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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. Page 16 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. Page 20 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. Page 32 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; Page 51 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 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. Page 52 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 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. Page 53 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 • 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. Page 54 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 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 Page 55 NCJA CJIS Systems User Agreement rev.1.0 3/4/2019 700 Kipling Street Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us 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 Page 64 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