and advertising.
Advantages:
The Town will control the marketing and advertising for the Rooftop Rodeo.
Disadvantages:
None
Action Recommended:
Approval of Resolution 71-21, the MOU between the Town of Estes Park and Estes
Park Western Heritage, Inc.
Page 23
Finance/Resource Impact:
None
Level of Public Interest
Low Level of Interest
Sample Motion:
I move for the approval of Resolution 71-21.
Attachments:
1. Resolution 71-21
2. Memorandum of Understanding Regarding Management of the Estes Park Rodeo
Page 24
RESOLUTION 71-21
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
ESTES PARK AND ESTES PARK WESTERN HERITAGE INC., REGARDING
MANAGEMENT OF THE ESTES PARK RODEO
WHEREAS, the Town Board wishes to enter a memorandum of understanding
referenced in the title of this resolution for the purpose of operating the Estes Park Rooftop
Rodeo.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the memorandum of
understanding referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 25
MEMORANDUM OF UNDERSTANDING
REGARDING MANAGEMENT OF THE ESTES PARK RODEO
This Memorandum of Understanding Regarding Management of the Estes Park
Rodeo (“Agreement”) is made and entered into by and between THE TOWN OF ESTES
PARK (“Town”), a Colorado municipal corporation, and ESTES PARK WESTERN
HERITAGE, Inc. (“WH”), a Colorado non-profit corporation.
RECITALS
A.The mission of the Town is to provide reliable, high-value services for the benefit of its
citizens, visitors, and employees, while being good stewards of public resources and its
natural setting.
B.The mission of WH is to promote the western culture and preserve the western heritage
of the Estes Valley by producing and supporting activities for the education and enjoyment of
its residents and visitors.
C.Each year, the Town produces a rodeo (“Rodeo”), sanctioned by the Professional
Rodeo Cowboys Association (PRCA), known as Estes Park Rodeo as well as the Rooftop
Rodeo and registered as PRCA rodeo 316.
D.The Town and WH desire for WH to assist the Town in management of the Rodeo.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties hereto agree as follows:
SECTION 1. DUTIES AND RESPONSIBILITIES OF THE TOWN OF ESTES PARK
1.01 The Town shall maintain and operate the physical facility known as the Town of
Estes Park Events Complex at Stanley Park (“Facility”).
1.02 The Town shall provide the following support for WH:
a.Use of an office and office support, and supplies as specific to Rodeo; and
b. Funding for an annual appreciation and awards event for volunteers of the
Rodeo.
1.03 The Town shall have financial and management responsibility for the following
elements of the Rodeo:
a.The Rodeo itself;
ATTACHMENT 2
Page 26
b. Rodeo Pre-Show;
c.Supporting WH in scoreboard set up and teardown;
d. Providing an ambulance service;
e.Providing police security as needed;
f.Providing a veterinarian;
g. Providing contestant purse money, as approved by Town Board, required
by PRCA to host the Rodeo;
h. Paying for all contract personnel and their lodging needed to produce the
Rodeo in accordance with its agreement with the stock contractor, except as
noted in section 2.09; and
i.Marketing and advertising to the general public.
1.04 The Town shall be responsible for negotiating contracts, with the exception of
sponsorship agreements, for the Rodeo. The Town shall consult with WH prior to
choosing a stock contractor(s). This consultation is to allow both parties to
understand the stock contractor’s needs for the Rodeo, and allow the parties to
determine how those needs fit within their individual scope of duties. The Town shall
select the contractor pursuant to its contracting policies.
1.05 The Town shall maintain ownership of the Rodeo.
a.WH will hold the PRCA committee membership position starting in 2016 and
will pay PRCA dues and application fee currently totaling $1,300.
b. The Town owns the Rooftop Rodeo Parade and will pay for its
associated insurance requirements. WH will help plan and produce the
Parade.
1.06 The Town shall receive the following revenues:
a.Ticket sales (not to include Behind the Chutes Tours);
b.Vendor fees; and
c.Convenience fees from internet sales of Rodeo admission tickets.
1.07 The Town reserves the right to utilize WH equipment, except for exempt items as
described in the Attachment hereto. Exempt items will be determined by WH. If
any equipment item is damaged by the Town, it shall be repaired or replaced by the
Town.
1.08 The Town Events and Visitor Services Director (Director) and the WH Board will
meet annually in concert with the Town’s budgeting process to identify WH and
Town needs. Unanticipated expenditures will be reviewed on a case-by-case basis.
1.09 Two delegates of the Town shall be ex officio members of WH and may
participate in membership and board meetings of WH: the Director, and a Town
Board member designated by the Town Board as the Town Board Liaison to WH.
1.10 The Town shall be the owner of items and capital improvement projects funded
Page 27
through its budget.
1.11 The Director shall outline capital improvement projects and other appropriate needs
of financial assistance from the WH Board. Capital improvement projects shall be
defined as projects with a value over $5,000 and over 1 year of useful life. The
majority of funding requests by the Director to WH will be made once a year. The
Town is responsible for any related project management.
1.12 All duties and responsibilities of the Town set forth in this Agreement are subject to
the budgetary process of the Town including appropriations of sufficient funds to
perform the duties and responsibilities set forth herein and the administration of the
Facility by the Town Administrator or their designee.
1.13 The Town shall have the right to review WH documents and financial records
promptly upon request. WH shall prepare minutes of its meetings, as required by law,
and shall transmit them to the Town promptly upon request. By December 1 of each
year, WH shall also submit a detailed annual report to the Town on WH’s finances,
documenting in particular, with supporting narrative, (a) WH’s certification that all
WH’s financial records are accurate, (b) that all bookkeeping conforms to generally
accepted accounting standards, and (c) that WH has complied fully with all its
bylaws; and noting any deviations.
1.14 All sponsorship agreements must be approved in writing by the Town prior to
execution by WH to assure all PRCA policies for sponsorships are followed and to
verify the Town is not being committed to exclusive or long-term agreements or
agreements not appropriate for the Town. WH shall promptly send a copy of all such
executed agreements to the Director.
1.15 The Town shall supply all event tickets needed for sponsorships at no charge to WH.
Any such sponsorship tickets must be approved by the Town in writing. WH shall
supply all other items and benefits included in sponsorship packages at no cost to the
Town.
SECTION 2. DUTIES AND RESPONSIBLITIES OF WH
2.01 WH seeks to further its mission and the mission of the Town by providing funds for
capital improvements, including maintenance of such improvements as appropriate,
and other appropriate needs of the Facility. For projects it funds, WH shall participate
in front-end planning which may include determining the objective, defining the
project and identifying funding sources.
2.02 WH shall participate with the Events and Visitor Services staff in strategic planning
for the Facility.
2.03 WH shall be financially responsible for sponsoring and producing the following
events associated with the Rodeo:
Page 28
a.Specialty Nights at Rodeo;
b. Mutton Bustin’;
c.Hospitality Tent (including equipment);
d. Behind the Chutes Tours; and
e. Calf Catch.
WH shall obtain all required permits and licenses arising from its responsibilities,
including but not limited to Special Events Permits and a Special Events Liquor
License for the sale of alcohol. All volunteers at these events associated with the
Rodeo must be under the direction, supervision, and control of the Town and its
employees.
2.04 All events conducted by WH at the Facility must be approved by the Town.
2.05 WH shall provide the following financial support for the Rodeo:
a.Full contracting responsibilities and payment to rodeo announcer Andy
Seiler.
b. Behind the Chutes Tours; responsible for all related expenses.
c. Rental of the scoreboard.
d. Assistance with funding of equipment related to Rodeo (both anticipated
and unanticipated costs).
e.Development and production of rack cards and posters.
f.Radios, safety vests, and other equipment that may be needed by WH
volunteer security team. The role of the team is to primarily staff the
various gate entries into the east side of the Facility. WH will engage
security to ensure that only PRCA card holders are allowed through back
gate (off Community Drive), and that no members of the general public
or ticket holders are allowed entry through the east Midway gate.
2.06 WH shall be responsible for providing the following documents to the Town
when requested:
a.Exempt equipment list;
b.A list of all events; and
c.Sponsorship agreements with all sponsors.
2.07 WH shall be responsible for and fund the Royalty Program:
a.WH shall create and maintain a Royalty Handbook which covers all
duties, responsibilities, policies and procedures of the Royalty Program.
b. Town will provide the use of Facility for Royalty functions including
the annual Royalty Clinic and Tryouts.
2.08 WH shall be entitled to collect all of the following Rodeo-generated revenues:
a. Merchandise sales;
b. Sponsorships;
c.Behind the Chute Tours; and
Page 29
d.Alcohol beverage sales.
2.09 WH shall be responsible to seek lodging for the following individuals during rodeo
week as necessary: stock contractor staff, announcer, scoreboard operator, stock
contractor, veterinarian, PRCA judges, PRCA photographer, and other contract
personnel as required. WH will endeavor to fund this lodging through sponsorships.
In the event that WH cannot secure funding for the lodging, the Town will pay for
the lodging.
2.10 WH shall assist in preparing the Facility for the Rodeo as requested and directed by
the Town or its representative. This includes, but is not limited to, arena preparation
except for the actual ground/arena material), and setup and tear-down of the chutes,
fence, pens, hospitality area, arena signs and scoreboard.
2.11 WH shall be responsible for its website and all material thereon, including any other
form of electronic or social media, advertising, or other written material produced on
behalf of or by WH. Due to the fact that WH is primarily associated with the Town
and uses Town facilities, WH agrees that the Town shall be entitled to request removal
of any inappropriate or misrepresentative content from its website, social media, or
any other printed material involving the Town, the Rodeo, or any other Town
sponsored and supervised events. WH shall remove all such material upon request by
the Town. The Town hereby disclaims any responsibility for or ownership of the WH
website, social media content, or other material produced by or on behalf of WH.
2.12 WH shall be responsible for providing copies of the Town’s adopted Volunteer
Manual to all of its volunteers and reviewing the Volunteer Manual with all of its
volunteers at least once each year. WH agrees that its volunteers shall follow the
requirements and obligations of the Town’s adopted Volunteer Manual when
volunteering for all Town sponsored and supervised events as listed in this
Agreement.
2.13 WH will not engage in any activity that competes with the Estes Park Rodeo.
SECTION 3. TERM OF AGREEMENT
3.01 This Agreement shall commence on its effective date, and will be reviewed on an
annual basis by both parties. This Agreement shall continue in effect for each ensuing
year unless terminated by either of the parties in accordance with Section 4 below.
SECTION 4. TERMINATION
4.01 Either party may terminate this Agreement by providing written notice to the other
party on or before February 1 of any year with the termination to be effective on such
February 1.
Page 30
SECTION 5. INVALID PROVISION
5.01 Should any part of this Agreement be declared invalid by a court of law, such
decision shall not affect the validity of any remaining portion which shall remain in
full force and effect as if the invalid portion was never a part of this Agreement when
it was executed. Should the severance of any part of this Agreement materially affect
any other rights or obligations of the parties hereunder, the parties hereto will
negotiate in good faith to amend this Agreement in a manner satisfactory to the
parties. Failing agreement on such amendment, either party may by notice in writing
terminate this Agreement under the provisions of this Agreement relating to
termination.
SECTION 6. INSURANCE AND LIABILITY
6.01 (a) The Town shall provide its Volunteer Accident Medical Plan coverage to WH
members when they are volunteers of the Town at the Rodeo, and are actually under
the immediate and direct care, custody, control, supervision, and direction of Town
employees. To be included in this coverage, volunteers must also, prior to the
beginning of the individual’s volunteer activity, be included on a roster of volunteers
that WH provides to the Town and must have provided the Town a complete
registration form, including any liability waiver or release required by the Town, in
the form and manner required by the Town. This coverage shall not extend beyond
the days the Rodeo itself is underway as well as the two days immediately preceding
the Rodeo, when volunteers are needed for preparation. WH must not allow any
individual to volunteer at the Rodeo who does not meet these qualifications for the
Town’s Volunteer Accident Medical Plan coverage.
b) WH understands and agrees that all other events are WH events. These include,
but are not limited to, PBR and the Barrel Racing Series. WH shall provide its own
medical insurance to its officers, contractors, employees, and volunteers for such
other events. WH’s volunteers are not volunteers of the Town for these events.
c) Except as covered by the Town-provided medical plan as described above, WH
shall indemnify and save harmless the Town, and its agents and employees, from any
damages or claims by WH’s officers, contractors, employees, and volunteers
including any individuals it allows to volunteer at the Rodeo), arising out of or
relating to WH’s activities under this Agreement, and is solely responsible for all
such liability. For all WH events using Town facilities, WH agrees to insure said
events to the satisfaction of the Town and to provide Certificates of Insurance to the
Town prior to the events pursuant to Town policies. WH shall also provide proof of
Directors and Officers liability coverage promptly upon request.
SECTION 7. INDEMNIFICATION
7.01 WH agrees to indemnify and hold harmless the Town from any claims, loss, damage
Page 31
and/or injury caused or allegedly caused by the negligent act or omission of WH its
volunteers, employees, members, officers, contractors, or agents. Said indemnification
shall include all reasonable attorney’s fees and costs incurred by the Town resulting
from said claim, loss or damage.
SECTION 8. COLORADO GOVERNMENTAL IMMUNITY ACT
8.01 The parties hereto understand and agree that the Town and its officers, employees,
volunteers, and agents are relying on, and do not waive or intend to waive by any
provision of this Agreement, the monetary limitations or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-
10-101 et seq., as from time-to-time amended, or otherwise available by any other
provision of law.
SECTION 9. GENERAL PROVISIONS
9.01 Assignment. Neither party to the Agreement shall, directly or indirectly, assign or
purport to assign this Agreement or any of its rights or obligations in whole or in part
to any third party without the prior written consent of the other party.
9.02 No Waiver. The failure of either party to enforce at any time any of the provisions or
rights, or to exercise any elections provided, shall in no way be considered to be a
waiver of such provisions, rights or elections or in any way affect the validity of the
Agreement. The failure to exercise by either party any of its rights herein or any of its
elections under the terms or conditions herein contained shall not preclude or
prejudice it from exercising the same or any other right it may have under this
Agreement, irrespective of any previous action or proceeding taken by it hereunder.
9.03 Complete Agreement. This Agreement is the complete Agreement of the parties; may
be amended or modified only in writing; and supersedes, cancels and terminates any
and all prior agreements or understandings of the parties, whether written or oral,
concerning the subject matter hereof.
9.04 Choice of Law. This Agreement shall be governed by and construed and interpreted
according to the laws of the State of Colorado. It shall be binding upon and inure to
the benefit of the successors of the Town and WH.
9.05 Counterparts. This agreement may be executed and delivered (including by facsimile
or email transmission) in one or more counterparts, all of which shall be considered
one and the same agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other parties,
it being understood that all parties need not sign the same counterpart.
9.06 Effective Date. This agreement is effective upon all parties hereto executing the same.
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9.07 Notice. When any of the parties desire to give notice to the other, such notice must be
in writing sent by US Mail, postage prepaid, addressed to the party for whom it is
intended at the place last specified; the place for giving notice shall remain such until
it is changed by written notice in compliance with the provisions of the paragraph. For
the present, the parties designate the following as the respective places for giving
notices:
To WH: ESTES PARK WESTERN HERITAGE, INC.
P.O. Box 1852
Estes Park, Colorado 80517
To Town: TOWN OF ESTES PARK
P.O. Box 1200
Estes Park, Colorado 80517
Attn: Town Administrator
SECTION 10. AUTHORITY
10.01 Each person signing this Agreement on behalf of either party individually warrants
that they have full legal power to execute this agreement on behalf of the party for
whom they are signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this day
of , 2021.
Signature page to follow.
Page 33
ESTES PARK WESTERN HERITAGE, INC.
By
Mark Purdy
Chairman of the Board
Date:
TOWN OF ESTES PARK
By:
Wendy Koenig
Mayor
Date:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 34
Attachment
Items WH owns that would not be available to Town are items that are used for the rodeo
hospitality tent. These items consist of item used to store, serve and prepare food.
Examples would be coolers, utensils, tables, serving pans, freezer, and other associated
items.
Two boxes of six seats –Box 43 and 45 - will be reserved for VIPs, visiting rodeo committees,
Town management, etc. The Town controls these tickets and may assign these seats without
charge. WH may request assignment to specified individuals.
Page 35
Page 36
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Joe Lockhart, Line Superintendent
Date: October 12, 2021
RE: Conduit Supply Purchase Order with Western United Electric Supply
Corp., Not to Exceed $170,000, Budgeted.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Purchase Order_
QUASI-JUDICIAL YES NO
Objective:
Our objective is to provide timely customer service by avoiding delays due to long lead
times in the delivery of construction materials.
Present Situation:
Construction is booming in the Estes Valley and throughout our nation. Electrical
conduit lead times have extended up to eight weeks. Ordering a more significant
quantity now will avoid delays in our capital construction work.
We received five competitive bids, all with comparable lead times.
Western United
Electric Supply Corp
2”, $2.265291/foot
4”, $5.980106/foot
6”, $11.047302/foot
$147,051
Irby 2”, 2.3972/foot
4”, 6.3265/foot
6”, /foot
$155,670
Border States, 2”, $2.3036/foot
4”, $6.0692/foot
6”, $11.2023/foot
$149,180
GraybaR 2”, $2.5579/foot
4”, $6.7525 /foot
6”, $12.4743 /foot
$166,045
WESCO 2”, $2.5579/foot
4”, $5.980106/foot
6”, $11.047302/foot
Does not sell Foam core
Page 37
Proposal:
We propose to pre-order conduit from the lowest cost supplier, WESCO.
The Department has available funds to make the purchase. Staff request purchase
approval for up to $170,000 to make adjustments to the quantities and cover delivery
charges.
Advantages:
The advantage will be the timely completion of construction projects and continuity of
operations.
Disadvantages:
None
Action Recommended:
Staff recommends approval not to exceed $170,000 of conduit from Western United
Electric Supply Corp.
Finance/Resource Impact:
502-7001-580.35-59, Power and Communications, $170,000; $645,630 is available,
unencumbered.
Level of Public Interest
Low
Sample Motion:
This item is on consent. If pulled from consent; I move to approve the purchase not to
exceed $170,000
Attachments:
1. Bids
Page 38
QUOTATION
2032181
Western United Electric Supply Corp
Order Date
Order Number
7/22/2021 15:46:47
Page
1 of 1
Quote Expires On: 8/21/2021
100 Bromley Business Parkway
Brighton, CO 80603
US
303-659-2356
ESTES PARK, CO 80517
Town of Estes Park
HOURS 7:00AM-3:30PM
615 ELM RD
ESTES PARK, CO 80517
US
Requested By: Mike Hulbert
Customer ID:
Attn: Debbie Holgorsen
US
PO BOX 1200
ATTN ACCOUNTS PAYABLE
Bill To:Ship To:
Town of Estes Park
10116
Ship Route TakerPO Number
Cell Core PVC Conduit DNICKELL
Item ID
Item Description
Quantities
UOM
Disp.Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered Remaining
Delivery Instructions:*****6-8 week lead time ARO*****
*****Freight Allowed*****
504020010U0.00 2.265291FTFT2,800.00 6,342.812,800.00
1.0 1.0Conduit PVC 2 Sch 40 10' Lgth
1265200.00 5.980106FTFT9,120.00 54,538.579,120.00
1.0 1.0Conduit PVC 4 Sch 40 10' Lgth
Ordered As:504040010U
1265240.00 11.047302FTFT7,800.00 86,168.967,800.00
1.0 1.0Conduit PVC 6 Sch 40 10' Lgth
Ordered As:504060010U
SUB-TOTAL:Total Lines:3 147,050.34
0.00TAX:
U.S. Dollars
147,050.34AMOUNT DUE:
Document ID: 203218119.1.3681 - 09/23/19
▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌▌█▌ ▌▌█▌▌▌ █▌█▌▌█▌█▌ ▌▌▌▌█▌ ▌▌█▌█▌▌ ▌▌█▌█▌▌ ▌█▌▌█▌▌ ▌▌█▌▌ ▌█▌█▌▌
ATTACHMENT 1
Page 39
QUOTE DATE ORDER NUMBER
PAGE NO.
CUSTOMER NUMBER CUSTOMER ORDER NUMBER JOB/RELEASE NUMBER OUTSIDE SALESPERSON
INSIDE SALESPERSON REQD DATE FRGHT ALLWD SHIP VIA
ORDER QTY SHIP QTY LINE DESCRIPTION Prc/UOM Ext Amt
Quotation
STUART C IRBY BR573 DENVER
5055 LIMA STREET
DENVER CO 80239-2625
303-576-0656 Fax 303-576-0729
07/22/21 S012546022
REMIT TO:
STUART C. IRBY CO.
POST OFFICE BOX 843959
DALLAS TX 75284 1
SOLD TO:SHIP TO:
TOWN OF ESTES PARK TOWN OF ESTES PARK
PO BOX 1200 615 ELM ROAD
ESTES PARK, CO 80517-1200 ESTES PARK, CO 80517-8408
970-586-5331
ORDERED BY: MIKE HULBERT
104216 Scott S Chenell
Greg S Hopki 07/22/21 Yes BW BEST-WAY
********* Shipping Instructions **********
**
* **DO NOT SHIP UPS - SHIP FEDEX** *
* ******************************
******************************************
2800FT 1 PVCC 504020010U 2" CELLULAR CORE 239.720C 6712.16
SCHEDULE 40 CONDUIT.
**6-8 WEEKS LEAD TIME**
9120FT 2 PVCC 504040010U 4" CELLULAR CORE 632.650C 57697.68
SCHEDULE 40 CONDUIT.
**6-8 WEEKS LEAD TIME**
7800EA 3 *PVCC 504060010U 6" CELLULAR CORE 1170.000EA 91260.00
SCHEDULE 40 CONDUIT.
**6-8 WEEKS LEAD TIME**
** Reprint ** Reprint ** Reprint **
Subtotal 155669.84
S&H CHGS 0.00
Sales Tax 0.00
TOTAL 155669.84
* This is a quotation *
Prices firm for acceptance within 30 days with the exception of commodity prices which are
subject to change daily. Quotation is void if changed. Complete quote must be used unless
authorized in writing.
OUR PRODUCT AND SERVICES ARE SUBJECT TO, AND GOVERNED EXCLUSIVELY BY, OUR TERMS AND CONDITIONS
OF SALE, WHICH ARE INCORPORATED HEREIN AND AVAILABLE AT www.irby.com/terms.
ADDITIONAL OR CONFLICTING TERMS ARE REJECTED, VOID AND OF NO FORCE OR EFFECT.Page 40
________________________________________________________________________________________________________________________
Cust Item BSE Item Material Quantity Price Per UoM Value
MFG - Description________________________________________________________________________________________________________________________
000010 7,800 EA 1,120.23 / 100 FT 87,377.94
1 FT= 1 EA
- 6 INCH CELL CORE PIPE 10FT
Delivery: 8 Weeks
000020 9,120 EA 606.92 / 100 EA 55,351.10
- 4 INCH CELL CORE PIPE 10ft
000030 2,800 EA 230.36 / 100 EA 6,450.08
- 2 INCH CELL CORE PIPE 10FT
Delivery: 8 Weeks________________________________________________________________________________________________________________________
Total $ 149,179.12
State Tax $ 0.000 % 0.00
County Tax $ 0.000 % 0.00
Local Tax $ 0.000 % 0.00
Other Tax1 $ 0.000 % 0.00
Other Tax2 $ 0.000 % 0.00
Other Tax3 $ 0.000 % 0.00
Tax Subtotal $ 0.000 % 0.00
Net Amount $ 149,179.12
To access BSE's Terms and Conditions of Sale, please go to
https://www.borderstateselectric.com
The quoted sales tax is an estimate only based upon the information
provided in this quote and will be finalized at the time of Invoice
based upon the material purchased, quantity purchased, and delivery
location.
Shipping and handling fees in this quote are an estimate only and will
be finalized at the time of Invoice.
Border States Electric - DEN
10899 Havana Street Ste 1140
Commerce City CO 80022
Phone: 303-336-7360
All clerical errors contained herein are subject to correction. In the event of any cost or price
increases from manufacturers or other suppliers, caused by, but not limited to, currency fluctuations,
raw material or labor prices, fuel or transportation cost increases, and any import tariffs, taxes,
fees, or surcharges, BSE reserves the exclusive right to change its pricing at the time of shipping
and will provide notice of any such change to its customers prior to costs being incurred.
Inco Terms:
PPA PRE PAID AND ALLOW FREIGHT
Payment Terms:
Net 25th prox
BSE Quote: 26192012
Sold-To Acct #: 109743
Valid From: 07/22/2021 To: 07/29/2021
Created By: Brett Duran
Tel No: 303-336-7382
Fax No:
Town of Estes Park CO
PO Box 1200
ESTES PARK CO 80517-1200
Quote Page: 1 of 1 _____________________________________________
Page 41
480 E 55TH AVE UNIT 500
DENVER CO 80216-1762
Phone: 720-590-5500
Fax: 720-590-5550
To: TOWN OF ESTES PARK
615 Elm Road
ESTES PARK CO 80517
Attn: Mike Hulbert
Phone: 970-586-5331
Email:
Fax:
Date: 07/28/2021
Project Name:
GB Quote #: 0238526276
Purchase Order Nbr: 072821 MIKE HULBERT
Release Nbr:
Additional Ref#:
Revision Nbr:
Valid From: 07/28/2021
Valid To: 08/27/2021
Contact: John Westling
Email: john.westling@graybar.com
Proposal
We appreciate your request and take pleasure in responding as follows
Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
100 2800 ROCKY
MOUNTAIN
COLB
504020010U $255.79 100 $7,162.12
GB Part#:NOF ROM ROCKY MTN FOB:PPD - Bill
Ship From:Drop Ship-Factory
***Item Note:*** * 2" Sch.40 Cellular Core PVC Conduit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
200 9120 ROCKY
MOUNTAIN
COLB
504040010U $675.25 100 $61,582.80
GB Part#:NOF ROM ROCKY MTN FOB:PPD - Bill
Ship From:Drop Ship-Factory
***Item Note:*** * 4" Sch.40 Cellular Core PVC Conduit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
300 7800 ROCKY
MOUNTAIN
COLB
504060010U $1,247.43 100 $97,299.54
GB Part#:NOF ROM ROCKY MTN FOB:PPD - Bill
Ship From:Drop Ship-Factory
***Item Note:*** * 6" Sch.40 Cellular Core PVC Conduit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit
approval). For more information call 1-800-241-7408 to speak with a leasing specialist.
This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at
https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf
Total in USD (Tax not included): $166,044.46
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit
approval). For more information call 1-800-241-7408 to speak with a leasing specialist.
This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at
https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf
Page 1 of 2
Page 42
To: TOWN OF ESTES PARK
615 Elm Road
ESTES PARK CO 80517
Attn: Mike Hulbert
Date: 07/28/2021
Project Name:
GB Quote #: 0238526276
Proposal
We appreciate your request and take pleasure in responding as follows
Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price
This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at
https://www.omniapartners.com/hubfs/PUBLIC%20SECTOR/Supplier%20Information/Graybar/EV2370_Graybar_MAD_2017_12_20.pdf
Page 2 of 2
Page 43
Page 44
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: October 12, 2021
RE: Resolution 72-21 User Agreement for CBI-CJIS Systems Access for Non-
Criminal Justice Agency
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To consider execution of an agreement between the Colorado Bureau of Investigation
and the Town of Estes Park to allow the Town Clerk access to non-criminal background
information related to fingerprints completed for liquor licenses.
Present Situation:
Currently the Town Clerk’s office has a Colorado Bureau of Investigation’s (CBI) user
account to access fingerprint results completed by individuals with 10% or more interest
in a liquor license application, new manager registration or any corporate changes in
which a new member is added. These fingerprints are completed by a third party and
results are posted to the CBI secure website. Town Clerk Williamson has secure access
to retrieve the results of the fingerprints as part of the liquor license background that is
completed.
In June 2021, the Town was notified the Clerk’s account had been selected to complete
a triennial non-criminal justice audit on July 1, 2021 pursuant to a state statute, in order
to verify compliance with State and Federal policies and regulations. The audit is
designed to assess policy compliance through a review of administrative policies, data
quality procedures, and information security standards at the agency. This is the first
audit Town Clerk Williamson’s has received in over 16 years.
A User Agreement for CBI-CJIS Systems Access for Non-Criminal Justice Agencies is
required to be signed by each agency when system access is provided. The Town was
not aware of this requirement until the audit was brought forward in July.
Proposal:
The attached User Agreement has been reviewed by Town Attorney Kramer and per his
direction the agreement must be reviewed and approved by the Town Board because
the agreement is between two governmental entities. The agreement is one of a
Page 45
number of items needed to complete the CBI audit and maintain the Town’s account.
Additional items will address specific issues related to security, access, and how data
will be maintained. These items will be completed by staff and submitted to CBI for
review.
Advantages:
• To complete one of the audit requirements to maintain access to fingerprint results in
order to effectively complete background checks for liquor licenses.
Disadvantages:
• The Town Clerk would not be able to retrieve, view and assess fingerprint results.
This would impact the issuance of future liquor licenses or other changes in
management or ownership of current liquor licenses within town limits.
Action Recommended:
Approve the User Agreement for CBI-CJIS Systems Access for Non-Criminal Justice
Agency.
Budget:
No direct costs.
Level of Public Interest:
Low.
Sample Motion:
I move to approve/deny Resolution 72-21.
Attachments:
1. Resolution 72-21
2. User Agreement for CBI-CJIS Systems Access for Non-Criminal Justice Agency
Page 46
RESOLUTION 72-21
APPROVING A USER AGREEMENT WITH THE COLORADO BUREAU OF
INVESTIGATION FOR CRIMINAL JUSTICE INFORMATION SERVICES SYSTEMS
ACCESS
WHEREAS, the Town Board wishes to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of facilitating the Town Clerk’s
Office’s access to the Colorado Crime Information Center Computerized Criminal History
system and the Secure Document Delivery System Criminal Justice Information Systems
in order to process liquor license applications.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor, the Town Clerk, and any other
designees of the Town Administrator, as appropriate, to sign the intergovernmental
referenced in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2021.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page 47
NCJA CJIS Systems User Agreement rev.1.0 3/4/19
700 Kipling Street Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us
Jared Polis, Governor | Stan Hilkey, Executive Director
690 Kipling Street, Suite 3000
Denver, CO 80215
User Agreement for CBI-CJIS Systems Access for Non-Criminal Justice Agency
Purpose
The purpose of this User Agreement is to outline the responsibilities the Colorado Bureau of
Investigation (CBI) maintains as the operating agency of the Colorado Crime Information Center (CCIC)
Computerized Criminal History system (CCH) and the Secure Document Delivery System (SDDS) Criminal
Justice Information Systems. These systems are collectively referred to as the CBI-CJIS Systems. The CBI
agrees to furnish to the Non-Criminal Justice Agency (NCJA), hereafter called the Agency, criminal justice
information through the CBI-CJIS Systems subject to the provisions contained herein. The scope of this
User Agreement also extends to the contribution of fingerprint submissions to the CBI.
1.1. Policy
The CBI is the CJIS Systems Agency (CSA) for the State of Colorado. Pursuant to the user agreement
between the CBI and the Federal Bureau of Investigation (FBI) Criminal Justice Information System (CJIS)
Division, the CBI adopts the FBI-CJIS policies—including but not limited to the CJIS Security Policy—as
the standard for all Colorado CJIS systems. Additionally, all operating policies, manuals, and procedures
specific to CCIC and SDDS are incorporated by reference. It is the CBI policy that all data contained
within the CCIC and SDDS computer systems are considered Criminal Justice Information (CJI) and may
only be accessed and/or disseminated as specifically prescribed and authorized by Colorado law.
The CBI maintains and operates the CCIC computer system under shared management pursuant to this
User Agreement. CCIC houses CCH and provides information from NCIC and III. An Account TAC
(referred to hereafter as the “TAC”) is designated for each agency, and is responsible for that agency's
use, security, and personnel who operate CJIS systems. All parties will operate in accordance with
Colorado and Federal law; this Agreement shall be governed, construed, and enforced in accordance
with the laws of the State of Colorado. This User Agreement shall not be amended; any revision will
require a new version of this agreement produced by CBI and signed by all parties.
1.2. Governing Standards
The agency shall access, retain, submit, and destroy all CJI following the requirements within the laws,
policies, and manuals listed below and incorporated into this agreement by reference herein.
•Title 28, Code of Federal Regulations, Part 20
•CJIS Security Policy
•The National Crime Prevention and Privacy Compact, Title 34 of the United States Code, Chapter
403, Subchapter II
ATTACHMENT 2
Page 48
NCJA CJIS Systems User Agreement rev.1.0 3/4/19
700 Kipling Street Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us
Jared Polis, Governor | Stan Hilkey, Executive Director
• Security and Management Outsourcing Standard for Non-Channelers (Outsourcing Standard)
• Colorado Open Records Act (CORA)/Colorado Criminal Justice Records Act (CCJRA)
• Any and all Colorado Laws specifically pertaining to the collection and use of fingerprints for and
by the Agency
• CBI Misuse Policy
• Secure Document Delivery System Manual
1.3. Definitions
Agency: A non-criminal justice agency subject to the included standards through this agreement.
Agency Head: The Chief Executive, or the member of the agency appointed as the authority responsible
for the operations of the agency.
Agency Personnel: Individuals working for the agency in any capacity, including employees, volunteers,
vendor support staff, and
CBI: Colorado Bureau of Investigation.
CCIC: Colorado Crime Information Center.
CCH: Computerized Criminal History Database
CHRI: Criminal History Record Information, a subset of CJI.
CJA: Criminal Justice Agency.
CJI: Criminal Justice Information.
CJIS: Federal Bureau of Investigation Criminal Justice Information Services
CJIS System: Any computer system containing information derived from CCIC CCH, or the FBI CCH.
Compact: The National Crime Prevention and Privacy Compact Act of 1998
Compact Officer: The chief administrator of the Colorado criminal history record repository
CORA: Colorado Open Records Act.
CSA: CJIS Systems Agency.
CSO: CJIS Systems Officer
FBI: Federal Bureau of Investigation.
III: Interstate Identification Index
Individual User: An employee of an NCJA with access to CJIS information.
LASO: Local Agency Security Officer.
Live scan: A device or machine used to obtain and/or transmit electronic fingerprint captures.
MBIS: Morpho Biometric Identification System; the statewide fingerprint repository owned and
maintained by the CBI.
NCIC: National Crime Information Center
Operator: An individual user of CJIS data with direct access to CJIS systems.
ORI: Originating Agency Identifier.
Outsourcing: Obtaining services to store, access or support CHRI lawfully obtained by the agency to any
governmental or non-governmental entity.
Outsourcing Standard: Security and Management Outsourcing Standard for Non-Channelers
PII: Personally Identifying Information
SDDS: Secure Document Delivery System.
SDDS Administrator: The primary point of contact at the agency for access to the Secure Document
Delivery System.
Terminal Agency: An agency that accesses data derived from the CCIC and NCIC computer systems.
TAC: Terminal Agency Coordinator
Page 49
NCJA CJIS Systems User Agreement rev.1.0 3/4/19
700 Kipling Street Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us
Jared Polis, Governor | Stan Hilkey, Executive Director
UCR: Uniform Crime Reporting.
CBI CJIS Systems Agency (CSA) Responsibility
The CBI serves as the Colorado CJIS Systems Agency (CSA). As such, the CBI will provide access to CCIC,
NCIC, and SDDS as lawfully authorized. Furthermore, the CBI will provide operational support including:
1. Legal and legislative review of matters pertaining to CJIS systems;
2. Operational, technical, and investigative assistance to personnel using CJIS systems;
3. Provision of training and materials to the TAC to assist with their perspective agency training
responsibilities;
4. Assistance in investigating and rectifying incomplete, incorrect, or misidentified criminal records
or other files;
5. The CBI is the custodian of CCIC records. Public requests, subpoenas, and other requests for any
CCIC information shall be referred to the CBI for review and response.
6. Approval of outsourcing to private contractors and external governmental agencies (such as
consolidated information technology departments).
Costs associated with provision of these services will be paid by the CBI through budgeted funds to include
fingerprint fees.
Agency Responsibility
The agency is responsible for providing adequate security and support for CJIS systems access at the
agency. The agency is ultimately responsible for ensuring all responsibilities listed in this section 5, as
well as responsibilities listed in sections 6 and 7 of this document, are satisfied.
The CBI will leverage agency network services, whether dedicated line or internet service, and assist the
agency in configuring adequate security using agency-provided software and hardware. Costs associated
with purchasing and maintaining and securing agency network equipment will be paid by the agency.
The agency may assign any of the duties listed above to a single person, or to separate individuals.
Although responsibilities are delegated to these, the agency is ultimately responsible for ensuring all
responsibilities are met.
When a new TAC, LASO, billing contact, and/or Agency Head are designated, the Agency Head will notify
the CBI Compact Officer in writing of that appointment within ten days of the appointment.
3.1. Key Roles
Each agency shall appoint personnel to the following roles and allow sufficient resources to perform all
listed duties. The agency may assign key roles to a single person, or to separate individuals. Once CBI
has approved outsourcing by the agency, roles may be assigned to outsourced personnel, including
employees of contractors or external Information Technology departments or divisions. Although
responsibilities are delegated to these roles, the agency is ultimately responsible for ensuring all
responsibilities are met.
Page 50
NCJA CJIS Systems User Agreement rev.1.0 3/4/19
700 Kipling Street Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us
Jared Polis, Governor | Stan Hilkey, Executive Director
Terminal Agency Coordinator (TAC)
The TAC unifies agency responsibility for individual user actions and serves as a CBI point of contact for
quality control, dissemination of manuals and other publications, training, audits, and any other matters
concerning the use and misuse of CJIS systems. The TAC provides oversight for all CJIS systems and
programs within the agency and oversees the agency’s training and compliance with CJIS policies.
Local Agency Security Officer
The LASO is the primary information security contact between the agency and the CSA under which this
agency interfaces with the FBI-CJIS Division. The LASO actively represents their agency in all matters
pertaining to information security, disseminates information security alerts and other material to their
constituents, maintains information security documentation (including system configuration data), assists
the TAC with information security audits of hardware and procedures, and keeps the CSA informed as to
any information security needs and problems.
SDDS Administrator
The administrator will perform all necessary duties related to the approval of SDDS user access and the
security of the information therein.
Billing Contact
Each agency that submits non-criminal applicant fingerprints for licensing--or employment external to
the criminal justice agency--shall designate a primary point of contact for billing.
3.1.1. TAC Responsibility
The TAC shall:
1. Maintain the most current versions of the CJIS Security Policy, Outsourcing Standard, and SDDS
Policies, making them available to the appropriate personnel. The Agency Head and TAC are also
responsible for enforcing the policies contained in these documents;
2. Ensure all staff are provided training adequate for their responsibilities, duties, and degree of CJIS
systems access or use;
3. Appropriately manage operator access to CJIS systems to include determining appropriate access and
terminating access immediately upon separation of the employee;
4. If the separated employee had to undergo a fingerprint background check, alert CBI that the separated
employee no longer works for the agency so that CBI can deflag the employee in CCIC for subsequent
arrest notification purposes;
5. Disseminate essential system-related bulletins as needed to relevant agency personnel;
6. Reporting any allegation or finding of misuse of CJIS information by agency personnel to the CBI;
7. Providing information regarding CJIS systems use at the local agency to the CBI as the state CSA. This
responsibility includes, but is not limited to:
a. Detecting, reporting, and cooperatively investigating any unauthorized access (“misuse”) of
CJIS systems with the CBI immediately;
b. Providing information to the CBI for the purpose of the background investigation regarding
each individual user;
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Jared Polis, Governor | Stan Hilkey, Executive Director
c. Providing and maintaining copies of agreements with non-criminal justice agencies and
businesses with access to local agency CJI.
8. The TAC assumes all responsibilities of the LASO if a separate individual has not been appointed LASO
duties for the agency.
9. The Agency Head and/or TAC may appoint one or more Alternate TACs to assist with one or more of
these duties.
10. The TAC shall be responsible for ensuring adequate CCIC training for operators within the agency to
include:
a. Providing necessary training for newly hired operators;
b. Ensuring completion of security awareness training once every two years;
c. Maintaining documentation of any and all CJIS and fingerprinting training attended.
3.1.2. Local Agency Security Officer (LASO) Responsibility
The LASO shall:
1. Maintain the most current versions of the CJIS Security Policy, Outsourcing Standard, and Interface
Control Document, making them available to the appropriate personnel. The Agency Head and LASO
are also responsible for enforcing the policies contained in these documents;
2. Identify who is using the CSA approved hardware, software, and firmware, and ensure no
unauthorized individuals or processes have access to the same;
3. Identify and document how any local agency interface is connected to the state system;
4. Ensure that personnel security screening procedures are being followed as stated in this policy;
5. Ensure the approved and appropriate security measures are in place and working as expected;
6. Support policy compliance and ensure CSA ISO is promptly informed of all security incidents where
CJI may be affected.
3.1.3. SDDS Administrator Responsibility
The SDDS Administrator shall:
1. Ensure SDDS results are reviewed at least weekly and information to be maintained from SDDS is
downloaded and stored in a secure area or system as defined in the CJIS Security Policy.
2. Ensure each individual users of SDDS is issued unique credentials.
3. Ensure access to SDDS is terminated when a user no longer requires access, or leaves the
organization’s employment.
3.1.4. Billing Contact Responsibility (where applicable)
Where the agency pays CBI directly for services, a designated contact will be required to ensure CBI and
the agency can communicate regarding any billing related matters.
3.2. Outsourcing
Many agencies contractor external private or public entities, such as County IT departments, or business
providing data services, to perform services related to information technology and operational support.
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Jared Polis, Governor | Stan Hilkey, Executive Director
Prior to outsourcing CJIS Services, the agency shall request and receive written permission from the CBI
Compact Officer as mandated in the Outsourcing Standard, section 2.
3.3. Audit Responsibilities
The CBI will conduct an audit for each agency at least once every three years. Additionally, the FBI audit
staff will conduct audits at least once every three years. This audit shall include a sample of non-criminal
justice agencies in Colorado who are authorized recipients of CJI. The objective of this compliance audit is
to verify adherence to CBI and FBI policies and regulations.
The agency is responsible for performing internal audits of outsourced services as mandated in the
Outsourcing Standard.
The TAC is the primary point of contact for audit information. Audit information requested for CBI or FBI
auditing purposes is to be provided in a complete and timely manner. The LASO shall provide information
technology security audit information through the TAC.
The CBI will cover costs to audit any Colorado non-criminal justice agency and/or data center in Colorado
used by these agencies. It is the responsibility of the contracting agency to pay travel and lodging costs
for audits of these facilities (to include data centers where CJI is stored) outside Colorado.
3.4. Personnel Security and Training
Fingerprint-based background checks shall be required by all agency personnel where mandated by
Colorado law. Pursuant to the Outsourcing Standard and the CJIS Security Policy, this will also extend to
contractor personnel performing outsourced services. Contractor personnel shall undergo fingerprint-
based background checks prior to servicing agencies where agency personnel are required to undergo
fingerprint-based background checks. When fingerprinting is required, it is required for all personnel and
contractors with direct, indirect, or incidental access to CJI (including but not limited to janitorial,
maintenance, IT staff, HR staff, and those with direct read/write system access). Access to CJI must be
denied to any personnel or contractors whose background checks include a felony conviction.
Regardless of whether a background check is performed, all personnel are also required to successfully
complete CJIS-specific Security Awareness Training six months after initial assignment and biennially
thereafter.
3.5. Operator Access
Operators with direct access shall be trained and successfully obtain user certification within six months
of assignment and shall recertify biennially thereafter (this certification includes Security Awareness
Training). The agency is responsible for actions of agency personnel using CJIS systems and data derived
from CJIS systems. All systems submitting or receiving CJI or PII shall use uniquely identify each user. Any
violation of the policies incorporated in this agreement shall be prohibited by the agency, including but
not limited to:
• Sharing of user credentials for access to CJIS Systems shall be prohibited.
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Jared Polis, Governor | Stan Hilkey, Executive Director
• CJIS Access from publicly accessible computers shall be considered a violation of this agreement.
• CJIS access shall be prohibited for individuals using personally owned information systems. The
CBI may provide written approval for agencies providing a detailed policy for use of personal
information systems which complies with the standards of the CJIS security policy.
Each agency shall set standards of discipline for violation of CJIS policy, and document such standards.
This can include incorporating the handling of violation of CJIS policy into agency policies for other
disciplinary actions.
3.6. Timeliness
Pursuant to Colorado Revised Statute 19-3-406, fingerprints submitted for emergency placement of a child
shall be submitted within five days of placement of the child, or within 15 days in exigent circumstances.
3.7. Electronic Fingerprint Submission
Applicants should be referred to the Colorado Applicant Background Services (CABS) program site for
submission of background check fingerprints.
Agencies electing to maintain their own live scan fingerprint equipment shall meet the following
standards:
1. Each agency owning, leasing, and/or operating a live scan machine for electronic submission of
fingerprints shall incorporate the technical standards of the CBI live scan Interface Control
Document.
2. Live scan equipment shall be manufactured and/or supported by an FBI and CBI approved vendor.
3. Machines shall meet image quality specifications designated by the CBI and FBI, and be
maintained regularly to sustain that image quality.
4. All civil live scan submissions shall meet the quality standards and specifications mandated for the
Colorado Applicant Background Services and maintain an acceptance rate of 98%.
5. All systems submitting or receiving CJI or PII shall use uniquely identify each user.
6. Adequate hardware and software support shall be maintained to ensure systems remain patched,
functional and secure.
3.8. Submitting Duplicate Transactions
Each agency that submits fingerprints, either electronically or by mailing in fingerprint submissions, is
responsible for all charges and fees incurred by such submittal. If a fingerprint submission is submitted
multiple times and duplicate charges incur, it is the agency’s responsibility to pay all associated charges
and fees resulting from the duplicate transactions.
Duplicate submissions of identical fingerprint submissions for different or multiple state statutes are
also not acceptable. A separate set of fingerprints need to be taken and submitted for each state
statute that mandates a fingerprint background check.
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Jared Polis, Governor | Stan Hilkey, Executive Director
Sanctions for Violations
The CBI may sanction the agency for failure to meet the standards of the policies referenced in this
document.
If a CBI audit identifies policy violations, the CBI will report the findings to the agency in violation and
request a mitigation plan. Failure to mitigate audit findings will result in sanctions as directed by the CBI
Director, CJIS Systems Officer, and Compact Officer.
The CBI may impose sanctions on individual operators if an operator is found to have used CBI-CJIS
systems in a manner that is against FBI and/or CBI policy, whether for unauthorized access, improper
dissemination, unfounded query, or other use of the system that is not pursuant to state laws. These
sanctions may include corrective training, temporary suspension, or permanent revocation of access.
Certification
Once signed, return THE FOLLOWING PAGE ONLY to:
CBI Biometrics Identification and Records Unit
690 Kipling Street, Suite 3000
Denver, Colorado 80215.
Alternatively, this form may be emailed to cdps_cbi_taqc@state.co.us.
End of Agreement
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Jared Polis, Governor | Stan Hilkey, Executive Director
NON-CRIMINAL JUSTICE AGENCY USER AGREEMENT FOR CJIS SYSTEMS ACCESS:
ACKNOWLEDGMENT
As an agency accessing and contributing to CJIS systems within the state of Colorado, we
hereby acknowledge the responsibilities as set out in this document as well as those documents
incorporated by reference. The agency also agrees to comply with all state and federal statutes and
regulations as may apply, and to use the information received over CJIS systems only for purposes
specifically authorized by Colorado law.
We acknowledge these responsibilities have been developed and approved by the CBI and/or the FBI in
order to ensure the security, reliability, confidentiality, completeness, and accuracy of all records
contained in or obtained by means of CJIS systems.
We acknowledge a failure to comply with these responsibilities will subject the CBI and this agency to
various sanctions as recommended by the Directors of the CBI and/or the FBI.
The CBI reserves the right to suspend service to the Agency, connected system, or an individual user when
the security or dissemination requirements are violated to preserve the integrity of the system or any data
obtained from the system. The CBI may reinstate service upon receipt of satisfactory assurance that
violation(s) have been corrected. Either the CBI or the Agency may discontinue service upon thirty days’
advance written notice. This agreement shall remain valid until terminated by either CBI or the agency.
IN WITNESS WHEREOF, the parties hereto caused this agreement to be executed by the proper officers
and officials. This agreement will become effective upon the date signed.
Agency Name:
Signature of Agency Head Title and Printed Name Date
Signature of Terminal Agency Coordinator (TAC) Title and Printed Name Date
Signature of Local Agency Security Officer (LASO) Title and Printed Name Date
Signature of CBI Director/Designee Title and Printed Name Date
Agency NCJ(s):
Page 56
September 22, 2021
Jackie Williamson, Clerk
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
RE: Library District - Board Appointment Recommendations
Dear Ms. Williamson:
The Estes Valley Public Library District Board of Trustees recommends the appointment of Beth Ellis to fill her second term
from January 1, 2022 - December 31, 2025. The Library Board also recommends the appointment of Anne Dewey for her
first term from January 1, 2022 - December 31, 2025.
About the candidates:
Beth Ellis is librarian at Eagle Rock School and has been there for 16 years. She has a love of the Estes Valley Library, its
culture of inclusiveness, being the "center of town," and continues to praise the collection, feeling as if it were chosen to meet
her as a target audience. She has been an invaluable part of the Board of Trustees over the past 4 years offering insight in a
variety of areas. She believes the role of the library in the community is bringing people together, listening to feedback, and
being flexible to meet needs, "the library takes risks to evolve, to continue to be relevant." Ms. Ellis currently serves on the
library board’s Policy Committee.
Anne Dewey has been an educator for many years. She is currently the Head Librarian at the School District, overseeing the
operation of the 3 district libraries. She also acts as liaison between the Estes Valley Public Library District and the School
District. This gives her a unique perspective to understand the needs of a variety of patrons in the community. In her work
with the School District, Ms. Dewey coordinates technology instruction and works with teachers and administrators to support
learning in the schools. As a parent of two school-aged children, she offers insight into the needs of our community’s families
and also Early Literacy, one of the Library’s strategic priorities. She believes that libraries are for everyone and wants
everyone to understand all the ways in which they can benefit from being patrons of the Library.
The Library Board of Trustees respectfully requests that the Town of Estes Park Board of Trustees approve these
appointments at its earliest convenience.
Sincerely,
Claudine Perrault, Library Director
cc: Larimer County – Board of Commissioners
PO Box 1687, 335 East Elkhorn Avenue, Estes Park, CO 80517
970-586-8116 | estesvalleylibrary.org Page 57
Page 58
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: October 12, 2021
RE: Interview Committee for the Transportation Advisory Board
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for the two open positions
on the Transportation Advisory Board.
Present Situation:
The Transportation Advisory Board consists of nine members. The board currently has
two vacancies. The Town Clerk’s office has advertised the openings and has received
two applications as of the date of this memo.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the board positions.
Advantages:
To move the process forward and allow interviews to be conducted of interested
applicants.
Disadvantages:
None.
Action Recommended:
To appoint two Trustees to the interview committee.
Finance/Resource Impact:
None.
Page 59
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Transportation Advisory Board interview committee.
Attachments:
None.
Page 60
LOCALLICENSINGAUTHORITYESTESPARK, COLORADOINREMATTEROF:GALEXLLC,U/b/aCHELITOSMEXICANRESTAURANTAttn:ErickaSantana145E.ElkhornAve.P.O.Box3345EstesPark,CO 80517MOTIONTOAMENDORDERTOSHOWCAUSECOMESNOW,thespecialprosecutor,andmovestheLocal LicensingAuthoritytoamend the“OrdertoShowCauseandNoticeofHearing”with theadditionofoneviolation.Asgrounds,thespecialprosecutorstatesasfollows:1.TheLocalLicensingAuthorityissuedthe “OrdertoShowCauseandNoticeofHearing”inthematterinvolvingChelitosMexican RestaurantonAugust11,2021,havingfoundprobablecausetobelievethatspecificallegedviolationsoftheColoradoLiquorCodeoccurred.TheshowcausehearingwasscheduledforSeptember14,2021at7:00p.m.2.TheshowcausehearingwascontinuedtoOctober12,2021at7:00p.m.3.InpreparingfortheShowCausehearing,additionalviolationshavecometotheattentionofthespecialprosecutor.Forpurposesofefficiency,itmakessensethattheLiquorLicensingAuthorityaddressallallegedviolationsatthesametime,ratherthanholdingtwoseparatehearingsontwoshowcausematters.3.ThereisspecificevidencethatthelicenseehasviolatedC.R.S.44-3-301(3)(a)(I):“Itisunlawfulforanypersontoexerciseanyoftheprivilegesgranted underanylicenseotherthanthelicensethepersonholdsorforanylicenseetoallowanyotherpersontoexercisetheprivilegesgrantedunderthelicensee’slicense..4.The evidenceattheShowCausehearingwillshow:On7/15/21,Officers EdwardsandMorrowrespondedtotheestablishmentonadisturbance.WhenOfficerEdwardscontactedMarcario RojasSaldivarheidentifiedhimselfasthegeneralmanageroftheestablishmentonthenightofthedisturbance.Licensee,ErickaSantanaGonzales,wasnotpresentattheestablishmentthatnight.Seeattached incidentreport.On8/18/21,OfficerEdwards respondedtotheestablishmentandaskedtospeaktothemanager.Mr.RojasSaldivaridentifiedhimselfasthemanagerandadvisedthatMs.SantanaGonzales,licensee,was outofthecountry.Seeattachedincidentreport.Page 61
On 9/8/21,Mr.RojasSaldivarcametoTownHallandspoketoTownClerkJackieWilliamson.HeadvisedthatMs.SantanaGonzaleswasinMexicothroughlateNovember.Hefurtheradvisedthathewasorderingthealcoholandschedulingemployeesinherabsence.Ms.SantanaGonzalestoldMs.WilliamsoninAugustthatshewasleavingthecountry(inmid-August)for3months.SeeattachedAffidavitofJackieWilliamson.5.Mr.RojasSaldivarisnotalawfullyregisteredmanagerforthelicensee.Thelicenseehasallowedhimtoexercisetheprivilegesgrantedunderherliquorlicense,formonths.Uponinformationandbelief,hecontinuestooperateundertheliquorlicenseinviolationofC.R.S.44-3-301(3)(a)(1).andpresumablywillcontinuetodosountilMs.SantanaGonzalezreturnstothecountryinlateNovember.6.IfthelicenseedesiresforMr.RojasSaldivartoruntheestablishmentandexercisetheprivilegesofthelicenseinherabsence,shemustfileanapplicationtoaddhimasaregisteredmanageroftheestablishment.7.PursuanttoReg.47-600.B.[ICCR203-2],ifthelicensingauthorityfindsthatthereisprobablecausetobelievethatalicenseehasviolatedanyprovisionoftheLiquorCodeorRegulation,thelicensingauthoritymaysetthematterforashowcausehearingandissuenoticeofthehearingtolicensee.8.LicenseejustretainedattorneyBrianProffittforlegalrepresentationonthematter.Mr.Proffittisjustreceivingdiscoxery(policereports,etc.).Toallowsufficienttimetoprepareforthehearing,Mr.Proffittstipulatestoacontinuanceofthehearing.Thepartieswillengageindiscussionstotrytoresolvetheissueswithastipulation.Ifastipulationisreached,thetennsandconditionsofthestipulationwillbepresentedtotheLLAattheshowcausehearing.Ifnostipulationisreached,thematterwillproceedtoaftiflhearing.Page 62
WHEREFORE,thespecialprosecutorrequeststheAuthorityamendthe“OrdertoShowCauseandNoticeofHearing”toreflectthefollowingviolation,asdetailedabove:C.R.S.44-3-301(3)(a)(I),on9/8/21.Inaddition,thespecialprosecutormovestorescheduletheshowcausehearing,uponstipulationoflicensee’scounsel,toallowcounselsufficienttimetoreviewthematter,andtoallowthepartiestoengageinnegotiations.DATED:October8,2021.Respectfullysubmitted,KRIsTIN0RDLCKllROWNPCinN(Bmwn.ISpecialProsecutorP.O.Box253Longmont.CO$0502303-4$5-7079Certificateof DeliveryIherebycertif’thatonOctober,2021,Ideliveredtheforegoingdocumentviaelectronicmailorviafirst classmail,postageprepaid,addressedto:GalexLLC,d/b/aChelitosMexicanRestaurantAttn:Ericka SantanaP.O.Box3345EstesPark,CO80517Brian ProffittCounselofRecordforLicenseebproffitt@runcoproffitt.cornPage 63
Case #:EP21-0000709
Date Reported:
07/15/2021 01:46
Reporting Area:
EPCSO
ESTES PARK POLICE DEPT 170 MACGREGOR AVENUE ESTES PARK, CO 80517
Beat: EPCSO Case Status: PENDING
Incident Location: 145 E Elkhorn Ave.ESTES PARK,CO,80517
Incident Description: LIQUORLAW
Case Status
Date:
07/15/2021
Exceptional Clearance: NOT APPLICABLE/NONE OF THE ABOVE Exceptional Clearance Date:
Case Synopsis: On 071521 at approximately 0145 hours, officers responded to Chelito's Restaurant located at 145 E. Elkhorn after a female could be heard screaming. Upon arrival officers observed a large number of people in the
restaurant, with many being intoxicated. Officers stood by while the occupants of the restaurant were leaving, and
observed a early-thirties male being carried out by two people after falling and hitting his head due to intoxication. The
subject was placed on a bench and had to be held up so he would not fall down. Paramedics responded for the severely
intoxicated subject, who was later identified as JONATHON SEBASTIAN ROMERO CALDERON, and transported him to
the hospital for treatment The manager of Chelito's MAGARIO ROJAS SALDIVAR was issued a summons for selling
alcohol to a visibly intoxicated person, and the owner was also Issued a summons for selllng alcohol to a visibly
intoxicated person and a licensing violation (Fail to report licensee).
0igital Evidence-Body Worn Camera-EDWARDS/MORROW
Estes Park Police Department Summons and Complaint EPPD420124 and EPPD325152
Address: 544 COLUMBINE AVE.ESTES PARK,C0,80517 County: LARIMER Phone:
(720)436-
9519
Offense Code: 44-3-901 (1 )(a) (BY EMPLOY E) SALE TO VISIBLY INTOXICATED Sex: Suspect Arrested:
MALE
Resident Status: RESIDENT Misc ID Type: Misc ID Number: SSN:
Suspect (2) SANTANA,ERICKA ()
Date of Birth: Age: Race: Ethnicity: Height: Weight: Hair Eye License License
41 WHITE HISPANIC 506 170 Color: Color: State: Number:
BROWN BROWN
Address: 932 PEAK VIEW DR.ESTES PARK,C0,80517 County: LARIMER Phone: Phone:
(970)402-
8486
Offense Code: 44-3-901 (1 )(a) (BY EMPLOYEE) SALE TO VISIBLY INTOXICATED Sex: Suspe ct Arrested: YES
FEMALE
Resident Status: Misc ID Type: Misc ID Number: SSN:
SUBJECT(1 )ROMERO CALDERON,JONA THON SEBASTIAN
Date of Birth: Age: Race: Ethlnclty: Sex: Height: Weight: Hair Color: Eye Color:
24 '
Address: County:
License State: Misc ID Number:
Business Name: CHELITOS
Address: 145 E Elkhorn Ave ,ESTES PARK,C0,80517 Phone:
Related Offense: 44-3-901(1)(a) (BY EMPLOYEE) SALE TO VISIBLY INTOXICATED
Printed By:Poluche, Jeremiah Printed at 7/26/2021 11 :26:40 AM
Phone: Resident Status:
Misc ID State:
Page1 of 4
REDACTEDREDACTED
REDACTED
RREDEDAACC TEDTED RREDEDAACC TEDTED
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Case#:EP2I-0000709ESTESPARKPOLICEDEPT170MACGREGORAVENUEESTESPARK,CO80517Offense(1)44-3-901(i)(a)(BYEMPLOYEE)SALETOVISIBLYINTOXICATEDUCRJNIBRSCode:90GLIQUORLAWVIOLATIONSDegree:M2NCICCode:4102AftemptedlCompleted:CompletedOffenderSuspectedofUsing:AlcoholBiasMotivation:NONEPremisesType:No.PremisesEntered:WeaponTypes:ForcedEntry:NoPointofEntry:EntryLocation:ResidenceType:Activities:GangActvity:‘AI)LicensePlateLicensePlate#:Year:Make:Model:Style:State:COColor:TowedBy:ConditionofVehicle:LocationTowedFrom:TowedTo:ReasonTowed:#ErrorInventoryBy:lnventroyDate:VehicleRecoveryCode:JurisdictionRecovered:NIBRSPropertyStatus:RelatedOffense:PropertyValue:PrintedBy:Polucha,JeremiahPrintedat7/26/202111:26:40AMPage2of4NarrativefI)On071521atapproximately0145hours,Iwasdrivingwestboundatthe350blockofEastElkhomAvenueinmypatrolcarwithmywindowsdownwhenIheardascreamfromafemalevoice.Thescreamcamefromthewestofmylocation.IcontinueddrivingwestboundonEastElkhornAvenue.WhenIapproachedtheintersectionofRiversideandElkhorn,IcouldhearmultiplemaleandfemalevoicesyellingandscreamingfromtherooftopofChelito’sRestaurantlocatedat145EastElkhornAvenue.Iparkedmypatrolvehicleintheparkinglotinfrontof131EastElkhornAvenueandexitedmypatrolvehicle.IwalkedtowardChelito’srestaurant,allthewhile,IheardaloudnoisefromthethirdfloorofChelito’s.Iwalkedtothethirdfloorandobservedapproximatelysixtytoseventypeopleintherestaurantareatalkingloudlyandwhistling.Atthesametime,yellingcouldstillbeheardcomingfromthebalconyarea.Ifoundtwoemployeeswearingredt-shirtsnearthebarandadvisedthemofthenoisethatcouldbeheardblocksaway.Itoldtheemployeesitwouldbeagoodideaforthenight’sfestivitiestocometoanend.Istoodbyasmultiplepeoplewalkedoutofthebat,withmanyofthemnoticeablyintoxicated.IinformedOfficerJENNIFERMORROW,whohadarrivedonsceneoutsidethebuilding,ofthenumberofpeopleinsideandintoxicatedsubjectsleaving.Iwalkeddownthestairstothegroundfloorandoutside,whereofficerJENNIFERMORROWwaspositioned.Iwalkedtowheremypatrolvehiclewasparkedtomakesurenoneofthepeoplewhohadbeendrinkingweredrivingaway.AsIarrivedattheparkinglot,Iobservedmultiplepeopleinsideoftheirvehiclesleaving.Istoppedtwocatsandaskedthemtowalkawayinsteadofdrivingiftheyhadbeendrinking.InextspokewithayoungHispanicmaleinthedriver’sseatofawhiteJeepSUVandinformedhimtowalkawayifhehadbeendrinking.ThemalewasSpanishspeakingandcalledafriendwhospokeEnglish.Iaskedthefemaletocometomylocation,ifpossible,tohaveasoberdriver.Thefemaleadvisedshewassickbutstatedshewascurrentlywalkingtomylocationtodrivethevehicleawaysafely.Onceeveryonehadsafelyleft,IrespondedPage 65
ESTESPARKPOLICEDEPT170MACGREGORAVENUEESTESPARK,CO80517Case#:EP2I-0000709backtoChelito’s.Iwalkedbackupstairstotherestauranttospeakwiththemanager,whowasoneofthemalesintheredtshirts.Iinformedhimthatifaninternationalnightwasgoingtohappenregularly,theyneededtodoabetterjobregardingover-servingpeople.IwalkeddownstairstoOfficerJENNIFERMORROW’slocation.AsIspokewithOfficerJENNIFERMORROW,Iobservedanearlytomid-thirtiesHispanicmalepassedoutonthebenchoutsidethebusiness.Themale,whowasdroolingandhaddisheveledclothing,wassittinginanuprightposition.Isawbloodonthemale’sshirtandcouldsmellanoverwhelmingstrongodorofanunknownalcoholicbeveragecomingfromhisimmediatearea.Therewasamaleandfemalestandingbywiththepassed-outsubject.IwasadvisedthattheintoxicatedmalehadfallenandhithisheadandnosewhiletryingtoleaveChelito’s.Thecouplestatedtheyassistedinhelpingthemalesafelydownthestairsandontothebench.OfficerJENNIFERMORROWwitnessedthecouplecarryingtheintoxicatedsubjectoutofthebuildingandtothebench.Whilespeakingtothecouple,thefemalehalfhadtophysicallyholduptheintoxicatedmaletokeephimfromfallingover.Thecoupleinformedmethattheydidnotknowthesubjectandhadjustmethimtonight.Duetothesubjectbeingintoxicatedandfallingontheirheadandface,Icalledforparamedicstorespondtoevaluatetheintoxicatedmale.Iaskedthecoupleiftheyknewtheintoxicatedmale’sname,andtheytoldme“JONATHON.”Thecouple wentbacktotherestauranttogetwaterforJONATHON,andanothermalesatdownnexttohim.IaskedifheknewJONATHON’sfullname.JONATHONcontinuedtoneedassistanceinsittingupright.ItriedtoaskJONATHONhisnameanddateofbirth,andhecouldbarelyspeak.IheardtheJONATHONslurthelastnameROMERO.ItriedtogetJONATHONROMERO’sdateofbirthandgotthemonthofJulyandapossibledayofthe17th.IOfficerJENNIFERMORROWandIstoodbywithJONATHONROMEROawaitingparamedics.JONATHONROMERO’sfriendhadtocontinuetoholdhimuptokeephimfromfallingover.Rightbeforeparamedicsarrived,JONATHONROMEROproceededtovomitalloverhimselfandthegroundaroundhim.JONATHONROMEROcouldnotrespondtooransweranyoftheparamedic’squestions.PARAMEDICSadvisedJONATHONROMEROwasgoingtobetransportedtothehospitalforfurtherevaluation.IassistedparamedicsinhelpingJONATHONROMEROtothestretcherashecouldnotstandonhisown.IcheckedJONATHONROMERO’sbackrightpocket andfoundawallet.InsidethewalletwasaColumbianidentificationcard,wherethefullnameofJONATHONSEBASTIANROMEROCALDERONwasobtained.JONATHONSEBASTIANROMEROCOLDERON’swalletwasplacedwiththerestofhisproperty.DuetothesevereintoxicationofJONATHONSEBASTIANROMEROCALOERONtothepointhehadtobetransportedtothehospitalformedicalassistance,thebusinessofChelito’swillbeissuedasummonsforservingtoavisiblyintoxicatedsubject.On071521,OfficerSHAUNBLEDSOYobtainedinformationforthemanagernamedMACARIOROJASSALDIVARandinformedmetocontacthimafter2130hours.At2134hours,IcalledMACARIOROJASSALDIVAR,whoinformedmehewasthemanagerofChelito’sfromWednesdaytoearlyThursdaymorning.IaskedMACARIOROJASSALDIVARifIcouldspeakwithhiminperson.MACARIOROJASSALDIVARofferedtorespondtotheEstesParkPoliceDepartmentandarrivedat2156hours.Uponarrival,IinformedMACARIOROJASSALDIVARthatIwouldbereferringhimtotheRestorativeJusticeprograminplaceofservinghimasummonsforservingalcoholtoavisiblyintoxicatedperson.MACARIOROJASSALDIVARaskedwhyhewouldnotbegivenawarningfortheviolation.IadvisedMACARIOROJASSALDIVARduetothelevelofintoxicationobservedfromJONATHONSEBASTIANROMEROCALDERONandthefactthathehadtobetransportedtothehospitalfortreatment;Idecidedtoforgoawarning.IprovidedMACARIOROJASSALDIVARwithhiscopyoftheRestorativeJusticereferralandPnntedBy:Polucha,JeremiahPrintedat7/26/202111:26:40AMPage3of4Page 66
ESTESPARKPOLICEDEPT170MACGREGORAVENUEESTESPARK,CO80517Case#:EP2I-0000709howtoproceedwiththeprocess.Afterfurtherreviewofpastcitationsandpreviousviolations,thereferralforRestorativeJusticewaswithdrawn.ItwasfoundthatMACARIOROJASSALDIVARwasnotonthebusinesslicensepaperworkasamanagerandhadbeencurrentlyworkingastheactingmanagerbyadmission.On072021at1304hours,OfficerPAULMIESZALAandOfficerANDREWJOHNSONrespondedto145EastElkhornAvenueandissuedMACARIOROJASSALDIVARasummonsforsellingalcoholtoavisiblyintoxicatedperson.On072221at1530hours,Irespondedto841DuntavenStreet.IissuedtheownerofChelito’sERICKASANTANAGONZALEZasummonsforsellingalcoholtoavisiblyintoxicatedpersonandfailuretoreportalicensee.IexplainedtoERICKASANTANAGONZALEZthereasonforthesummons,providedherwithabusinesscard,andadvisedhertocontactmewithanyquestionsregardingthecharges.Officer:Edwards,ChadleateDate:07/15/202104:22•IiftJAssistingMorrow,JenniferIE200207/15/202101:47:57Shift:ReportingEdwards,Chad/E171107/15/202101:46:02Shift:PrintedBy:Polucha,JeremiahPrintedat71261202111:26:40AMPage4of4Page 67
Case#:EP2I-0000709ESTESPARKPOLICEDEPT170MACGREGORAVENUEESTESPARK,CO80517DateReported:ReportingArea:Beat:CaseStatus:CaseStatusDate:IncidentLocation:IncidentDescription:ExceptionalClearance:ExceptionalClearanceDate;CaseSynopsis:UCRINIBRSCode;Degree:NCICCode:Attempted/Completed:OffenderSuspectedofUsing:BiasMotivation:PremisesType:No.PremisesEntered:WeaponTypes:ForcedEntry:NoPointofEntry:EntryLocation:ResidenceType:Activities:GangActvity:2ZUOn081821.IwascontactedbytheTownofEstesParktownadministratorJACKIEWILLIAMSONwithsomefollow-upquestionsreferencingtheincidentatChelitosintheearlymorningof071521.JACKIEWILLIAMSONaskedaboutanystatementsmadebyMACARIOROJASSALDIVARaboutservingintoxicatedsubjects,ifapost-interviewoftheintoxicatedsubjectcouldbeconducted,andiftherewerecamerasinsidetherestaurant.On071521atapproximately2155hours,IspokewithMACARIOinpersoninthepolicedepartmentlobby.MACARIOROJASSALDIVARstatedthatsometimeswhenyouareservingpeople,somebodyelsemayhavegrabbeddrinksforothers.MACARIOROJASSALDIVARwastoldthatistheresponsibilitythatcomeswithrunningarestaurantandbar.Seemybody-worncamerafortheconversationbetweenmeandMACARIO.At1809hours,IrespondedtoChelitosRestaurantlocatedat145EastElkhornAvenuetocheckforsecuritycameras.Ididseeapproximatelythreecamerasthroughoutthediningareaandkitchen.IalsoaskedtospeakwiththeownerERICKASANTANAGONZALEZ.Iwastoldtowaitforthemanager,andMACARIOROJASSALDIVARcameoutfromthebackandadvisedERICKASANTANAGONZALEZwascurrentlyoutofthecounty.MACARIOROJASSALDIVARaskedformybusinesscard,andIprovidedhimwithone.On081921at1955hours,IfollowedupwithEstesParkHealth,whoprovidedmewithanaddressforthetransportedintoxicatedmale,JONATHONSEBASTIANROMEROCALDERON.Irespondedto850ShadyLaneinEstesParkandwasunabletocontactJONATHONSEBASTIANROMEROCALDRON.JONATHONSEBASTIANROMEROCALDRON’sdownstairsapartmentdidnotlooklikeitwascurrentlybeinglivedin.IsentanemailtoJACKIEWILLIAMSONregardingmyfindingstoherfollow-upquestions.Officer:Edwards,ChadICreateDate:08/19/202121:16Officer(1)Edwards,ChaU/E1711I1ft:PrintedBy:Schaffer,DeborahfPrintedat8/20/20212:48:15PMPagolofiOffense(1)Page 68
ESTESPARKPOLICEDEPT170MACGREGORAVENUEESTESPARK,CO80517Case#:EP2I-0000709Incident#:EP21-0000709.002Narrative(1)On081921IcompletedasupplementthatincludedadditionaldetailsfromarequestfromEstesParkTownClerkJACKIEWILLIAMSONandChelitosemployeeMACARIOROJASSALDIVAR.Inthefirstsentenceorthefirstparagraph,ImistakenlyreferredtoJACKIEWILLIAMSONasthetownadministratorinsteadofthetownclerk.Inthethirdsentenceofthethirdparagraph,IinadvertentlyreferencedERICKASANTANAGONZALEZast--“outofthecountyinsteadofLoutofthecountry.PrintedBy:InformRMSSystemAccountPrintedat10/8/20219:10:19AMPagelof1ApprovingMonty/E171110/07/202121:11:11]Page 69
AFFIDAt7ITSTATEOfCOLORADO))ss.COUNTYOFLARIMER)I,JackieWilliamson,beingfirstdulyswornuponoath,deposeandstateasfollows:1.IamemployedastheTownClerkforEstesPark,Colorado.2.Ihaveworkedinthatpositionforsixteenyears.3.AstheTownClerk,IhandleliquorlicensingrelatedmattersfortheTown.4.OnSeptember8,2021,MarcarioRojasSaldivarcametoTownHalltotalkwithmeaboutthependingShowCausehearinginvolvingChelitos(ErickaSantanaGonzalez,GalexLLC,isthelicensee).Mr.RojasSaldivarreportedthatMs.SantanaGonzalezisinMexicountillateNovember,2021.‘WhenIaskedifhewasorderingthealcoholandschedulingemployeesduringherabsencehesaidyes,hewas.5.OnAugust13,2021,Ireceivedane-mailfromMs.SantanaGonzaelzreportingthatshewasleavingthecountry(inthenextfewdays)forthreemonths.6.Mr.RojasSaldivarisnotalawfullyregisteredmanagerunderthelicense.7.Uponinformationandbelief,inJulyandAugust,Mr.RojasSaldivarrepresentedhimselfasgeneralmanageroftheestablishmenttoOfficerEdwards.STATEOFCOLORADO))ss.COUNTYOfLARIMER)Theundersigned,beingsworn,saysthatthefactssetforthintheforegoingAffidavitaretruetothebestofherknowledge,informationandbe1if.illiaiusSubscribedandsworntobeforemethisdayofOctober,2021.Mycommissionexpires:-JO--FBUNNYVICTORIABEERSNotaryPublicStateofColoradoNotaryID#20164028823MyCommissionExpires07-29-2024Page 70
LOCAL LICENSING AUTHORITY
ESTES PARK, COLORADO
______________________________________________________________________________
IN RE MATTER OF:
GALEX LLC, d/b/a CHELITOS MEXICAN RESTAURANT
Attn: Erika Santana
145 E. Elkhorn Ave.
P.O. Box 3345
Estes Park, CO 80517
______________________________________________________________________________
AMENDED ORDER TO SHOW CAUSE AND NOTICE OF HEARING
______________________________________________________________________________
WHEREAS, the Liquor Licensing Authority (LLA) hereby grants the Motion to Amend
Show Cause Order filed by the Special Prosecutor. The LLA finds there is probable cause to
believe the violation set forth in the Motion to Amend occurred. The LLA amends the "Order to
Show Cause and Notice of Hearing" issued on August 11, 2021 with the addition of the
following:
III) Pursuant to Section 44-3-301(3)(a)(I), C.R.S. "It is unlawful for any person to
exercise any of the privileges granted under any license other than the license the person holds or
for any licensee to allow any other person to exercise the privileges granted under the licensee's
license…"
A) On 8/18/21, Officer Edwards responded to the establishment and asked to speak
to the manager. Mr. Rojas Saldivar identified himself as the manager and advised that Ms.
Santana Gonzales, licensee, was out of the country.
B) It is alleged that on 9/8/21, Mr. Rojas Saldivar came to Town Hall and spoke to
Town Clerk Jackie Williamson. He advised that Ms. Santana Gonzales was in Mexico through
late November. He further advised that he was ordering the alcohol and scheduling employees in
her absence. Ms. Santana Gonzales told Ms. Williamson in August that she was leaving the
country (in mid-August) for 3 months.
C) While Mr. Rojas Saldivar was operating the business under the license in the
absence of licensee, alleged violations of the Colorado Liquor Code occurred (disturbance and
overservice violations on 7/15/21
Note: Alleged violations as set forth at paragraphs I) and II) of the Order to Show Cause
and Notice of Hearing dated August 11, 2021, are incorporated herein and will be considered by
the LLA at the Show Cause hearing.
NOW THEREFORE, you are hereby ordered to appear before the Liquor Licensing
Authority to show cause why your license should not be suspended or revoked as provided by
law.
Page 71
The Show Cause Hearing shall be set for _________________________, 2021, at _____
p.m., Town Hall 170 MacGregor Ave., Estes Park, Colorado.
Please be advised that is the Liquor Licensing Authority finds you in violation of any of
the cited sections of the Colorado Liquor Code, the Liquor Licensing Authority may consider, in
selecting the sanction to be imposed against the license, any mitigating or aggravating factors,
any prior violations of the Colorado Liquor Code, as well as previous sanctions imposed against
you.
DATED: October 12, 2021.
Estes Park Liquor Authority
By: _________________________________
Wendy Koenig, Chair
Certificate of Delivery
I hereby certify that on October ____, 2021, I delivered the foregoing document via
electronic mail or via first class mail, postage prepaid, addressed to:
Galex LLC, d/b/a Chelitos Mexican Restaurant
Attn: Erika Santana
P.O. Box 3345
Estes Park, CO 80517
Brian Proffitt
Counsel of Record for Licensee
bproffitt@runcoproffitt.com
______________________________
Jackie Williamson, Secretary
Page 72
LOCAL LICENSING AUTHORITY
ESTES PARK, COLORADO
RE:
GALEX, LLC d/b/a CHELITOS MEXICAN RESTAURANT
Attn: Ericka Santana
145 E. Elkhorn Ave.
P.O. Box 3345
Estes Park, CO 80517
LICENSEE’S OBJECTION TO SPECIAL PROSECUTOR’S MOTION TO AMEND
ORDER TO SHOW CAUSE
Licensee Galex, LLC d/b/a Chelitos Mexican Restaurant (“Licensee”), through
undersigned counsel, hereby Objects to the Motion of the Special Prosecutor to Amend the
Licensing Authority’s Order to Show Cause to add a third violation. For the reasons set forth
below, the Motion should be DENIED.
1.The Liquor Code and Regulations permit this Licensing Authority to issue Show
Cause if it “appears from an investigation that there is probable cause to believe that a licensee has
violated [a] law, rule or regulation[.]” Reg. 47-600(B).
2.In her Motion, the Special Prosecutor alleges several factual matters which, taken
together, she claims is a violation of C.R.S. § 44-3-301(3)(a):
•That Mr. Macario Rojas Saldivar1 (“Mr. Rojas”) held himself out as a manager
of Licensee on the night of the alleged incident.
Licensee Galex, LLC acknowledges that Mr. Rojas was (and remains) an employee of the
restaurant and was the manager on duty the night of the alleged incident.
•That Ms. Ericka Santana Gonzalez (“Ms. Santana”) is the Licensee.
This is incorrect and can easily be shown to be mistaken through the Town’s records.
Galex, LLC d/b/a Chelitos Mexican Restaurant is the Licensee. Ms. Santana is an owner of Galex,
LLC.
1 While inconsequential to the outcome of this Motion, it is appropriate to mention that Mr. Rojas
is Ms. Santana’s husband.
PROVIDED ON 2021-10-11
• That Ms. Santana was not present on the night of the alleged incident and,
beginning approximately a month after the incident, she was scheduled to be out
of the country for an extended period of time.
Licensee Galex, LLC acknowledges that Ms. Santana was not present on the night of the
alleged incident and is currently out of town. But there is no requirement in the Liquor Code that
the owner of a restaurant must be present during all hours of operation (or at any time).
• That Mr. Rojas was “ordering the alcohol and scheduling employees.”
Licensee Galex, LLC acknowledges that Mr. Rojas, in his role as an employee and manager
of the Licensee, orders alcohol and schedules employees for their shifts.
3. Even if all of the above statements the Special Prosecutor contends are true, there
was no violation of the Liquor Code. As a result, the Special Prosecutor’s Motion must be denied.
4. C.R.S. § 44-3-301(3)(a) states:
“It is unlawful for any person to exercise any of the privileges granted under
any license other than the license the person holds or for any licensee to allow
any other person to exercise the privileges granted under the licensee's license[.]”
(emphasis supplied).
5. Elsewhere, the Liquor Code defines a “person” as “a natural person, partnership,
association, company, corporation, or organization or a manager, agent, servant, officer, or
employee thereof.” C.R.S. § 44-3-103(35) (emphasis supplied).
6. A company, such as Galex, LLC, can only operate through its “manager[s],
agents[s], servant[s], officer[s], or employee[s.]” and Mr. Rojas is an employee of the Licensee,
Galex, LLC. So when acting in his capacity as an employee (such as ordering alcohol or
scheduling employees for their shifts) his actions are one and the same as his employer, the
Licensee. Thus, Galex, LLC did not permit another person to exercise the privileges of its liquor
license. Rather, it was the one exercising those privileges when Mr. Rojas engaged in those acts.2
7. If the Licensing Authority were to adopt the reasoning of the Special Prosecutor,
the only individuals who could take orders, pour and serve drinks, order alcohol for an
establishment, pay the bills, or schedule employees for their shifts would be the owner(s) of the
Licensee. An owner could never take a vacation, could never have a sick day, and could never
2 The Liquor Code specifically permits persons other than an owner to order alcohol for a hotel &
restaurant licensee. See § C.R.S. 44-3-413(10).
open additional restaurants (without closing the establishment). That is obviously not what the
Liquor Code requires nor how establishments in Estes Park operate.
8. Since Mr. Rojas was an employee of the Licensee, Galex, LLC, when he “was
ordering the alcohol and scheduling employees”, the Licensee did not violate C.R.S. § 44-3-
301(3)(a) by allowing some other person to exercise the privileges of its liquor license. As a result,
no violation of the Liquor Code has occurred and the Special Prosecutor’s Motion should be
DENIED.
WHEREFORE, Licensee Galex, LLC d/b/a Chelitos Mexican Restaurant requests an Order
denying the Motion of the Special Prosecutor to Amend the Licensing Authority’s Order to Show
Cause. No violation of C.R.S. § 44-3-301(3)(a) occurred when an employee of the Licensee placed
orders for alcohol and scheduled employees for their shifts.
Dated October 11, 2021.
Runco & Proffitt, P.C.
Brian C. Proffitt, Reg. No. 31101
1616 17th St., Ste. 362
Denver, CO 80202
Attorneys for Licensee Galex, LLC d/b/a
Chelitos Mexican Restaurant
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Licensee’s Objection to Special Prosecutor’s Motion to
Amend Order to Show Cause was served by email to the following recipients:
Town of Estes Park
c/o Ms. Jackie Williamson
jwilliamson@estes.org
Ms. Kristin Brown, Special Prosecutor
knbpc@msn.com
Brian C. Proffitt
TOWN CLERK OFFICE MEMO
To: Mayor Koenig
Town Board of Trustees
Through: Travis Machalek, Town Administrator
From: Jackie Williamson, Town Clerk
Date: October 12, 2021
RE: Vacation Home Waitlist
Purpose of Study Session Item:
To review the status of the residential vacation home waitlist and discuss options on
how to manage the waitlist.
Town Board Direction Requested:
Staff requests direction from the Board on the management of the vacation home
waitlist to guide staff in the development of a potential Municipal Code amendment.
Present Situation:
The Town established a cap on the number of residential vacation homes with the
adoption of Ordinance 29-16. Along with the adoption of the cap the Ordinance
established a waitlist for residential vacation homes once the cap was met. Ordinance
8-21 which moved vacation home regulations from the Estes Park Development Code
to the Estes Park Municipal Code in July 2021 maintained the waitlist and states as
follows:
(b) Residential zone vacation home cap. (1) Vacation home licenses in residential
zoning districts (designated for the purposes of this section as zoning districts E, E-
1, R, R-1, R-2, RE, RE-1, and RM) shall be held at a maximum total (“cap”) of 322
licenses in effect at any given time. This cap shall be reviewed annually by the
Town Board, in or near the month of April. Applications received at any time such
that their approval would cause the cap to be exceeded shall be held and kept on
file in the order they are received and deemed complete by the Town Clerk’s Office.
Applications held on such list (the “waitlist”) shall be issued during the calendar year
as licenses may become available.
The waitlist has grown considerably in 2021 with a total of 58 applications at the time
this report was written, of which 41 have been submitted since January of this year.
The next application to come off the list and begin the licensing process was received in
December 2019. The Town has processed 15 applications in 2021 through September.
ITEM MOVED TO TOWN BOARD MEETING DURING STUDY SESSION
Proposal:
Staff intends to provide the Board with additional information on management options at
the study session in order to receive direction from the Board on potential code
amendments.
Advantages:
• To engage the Board in discussion on the waitlist and receive direction for future
code amendments related to the management of the waitlist.
Disadvantages:
• A change to the waitlist could impact current and future residential vacation home
applicants.
Finance/Resource Impact:
The only known financial impact may be staff time depending on the direction received
by the Board.
Level of Public Interest
Medium. Vacation homeowners, property managers, and neighboring properties have a
strong interest in any changes to the vacation home regulations.
Attachments:
None.
Vacation Home Waitlist
Town Board of Trustees
October 12, 2021
Why Are We Here?
Review the current status of the
waitlist for residential vacation homes.
Determine if alternatives are needed
to the waitlist.
Outline
1.Review Waitlist Status.
2.Procedures for Waitlist.
3.Proposed Alternatives.
4.Board Discussion and Direction.
Residential Vacation Home Waitlist Status
At current processing rate – 4 to 5 year
waitlist.
Should there be a cap on the waitlist?
Value of waitlist?
Waitlist by Year Applications
Processed
2018 8
2019 16
2020 15
2021 15
A i
Waitlist 60
Grown by 43 in 2021
Next Application on
Waitlist Received
12/2019
Procedures for Waitlist
Completed application submitted to Clerk’s Office.(No Limit)
Application reviewed for completeness prior to adding it to the
waitlist.
Zoning determined. Added to waitlist if residential.
Life Safety Inspection determined. Property owner notified how to
complete, if required.
Sales tax & property manager information not required due to length of waitlist. No fee required.
Application removed from waitlist
Property owner notified with 10 days to review the application for completeness.
Registration packet issued with 90 days to complete licensing process.
120 if Life Safety Inspection required and not completed previously.
Proposed Alternatives
A. Place a cap on the waitlist
XEstablish cap at the number of applications processed during the previous 2 years, i.e. 30.
XAdd additional applications during the month of February annually up to 30.
B. Moratorium on the waitlist
XOption 1 - Process current list.
XOption 2 - Limit list to top 30; i.e. 2 years.
XUse lottery for future years with applications submitted in February annually.
C. Status quo with no limit.
XLimit Life Safety Inspection
to first 2 years; i.e. first 30
on list.
Board Discussion & Questions