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Home My WebLink AboutPACKET Town Board 2011-12-20Prepared 12/15/11 * Revised TOWN OF ESTES P The Mission of the Town of Estes Park is to provide high -quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, December 20, 2011 6:00 p.m. AGENDA REQUEST TO ENTER EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. 24-6-402(4)(b) related to the Bond Park Project. REGULAR BUSINESS 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). RESOLUTION OF RESPECT FOR TOWN ADMINISTRATOR HALBURNT. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Joint meeting of the Town Board, Larimer County Commissioners and the Estes Valley Planning Commission Minutes dated November 15, 2011. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works Committee, December 8, 2011. 1. 2012 & 2013 Tree Trimming Contract, Wright Tree Service - $191,089.60 2012 Budgeted, $193,710.40 per 2013 appropriations. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEM: A. ORDINANCE #21-11 Amendment to the Estes Valley Development Code - Chapter 6 Nonconforming Uses, Structures, and Lots to allow for more flexibility to modify the interior of existing non -conforming Accessory Dwelling Units. 3. STAFF REPORTS AND DISCUSSION ITEMS: 1. 2012 STAFF COMPENSATION. Town Administrator Halburnt. 4. ACTION ITEMS: 1. RESOLUTION #18-11 TO CONSIDER COMMENTS FOR WESTERN AREA POWER AUTHORITY'S PROPOSED TRANSMISSION LINE FOR THE ESTES- FLATIRON REBUILD. 2. AMENDED LOCAL MARKETING DISTRICT INTERGOVERNMENTAL AGREEMENT. 3. EAGLES CREST RESORT WATER MAIN LINE EXTENSION CONTRACT. Director Bergsten. 4. ORDINANCE #22-11 — SETTING THE COMPENSATION OF THE MUNICIPAL COURT JUDGE, ASSISTANT MUNICIPAL COURT JUDGE, AND THE MUNICIPAL COURT CLERK PURSUANT TO SECTION 2.24.030 OF THE MUNICIPAL CODE. Town Administrator Halburnt. 5. RESOLUTION #17-11 INTERIM TOWN ADMINISTRATOR SALARY & JOB DUTIES. Attorney White. 6. 2012 TOWN MISSION, VISION AND GOALS. ADJOURN. MEETING CANCELLATION NOTICE: The Town Board meeting scheduled for December 27, 2011 has been cancelled. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 15, 2011 Minutes of a Joint Study Session meeting of the TOWN BOARD, LARIMER COUNTY COMMISSIONERS AND ESTES VALLEY PLANNING COMMISSION 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 15th day of November, 2011. Town Board: Mayor Pinkham, Trustees Blackhurst, Elrod, Koenig, Levine and Miller County Commission Commissioners Donnelly and Gaiter Planning Commission Commissioners Fraundorf, Hull, Klink, Norris, and Poggenpohl and Wise Also Attending: County Manager Lancaster, County Principal Planner Lafferty, Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White, Town Clerk Williamson, and Director Chilcott Absent: County Commissioner Johnson Trustee Ericson and Planning Commissioner Tucker Mayor Pinkham called the meeting to order at 2:05 p.m. ESTES VALLEY DEVELOPMENT CODE AMENDMENTS 2012 WORK PLAN Director Chilcott reviewed items staff recommends the Planning Commission work on during 2012 including Accessory Dwelling Units (ADU) to increase opportunities for construct, Planned Unit Development to incentivize redevelopment, Accommodations and multi -family residential standards to revise kitchen -based density formulas to a floor area ratio formula, and Street Design and Construction Standards - Appendix D to include more comprehensive standards. She also discussed future needs for inclusionary zoning as it relates to affordable housing and the barriers and incentives within the current code and limited site disturbance on lots platted prior to 2000 to remove exemption to site disturbance standards. Commercial/Residential interface zoning was removed from the work plan as an action item. The group discussed the work plan: • It was suggested inclusionary zoning should not be addressed at this time; however, current regulations placing barriers to affordable housing should be reviewed. • The items would be addressed in the order listed above as well as completing the first item prior to moving on to the next. • The street design standards would be a comprehensive review to bring the current Town standards in alignment with the County standards, which are clearer. For example, curb and gutter is required in all locations and the new standards would allow more flexibility on where they would be required. • Prioritization of the code amendments may be dependent on whether or not the Comprehensive Plan is being addressed, number of development submittals in 2012, and the formation of a problem statement supported by both elected bodies should bring forward fully vetted recommendations. • Regular study session meetings would provide a forum for reviewing items amongst the Town Board and the Planning Commission. Johanna Darden/Town citizen requested a clear definition of public open space in the Estes Valley Development Code for the Estes Valley and a slightly different definition for the property within town limits. She stated the need to address open space for long RECORD OF PROCEEDINGS Town Board Study Session — November 15, 2011— Page 2 term development guidance in the Comprehensive Plan. It was suggested the problem statement process should be open to the public to complete and submit to the staff. Several members of the Board would be supportive of allowing citizens to bring forward problem statements. ESTES VALLEY COMPREHENSIVE PLAN 2012 WORK PLAN. Over the past few years, there has been dialogue amongst community members as to whether the vision in the 1996 adopted Comprehensive Plan is still valid for the community; and, if so, whether it is being implemented. In 2010, a task force was formed to review the plan, and determined it was still valid with only minor updates. Updates to the plan would require significant staff time and financial resources; therefore, staff would recommend addressing the Action Plan within the Comprehensive Plan during the annual Triangle meeting. Staff also recommended focusing current discussions on land use by preparing a long-range neighborhood plan in 2012 for a neighborhood selected by the boards, including Hwy 7 corridor (school/fairground area), Elm Road Industrial district and the downtown corridor. This review would identify barriers in the current code that would limit the full redevelopment/development potential of the area to its highest and best use, and address areas identified by the task force that needed updating, including promote community diversity, historic preservation, guidelines for infill development, etc. If the mini comprehensive plan reviews are acceptable to the elected officials, staff would come back with a detailed outline of the process. The group discussed the Comprehensive Plan work plan: • The citizens have not provided input on whether or not the plan should be updated. The plan needs updating and public forums to identify issues without using a consultant. It was suggested a problem statement be developed for review by the elected officials. A community survey could also be conducted using community resources to provide additional public input on the plan. • The plan is not being used and there are a number of sections such as the neighborhood sections of the plan that should be addressed. • The group consensus was to move forward with the neighborhood plan review concept. However, it was also noted that there are several issues such as transportation that are already being reviewed by separate groups. Prior to the Planning Commission moving forward each issue should be reviewed to determine its current status. • The current plan encourages urban sprawl at the request of the community at the time for larger lots and more wildlife areas. Infill development would be the next logical planning process. • The current plan does not address redevelopment that will most likely be the economic driver in the next 5 years. Public input should be obtained to address the issue. A lack of commercially zoned property should also be addressed with redevelopment. • Permanently deeded open space has positive and negative consequences. The land cannot be used in the future and too much open space can limit affordable housing options. • A clear vision agreed upon by all should be developed prior to making a decision on revising the Comprehensive Plan. A vision statement should be added to the work plan. Tom Gootz/Town citizen stated support for additional open space in Estes Park. He would recommend a prioritization of open space that should be set aside and a plan for acquiring the properties to be discussed as an action item at the next meeting. He also suggested the Town should review current land holdings and sell lands not needed, using the proceeds to purchase open space. Mayor Pinkham stated the Estes Valley Land Trust prioritizes the purchase of lands for open space. Fred Mares/Town citizen suggested the Town needs to have a larger planning document/road map/vision for the community. He stated concern the Town continues to RECORD OF PROCEEDINGS Town Board Study Session — November 15, 2011— Page 3 complete projects as funds become available (grant funding opportunities) and the projects may not make sense for the community or the vision for the Town. The Town does not have a clear vision; therefore, he would support an update to the Comprehensive Plan to provide a map or conceptual plan for the Town. George Hockman/Town citizen stated support for the neighborhood comprehensive review and support for a complete revision of the Comprehensive Plan. He commented he was one of the community supporters of larger Tots in the late 1990s and has reconsidered that viewpoint due to the urban sprawl it has created. GOAL SETTING/COMMUNICATION. Planning Commissioner Klink requested the next meeting use a goal setting agenda and be more focused. There being no further business, Mayor Pinkham adjourned the meeting at: 4:15 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, December 8, 2011 Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 8th day of December, 2011. Committee: Chair Blackhurst, Trustees Ericson and Koenig Attending: Chair Blackhurst, Trustees Ericson Also Attending: Deputy Town Administrator Richardson, Commander Rose, Dir. Bergsten, Dir. Zurn, and Deputy Town Clerk Deets Absent: Town Administrator Halburnt, Trustee Koenig, Chief Kufeld Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT. Johanna Darden, Town resident, spoke in opposition to construction of parking structures as a method to reduce traffic congestion. She said a parking structure would detract from the beauty of the area and noted that, currently, the transportation hub at the fairgrounds is underutilized. Trustee Blackhurst noted that the business community has been asking for additional parking for years and that at this time a transit study is being conducted related to the Highway 34 corridor. PUBLIC SAFETY Commander Rose reported on the results of a drive speed study on Brook Drive in response to neighborhood concerns about speed bumps. The study recorded an average speed of 216 to 21.9: "miles per hour indicating speeding is not an issue in the area. The Committee requested that the results of the study be sent to the neighborhood residents. UTILITIES. 2012-2013 TREE TRIMMING CONTRACT. In order to increase reliability and decrease fire danger, the Light and Power Department contracts for tree trimming around overhead high voltage power lines on an annual basis. The 2012 budget contains $200,000 for this purpose. Advertisements for sealed bids were sent out in November 2011 for a two-year contract. Bidders must be certified and insured to work around high voltage power lines and possess and utilize equipment that meets American National Standards Institute requirements. Proposals include all labor, equipment, and incidentals for a two -person crew to perform the work. Bid results are as follows: Name 2012 Bid Davey Tree No bid Foothills Tree Service $357,760.00 Wright Tree Service $191,089.60 Asplundh Tree Experts $196,060.80 Staff recommends awarding a contract to low -bidder Wright Tree Service, at a cost of $191,089.60 for high voltage power line tree trimming in 2012. Awarding of the 2013 contract of $193,710.40 will be based on performance and allocation of funds. Supt. Steichen said that Asplundh Tree Experts has been awarded the contract in the past with satisfactory results, however, following a check of references and recommendations for Wright Tree Service, staff is recommending contracting with the RECORD of PROCEEDINGS Public Safety/Utilities/Public Works Committee — December 8, 2011 — Page 2 low bidder. The Committee recommends the approval of a contract with Wright Tree Service for 2012 Tree Trimming at a cost of $191,089.60, from account #502- 6301-540-25-32, budgeted, to the consent agenda. Awarding the second year of the contract (2013) at a cost of $193,710.40, will be based on performance and allocation of funds. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. 2012 Utility Rate Increase. Dir. Bergsten reported that the wholesale power cost from Platte River Power Authority (PRPA) will increase by 8.3% in 2012. Since wholesale power costs account for approximately 50% of Estes Park L&P's expenses, a purchase power rider was introduced in 1991 to pass through these changes in costs. The increase to retail rates is approximately 4.1%, which is in addition to the electric rate increase of 1.4% previously approved by the Town Board. 2. November Storm Damage & Recovery. To date approximately $250,000 in costs has been attributed to damage, replacement costs, and additional operational and personnel expenses related to the November wind storm However, Commander Rose reported that damages would need to be in the $6 million range in order to qualify for state relief. He and Supt. Steichen stated that the Town's emergency management system was a great help in handling the event and thanked the cities of Fort Collins and Loveland for the assistance they provided. PUBLIC WORKS. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Alternatives & NEPA Study for Highway 34 Transit Parking Facility. An environmental study to deterrine the preferred alternative for expansion of transit -related parking areas in Estes Park along the Highway 34 corridor is underway. The one-year study which began in August is funded by the U.S. Department of Transportation Paul S. Sarbanes Transit in Parks Program. The consultant firm of Felsburg Holt and Uflevig (FHU) has been collecting data since Labor Day weekend, and will schedule public hearings later in the study process, as required by the National Environmental Policy Act (NEPA). A stakeholders group has been formed and held its first technical meeting to in October, with a second meeting scheduled to focus on the purpose and needs of the study. Deputy Town Administrator Richardson said that staff will coordinate efforts between the groups that are currently involved with transportation -related topics, such as the Transportation Visioning Committee and the shuttle committee. MISCELLANEOUS. Dir. Zurn reported that: • Staff is researching 1TS systems to identify the appropriate product to purchase with FASTER grant monies remaining from the transportation hub project. The system needs to be adaptable and flexible enough to allow for future growth. • The Town has two current Requests for Proposals (RFP): the first for Virginia Drive, and the second for Bond Park Phase. • Work along Black Canyon Creek is essentially complete with plantings to be added by Parks staff when appropriate. There being no further business, Chair Blackhurst adjourned the meeting at 8:36 a.m. Cynthia Deets, Deputy Town Clerk Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Community Development Director Dave Shirk, Planner Date: December 20, 2011 Nis* h RE: ORDINANCE # 21-11 Amendment to the Estes Valley Development Code - Chapter 6 Nonconforming Uses, Structures, and Lots to allow for more flexibility to modify the interior of existing non -conforming Accessory Dwelling Units. Background: This is a proposal to amend the Estes Valley Development Code to allow alterations of existing legal nonconforming accessory dwelling units (ADUs). Currently, the code allows repair and maintenance to keep the ADU in safe condition, but does not allow alterations (see Exhibit A for definition). What is a Non -conforming use? Non -conforming uses are those that were legally established, but no longer comply with land use regulations. This includes detached accessory dwelling units, which have historically been allowed in many areas of both the unincorporated Estes Valley and within the Town of Estes Park. These have not been allowed since the adoption of the EVDC in Winter 2000. Why can't these be altered? The planning concept behind non -conforming uses is that the use is no longer appropriate, should end, and be replaced by a conforming use, Therefore, significant improvements that extend the life of the use are not allowed. What does this amendment do? This amendment moves away from the concept of `expiring' non -conforming ADUs to allow significant remodel of non -conforming units which would extend the useful life of units. Allowed work would include: Improving and modernizing the interior space of a nonconforming accessory dwelling unit (removal and addition of interior wails, addition of appliances to an existing kitchen, addition of laundry facilities); and • Removal and replacement of an exterior wall (in the same location) combined with relocation and enlargement of exterior doors and windows. Page 1 This amendment would not allow expansion of the square footage, footprint, or height of a nonconforming ADU; no vertical or horizontal expansion of the physical space would be allowed. This amendment was initiated in response to requests from the public to allow alterations of existing nonconforming accessory dwelling units and is part of a larger discussion about relaxing accessory dwelling unit regulations. This amendment helps implement Housing policies outlined in the Estes Valley Comprehensive Plan, such as (1) encourage redevelopment of existing substandard areas, (2) encourage housing infili within the existing urban area, and (3) regularly evaluate regulations and eliminate unnecessary requirements. This item is currently scheduled for the December 19 Board of County Commissioners meeting. Budget: N/A Planning Commission Recommendation: On November 15, 2011, the Estes Valley Planning Commission conducted a public hearing and found: 1. The proposed text amendments to the Estes Valley Development Code comply with review standards set forth in Section 3.3,D. 2. The proposed text amendments are consistent with the approved problem statement. 3. This is a recommendation to the Town Board of Trustees and the Board of County Commissioners. At that same meeting, the Planning Commission voted 6-0 (with one absent) to recommend approval. Sample Motion: l move to approve Ordinance 21-11. Page 2 ORDINANCE NO. 21-11 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE CHAPTER 6 NONCONFORMING USES, STRUCTURES, AND LOTS TO ADDRESS NONCONFORMING ACCESSORY DWELLING UNITS WHEREAS, the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code; and WHEREAS, said amendments to the Estes Valley Development Code are set forth on Exhibit "A`9 attached hereto and incorporated herein by this reference; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, set forth on Exhibit "A" and recommended for approval by the Estes Valley Planning Commission be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit "A." Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOAR❑ OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS 20th DAY OF DECEMBER, 2011. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk i hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 20th day of December, 2011 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of 2011, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk ORDINANCE 21-11 EXHIBIT A § 6.3 CONTINUATION OF NONCONFORMING USES OR STRUCTURES C. Alteration/Extension of Nonconforming Uses and Structures 1. Alteration/Extension of Nonconforming Uses Prohibited. Subject to the provisions of this Chapter, :t.2m2; Id,qtYo+woo L ik4°v a nonconforming use shall not be altered or extended. The extension of a nonconforming use to a portion of a structure which was built for the nonconforming use at the time of adoption of this Code is not an extension of a nonconforming use. 2. Alteration/Extension of Nonconforming Structures Limited. Except as allowed in below, a structure conforming as to use, but nonconforming as to height, setback or coverage, may be altered or extended, provided that the alteration or extension does not result in a new violation of this Code or increase the degree or extent of the existing nonconformity. (See §3.6, "Variances"; a variance may be sought to permit alterations or extensions to a nonconforming structure not otherwise allowed by this Chapter.") § 6.4 CHANGE OF NONCONFORMING USE A. If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the zoning district and, after the change, it shall not be changed back again to a nonconforming use. B. A nonconforming use may be changed to a conforming use in phases over time, provided that such phasing is in accordance with a development plan approved pursuant to the procedures set forth in §3.8 of this Code. DEFINITIONS § 13.3.13 Alter or Alteration shall mean any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors, windows, means of ingress or egress or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one (1) location to another. . ° It =r 9( § 13.3.13 Nonconforming Uses shall mean a use that was legally established prior to the effective date of this Code but that no longer complies with the use regulations that apply within the zoning district in which the use is located. Ordinance 21-11 Exhibit A December 20, 2011 Town Board Page 1 of 1 TOWN of ESTES SPAR Memo To: Honorable Mayor Pinkham Board of Trustees From: Town Administrator Halburnt Date: December 16, 2011 RE: 2012 Staff Compensation o. 001111 1111 1 1111xl11l'1u' '1111 I^ M1� 3Ili Background: The 2012 budget approval included a 3% staff raise. How the 3% will be implemented has come into question. The town's Personnel Manual includes a statement regarding Pay Philosophy as follows: "The Town of Estes Park follows a "merit" compensation philosophy (i.e.: employees are evaluated based upon performance, and pay increases coincide with level of performance). This merit system provides incentives for each individual to put forth their best efforts on the job. This means that each individual's progress on the job is reviewed regularly, recognizing the employee's achievements and suggesting areas of possible improvement. The prime responsibility for determining the amount of merit increases rests with the Town Administrator and the Department Heads, working within guidelines/limits established by the Board of Trustees." It was my intention to employ a 2012 merit pool with 0-5% eligibility for a raise. The raise would coincide with the employee's annual evaluation/anniversary date. This practice has been in place for at least 13 years, perhaps longer. The only years a merit pool was not used was 2010 and 2011 when employees received one-time bonuses of 2% across the board. Trustee Miller has expressed that his interpretation of the 2012 3% raise was a Cost of Living Adjustment that would be applied to all employees effective January 1, 2011. One trustee has suggested a compromise to include a 2% COLA and a 1 % merit pool. Another trustee has suggested a 3°A) COLA plus an additional pool of money for merit to be offset with cost reductions in other areas. For each 1 % offered, the effect to the general fund is approximately $60,000. Staff is not averse to changing the pay philosophy or any of the suggested compromises and will implement the will of the town board for 2012 staff raises. History Since 2007, the following raises and/or bonuses have been implemented: 2007 : 3% merit, .5% one-time bonus 2008: 2.5% merit, 2% COLA 2009: 3% merit 2010: 2% one-time bonus 2011: 2% one-time bonus 2012: 3% merit unless otherwise directed by the board Moving Forward At the September 27, 2011 work session, I suggested that retaining employees should be reviewed in general to include a discussion about salaries and benefits. I would recommend this take place in 2012 with your new Town Administrator. Budget: 3% is currently allotted in the in 2012 budget. The general fund impact is approximately $60,000 per 1 % increase. Proposed Motion: A motion is not necessary unless additional money is allocated. The staff is looking for direction on how to implement the allotted 3% increase. TOWN of ESTES PARI. Memo To: Honorable Mayor Pinkham Board of Trustees From: Town Administrator Halburnt Deputy Town Administrator Richardson Utilities Director Bergsten Date: December 20, 2011 11101,, irk -,111.li40„1":111111111111ir I fiti ui i i li i u 111 �I RE: Resolution #18-11 to Consider Comments to Western Area Power Authority's Proposed Transmission Line for the Estes -Flatiron Rebuild Background: Town Administrator Halburnt initially notified the town board about the WAPA transmission line rebuild in May 2010. The town was notified on November 15, 2011 and the attached letter was distributed to the town board. It indicates comments would be accepted as part of the environmental assessment on the project proposal and there would be many opportunities to learn about the project. Staff has been contacted about the project and has encouraged the public to address their comments to WAPA at the provided public comment meetings. This is a transmission line rebuild project and is not within our jurisdiction. The town of Estes Park L&P only deals with distribution lines. This issue has clearly become a political one and the public has asked the Town Board to consider a resolution opposing the proposed location of the rebuilt line. A resolution is attached for your consideration. The Proiect According to WAPA, the project will renovate 31.8 miles of three transmission line segments from Estes Park to the Flatiron Reservoir in Larimer County. It will increase system capacity for future public needs, improve access, replace old and deteriorating structures and bring the facility up to current National Electric Safety Codes. More information is available in the attached letter from the Department of Energy. In essence, there are two lines: the northern Estes -Lyons line and the Estes to Pole Hill line on 36 that are in question. WAPA is proposing to abandon the northern line for several reasons including: it was built in 1938, only has a 30 foot right-of-way, would require ROW acquisition, would require roads to be built through forest service land on steep terrain, and an easement for the line has limited Upper Thompson Sanitation District from facility expansion. The existing route on 36 was chosen instead because it has the needed 110 foot ROW with good access and existing roads. Some home owners have expressed concern about a redirected section of the line near Pole Hill. The section has been proposed to be redirected because they want to avoid the line crossing and re -crossing the highway. What is most important to recognize is there isn't even a draft environmental assessment study produced yet. The purpose of this public comment period is to gather input and create alternatives for the draft EA study. At this point the public should be weighing in on issues that WAPA should be concerned about during scoping. Staff has prepared a resolution addressing potential concerns for the Estes Valley for board consideration, but believes there is nothing to oppose at this time. Once a draft EA study is released with alternatives, WAPA will once again be accepting public comment. Therefore, staff believes we should be presenting ideas, not opposition. Concern has been express regarding the landmark Estes Park rock on highway 36 where visitors can be seen taking photos. A scientific visual analysis will be conducted as part of the EA study to study impacts to this area. As presented, the line would run at the bottom of the canyon looking toward Mt. Olympus. Estes Valley Planning Area A small portion of the line rebuild passes through the Estes Valley Planning Area (map attached.) We could recommend to WAPA that this small section of the proposed project be subject to a location and extent review through the Estes Valley Planning Area Development Code and request a public presentation to the Estes Valley Planning Commission and Larimer County Planning Commissioners. Instead, Staff recommends that we work with Larimer County to provide joint comments to WAPA once the draft environmental assessment is released and more public comment is accepted. Budget: None Staff Recommendation: If the board would like to weigh in on the issue, we propose a resolution with constructive comments to allow WAPA to develop viable alternatives. Proposed Motion: I move to approve/deny Resolution #18-11 to Consider Comments to Western Area Power Authority's Proposed Transmission Line for the Estes -Flatiron Rebuild Department of Energy Western Area Power Administration Rocky Mountain Customer Service Region P.O. Box 3700 Loveland, CO 80539-3003 NOV 1 5 1011 Dear Interested Party: Western Area Power Administration (Western) invites your involvement in the Estes -Flatiron Rebuild Project in Larirner County, Colorado. Western is proposing to remove three existing transmission line segments as shown on the enclosed maps and replace them with a single 115- kilovolt (kV) double -circuit transmission line using some of the land where the three lines are currently situated. Following the requirements in the National Environmental Policy Act (NEPA), Western will prepare an environmental assessment (EA) on its proposal, which includes opportunities for you to provide comments. For this project, Western would renovate 31.8 miles of three transmission line segments from the city of Estes Park to Flatiron Reservoir in Larimer County, Colorado. The proposed action would increase system capacity for future public needs, improve access, replace old and deteriorating structures, and bring the facility up to current National Electrical Safety Codes (NESC). The renovation would reduce maintenance costs and eliminate about 16 miles of transmission line and rights -of -way (ROW) by combining the three separate 115-kV transmission line segments into a single ROW. The existing three lines are the Estes -Lyons (E-LS), Estes -Pole Hill (E-PH), and Flatiron -Pole Hill (F-PH) segments. These transmission line structures are 60 to 72 years old, deteriorating, and need to be upgraded to current NESC_ The rebuilt transmission line would require widening and realigning one existing ROW, new galvanized -steel monopoles for the lines, and possible changes in access points for construction and other infrastructure. In addition to the double - circuit transmission lines on these structures, two fiber-optic communication lines would be added to the top of the structures. Photos of the proposed structures are enclosed. There are no proposed new substations, or changes to existing substations at this time. Townships crossed by the existing ROW include T5N, R7OW; TSN, R71W; and T5N, R72W in Larimer County. The Project would be constructed on private and public lands. A website is available for you to obtain further information about the project at http_Hww2.wapa.gov/sites/western/transmfission/infrastructiPageslEstes-Flatiron.aspx. You may submit comments on the project by e-mail to EstesFlatironF.A�7ciwapa.gov Western wants to ensure that you have many opportunities to learn about the project and provide comments and concerns. During the environmental review, Western will conduct public meetings in the town of Estes Park and city of Loveland, Colorado. Public meetings are tentatively scheduled for November 29 and 30, 2011. Please see the above website for more details. We look forward to your response. If you would like to meet with Western, have questions, or require additional information, please contact Mr. Tim Snowden at the addresses below. Tim Snowden Environmental Specialist Western Area Power Administration P.O. Box 3700 Loveland, CO 80539 970-461-7287 tsnowden@wapa.gov Sincerely, Gene Iley, Jr. Environmental Manager Enclosures: Project Location Map Photo of Pole Structure • A&/ mammon m *, Mix,. .?:�.,gi, Original Message From: Town of Estes Park,Colorado Finailto:info@estesnet.coml Sent: Thursday, December 15, 2011 11:27 AM To: info@estesnet.com Subject: Town Web's Feedback Form ******************************************************************************* Name: Elaine Winslow PhysicalAddress: 621 Pinewood Lane MailingAddress: same City: Estes Park State: CO Zip:. 80517 Phone: 577-0690 Email: Mtwindfall@aol.com Remote Name: 184.99.210.77 Date: Thursday, December 15, 2011 Time: 11:27:28 AM Comment: PLEASE take note of WAPA's proposed route for the Estes to Flatiron Power Line Rebuild. The proposed route will affect the Estes Valley view corridor dramatically. The alternate route ss already designated a USFS Utility corridor and would not impact the vast majority of 2sidents and visitors. Please make your voice heard. Thank you. 1 RESOLUTION NO. 18-11 A Resolution to Consider Comments for Western Area Power Authority's Proposed Transmission Line for the Estes -Flatiron Rebuild WHEREAS, the Town Board of Trustees of the Town of Estes Park became aware of a proposal by the Department of Energy's Western Area Power Administration to commence an environmental assessment for its proposed Estes -Flatiron Rebuild Project; and WHEREAS, the Board of Trustees of the Town of Estes Park strongly encourages and requests the Department of Energy to consider the following negative impacts of the Estes - Flatiron Rebuild Project to the greater Estes Valley ; 1) Impacts of transmission lines and towers and their effect on property owners near the right of way; and 2) Impacts of the transmission lines and towers on the rural character, majestic views, and the overall natural beauty of the area; and 3) Impacts to the local economy in the Estes Valley that emphasizes natural attractions for lodging, retail and recreational activities; and 4) Impacts of the transmission lines and towers to the Estes Valley view sheds, corridors and aesthetic values that support a successful Estes Valley economic tourism base.; and WHEREAS, the Board of Trustees recommends that the Department of Energy consider the negative impacts of the proposed project's encroachment into the greater Estes Valley Planning Area; and WHEREAS, the Board of Trustees requests the Department of Energy consider the impacts of the proposed project to an Estes Valley landmark located on U.S. Highway 36 known as the "Estes Park" welcome sign where visitors routinely photograph their arrival to Estes Park; and WHEREAS, the Board of Trustees requests the Department of Energy consider undergrounding transmission lines now and in the future, specifically transmission lines and towers along the U.S. Highway 36 causeway, when such projects are presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the Board of Trustees hereby expresses its fervent request to the Department of Energy to consider the issues presented concerning the Department of Energy's proposed Estes -Flatiron Rebuild project during the preparation of the project environmental assessment review. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of , 2011. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN ()F ESTES PAR 111 From: Lowell Richardson, Assistant Town Administrator Date: 12/20/2011 RE: Amended Local Marketing District Intergovernmental Agreement Background: The creation of the LMD (Local Marketing District) was approved by the voters in 2008. Four employees of the Town of Estes Park who were assigned to the Town's Advertising and Visitor Guide division, through agreement, were transferred to the newly formed LMD. Since 2008 previous LMD IGA's regarding the employees' salary compensation and benefits continued as a financial liability to the Town. Another component of the current IGA allowed the LMD to continue to operate under the Town's "Employee Handbook" policies. As the LMD operation stabilized incremental changes regarding the financial liabilities (salaries and benefit costs) of these employees transferred from the Town to the LMD. In 2010 the LMD assumed the financial liabilities of the employee salaries, in 2011 the LMD assumed the liability of sick time and vacation time accruals for all LMD employees. On December 8th myself, the Town's Finance Director, the LMD Director and LMD Board member Palmeri met to discuss the transfer process regarding LMD employee's benefits currently managed by the Town. The results of that meeting identified two LMD employees who; have retained vacation and sick time accruals on the Town books and one LMD employee who has retained sick time on the Town books. At this meeting the Town's Finance Officer concurred the most efficient method to account for former Town employees earned benefits from the Town is to payout (in cash) the value of the accrued benefits earned, to each employee. There are two employees entitled to a cash payout. Reviews of Town of Estes Park policies regarding separation of employment state the following: 1) Section P. "Resignation" — To resign in good standing, 14 days written notice must be given to the employee's Department Head. The resignation date shall be the last day worked. All accrued leave will be paid out on the following paycheck in accordance with the relevant sections of this policy, and 2) Section S. "Leave, subsection 1" - A terminating employee that has completed 20 years of continuous service shall be compensated for 50% of the accumulated sick leave hours. Said compensation will be computed at the same rate as final pay. In consultation with Town Attorney White regarding Town policy and his interpretation of these two sections identify the current LMD employees will separate their employment with the Town of Estes Park, effective January 1st, 2012 if the IGA is approved. Consistent practices by the Town of Estes Park's HR Department regarding resignations or terminations of Town employees, when a final paycheck is issued it includes cash payouts for any unused vacation time or sick time. Based on current Town policies and practices these employees are entitled to a cash payout once their employment with the Town is terminated. Current liability for the Town is $18,143.01. It should be noted these employees who accrued sick time that has no cash, this time will be transferred over to the LMD who will assume that liability under their new policies. Revisions to the IGA can be found in the mark-up attachment entitled Draft #5. Highlights to the 2012 revised IGA can be found within the IGA sections identified, they are: 1) Section 3. a. and b. - LMD employees relationship with the Town terminates upon approval of the 2012 IGA and LMD allowed to purchase Town employee benefits excluding holiday time, sick time and vacation time; 2) Section 4. - Quarterly meetings between the Town and LMD; 3) Section 6 — Advertising products currently owned by the Town can be used by the LMD and can remain in their possession for marketing purposes; 4) Section 8. - financial participation for 2012 is $85,000; and 5) The LMD is moving their operations out of the CVB offices January 2012. Also provided for review is an attachment of the 2012 IGA without markups. Attorneys for the Town of Estes Park and the Local Marketing District have reviewed this document providing changes as outlined in the draft IGA presented. The Local Marketing District Board has approved the IGA as presented. Budget: Since the Town recently approved a supplemental appropriation of the 2011Town budget the cash payout to the two LMD employees will occur the first week of January 2012. Staff Recommendation: Staff recommends approval of the 2012 IGA as presented and in 2012 pay each LMD employee a cash payout of their unused portions of vacation time and sick time as allowed by Town policy. Sample Motion: move to approve/deny the 2012 Local Marketing District Intergovernmental Agreement as presented. INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT by and between the ESTES PARK LOCAL MARKETING DISTRICT, a Colorado local marketing district, hereinafter referred to as the "LMD", and the TOWN OF ESTES PARK, COLORADO, a Colorado statutory town, hereinafter referred to as the "Town", is effective the 15t day of January, 2012. WITNESSETH; WHEREAS, the LMD is a local marketin forth in Section 29-25-111 (1) (e) (1) (A), (B) and strict organized to provide the services set .R.S.; and WHEREAS, the LMD was created`uant to the provisions€ Section 29-25-101 et seq. C.R.S. and the Intergovernmental Agreeme ;dated Aygust 26, 200$ bend all amendments thereto between the Town and the Board of Coun`tl?Cor"'signers, LarimertCpunty; and WHEREAS, applicable pro0.r.s1 as the Colorado .Constitution and the statutes of the State of Colorado, specifically Secttoti 29 2 40:1 et sect.l C`-R.S., authorize the LMD and the Town to enter into mutually bindle and c:nfo;rcable :.g.kr.ments, including agreements addressing the subject :e QE;this Agreement, a WHEREASe, Town A ;the LMDjiaiN4 determined that it is the best interest of both entities to accomplish t:* of arketing and promotional services as set forth in the Ope .tt igPlan by 1.4 tc t^ iis;Tnt.reYferntaaental Agreement. W, THEREFORE, IT ISM UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Preamble -;; The Parts ; acknowledge that the recitals set forth above are true and correct, and tho recitals arc hereby incorporated into this Agreement. 2. Effective Date. " h , Agreement shall be effective January 1, 2012. 3. Employees. �iouuioE �uQ,9 iw_�IH Bq ��o�l,h�� awe ;; : Or ,N,ti d. !� � ri ate J 0 1 ...iutoi,�.�9�,1�A: .....1,III.. ... ,a a Deleted: 3 Deleted: 2 Deleted: as of Deleted: The Town and the LMD agree as follows: Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" 11\ 1 DRAh I #„ b. Benefits Plan. L' Prla f 7 a ul r' D p ^34".^ _'.,_... The LMD shall reimburse the Town for all for LMD employees plus a 3°/0 administrative fee for the management and administration of those services. N 1 C , l g a vaM; N v � INN N; „accrued sick time 3ii.acatiori time under Town of Estes- Park policies as d,t,v �� in the Town ofrkI" I C a9,ww "r�l,u,_o.h,l �t Cz 3�, uturela real of sick time and vacation time for C d ; LMD employees shalj`b '°administered tin.,der the LMD's policies and pA012. procedures effective January 4.. Quarterly Meetings. Tot v effecttvc r* are mutually beneficial to bo i .pa t t quaxtexly'r two Town Board members, tliCir,V °s #]; wr.d : the Town Administrator orµdesig e s1i 11 It lace,, 5. Advertisi X r tl::tliit ,,All adverttstn pr ucts are s ld by the LMD to local businesses4 ,aka: "Sakehoi ran " Sho`iitd advertlsir,,g ale opportunities become present through a service provide i11,' the T� 'tx, the Towik ball coordinate those business advertising sales throuevt4e LMD 'F t l � t ' offici ,(tdestination marketing organization the LMD xesponsibk `Lor mdDat!,1nr, adve :::ng programs for local stakeholder businesses. This hides reseaiik tnew'�.�tlllh't development, promotion, sales, servicing, fulfillment, Yrsi icing, and colle6't ons C1uent advertising venues include brochure and menu display at kl..yisitor Center listings 4„.,ads on k' b"_ a , l p 1 1, , 1 : : ,nto, and Official Visitor Guidii;4„ Should y^� ii trt�,iat��'8t. V:. the option fl6,�w..111xa oiV 91,Y the LMD ��.1 1 ork with t'l ' „„@ in utilizing this advertising option j 1 ,, Al.l LIb1 itYcw 4141,llsg,i It t r, �1�1�� S t?rla �#_tutl�a.',d�l mi s. ilo4T:,l�1c:'; ,�„12 t1t%.!r..'.:::51g 'OSK1-...11 L1 . �Pa' ..... , :9 caoitLim.f ... ,N,GgIi'1.,6 4:11, 1.cgrjgi .11!;t4.11Ada „priWilni4 15.02d s ill ; 1` cu.ii hi ll hk ? tltt it .i t! . k�i-4��f--1:1. �,. "..Lfi.,elat raw �s '� M1�t� l Iw�n¢i; 1.1 '.I1_...41..11,.�1A •.: •..4�w�ea"_44.r.a, 6. Annual Audit. If the Town determines, pursuant to applicable GASB Standards, that the Town's audit requires the inclusion of the LMD as part of the audit, the LMD shall pay for the cost of the LMD's portion of the Town's audit expense. Akr,' 1NT A:l Pao t1n " tk��l_Iwttlu NTw6If rhi:4u1sip gr 41Bd� M t'^ But ➢446 hw,Nn Pia4`oN9 4.1446014,4 4oVNe Ju+: 41w Ys ?� 4ur l 4�l3u uv 9lrl H_sda ,1�,�'46 f �r 640i6„4.4.44 t I,.. efficient marketing' operations etings of two LMD Board members, t:.. ecutive Director or „designee and Deleted: Ali LMD employees are compensated by the LMD and receive no compensatory remunerations from the Town and LMD employees are governed by the LMD employee handbook. ¶ Formatted Deleted: insurancepremrums Deleted: {medical, dattal s+oq EAP ,., l21 Deleted: Those LI+1D employees who F.. Formatted ( ... 14),) Deleted: shall retain their Deleted: outlined Deleted: Employee Handbook Deleted'In the event of a retirement of . [ 1 Formatted: Font: Bold j Formatted: Indent Left: 0 Deleted: accomplish Deleted: attainment of meeting both Deleted: that Formatted Deleted determined Deleted: it is determined Deleted: their Deleted: their Deleted to accomplish established goalsr tFormatted Font: Bold Formatted: Font. Bold Formatted: Indent Left: 6 25 Deleted: Deleted: shuttle buses enable Deleted: m the Future Deleted: to seil ad crnsmg Deleted Quid Deleted: town Formatted: Indent left 0 25 (Formatted: List Paragraph Formatted: Font: Bold, Underline Deleted: 09� Deleted: in Deleted" Mg Formatted: Font: Not Bold, No underline DRAFT vv Vttp jYy d °3�� k d'�,..1,...":� burs°" '° ;ui°vv,:ulu.��u I'ltH 'v1 l_�.'t Vll 99 tJt °j, [;a „uU�'¢�i4r¢e idu�u"l7 �i k, M,•�;rVu e d.a.'r , 9t �,�i;p iirw, "w_d..�..,.. . 9. Effective Date and Termination. a. cement" tiumially in anticipation of the preparation of the annual Operating Oa by the LM1Xi b. If, through any cause, either party:f s to fulfill its obligattot Blunder this Agreement in a timely and proper manner, violaany prox ion of this r i:cement, or violates • any applicable law, the non -breaching rty h' give the bread g party written notice of said breach. €' i ;breaching prOigiall have thirty (30) days to correct the t,. breach. If the breaching rty ails to corrett.te breach within said thirty (30) day period, the non -breaching party shalt have the tights to terminate this Agreement for cause. �,- This Intergovernmental Agreement shall take e. remain in full force and effect unless termin parties or as provided in subsection c. bel the terms and conditions of this A 4744+ ,on January 1, 2012, and shall ,arlier by mutual agreement of the parties agree that they shall review c. Either pa* may te' ,hate this re4nent upotn'i ety (90) days written notice prior to the end of any caIi.r dar year. S4d'Iernunation shall be effective as of the last day of the appltt..a} tlse calenrar. year If the Town terminates this Agreement, the Town otheext t-ix bylaw kruu-.: d(.l:rii« �P i :=dt°w�r'; IL, tlddv dd.a„dht d4�d,"; dv br^nas,,E, i IOW tlh41,MD to ptuchase Town benefits for the Employees through o 10. Ann jal AppropriatiN on= tin g herein shall constitute a multiple fiscal year obligation, pursuar,tj to the Colodo Constitution, Article X, Section 20. Notwithstanding any other pra)ihsion of this ,greement, either Party's obligations under this Agreement are subject to ansaual appropriation by the Party. Any failure of a Party to annually to appropriate ad t ate ;n onies to finance the Party's obligations under this Agreement tl shall terminate ,� '` ,t�greement at such time as such then -existing appropriations are depleted. Written notice shall be given by the non -appropriating Party promptly to the other Party of the failure to appropriate adequate monies. 11. Notices. All notices or other communication hereunder shall be deemed given when. - personally delivered or after the lapse of five (5) business days following mailing by certified mail, postage prepaid, address as follows: ESTES PARK LOCAL MARKETING DISTRICT Attn: Chairperson 8 Deleted: 3 fl� Deleted: 2 Formatted: List Paragraph, Left, No bullets or 1 numbering Deleted: f Formatted: List Paragraph Deleted: p Deleted: upon its execution by both parties shall take effect Deleted: ¶ <#>Change in Employment Status. The parties understand and agree that the Parties are contemplating that the employment status of the Employees be changed so that the Employees become employees of the LIufD and not the Town. In said event, the Town shall, to the extent permitted by law, allow the Lh1D to purchase Town benefits for the Employees through 2013. Also, the Parries agree to amend this Agreement to address all issues resulting from the change in employment status.¶ Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.25" ,0 1 C.. L.DRAFT Post Office Box 4426 Estes Park, CO 80517 TOWN OF ESTES PARK Attn: Town Administrator Post Office Box 1200 Estes Park, CO 80517 ,Relationship of the Parties. The Parties enter intp • Intergovernmental .Agreement" as separate and independent entities and shall rl}a*t such status throughout the term of this Intergovernmental Agreement. ,,Governmental Immunity. Nothing can red herein f be construed as a waiver or. modification of the rights afforded to 'LMD and/or thel ;twn under the Colorado Governmental Immunity Act and su1 se4iient amendments there: 1k , 3, J..„ndemnification. To the extent pe toissih1 l defend and hold harmless§ 1 .Town of 1 *e `1'ark and its employees, elected and appointed officials, from any. ,an all claims, 1os 0t ,or damages incurred in connection with the services to be prkIecl by ale Town 'pi cant to this Intergovernmental Agreement. Such indemnificatio shall in trade xeasona:ble. attorney's fees and costs. 1, Govern .t?g!�� tw and construedder the 4t,, Venue Tgnue for 1i the LMD shallI<s}emnify, protect," greement shall be governed by. oii be deemed proper in the District Court of Lorimer., Entire Agreemef the Ia tes. The recitals contained herein represent the entire". agretnent of the *dries, an4 shall be binding upon the parties hereto and their succeS5;t&,. ,Amendmeri No arnetidment or other modification of this Intergovernmental" Agreement sh11bgv1`unless pursuant to a written instrument signed by both pardes. , Assignment. Te i h �benefits and burdens under this Intergovernmental Agreement mays not be assigned by either party without the written consent of the other. IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental" Agreement to be executed. Deleted: 3 a Deleted: 2 Deleted ti Formatted: List Paragraph, Numbered Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Deleted: 12, Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Deleted: 13 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + ,,.Indent at: 0.5" I Deleted: 14.. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Deleted 15. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Deleted: rs.. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: D.25" + Indent at: 0.5" Deleted: n.. I Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: D.5" Deleted: is.. ,�m, Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" „Formatted: Indent Left: D.5", First line: 0" z, Al I EST: Al I EST: 5 ESTES PARK LOCAL MARKETING DISTRICT By: Chairperson Page 2: [1] Formatted Greg 12/2/20119:50:00 AMA, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Page 2: [2] Deleted Greg 12/2/2011 9 53:00 AM (medical, dental, vision, EAP, health club, flex plans and retirement plans) Page 2: [3] Deleted Greg 11/29/20113:06:00 PM mmm�ry ,..,..r ...............u.....ww Those LMD employees who transitioned as Town of Estes Park employees to LMD employees Page 2: [4] Formatted 11/29/2011 3 09 00 PM +Start at: 1 +Alignment: Left + Numbered + Level: 2 + Numbering Style: a, b, c, ..Aligned at: 0.75" + Indent at: 1" Page 2. [5] Deleted Greg Lowell Ri!ard5on / 5/ 0Li : 2:00:AM In the event of a retirement or termination of employment of any of the LMD employees after January 1, 2012, all sick time and vacation time accrued before January 1, 2012 shall be payable to the employee by the Town. (Note: There is a question as to how sick time and leave should be debited against accrued sick time and leave after January 1, 2012. For example, if an LMD Employee takes ten days of vacation leave and has accrued ten days of vacation after January 1, 2012, does that ten day vacation leave be reduced from the Town's accrued leave time or the accrued LMD leave time.) page 2; r l Formatted uwelV � tdard a� L2/ /2011 2100100 PMWm Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Page 2. [71 Deleted l well R chards rn to accomplish established goals. These meetings shall include review of the LMD operating plan and budget. Service Level Agreement. The parties agree to meet and negotiate in good faith during the first calendar quarter of 2012 for the purposes of reaching an agreement regarding the minimum level of service for intake of visitors at the Visitors Center, including without limitation such issues as staffing, hours of operation, and other issues of mutual concern to the parties. (Note: It is my opinion that the language in this paragraph needs to be reviewed so as not to cause any unnecessary alarm from volunteers at the Visitors Center. It is my understanding this does not refer to anything having to do with supervision of the Ambassador Program at the Visitors Center.) INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT by and between the ESTES PARK LOCAL MARKETING DISTRICT, a Colorado local marketing district, hereinafter referred to as the "LMD", and the TOWN OF ESTES PARK, COLORADO, a Colorado statutory town, hereinafter referred to as the "Town", is effective the 1st day of January, 2012. WITNESSETH: WHEREAS, the LMD is a local marketing district organized to provide the services set forth in Section 29-25-111 (1)(e)(I)(A), (B) and (C), C.R.S.; and WHEREAS, the LMD was created pursuant to the provisions of Section 29-25-101 et seq. C.R.S. and the Intergovernmental Agreement dated August 26, 2008 and all amendments thereto between the Town and the Board of County Commissioners, Latimer County; and WHEREAS, applicable provisions of the Colorado Constitution and the statutes of the State of Colorado, specifically Section 29-20-101 et seq. C.R.S., authorize the LMD and the Town to enter into mutually binding and enforceable agreements, including agreements addressing the subject matter of this Agreement; and WHEREAS, the Town and the LMD have determined that it is the best interest of both entities to accomplish the efficient provision of marketing and promotional services as set forth in the Operating Plan by the terms of this Intergovernmental Agreement. NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Preamble. The Parties acknowledge that the recitals set forth above are true and correct, and those recitals are hereby incorporated into this Agreement. 2. Effective Date. The Agreement shall be effective January 1, 2012. 3. Employees. a. As of J anuary 1, 2012, the three Town employees assigned to the LMD ("LMD Employees") shall become employees of the LMD and their employment relationship with the Town shall terminate. As LMD Employees, the LMD shall be responsible for providing all salaries, benefits and terms of employment. The Town shall transfer the personnel files of the LMD Employees to the LMD. The Town may retain copies of information in the personnel files for the Town's 1 administrative purposes in the same fashion as the Town retains records for former employees. b. Benefits Plan. To the extent permitted by law and the terms of third party provider agreements, the Town shall allow the LMD Employees to be covered for all current Town benefits (medical, dental, vision, EAP, health club, flex plans and retirement plans). The LMD shall reimburse the Town for all costs of the benefits for LMD employees plus a 3% administrative fee for the management and administration of those services. c. The LMD Employee's accrued sick time and vacation time under Town of Estes Park policies as stated in the Town of Estes Park Personnel Policy Manual shall be payable to the LMD employees. All future accrual of sick time and vacation time for the LMD employees shall be administered under the LMD's policies and procedures effective January 1, 2012. d. Beginning January 1, 2012, the LMD shall be responsible for providing worker's compensation insurance coverage for the LMD Employees. 4. Quarterly Meetings. To facilitate effective and efficient marketing operations which are mutually beneficial to both parties, quarterly meetings of two LMD Board members, two Town Board members, the LMD's President or designee and the Town Administrator or designee shall take place. 5. Advertising Products. All advertising products are sold by the LMD to local businesses aka: "Stakeholders." Should advertising sale opportunities become present through a service provided by the Town, the Town shall coordinate those business advertising sales through the LMD. As Estes Park's official destination marketing organization the LMD is responsible for managing advertising programs for local stakeholder businesses. This includes research, new product development, promotion, sales, servicing, fulfillment, invoicing, and collections. Current advertising venues include brochure and menu display at the Visitor Center, listings and ads on www.VisitEstesPark.com, and Official Visitor Guide ads. Should the Town include the option for advertising in the shuttle bus, the LMD shall work with the Town in utilizing this advertising option. The LMD shall have authority to use all photographs collected, archived and created by the Town of Estes Park prior to January 1, 2010 for uses related to marketing purposes and the LMD shall retain possession of said photographs for those purposes. However, the Town of Estes shall have the ability to use and retain possession of said photographs at their discretion. 6. Annual Audit. If the Town determines, pursuant to applicable GASB Standards, that the Town's audit requires the inclusion of the LMD as part of the audit, the LMD shall pay for the cost of the LMD's portion of the Town's audit expense. 7. Town Financial Participation. The 2012 Town Budget includes funding of $85,000 to be transferred from the Town to the LMD for use by the LMD for its brand strategy program. 2 8. The LMD is relocating its offices from the Visitors Center to another location. Following relocation of the LMD officers, the LMD will no longer receive support from the Town for phone, electronic, internet, or IT services. The Town shall transfer to the LMD, without charge, the phone system and all computers currently used by the LMD. Said transfer shall be by bill of sale. 9. Effective Date and Termination. a. This Intergovernmental Agreement shall take effect on January 1, 2012, and shall remain in full force and effect unless terminated earlier by mutual agreement of the parties or as provided in subsection c. below. The parties agree that they shall review the terms and conditions of this Agreement annually in anticipation of the preparation of the annual Operating Plan by the LMD. b. If, through any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, violates any provision of this Agreement, or violates any applicable law, the non -breaching party shall give the breaching party written notice of said breach. The breaching party shall have thirty (30) days to correct the breach. If the breaching party fails to correct the breach within said thirty (30) day period, the non -breaching party shall have the right to terminate this Agreement for cause. c. Either party may terminate this Agreement upon ninety (90) days written notice prior to the end of any calendar year. Said termination shall be effective as of the last day of the applicable calendar year. If the Town terminates this Agreement, the Town shall, to the extent permitted by law and the terms of its agreement(s) with third party providers, allow the LMD to purchase Town benefits for the Employees through 2013 as stated in Paragraph 3.b. 10. Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to the Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, either Party's obligations under this Agreement are subject to annual appropriation by the Party. Any failure of a Party to annually to appropriate adequate monies to finance the Party's obligations under this Agreement shall terminate this Agreement at such time as such then -existing appropriations are depleted. Written notice shall be given by the non -appropriating Party promptly to the other Party of the failure to appropriate adequate monies. 11. Notices. All notices or other communication hereunder shall be deemed given when personally delivered or after the lapse of five (5) business days following mailing by certified mail, postage prepaid, address as follows: ESTES PARK LOCAL MARKETING DISTRICT Attn: Chairperson Post Office Box 4426 3 Estes Park, CO 80517 TOWN OF ESTES PARK Attn: Town Administrator Post Office Box 1200 Estes Park, CO 80517 12. Relationship of the Parties. The Parties enter into this Intergovernmental Agreement as separate and independent entities and shall maintain such status throughout the term of this Intergovernmental Agreement. 13. Governmental Immunity. Nothing contained herein shall be construed as a waiver or modification of the rights afforded to the LMD and/or the Town under the Colorado Governmental Immunity Act and subsequent amendments thereto. 14. Indemnification. To the extent permissible by law, the LMD shall indemnify, protect, defend and hold harmless, the Town of Estes Park and its employees, elected and appointed officials, from any and all claims, losses or damages incurred in connection with the services to be provided by the Town pursuant to this Intergovernmental Agreement. Such indemnification shall include reasonable attorney's fees and costs. 15. Governing Law in Effect. This Intergovernmental Agreement shall be governed by and construed under the laws of the State of Colorado. 16. Venue. Venue for all purposes shall be deemed proper in the District Court of Larimer County, Colorado. 17. Entire Agreement of the Parties. The recitals contained herein represent the entire agreement of the Parties, and shall be binding upon the parties hereto and their successors. 18. Amendment. No amendment or other modification of this Intergovernmental Agreement shall be valid unless pursuant to a written instrument signed by both parties. 19. Assignment. The benefits and burdens under this Intergovernmental Agreement may not be assigned by either party without the written consent of the other. IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental Agreement to be executed. ESTES PARK LOCAL MARKETING DISTRICT 4- A'1"PEST: ATTEST: Town Clerk By: Chairperson TOWN OF ESTES PARK By: Mayor 5 TOWN OF ESTES -3c_ Memo To: The Honorable Mayor Pinkham and Town Trustees Town Administrator Ha!burnt From: Reuben Bergsten, Utilities Director Date: December 15, 2011 RE: Eagles Crest Resort Water Main Line Extension Contract Background: Construction and startup costs for waterline extensions are paid for by new customers requiring water service. In some cases, a waterline extension may be adjacent to vacant land owned by others. The Town of Estes Park Water Department Standards, Section E, "WATERLINE EXTENSION ACROSS VACANT LAND POLICY" allows for a portion of these construction costs to be recovered by the customer within the first ten years of installing the waterline extension as future water taps are connected to the new waterline extension. Estes Resort Group LP, doing business as Eagles Crest Resort, has completed construction of a new waterline extension to serve their facility on the Spur 66. The attached agreement has been reviewed by Town Attorney White and he has no concerns. Budget: n/a Staff Recommendation: Staff recommends acceptance of the agreement. Sample Motion: I move for the acceptance/denial of the Estes Resort Group Waterline Extension Agreement. WATERLINE EXTENSION ACROSS VACANT LAND AGREEMENT ESTES PARK, COLORADO THIS AGREEMENT, made and entered into this day of 20_, by and between the TOWN OF ESTES PARK ("Town"), operating and existing under and by virtue of the laws of the State of Colorado, and ("Developer") WITNESSETH: WHEREAS, Developer is the owner of the following described property: (See Exhibit A, attached hereto and incorporated herein by this reference.) and the proposed water main that serves said property will be constructed across undeveloped property described below: (See Exhibit B, attached hereto and incorporated herein by this reference.) WHEREAS, Developer wishes to construct water distribution facilities to serve said property and connect to the distribution system; and WHEREAS, the Town is not required to enlarge or extend its facilities beyond those currently existing and all such enlargements or extensions are undertaken at the discretion of the Town in the interest of the public health, safety, and welfare. THEREFORE, it is mutually understood and agreed as follows: 1. Waterline Extension. The following waterline extension facilities will be designed, constructed and accepted by Town in accordance with the most current edition of the Town's Water System Engineering Standards ("Engineering Standards"): Developer. - t"-otl Project r_. ,. Engineer. �; dF 4"° µ�:a eTh 2. Warranty,. The Developer shall deliver to the Town a written warranty in accordance with the requirements of the Engineering Standards. 3. Transfer of Facilities. After the Town has executed this Agreement, ownership and maintenance responsibility for the facilities will transfer from the Developer to the Town. Before such transfer will occur, the Developer shall deliver to the Town a good and sufficient bill of sale for the water distribution facilities. The conveyance must state that the facilities so conveyed are free and clear of any claims or liens whatever. The Developer shall also deliver any required easements which shall be in the form acceptable to the Town. Easements must be signed and delivered to the Utilities Director for recording by the Town with the Larimer County Recorder. WATER SYSTEM ENGINEERING STANDARDS 4. Operation and Maintenance of Facilities. After the water distribution facilities have been transferred and subject to the provisions of the warranty, the Town will have full responsi- bility for operation and maintenance of the facilities and the actual costs incurred in connection therewith. The Town agrees to allow connection to the facilities in accordance with the Rules and Regulations of Town of Estes Park. 5. Indemnification. The Developer hereby agrees to hold harmless the Town, its successors and assigns, against any and all liability, loss, or damage the Town may suffer as a result of demands, claims or judgments against it on account of defective materials and workmanship used to install the facilities. Said indemnification shall include, but not be limited to, court costs, damages, repair costs, and reasonable attomey's fees. . This indemnification shall not supersede or replace the warranty provided to the Town pursuant to Section 2 above. 6. Enforcement of Agreement. The Developer and Town acknowledge and agree that this Agreement may be enforced in law or in equity by an action for specific performance and/or damages, or such other legal and equitable relief as may be available. 7. Survival of Obligations. The provisions of this Agreement shall be deemed to survive the transfer of the water distribution facilities and shall be binding upon the successors, transferees, and assigns of the parties. 8. Assignments. The Developer shall not assign its rights or delegate its duties under this Agreement without prior written consent by the Town. 9. Reimbursement for Extension Over Varmint Land. The Town will not reimburse the Developer for extending the line over the vacant land. The reimbursement shall be determined and collected pursuant to the Reimbursement Policies of the Town. The Town shall use its best efforts to collect the reimbursement but does not warrant collection nor shall the Town be liable for its failure to collect reimbursement from a third party. If during a ten (10) year period from the date this agreement is signed by all parties, another party taps into the water main crossing the vacant land, the Town will collect and determine appropriate payment from that party and reimburse the Developer. Reimbursement from any third party shall terminate ten (10) years after the date of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. TOWN OF ESTES PARK By: Name: Title: DEVELOPER By: Title: 'fly Address:,. ATTEST ATTEST By: By: (SEAL) (SEAL) tAOC133116 00+ L 4 VI$ all Olt+s VAS MIAOW CM NVld SL1lf*$VNO SNJJJG NNW M3.VM .siH O$3il 3e13 931DV3 1 } � i o 3q i,40 I1112t 'tteldiNNNNV4E rfp ARVI tdP rk it a s i ,11114.1 OV On, ggPAT 0a MII OZ 4,Sn I/26 st41*-6Y te1116kLYi ion 41 S01213021 1i30 NUM 42.1. 2 I AS kw 1kYl211530 '4n t. � ! W l II i L LI I 16 &MOE SCOW l � 1 fl T14 j , 1 Ii I f r' ' a: xi- Vi ins; S3 vxs ^ W i1 t JOI.133HS 02+9 VAS 0100+0 V1$ 311d0E1d UNV NV1d Sl7[M-SV NO1SN31301 NMI N3LVM 13111011311MVO Sf10V3 gS ' ygI l f a1i:C, tit iti 10 911. , a Enr r,-- Ate» -71 �:_ .. �. I ri• t surawnofd3o a vx 6Ms a aq i 4w nauea',�C� . rox rISI/IA, :rvII I � ,� � !I j-mar{si 1 i � j 9 111 iI t ` I If �yy Ld ``+A 11 II 11I k i I 1 1 ,- �j� i I !1 I e i If i ; ik 3 f F I J 4411111141 ame hi! WII AO£J331•13 dO3 Ot 00+L 4 r1.S 31UO&W ONM P1V V sL1I li�e� yv�/�N�.�OyI�SrN�ILXw� NIVNI yy� N�.� LYM , SIAOS3H iS3 3 �V*! 1 COfll .144 ; I.. 3Nf51131Y0V"^+i� nal >,x siT-2, a turimoo • z 3sv0 SHOEsvwa :01 100 .8,1 itt !I I !!1 1111/1/1 s "�.1% f lte1 " i e si 41a0 i is n a h*VI t i s a �� 8 S C n� I f {� I / tsppi � xap �E` � 11 a ;gal i •mxud SMINfir° i 111111111111111111111 innnmuuuuuuuuum ZMINEENNE Cost Basis for Reimbursement Water line extension from Intersection of Dalhnan Court to 2123 Highway 66 entrance, 8" ductile iron pipe, fittings, valves, hydrant $34,236.90 Concrete $48.46 County Permits $395.00 Structural Fill $281.08 Compaction Testing $400.00 Cost for Blasting $409.70 Traffic Control $2,640.55 Portable Toilet $182.30 Labor $15,576.00 200c LC Excavator $14,200.00 450 Skid Loader $3,549.00 60 D Excavator $5,522.50 310 SG Backhoe $22.00 773 Loader $175.00 Tandem Dump Truck $2,006.25 1 1/2 " gravel $866.25 1" road base $193.07 Cold Patch $373.32 Air comp. rock bits, hose $90.00 Asphalt patch hwy 66 crossing $800.00 TOTALS $81,967.38 NET COST Water line extension to serve Lot 1, amended plat lot 12, Greeley -Boulder $40,983.69 Colony Subdivision, ',whaler County AND Lot 24 (highway 66 south of Denman Drive — Rippling River), Larimer County $40,983.69 EXHIBIT A Lot 1, Amended Plat Lot 12, Greeley -Boulder Colony Subdivision, Larlmer County, State of Colorado EXHIBIT B Highway 66 (Spur 66) from Daliman Drive, southerly to the property described in Exhibit A, I 0 9 j r/t.Iffh Arc, er.1° Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN c�>'= E STES 'A.RIK 111111), 1111111111111 11111111 o 1 1111 1111 From: Gregory A. White, Town Attorney Date: December 16, 2011 RE: Resolution 22-11 — Municipal Court Compensation 10 Background: Sections 13-10-107 and 13-10-108 C.R.S. provide that the annual compensation of the Town of Estes Park Municipal Court Judge, Assistant Municipal Court Judge and Clerk of the Municipal Court be set by Ordinance. Said statutory sections provide that the compensation of the Municipal Court Judge and the Clerk of the Municipal Court be payable on an annual basis; but compensation for the Assistant Municipal Court Judge may be based upon the number of court sessions served by such Judge. Ordinance 22-11 sets the 2012 compensation for the Municipal Court Judge, the Assistant Municipal Court Judge, and the Clerk of the Municipal Court. It has been the policy of Town Board to increase the Municipal Court Judge and the Clerk of the Municipal Court salaries by 5% in even numbered years. The compensation set in Ordinance 22-11 for the Municipal Court Judge and the Clerk of the Municipal Court is a 5% increase in the 2010 salaries. The Assistant Municipal Court Judge per case compensation remains the same. Budget: The adopted 2012 Budget includes the compensation increase set in Ordinance 22-11. Staff Recommendation: Staff recommends approval of Ordinance 22-11. Sample Motion: I move to approve/deny Ordinance 22-11. Page 1 ORDINANCE NO. 22-11 AN ORDINANCE SETTING THE COMPENSATION OF THE MUNICIPAL COURT JUDGE, ASSISTANT MUNICIPAL COURT JUDGE AND THE CLERK OF THE MUNICIPAL COURT FOR 2012 BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Pursuant to Section 2.24.030 of the Municipal Code the annual compensation for the Municipal Court Judge, Assistant Municipal Court Judge, and the Clerk of the Municipal Court for 2012 are set as follows: The Municipal Court Judge shall receive as compensation for his/her services an annual salary of Twenty -Two Thousand, Seven Hundred Seventy -Nine dollars and seventy-four cents ($22,779.74); provided that any Municipal Court Judge who serves for only a part of the year shall receive for his/her compensation only a pro rata portion of the foregoing annual salary based upon the number of days he/she actually serves as a Municipal Court Judge. The Assistant Municipal Court Judge shall receive as compensation for his/her services One Hundred Fifty dollars ($150.00) per court session attended. The Clerk of the Municipal Court shall receive as compensation for his/her services as Clerk of the Municipal Court an annual salary of Eleven Thousand, Seven Hundred Seventy -Nine dollars and ninety-five cents ($11,779.95); provided that any Clerk of the Municipal Court who serves only a part of a year shall receive for his/her compensation only that portion of the year he/she actually serves as a Clerk of the Municipal Court. Section 2. This compensation shall be effective as of January 1, 2012. Section. 3. The immediate passage of this Ordinance is necessary in order for the compensation to be effective January 1, 2012, and therefore this Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2011. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2011, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2011. Town Clerk Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN OF ESTES PARK 000 rot 001111 11 From: Gregory A. White, Town Attorney Date: December 20, 2011 RE: Resolution 17-11 — Interim Town Administrator i Background: Based on the discussion at the Special Board Meeting of December 5, 2011, I have made the following changes to Resolution 17-11: 1. A new clause has been added to Paragraph 1 adding the option of the Board to terminate the interim appointment prior to June 30, 2012, or the commencement of duties of a new Town Administrator. 2. The amount of salary increase is stated as a monthly increase of $812.50. 3. The date of the reduction in salary back to the Assistant Town Administrator salary is clarified as the start of the pay period immediately following termination of the Interim appointment. 4. Paragraph 4 has been changed to a 3% bonus approved by the Board of Trustees after the termination of the interim appointment. This 3% bonus is in lieu of participation by the Assistant Town Administrator in the 3% merit pool for other Town employees and is contingent on the Board determining that the Interim Town Administrator adequately performed the interim job responsibilities. 5. A new Paragraph 6 addresses the return of the Interim Town Administrator to his duties as Assistant Town Administrator upon termination of the interim appointment. Budget: The budget implications for the approval of the Resolution are an additional $812.50 per month increase in salary for the Interim Town Administrator during the interim period Page 1 and a 3% bonus based upon adequate performance of the interim job responsibilities by the Interim Town Administrator. Staff Recommendation: Staff recommends approval of Resolution 17-11. Sample Motion: I move to approve/deny Resolution 17-11. Page 2 RESOLUTION NO. 17-11 WHEREAS, Chapter 2.28 of the Municipal Code provides for the appointment of a Town Administrator and sets out the functions and duties of the Town Administrator; and WHEREAS, on January 1, 2012, the position of Town Administrator will be vacant; and WHEREAS, the Board of Trustees has initiated the process to select a new Town Administrator; and WHEREAS, on November 22, 2011, the Board of Trustees appointed Lowell Richardson, Assistant Town Administrator, as the Interim Town Administrator; and WHEREAS, it is necessary to define the term, job responsibilities, salary, and benefits of the Interim Town Administrator for the interim appointment. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. Term. The term of the appointment of the Interim Town Administrator shall be from January 1, 2012 until June 30, 2012, until the new Town Administrator has commenced the duties of Town Administrator, or until further action of the Board of Trustees, whichever first occurs. 2. Salary and Benefits. During the interim period, the Assistant Town Administrator's salary shall be increased $812.50 per month as compensation for his duties as Interim Town Administrator. All other current benefits including, but not limited to, health, vision and dental, vacation and sick leave, pension and automobile allowance shall continue during the interim appointment. 3. Return to Current Salary. Upon termination of the interim appointment, the Interim Town Administrator's salary shall return to the Assistant Town Administrator rate as of December 31, 2011. The effective date of this adjustment shall be the start of the pay period immediately following the end of the interim appointment. 4. Bonus Payment. The Board of Trustees has approved a 3% merit pool for the 2012 Budget. In lieu of the Interim Town Administrator participating in the 3% merit pool for 2012, the Interim Town Administrator shall receive a 3% bonus (3% of the Assistant Town Administrator's annual salary) upon the determination by the Board of Trustees that the Interim Town Administrator has adequately performed the job responsibilities of the interim appointment. The Board shall make this determination within sixty (60) days from termination of the interim appointment. . 5. Job Responsibilities. The Interim Town Administrator shall be responsible for all the functions and duties set forth in the Town Administrator's job description and as follows: a. The Interim Town Administrator shall maintain the current status of the organization. Current status shall include training programs for staff, capital improvement policies to support the CAMP, shuttle system methodologies that involve community members, and department operating plans outlining services provided. No major changes in staff other than disciplinary actions pursuant to the Town's Personnel Policy Manual or policies of the Town shall occur during the interim appointment. b. The Interim Town Administrator shall work on compiling information for the new Town Administrator on critical issues of Town administration including, but not limited to, budget, organizational chart, assessment of organization, current policies, staffing levels, standard operating practices and current issues. c. The Interim Town Administrator shall identify and create a list of short and long-term issues the new Town Administrator may face upon assumption of his/her duties as Town Administrator. d. Upon termination of the interim appointment, the Assistant Town Administrator shall return to his previous duties set forth in the Assistant Town Administrator's job description. Dated this day of , 2011. Mayor ATTEST: Town Clerk Memo TOWN of .ESTES .PART. 104 11 4 0 III 000 4111 .1 11 I i00001 0111110,11111011111110 To: Honorable Mayor Pinkham Board of Trustees From: Town Administrator Halburnt Date: December 16, 2011 RE: 2012 Vision, Mission, Guiding Principles and Goals iv Background: The town board held a work session on September 27 to review and revise the town's vision, mission and guiding principle statements. The board decided to leave these statements unchanged from 2011. The town board also set the 2012 goals. We recommend the town board formally adopts these statements and goals. Budget: None Proposed Motion: I move to adopt the 2012 Vision, Mission, Guiding Principles and Goals. Vision The Town of Estes Park will enhance our position as a premier mountain resort community. Mission The Mission of the Town of Estes Park is to provide high -quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and our natural setting. Guiding Principles The Town of Estes Park strives to maintain a balanced approach while we: A. Maintain and strengthen our economic vitality B. Provide services which are responsive, sensitive, and reliable C. Preserve our unique character and history D. Sustain a family -friendly community for our citizens and visitors E. Consider the impact of our actions on the environment F. Support diverse, affordable housing G. Enhance recreational and cultural opportunities H. Employ and maintain a professional, innovative, and productive team 2012 GOALS Develop Economic Strategy Engage the community in an economic development visioning process Evaluate economic development and grant opportunities Participate in county, regional and state economic planning Improve Transportation Enhance Visitor Experience o Evaluate/Improve Public Transportation Services o Encourage use of the transportation hub and measure effectiveness Reduce Congestion o Continue to partner with CDOT and RMNP to seek solutions Sustain Infrastructure Implement Comprehensive Street Maintenance / Replacement Program o Explore internal and external funding options a Recommend street maintenance /replacement plans for 2013 budget Recommend Utility maintenance / replacement plan for 2013. Stanley Park Redevelopment - Develop long-term alternatives for financing the completion of the Stanley Master Plan - Begin construct of replacement horse stalls - Resolve SOPA feasibility at Fairgrounds and FOSH funding by May 2012 Bond Park Redevelopment - Complete the first stage of development - Develop scope and implement the second stage of development Park This version contains Trustee comments for consideration Vision The Town of Estes Park will enhance our position as a premier mountain resort community. Mission The Mission of the Town of Estes Park is to provide high -quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and our natural setting. Guiding Principles The Town of Estes Park strives to maintain a balanced approach while we: A. Maintain and strengthen our economic vitality B. Provide services which are responsive, sensitive, and reliable C. Preserve our unique character and history D. Sustain a family friendly community for our citizens and visitors E. Consider the impact of our actions on the environment F. Support diverse, affordable housing G. Enhance recreational and cultural opportunities H. Employ and maintain a professional, innovative, and productive team 1 2012 Goals* • Enhance the Town's economic vitality by developing an overall economic strategy Engage the community in an economic development visioning process — Evaluate and implement, where approved, economic development opportunities — Participate in county, regional and state economic planning • Improve Transportation — Consider implementation of the Transportation Visioning Committee's recommendations (where dollars are budgeted) — Reduce downtown congestion/pollution by continuing to partner with the Colorado Department of Transportation and Rocky Mountain National Park on solutions — Encourage use of the Transportation Hub and measure effectiveness through changes in signage and other incentives — Evaluate/improve public transportation services • Sustain Infrastructure — Implement a Comprehensive Street Maintenance/Replacement Program — Recommend utility maintenance/replacement plans for 2013 budget Explore internal and external funding options • Stanley Park Redevelopment Begin replacement of deteriorating horse stall barns — Develop long-term alternatives for financing the completion of the Stanley Park Master Plan — Resolve SOPA feasibility at the Fairgrounds at Stanley Park and FOSH money by May 2012 • Bond Park Redevelopment 2 — Complete the first stage of development — Develop detailed scope on implementation of the second stage, where appropriate * Goals are not in order of priority 3 Comments from Trustee Ericson regarding the 2012 Goals: 1. Economic Strategy • Would like the wording to focus on "getting it done," not just "talking about it." Therefore he expanded the wording of the title/category and second bullet. 2. Transportation • Removed the first bullet ("Enhance Visitor Experience") — felt it was just too inexact; just conveyed a nice intent • Replaced the first bullet with one about TVC recommendations • Changed the order of the bullets 3. Sustain Infrastructure • Removed third bullet: "Recommend street maintenance/replacement plans for 2013 budget." 4. Stanley Park • Felt number two should be number 1 • Okay with Tong -term financing investigation for the Fairgrounds at Stanley Park, but would like the research to be done by a public committee (like in the case of the fire district), assisted by Town staff. • Initially felt number 3 (SOPA feasibility) should be removed, but opted to leave in for now Overview: Trustee Ericson feels the goals should be listed in order of priority: "We need this debate to be clear— especially with the Citizens Survey coming around. They will all want to know what we think and will do, so they can agree or disagree with us." He also felt that the thoughts of Johanna Darden need to be considered: "... some are very thought provoking." 4 Comments by Keith Pearson, 41Alpine Drive, Estes Park We firmly support the upgrading of our nation's infrastructure to meet the needs of our friends along the Front Range and beyond. But wesupport that tothe extent that bdoes not cause undue harm tn the landscape and the good ofthe general public. Decisions that are made today cannot beundone. The towers that VVAPAproposes kzbuild will still be standing when our grandchildren visit Estes Park And they will be asking, "Why did they allow these towers to be put here?" Over the years, our Town Trustees have taken great care and discernment, and have given the utmost consideration to protecting the IMAGE of Estes Park (w/in and outside town limits). The experiences of the millions of visitors to Estes Park — be it RIVINP or Bond Park, Elk viewing or Fall River, or the majestic views on the way into the Estes Valley — all of these reflect on the image of Estes Park. Any further industrialization along US-36impacts that image. And Western's proposal isn't one ofminor industrialization — it is large scale... the construction of 10-story structures — taller than any structure in the Estes Valley, taller than any tree inthe Estes Valley! Andtheirproposa|isnoton|yLoindusthaUzetheUS-3GconidnrintoEstesPark but also the National Forest trui|heads and the bachcountry camping areas are being slated for this industrialization. Their proposal brings new 10-story towers right through the access point and all along the trail. This is one of the busiest trails in the whole Roosevelt National Forest, drawing thousands more visitors to Estes Pork each year. We are very pleased that the Trustees are considering this resolution. It isafirm stance |nyour resolve to preserve the landscape for generations to come. As you move forward, we encourage you tohold firm to your ideals: 1 Preserving public scenic byways and first impressions. 2. Protecting populated areas from industrialization. 3. Sustaining public bazhoountryaccess and experiences. And the best course of action towards these goals bto USE THE ROUTE WE ALREADY HAVE — use the existing Utility Corridor, which isalready legally established bythe USForest Service Management Plan, and which is already occupied by the original Estes -Flatiron Transmission line, as well as o natural gas The Utility Corridor has long been established and documented as the preferred route for all future utilities, so it would seem natural that the town would encourage our public partners to be good stewards ofthese resources and use them for their intended purposes. Thank you for your consideration ofthis proposal. Comments re Resolution #18-1 1 From: Keith Pearson, 4lAlpine Drive, Estes Park, CO 80517 To: Estes Park Board mfTrustees December 3O,ZD11 Comments to be included in the Public Record regarding "Resolution #18-11 to consider comments for the Estes -Flatiron Transmission Line Rebuild Project" The decisions that are made today cannot be undone. The towers will still be standing when our great- grandchildren visit Estes Park. And they will beasking, "Why did they allow these towers tmbeput hare?° Protect and Preserve the Landscape for the Good of the General Public The most important consideration is the impact on the landscape of the Estes Valley. Visitors travel thousands of miles and spend millions of dollars traveling here to enjoy the scenery of the Estes Valley and Rocky Mountain National Park. Western is proposing to install a web of transmission lines and towers at the very location where visitors catch their first glimpses of the Continental Divide. The proposed 10-storytowers are taller than any structure inthe Estes Valley. |nfact, they are taller than any tree inthe Estes Valley. The town ofEstes Park has grown into elandscape economy. |tdepends heavily ontourism from businesses such as hotels, B&8'u, retreats, local shops' restaurants' guiding services, rental properties and real estate. Over three million people visit Rocky Mountain National Park every year and US Highway 36 is the gateway to the Estes Valley with some of the most spectacular scenic views in the nation. Any further industrialization nf the Estes Valley or the scenic corridor of Highway 36 will significantly harm the livelihood of everyone who lives, works, and visits here. Businesses throughout the Estes Valley rely on the rural character, the majestic views, and the overall natural beauty ofthe area tmthrive. The National Forest trailhead off US-36 is used by thousands of people per year for hiking, camping, horse -back riding, Jeep, ATV and motorcycle access. Itbone ofthe most heavily enjoyed recreational areas |nthe Roosevelt National Forest; and it is a major attraction drawing outdoor enthusiasts to Estes Park. |fVVAPA were to construct industrial -scale towers and lines through the foreground of this high use National Forest trail head, it would result in significant harm to the overall experience of the area by its many visitors. The scenic integrity of this National Forest access must be preserved for us all, today and for future generations. �� Preserve LanK�0cape»EcoD&om�,�� Qua8�y~. Life for Everyone Western's proposed transmission route affects more than just people inthe right ofway. K8eadoxvdo|eHills got involved originally because Western's proposed route traverses our community. It quickly became apparent that the outcome ofthis project would have asignificant, long-term impact nnalocal, regional, and national scale. VVeare business owners, employers, workers, teachers and students. This iswhere vveall live, work, vacation, shop and play. Our goal iotowork with people inthe Estes Valley and beyond towards asolution that provides the best outcome for the larger public benefit, today and for future generations. � ^ ^ V11 0111 , 10 , � Would you want this In your vacation pictures? Save Estes from Industrial Transformation - Use Existing Utility Corridor We respectfully request that the Trustees' resolution encourages Western to construct the Estes -Flatiron Transmission Rebuild in a manner that protects the landscape for the good of the public. 11rlT va The Estes -Flatiron Transmission line already sits within the USFS designated Estes -Flatiron Utility Corridor. This Direct Route from the Estes Dam uses existing clear -cuts, avoids populated areas, view corridors along US Highway 36, and prevents the need to clear-cut undisturbed land. 1 1111111N1010liiiiiiii1u�l� 00ll ipuuM V II'lifuiuilluuuliliiiiiiil 1111111111111111111111111111111111 11001111111111111111111 � �uuuum°°IIIIII111111 uu�lVlll y I� uumiPuu ��IIIVIIM1O 1llllllilla uo ill �i ��i f e nqV ltll 1 ""' V161V 'Iw wx�M'u;IVIIIIII1I 1 mVVI �" Mmem10a WV aaar $ 6niM�4� ia 1Ir aaar rvp#r4 rMA4tyM ' :Alt [aVµgr 010.WoRpo )lull AM�4Mn 0.k9(7M R4NHNV aAkW ff$0410,1Yr m�Illp,a, ,'V91Il1llllid:111, 09'aa4amr saris°as asua.Wu0 „rep+ P u°iMuuill IIIIIIIIIIIIIIIIIIII�V 111111111111 11,111 a�o!ruuuuu You Can Make a Difference! Send your comments for the public record to EstesFlatironEA@wapa.gov, or ResponsibleLines.org/takeaction if you want your comments to reach a larger audience. Tell them to use the route they already have — the existing utility corridor. And contact your fellow Estes Park advocates (locally, nationally, internationally). Ask them to contact their elected officials. The environmental heritage of the Estes Valley belongs to all of us. 00, rr'' t ,,:..,:, MC 0. I:. r • „? 2 0. r q 41 .,.. r 4 5 555 5, 555550#11,055k, .55,55 ", • • a a 1555 1 bye 0 4. PARK N °el Est s Drive) R OF IEPT. of ENERGY PR P S P SE[) Ples410.fteggrige7ut., !!,1,-ra•PAcli Nena*..9.-42x. Wtszw. 1 6V14/06 CrigfCif! Re10, neenenen si Akik‘46- OC‘dESMOS• ' : -•.••••••, W.NERS P'SAL Estes Valley F"oyfor LJfe113H.) Olen en, e.fn „ e.nee ne nee „feneennn nennen;,,,ennenenen .45. 001,11Z4 ew,,t OtiOiltat ;PS LAMA tavvia nerSkienelte, Penenpalneg. DeDDenDele Done Venneennn VP0400 ' 0001.1%.11111.0001.1,11k , car nom 4oloya,f1,011; Cmousonvglindm 71T nne n,e,neneelenMe0 Cenennennef leen° ele neennee. nnneeenennee Mory....10 neseeene feeenzeneweet nneenenneet kee teeenennelnOne .gbed,uV ,;,ne e4r .1VJWWWImme..--'"". ,.44,1140.4,1011,4V0.° 1WIRWA? MAT,R01,6K,C.' re,,,ALPArAA neetnei,•PIZZOS,i4= es): preinFeeeinen:. ftneeeennr Peeneeinned q.';enner et en MeV WSW • Their proposal is t remove the original iine from -are —FaoThc' Nog , Drii1,6Do 4 direct route (the North ap 4 and to N ris re-44) .: „„ upgrade" the route &:,.,i'7541,FILTT--ar 2,,oeipted residential area. Aceortliari"g to 'a-Nestern:, thig-----stikocia ovii• 4 is the nrnost constructi le" route. Access Roads i he tgAto Ife.""s:icenti Rou r $ it' Corn. and the present equivalent en ao fti 117, PETITION As residents on or near Mall Road, Estes Park, CO, we strongly support the a . hed Dep. i ss ent of Energy propo , which would remove the exi •Is ssion lines from i's a. 's would eV te the po - tial health hazards with which we have contended since 1938 is m electromagnetic fields (E s), as well as vis pollution. Further, we are strongly opposed to the reco i endation from a nearby prop owners association 11 ; t would double our exis a three s ssion lines to six I 1 lines .We believe their objections to the proposal may relate p ui ly to their esthetic con s rather than. y s ous health concerns ( their exi g n 'ssion poles would increase by 30 feet). With our close pro *ty to the existing lines, doubling the expo to E I s would col ict with the stated W 'A policy to "reduce the public exposure to E s, particularly when the siting of the facilities ; y occur in populated. 91, Name Address Date Comments re. Resolution # .8 -11 From: Keith Pearson, 41 Alpine Drive, Estes Park, CO 80517 To: Estes Park Board of Trustees December 20, 2011 Comments to be included in the Public Record regarding "Resolution #18-11 to consider comments for the Estes -Flatiron Transmission Line Rebuild Project" The decisions that are made today cannot be undone. The towers will still be standing when our great- grandchildren visit Estes Park. And they will be asking, "Why did they allow these towers to be put here?" Protect arid Preserve theLandscape or the God of the Genal Pn .lic The most important consideration is the impact on the landscape of the Estes Valley. Visitors travel thousands of miles and spend millions of dollars traveling here to enjoy the scenery of the Estes Valley and Rocky Mountain National Park. Western is proposing to install a web of transmission lines and towers at the very location where visitors catch their first glimpses of the Continental Divide. The proposed 10-story towers are taller than any structure in the Estes Valley. In fact, they are taller than any tree in the Estes Valley. The town of Estes Park has grown into a landscape economy. It depends heavily on tourism from businesses such as hotels, B&B's, retreats, local shops, restaurants, guiding services, rental properties and real estate. Over three million people visit Rocky Mountain National Park every year and US Highway 36 is the gateway to the Estes Valley with some of the most spectacular scenic views in the nation. Any further industrialization of the Estes Valley or the scenic corridor of Highway 36 will significantly harm the livelihood of everyone who lives, works, and visits here. Businesses throughout the Estes Valley rely on the rural character, the majestic views, and the overall natural beauty of the area to thrive. The National Forest trailhead off US-36 is used by thousands of people per year for hiking, camping, horse -back riding, Jeep, ATV and motorcycle access. It is one of the most heavily enjoyed recreational areas in the Roosevelt National Forest; and it is a major attraction drawing outdoor enthusiasts to Estes Park. If WAPA were to construct industrial -scale towers and lines through the foreground of this high use National Forest trail head, it would result in significant harm to the overall experience of the area by its many visitors. The scenic integrity of this National Forest access must be preserved for us all, today and for future generations. Preserve Landscape Econo' el< y� ailQuality of Life for Everyone Western's proposed transmission route affects more than just people in the right of way. Meadowdale Hills got involved originally because Western's proposed route traverses our community. It quickly became apparent that the outcome of this project would have a significant, Tong -term impact on a local, regional, and national scale. We are business owners, employers, workers, teachers and students. This is where we all live, work, vacation, shop and play. Our goal is to work with people in the Estes Valley and beyond towards a solution that provides the best outcome for the larger public benefit, today and for future generations. Would you want this in your vacation pictures? (Artist rendition from WAPA's proposed route) e 13"stes -fr,om Industrialr�. Use, Existi�gutfiftyc""~� Or, We respectfullyrequest that the Trustees' resolution encourages Western toconstruct the Estes -Flatiron Transmission Rebuild in a manner that protects the landscape for the good of the public. The Estes -Flatiron Transmission line already sits within the USFS designated Estes -Flatiron Utility Corridor. This Direct Route from the Estes Dam uses existing clear -cuts avoids populated areas, view corridors along U3 Highway 36, and prevents the need to clear-cut undisturbed land. � _. i^''I . 1�< �._... .- �1`,111�JII111111111.1 -�_ = ,i =��IIII,^��oilho�^�� Send your comments for the public record to EAC@ma�ia.gov,or if you want your comments tmreach alarger audience. TeUthenntousethenoutetheyo|readxhave-the existing utility corridor. And contact your fellow Estes Park advocates (locally, nationally, internationally). Ask them tocontact their elected officials. The environmental heritage qfthe Estes Valley belongs toall ofus. 011111011. Taal LU 14na mann IcII 1 10091010,09r,,,,DI 1011301010111,14131031•„ 1••', ; 111,4 , ,111 1,75.41i : :70 X O. I. I 4:., r.g PZ ,• • v ' P ia )1 To: Estes Park Board of Trustees Thou Dear Trustees: ts on Please include in the public record esolution re. WAPA Power Line December 20, 2011 • eplacement Project Th. you for putting this resolution on your agenda. I have spoken with dozens of Town residents about this project. All those I have met with understand the need to upgrade our existing, aging infrastructure. However, they are very concerned about the route proposed for this project, and would like to make sure that other viable alternatives are seriously considered by WAPA. With this in mind, here are a couple of thoughts regarding the Town's resolution: 1. The resolution as drafted does a good job of stating our concerns, rather than opposition. The concerns are clearly worded and consistent with what I have been hearing. (These same concerns are already being emphasized by Ch. el 9 News and other Front Range media, and coverage of the issue will undoubtedly continue.) 2. I suggest adding a few words that ask DOE to seriously consider alternatives to the proposed route. Something like: "We believe there are viable alternatives to the proposed route that will eliminate the negative impact on our views and on our residents. We ask DOE to work with Estes Park and other concerned residents of this region to consider these alternatives. A final decision on the route should be made only after the costs, benefits, and overall economic impact of each alt ative is understood." This is an issue for the entire region- not just Estes Park. No one wants to enter this town through an unsightly utility corridor. I appreciate the Board's consideration of this issue, and I . convinced that we can work with WAPA and others in the region to develop a viable solution. Respectfully, Ron Norris 1905 Cherokee Drive Estes Park I have read information presented by the Meadow Hills Property Owners Association ( MHPOA ) regarding the Western Area Power Administration ( WAPA) plans to re- route and rebuild transmission lines carrying power generated in the Estes Valley to the southeast toward Lyons. The plan includes new, larger towers in two neighborhoods and clear cutting of a previously untouched forest adjacent to route 36. I believe the preservation and improvement of the Estes Valley mountain scenery must be a highest priority issue in our community. Residents live in Estes Park and tourists visit our town to enjoy unobstructed views of the mountains. With the construction of the electrical generating facility several decades ago the primary vehicle approaches into our community took on the appearance of an industrial zone with metal towers spoiling views of the high peaks of Rocky Mountain National Park and the lower rock formations including the Twin Owls. I know of no other Colorado mountain community that aspires to be an attractive destination resort while presenting such a hideous face to those arriving. WAPA's current plan promises to make a bad situation even worse. WAPA has chosen a public comment period that spans the two major, cold -season holidays; a time when many people are focused on other concerns. Many non-resident property owners are not present at this time of year and, thus, have no knowledge of WAPA's plans. Many full time residents were not aware of the minimal, printed notification of the plan carried by local newspapers. Unfortunately, such passively deceptive strategies are commonly employed by corporations and utilities in efforts to hide controversial projects from public view until it is too late to legally intervene. Implementation of the current WAPA plan will result in degradation of mountain scenery, loss of future tourist revenue and lowering of property values, particularly in neighborhoods along the proposed route. In the interest esthetics and economics, all public and private lines carrying electricity, water and fuel into and out of Estes Park should be placed underground or, where appropriate, at ground level using low visual - impact building techniques. I am told that such projects would cost hundreds of dollars per foot. Given what is at stake for current and future residents and business owners, that would be a bargain. Officials of the Town of Estes Park, residents and business owners must stand shoulder to shoulder to act on our commitment to protect and improve the scenic treasures of this beautiful valley. Experienced legal counsel should be carefully selected for the purpose of bringing the WAPA steamroller to a grinding halt by whatever means necessary. More time and thought must be devoted to developing a plan that continues to provide peak power to the electrical grid of the western U.S. while improving the quality of life and economic future of our town. The people of Estes Park have lived in the shadow of the WAPA electric generating facility for many years, asking for nothing, making no demands. In this defining moment we ask for something in return. This is worth fighting for. Chris Reveley Estes Park, Colorado The Board of Trustees is the steward of the economic development and environmental heritage of the Estes Valley. It is their job along with residents and business owners to protect the scenic treasures of this beautiful valley. I have examined the purposed plan by Western Area Power Administration (WAPA) to reroute and rebuild transmission lines. This plan includes new, larger towers in two neighborhoods and clear cutting of an untouched forest adjacent to route 36. This plan puts the preservation of the mountain scenery at great risk. The 3-million+ tourists that visit this valley and the ten -thousand+ residents that reside here are here to enjoy the unobstructed view of the mountains; they are not interested in having the view obstructed by huge power lines. We are already exposed to the decades old industrial zone as we cross the causeway into Estes Park; WAPA's current plan would make a bad situation worse. The WAPA plan will destroy mountain scenery; impact future tourist revenue and lower property values of all residents in Estes Valley, particularly those along the proposed route. The Board of Trustees, residents and business owners need to s d together to oppose this plan and commit to protecting and improving our environmental heritage. We should be looking at the feasibility of placing all utility lines underground or using existing utility corridors that lower impact. This is a defining moment, a time to step back and assess the direction that this valley wants to take. I strongly encourage the Board of Trustees to oppose the existing WAPA proposal and to look in different directions to improve and enhance the Estes Valley. Finley Estes Park, Co. Please include in the public record To: Estes Park Board of Trustees December 20, 2011 The view of the Front Range and the Town of Estes Park as one emerges from the trees on Highway US 36 is arrestingly beautiful! Evidence for this is reinforced by the countless visitors that stop along the highway to snap photos. The view is marred, however, by the huge industrial power lines that run across Lake Estes. The current Estes Flatiron transmission line rebuild project provides an incredible opportunity to improve the attractiveness of the entire valley I propose that the resolution before the Board be modified to urge the WAPA to remove the support structures for these lines across Lake Estes and up the slope on the Crocker ranch. I realize that removal of these structures is not within the scope of the current project but, I believe, the lines themselves are to be replaced with higher capacity lines. Burial of the new cables, or incorporation into ground level conduits, should be entirely possible with modem technology and equipment. I urge the WAPA to seek funding from additional sources, if necessary, to accomplish this task. Likely stake holders would include the Town of Estes Park, the Local Marketing District, Larimer County and the State of Colorado. In fact, I, for one, would be happy to see a small increase in my monthly electrical bill to help pay for this improvement. Now is the time to seize the initiative and take this opportunity to improve the magnificent vistas in the Estes Valley and return them to a more natural, less industrial state. Don Sellers 490 Prospector Ln Estes Park, CO 80517 December 20, 2011 To: Honorable Mayor Pinkham and Estes Park Board of Trustees From: Johanna Darden 501 MacGregor Avenue Estes Park, CO 80517 In re: Mission of the Town of Estes Park in re: WAPA issues Our Town "Mission" is to be "good stewards of public resources and our natural setting." Our natural setting will be negatively influenced if the electrical transmission towers are placed along Hwy 36. It will be more responsible to put these lines underground for health reasons and to keep the natural look and feel of our town and valley. We should not move forward with this project until it can be reviewed by the public and shown to us that a more reasonable approach cannot be taken. In an instance like this one, it is worth spending the extra dollars, if that is the case, to protect people from harmful health effects and from fire and wind damage to the power lines. Let us go underground with these transmission lines. Please enter this in the public record. original Message From; Town of Estes 9ark^[olorado [mallto:info@estesnet.coml Sent: Thursday, December 15, I011 11:27 AM To: info(@estesnet.cmm Subject: Town Web's Feedback Form ******************************************************************************* Name: Elaine Winslow PhysicaIAddress: 621 Pinewood Lane MailineAddress: same City: Estes Park State; CO zip: 80517 Phone: 577-0690 Email: Mtwindfall(@aol corn Remote Name: 184.99'210'77 Date: Thursday, December 15, 3011 Time: 11:27:28 AM Comment: PLEASE take note of WAPA"s proposed route for the Estes to Flatiron Power Line Rebuild. The proposed route will affect the Estes Valley view corridor dramaticallv. The alternate route is already designated a U5FS Utility corridor and would not impact the vast majority of residents and visitors. Please make your voice heard. Thank you. Department of Energy Weser Area Power Administration Rocky Mot intain. Customer Service Region P.0 Box 3700 Loveland. CO 80532-3003 Dear Interested Party: Western Area Power Administration (Western) invites your involvement in the Estes -Flatiron Rebuild Project in Larimer County. Colorado. Western is proposing to remove three existing transmission line segments as shown on the enclosed maps and replace them with a single 1.15- kilovolt (kV double -circuit transmission line using some of the land where the three lines are currently situated. Following the requirements in .the National 'Environmental Policy Act (NEPA), Western will prepare an environmental assessment (EA) on its proposal, which includes opportunities for you to provide comments. For this prokxt. Western would renovate .31.8 miles of three transmission. line segments frorn the city of Estes Park to Flatiron Reservoir in Larimer County, Colorado. The proposed action would increase system capacity for future public needs, improve access, replace old and deteriorating structures, and bring the facility up to current National Electrical Safety Codes (NESC). The renovation would reduce maintenance costs and eliminate about 16 miles of transmission line and rights -of -'way (ROW) by combining the three separate 1.15-kV transmission. line segments into a single ROW. The existing three lines are the Estes -Lyons (E-131, Estes -Pole Hill (E-PH).. and Flatiron -Pole Hill (F-PH) segments. These transmission line structures are 60 to 72 years olcL deteriorating, and need to be upgraded to current NESC. The rebuilt tran.smissionline would require widening and realigning one existing ROW, new galvanized -steel monopoles for the lines, and possible changes in a:cess points fir construction and other infrastructure. In addition to the double - circuit transniission lines on. these structures, two fiber-optic: communication lines would he added to the top of the structures. Photos of tb.e proposed structures arc enclosed. There are no proposed new substations, ot changes to existing substations at this time. Townships crossed bythe existing ROW include T5N, R.70W, TSN, R71W: and T5N, R72W in Larimer County, The Project would be constructed on private and public lands. A wehsite is available for you to obtain further information about the project at: httplivr,v2..wapa.govIsitesiwesterriltransmission/infrastruct/Pa es,Estes-Flatiron.aspx. Y ou may submit comuie:nts on the project by e-mail io EstesFlatitonEA@avapa,gov. Western wants to ensure that you have many opportunities to learn about the project and provide comments and concerns. During the environmental review„ Western will conduct public meetings in The town of Estes Park and city of Loveland, Colotado, Public meetings are tentatively scheduled for November 29 and 30, 2011. Please see the above wcbsite for more details, We look forward to your response. If you would like to meet with 'Western, have questions, or require additional. informadon„ please contact Mr. Tim Snowden ut the addresses below. Tim wden Enviconnumntal Specialist 'Western Area. Power Administration P.O. Box 3700 Loveland, CO 80539 970-461-7287 tsnowden(evapa.gov" Siucerz1y Gene Iley. 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