HomeMy WebLinkAboutPACKET Town Board 2012-03-27The Mission of the Town of Estes Park is to plan and provide reliable,
high-value services for our citizens, visitors, and employees. We take
great pride ensuring and enhancing the quality of life in our community
by being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, March 27, 2012
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
SWEARING IN OF SERGEANT SWALLOW.
GRADUATION CEREMONY: 2012 CITIZENS INFORMATION ACADEMY (CIA)
PARTICIPANTS. Mayor Pinkham, Public Information Officer Rusch and Interim Town
Administrator Richardson - Present Participation Certificates to the following class members:
Rebecca Bailey Bob Balint Kim Comstock
Judi Cunningham Shelley Davis Thomas Gootz
Jen Imber Lexi Jacobson Penny Keeler
Daniel Kirkpatrick Ray Nieder Susie Parker
Alice Reuman Sue Richert Pamela Seaver
Kathy Sherrod Pete Sumey Diana Van Der Ploeg
Pat Nelson
***PUBLIC RECEPTION will be held immediately following the ceremony (10 Minutes)***
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 13, 2012, Town Board Study Session Minutes
dated March 13, 2012 and Special Town Board Minutes dated March 5, 2012.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works Committee, March 8, 2012.
Prepared 3/18/12
*Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. Estes Valley Planning Commission Minutes dated February 21, 2012
(acknowledgement only).
2. LIQUOR ITEMS:
1. NEW TAVERN APPLICATION FILED BY HILLSIDE BURGER INC. DBA HILLSIDE
BURGER, 205 VIRGINIA DRIVE FOR A TAVERN LICENSE. Town Clerk
Williamson.
3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. REPORT ITEMS:
a. Amending the Estes Valley Development Code as it relates to Accessory
Dwelling Units. Public hearing scheduled for April 10, 2012.
4. ACTION ITEMS:
1. BOARD OF ADJUSTMENT APPOINTMENTS. Director Chilcott.
• Wayne Newsom, 3 year appointment, expiring, February 28, 2015.
• Jeff Moreau, 3 year appointment, expiring February, 28, 2015
2. CREATIVE SIGN DESIGN REVIEW BOARD APPOINTMENTS. Director Chilcott.
• Diane Muno, 3 year appointment, expiring March 1, 2015.
3. ESTES PARK HOUSING AUTHORITY BOARD APPOINTMENTS. Director Kurelja.
• Jack Dinsmoor, 5 year appointment, expiring April 11, 2017.
4. VOLUNTEER MANUAL. Director Kilsdonk.
5. VIRGINIA DRIVE, PARK LANE AND MACGREGOR AVENUE REHABILITATION
PROJECT CONSTRUCTION CONTRACT. Director Zurn.
6. WIRELESS SERVICE AGREEMENT FOR FAIRGROUNDS. Manager Winslow.
7. ONLINE SPECIAL EVENT TICKET SALES. Manager Winslow.
5. ADJOURN.
Town of Estes Park, Larimer County, Colorado, March 5, 2012
Minutes of a Special meeting of the Board of Trustees of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in
said Town of Estes Park on the 5th day of March, 2012. Meeting called
to order by Mayor Pinkham.
Present: William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Also Present: Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 2:34 p.m.
1. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Ericson/Blackhurst) for discussion of a personnel
matter; not involving any specific employees who have requested discussion
of the matter in open session; any member of the Town Board (or body); the
appointment of any person to fill an office of the Town Board (or body); or
personnel policies that do not require discussion of matters personal to
particular employees – Town Administrator Candidate Review under C.R.S. 24-
6-402(4)(f), and it passed unanimously.
Mayor Pinkham adjourned the meeting into Executive Session at 2:26 p.m. where
the Board entered into Executive Session.
Mayor Pinkham reconvened the meeting at 3:59 p.m. into regular session.
2. ACTION ITEMS:
1. INTERVIEW PROCESS FOR THE TOWN ADMINISTRATOR.
Gary Suiter/Mercer Group reviewed with the Board potential interview processes
including a public reception, community panel interviews, employee panel
interviews, tour of Town owned facilities, and Board interviews to be conducted
during a two day process on March 20th and March 21st. Board discussion
followed with a community interview panel to be chosen by Mayor Pro Tem
Levine and Trustee Koenig to include Special Districts, community interest
groups and three members of the public at-large with no more than 15 members;
and an employee panel representing each department from across all aspects of
the work force to be established by Clerk Williamson. Both panels would provide
feedback on each of the finalist for the Board to use during deliberations. The
Meet and Greet would provide the community the ability to meet the finalist and
provide feedback either with each Trustee individually or through comment cards.
Mr. Suiter stated one of the top finalists has a conflict and would not be able to
attend the interview with the Board on March 21st. After further discussion
Board of Trustees – March 5, 2012 – Page 2
amongst the Board, it was determined to interview the finalist the morning of
March 20th prior to the panel interviews.
The Board discussed if the Board interviews of the finalist should be held in
executive session or in open session and debated the formality, i.e. Board Room
with Board seated at dias, less formal below the dias, or smaller conference
room setting. Trustees Blackhurst, Elrod and Miller voiced the need for the
finalist to present themselves during a public setting and for transparency of the
process. Mr. Suiter stated a public interview may limit the openness of the
finalist. After further discussion, it was moved and seconded (Koenig/Levine)
to hold Town Administrator finalist Board interviews in Executive Session
in the Board Room, and it passed with Trustees Blackhurst, Elrod and Miller
voting “No” and Mayor Pinkham breaking the tie by voting “Yes”.
Attorney White stated the Board would need a two-thirds vote to enter Executive
Session on March 21st to conduct the interviews. Further discussion was heard
with Trustees Blackhurst and Miller asserting a successful finalist needs to be
able to present themselves in a public setting and reaffirming the need to have
the interviews conducted in public. Trustee Koenig stated the Board needs to
conduct open and frank interviews with the finalist which can only be
accomplished in Executive Session. After further discussion, it was moved and
seconded (Ericson/Miller) to hold the Town Administrator finalist Board
interviews in Open Session in the Board Room, and it passed with Trustees
Koenig and Levine voting “No”.
Mr. Suiter recommended he prepare a set of questions and interview instructions
for both panel interviews and the Board for review. Final interview booklets,
questionnaires and ranking criteria would be provided by Mr. Suiter. The Board
Room would be set up with an informal setting below the dias and all interviews
would be taped, televised and placed on the Town’s website for public access.
Finalist names would be released to the public once it has been determined each
would attend the interview process.
Whereupon Mayor Pinkham adjourned the meeting at 5:15 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, March 13, 2012
Minutes of a Study Session meeting of the TOWN BOARD of the Town
of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
Rooms 202/203 in said Town of Estes Park on the 13th day of March,
2012.
Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees
Blackhurst, Elrod, Ericson, Koenig and Miller
Attending: All
Also Attending: Interim Town Administrator Richardson, Town Attorney
White and Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
2012 CAPITAL ASSET MANAGEMENT PLAN (CAMP).
Interim Town Administrator Richardson stated the CAMP has been broken into two
parts, 2012 CAMP items and a 5 year plan. The purpose of the meeting is to discuss
those items approved for the 2012 budget, recommend changes to approved projects,
and the addition of projects not known (including unfunded mandates) during the
preparation and approval of the 2012 budget. Discussion would include the review of
funds available to complete projects, changes to strategies, and the potential of
additional revenue sources.
Trustee Blackhurst discussed the issue of using a depreciated model when assessing
the need to fund improvement projects, stating the model does not always make
financial sense for government. He questioned how fully depreciated items fit into the
model. Trustee Miller agreed.
STALL BARN
The item was approved during the 2012 budget to replace 100 stall barns in the
northwest corner of the property just north of the new transportation hub. The project
would reduce the Town’s liability with housing horses in 50 year old stall barns. An RFP
for a metal building has been developed with add-alts including items such as heat and
insulation to allow the building to be used for more than agricultural purposes. Staff has
estimated the project would increase by $300,000 to upgrade sewer and water lines for
the addition of restroom facilities if the building were to be used for human activities.
The design-build RFP requires the consultant to work with the Board on programming
and master planning for the specific quadrant of the property.
Board comments are summarized: Trustee Miller questionrf when the Board would
review the RFP to addresses issues such as staff space, location and other uses
because the Town may be missing an opportunity to build a public facility; Trustee
Blackhurst and Mayor Pro Tem stated the intent during the budget process was to build
new stall barns for $600,000 and not a building for public use; Trustee Koenig
commented the barns could be insulated now with the intent to build restrooms in the
future during a second phase. After further discussion, it was agreed the building
should include insulation and heat in order to expand the use of the building in the
future.
ELM ROAD
The Town was contacted by Waste Management when it was noticed discolored runoff
from the transfer station site on Elm Road. Walsh Environmental Consultants were hired
Town Board Study Session – March 13, 2012 – Page 2
to test the runoff and determined the discharge exceeds limits in a few areas such as
iron and salts, and is consistent with runoff from a landfill. Water quality ponds and
associated storm drainage improvements are needed to control quality, volume, runoff
and sediment entering the Big Thompson River. The Town has received a mandated
request from the State to submit a drainage plan specific to mitigating current ground
water issues created by the landfill and remove storm drainage from the site. The Fire
District’s training facility on the site would need to be addressed because the liquids
used during training exacerbate the issues. Staff estimates $112,000 in 2012 to
address planning and design engineering for the site with approximately $886,000 for
implementation. The funds needed to address the issue could increase due to the
number of unknown issues with the area. The project would be a 12 to 18 month
process. Trustee Blackhurst questioned if the Town has a Brownfield issue. Attorney
White stated the site does not meet the requirements or definition of a Brownfield.
VISITOR CENTER
The log beams at the visitor center have begun to split causing concern. Staff
recommends the cracks be repaired at an estimated cost of $50,000. It was stated that
splitting timbers are commonly seen in log homes and questioned if it was a real
concern. Director Zurn stated the cracking of the beams should be reviewed.
PARKING GARAGE
The Town was awarded the Paul Sarbanes Federal Lands Management grant of $3
million to build a parking garage at the Visitor Center over the current parking lot for
approximately 300 total spaces. The official grant award has not been submitted to the
Town for final approval by the Town Board including the approximately $700,000 in
matching funds. Staff continues to work with CDOT to identify an additional $900,000 in
grant funds for the project, and to date an additional $228,000 has been awarded to the
Town that could be used to offset design fees. Staff expects to spend $40,000 to
$50,000 in design costs in 2012 with the possibility of additional grant funds as the
project becomes shovel ready. Director Zurn stated the grant funds awarded the Town
are the largest awarded a municipality and turning the grant down would not be
received well by the entities supporting the Town’s transportation improvement efforts.
Town Board comments are summarized: Trustee Koenig stated concern with placing a
parking garage over an existing parking lot thereby not realizing 300 new parking
spaces because of a loss of 100 existing spaces, and stated the Town never agreed to
build a parking garage; Trustee Blackhurst commented the Town Board agreed to
commit $900,000 if the grant funds were awarded for the project; Trustee Ericson
echoed the Board did not agree to build the garage and the 2012 budget did not commit
funds for the potential project; Mayor Pro Tem Levine stated his understanding of the
original vote on the approval to submit a grant application was for approval of the
project, therefore, he voted “no” on the issue; Mayor Pinkham requested the documents
and schedule for the project be sent to the Board when available; Trustee Blackhurst
stated as a vocal proponent against parking structures, he supports the grant as it
provides the Town a mechanism for building a structure at a fourth of the cost and the
location is appropriate; and Trustee Koenig requested further discussion by the Board
and a review of the minutes for the project.
KIOWA RIDGE
The property owner of two parcels, one 7.96 acres of open space used by MacGregor
Ranch for feed and a .17 acre parcel containing a Town water storage tank, has offered
to sell both parcels to the Town for $50,000, $10,000 (Open Space Fund) and $40,000
(Water department) respectively. The Water department has stated it would be
advantageous to own the property in which the tank resides in order to place security
around it. The larger parcel is included in the trails master plan and has been identified
as part of the wildlife corridor and natural wetland area. CDOT would likely work with
the Town to develop the area as a wildlife viewing area. The Kiowa HOA has reviewed
the proposal and does not have concerns with the Town owning the parcels and
dedicating the larger parcel as a conservation easement. The property owner owns an
Town Board Study Session – March 13, 2012 – Page 3
additional vacant lot within town limits with 130 fixture units, which he would like to sell
120 to the Water department at a cost of $50,000 ($170,000 value) and maintain 10
units on the property for future development. Staff stated there are advantages to
owning wetland property with regard to water quality management.
Board discussion is summarized: Trustee Blackhurst agreed the Town should purchase
the smaller parcel containing the water tank, and questions purchasing land already
dedicated as open space; Trustee Elrod stated concern with purchasing additional
Town owned land when the $800 million in property owned by the Town has not been
reviewed and a plan developed for the properties; Trustee Elrod stated the Town should
own the water tank property; however, it would be premature to add additional property
at this time; Mayor Pinkham and Trustee Miller commented the purchase of open space
addresses a community concern voiced in the recent community survey at a very low
cost; and allow MacGregor Ranch to use the property through a conservation
agreement. After further discussion the Board agreed to continue discussions with the
property owner, investigate how the property fits into the trails master plan, and possibly
bring forward the smaller parcel to the Board as an action item.
ROCK SIDE/HIX CABIN
The Town was approached by the Frank and Alma Hix to move the 1899 F.O. Stanley
cabin from 475 W. Wonderview Avenue to the Museum property. The building would be
preserved and outfitted for exhibits. Discussion followed on the need to have funds
raised by the Friends of the Museum; additional detail needed on the cost of moving the
building; this project should be discussed with the master plan for the Museum and
Senior Center sites; the project and master plan should be discussed during the 2013
budget and should not be added to 2012.
There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, March 13, 2012
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in
said Town of Estes Park on the 13th day of March, 2012. Meeting called
to order by Mayor Pinkham.
Present: William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Also Present: Greg White, Town Attorney
Lowell Richardson, Assistant Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENTS
Charley Dickey/Town citizen invited the Board and the community to the next Business
After Hours meeting sponsored by Estes Valley Partners of Commerce on March 22,
2012 starting at 4:30 p.m. at the Estes Park Resort.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Miller reminded the community to complete nominations for the Pride Awards
during the month of March.
Trustee Elrod stated the Planning Commission meeting would move from March 20th to
March 22nd due to the Town Administrator interview process. The Planning
Commission would continue to review Accessory Dwelling Units.
Trustee Blackhurst invited the public to attend the Estes Park Housing Authority
meeting on March 14th at 8:30a.m. in Room 203.
Mayor Pinkham commented he and members of Elkhorn Project Inc. presented the
project to the Office of Economic Development and it was well received. The Town
should be notified on May 18th if it has been award one of the grants.
TOWN ADMINISTRATOR REPORT.
Interim Town Administrator had not report. Town Clerk Williamson provided an updated
on both the April 3rd Municipal Election and the Town Administrator process to be
conducted on March 20th (community panel interview, employee panel interview, and
the meet and greet) and March 21st (Town Board interviews).
1. CONSENT AGENDA:
1. Town Board Minutes dated February 28, 2012 and Town Board Study
Session Minutes dated February 28, 2012.
2. Bills.
3. Committee Minutes:
Board of Trustees – March 13, 2012 – Page 2
a. Community Development/Community Services Committee, February 23,
2012.
4. Estes Park Tree Board Minutes dated January 20, 2012.
It was moved and seconded (Levine/Miller) to approve the Consent Agenda, and it
passed unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP – FROM TWIN OWLS STEAKHOUSE, INC.
DBA TWIN OWLS STEAKHOUSE TO TWIN OWLS INC. DBA TWIN OWLS
STEAKHOUSE, 800 MACGREGOR AVENUE.
Town Clerk Williamson presented the application stating all required paperwork
and fees had been submitted and a temporary license was issued. Thad
Eagan/co-owner was present to answer questions. Mayor Pro Tem Levine
encouraged anyone selling alcohol complete the training because the Town
takes the selling of alcohol to minors very seriously. It was moved and
seconded (Blackhurst/Elrod) to approve the Transfer Application filed by
Twin Owls Inc., dba Twin Owls Steakhouse for a Hotel and Restaurant
liquor license at 800 MacGregor Avenue, and it passed unanimously.
3. ACTION ITEMS:
1. LARIMER COUNTY ON-LINE PERMITTING INTERGOVERNMENTAL
AGREEMENT (IGA). Manager Winslow stated the Town has been working on
developing an online permitting process with Larimer County since 2011. The
IGA would allow Town staff access to the site hosted by the County. The new
process would allow applications the capability to contact all staff involved in
approving the event permit and allow the applicants the ability to select all
needed resources. There would be an annual hosting fee of $120. It was
moved and seconded (Blackhurst/Koenig) to approve the
Intergovernmental Agreement with Larimer County for on-line permitting,
and it passed unanimously.
2. RESOLUTION # 04-12 SURPRISE SIDEWALK SALE.
Manager Winslow stated the spring Sidewalk sale would be held on May 5 and
6, 2012 to all Estes Park businesses. Businesses not located in the downtown
corridor would be located in Lot 2, Children’s Lot, if Bond Park is under
construction. The Resolution allows outdoor sales to be conducted which are
prohibited in the CD - Commercial Downtown zoning district. Staff also
recommends allowing sandwich boards on this weekend as long as they do not
encroach on the required four-foot clearance. Staff would educate the
businesses on the regulations for the sale as outlined in the Resolution. It was
moved and seconded (Miller/Levine) approve Resolution #04-12, and it
passed unanimously.
3. 2012 SHUTTLE CONTRACT WITH MCDONALD TRANSIT AND SHUTTLE
ROUTES.
Director Kilsdonnk thanked the efforts of the shuttle committee. The committee
was formed to improve the free shuttle system. There were three goals to
increase ridership ….29:00.
Proposed shuttle schedule – Special June weekends are being added due to
the Ride the Rocky event from June 14th and many of them will stay in Estes
Park and their families. Mayor Pinkham would host the shuttle for $3,000 on
the Red, Blue and Silver Routes.
Board of Trustees – March 13, 2012 – Page 3
June 22-24 to promote the Scandinavian event with the full daily schedule to
begin on Fridya June 29th with Red, Blue and Silver routes to begin 1 hour
ealier than 2011 with a timeframe of 9:00 – 10 p.m. to encourage the
employees working downtown to utilize the shuttle. Browon – 8-9
Full daily schedule to end Sunday Sept. 9th. Special fall weekend – Silver
service to downtown during Scotsfest, and others see slide.
Summary of schedule changes – start on Friday and not Saturday, earlier start,
two additional weekend, red and blue route would not be combined.
Increase in service days form 68 – 88 days of service and hours.
She reviewed the route changes. The red route is reversed from 2011 and
starts at VC and makes 5 stops downtown and goes down 34 and turnsaround
and goes back to the VC.
Blue route – VC down 34 east
Brown route – VC down 7
Silver route – see the slide this will be to pickup the affordable housing in the
area.
Map and the shuttle stop symbols to use the maps more user friendly. The
words free shuttle will be color coded to match the routes. The numbers can be
moved if there are changes in the future and reduce costs.
Committee recommendations – look at memo.
How do we deal with stops on private property and it was determined there
should be a policy and an agreement with the property owner.
The group would like to continue to meet during the season
Look at alternative funding sources.
Miller would like the Town to look at changes of the sign code to allow
advertising on benches to provide benches.
44:00 – posters – partnership
Contract – RMNP extend the contract for an additional year and the Town has
extended its contract with but with the additional service during 2012 a new
contract is being presented for 2012.
8106 dollar increase to complete the schedules presented. Community
Services funds and 46:00
Recommendation is 2012 contract 261,000 and the schedules presented.
Lindsay Lamson/Town citizen he participated and stated that there was a good
group that was diverse representation. It was viewed as a community service
and not a visitor service.
Charley Dickey/Town citizen he raised support for it and this is one of the top
issues for the TVC.
Blackhurst – the evaluation process in place for us to have good data as we
move forward during the budget process.
Board of Trustees – March 13, 2012 – Page 4
It was moved and seconded (Koenig/Blackhurst) to approve the 2012
contract and the schedule for 2012, and it passed unanimously.
4. REAL TIME PASSENGER INFORMATION SYSTEM (RTPIS) CONTRACT –
SHUTTLE SYSTEM. Director Zurn stated the IGA for the grant funding
through the Federal Highway Administration for the construction of the Transit
Hub Parking Lot included language for the purchase and implementation of
Intelligent Transportation Systems (ITS) equipment and software to better
serve public transportation users. Murray McBride provide an outline of the
Real Time Passenger Information System (RTPIS) that provides estimated time
of arrival at stops; increased ridership by increasing passenger satisfaction and
trust in the system as a result of more accurate reporting; and provides
increased awareness of the Estes Park and RMNP shuttle service through
display monitors at the Visitor Center and the Park and Ride bus shelter,
through the “Estes Park Transit” web site showing real-time bus locations and
schedules, and through electronic portable devices allowing passengers to
track bus locations. This would allow both visitors and residents to plan trips
commuting in and around Estes Park and encourage the use of public
transportation thereby reducing vehicle congestion downtown. Proposals were
received by two vendors and evaluated with input from the project team, RMNP
and CDOT with Connexionz chosen as the preferred vendor based on the most
accurate, reliable and cost effective RTPIS for Estes Park and the Park.
Discussion was summarized: the capability of moving the units from one bus to
another in the even there are mechanical failures; it was recommended the
Town purchase additional GPS units and cellular modem since the Town would
be well under the remaining grant funds; questioned if IT and the LMD have
been involved in the process; IT has been involved and Verizon service would
provide the most cost effective service at $20/month per bus; it was suggested
the warranty for the units be extended beyond the 12 months since the units
will only be used for 4 to 5 months during the initial 12 month period; questions
arose on the purchasing too many spare parts that may not work if the system
is upgraded in the future, making the spare parts obsolete; and it was
suggested to purchase sufficient backup units to cover 5 years of service.
After further discussion, it was moved and seconded (Blackhurst/Levine) to
approve the contract with Connexionz Ltd. purchase and deploy a Real
Time Passenger information System (RTPIS) with the purchase of
additional modems and antennas beyond those in the original contract at
a cost not to exceed $90,000 with the Town reimbursed 82.8% of the cost
through the FASTER grant , and it passes unanimously.
5. ORDINANCE # 03-12 AMEND MUNICIPAL CODE SECTION 2.20 MAYOR
AND TRUSTEES COMPENSATION.
Trustee Miller recused himself as a candidate, Koenig recused herself and
Ericson and Pinkham
Mayor Pro Tem Levine opened the public hearing – took over the meeting for
the Mayor who recused himself from the discussion and vote.
Lowell reviewed memo. Comparison to look at budgets of the 13 comparison
commuhities, the fully time employees and the primary economic drivers such
as property tax versus sales tax etc. Mayor ranks 14 of 14, Trustees ranked 11
of 14, and Mayor Pro Tem was 9 out of 14. Data was from the CML data. Staff
recommends $7,500, Mayor Pro Tem $6,500 and Trustee $5,500.
Attorney White – the ordinance includes language on when a salary increase
for the board would take place during the budget process for even years. He
stated not currently seated board member can increase their
Board of Trustees – March 13, 2012 – Page 5
Blackhurst – there has been no policy on when to discuss compensation for the
Town Board and this places it as part of the routine process of budgeting.
Trustee Elrod – he would agree that there is a process put in place. He stated
what does it cover – mileage, time spending in preparation, space in the homes
for office, utilities, printer, telephone, etc. Anyone that is running for this
position should run completely as a volunteer and a raise in compensation is
overdue. When we look at the compensation is the differentiating the position
of Mayor Pro Tem – he stated historically it has been recognizing two classes
Mayor and Trustee prior to 2008. In 2008, the Mayor Pro Tem was carved out
and he stated the Mayor Pro Tem is not an elected position, it is an appointed
position by the Board. He stated the CRS references only the Mayor and the
Trustee compensation would be affixed by Ordinance and has no mention of
Mayor Pro Tem. He stated the state statue addresses the emoluments for the
mayor and trustees and does not mention the Mayor Pro Tem. He believes it is
improper to single out the Mayor Pro Tem for compensation. He stated there
are not many municipalities that recognize the Mayor Pro Tem with a separate
salary. He would propose modifying the ordinance to remove the references to
the Mayor Pro Tem.
He makes a motion to raise the Trustee salary to 6,000 a year – motion dies for
a lack of a second.
Levine – because it is not addressed in the state statute that we can not single
out the Mayor Pro Tem. White stated no and that you can take a more liberal
reading of the state statute and it can be interrupted in both ways.
Levine stated 15 to 20% more time is spent as Mayor Pro Tem and he would
support the original motion.
Lindsay Lamson/Town citizen – given the small salaries it limits those that can
serve on the Board to those that are retired, independently wealthy or those
that are willing to sacrifice their careers and families. He would encourage the
Board to review it and increase it whenever possible.
Lynette Lott/County citizen she stated support for the increase. We can not
compensate you enough and thanked the board for their work.
Elizabeth Fogerty/County citizen she also stated support for the increase. We
think the Town board deserves compensation that is comparable to other
communities.
Blackhurst – we are hired to do what we do by being elected by the voters.
That is why we spend the time and why we serve.
Steve Barlow/Town citizen this minimal raise he would support it.
Attorney White read Ordinance #03-12 into the record. After further discussion,
it was moved and seconded (Blackhurst/Elrod) approve Ordinance #03-12,
and it passed with Mayor Pinkham and Trustees Ericson, Koenig and Miller
recusing themselves.
4. STAFF REPORT AND DISCUSSION ITEMS:
1. ANNUAL REPORT FOR ROCKY MOUNTAIN PARK INN SERVICE
AGREEMENTS. Manager Pickering reviewed memo.
How are we tracking compared to past year – Blackhurst. Pick stated that
there were decreases in the last couple of years and we are seeing an increase
this year.
Board of Trustees – March 13, 2012 – Page 6
Koenig – is there a period of time that they need to brand the new hotel name.
Pickering – the company felt they could comet and they knew they were going
to lose some business and they are working on it.
Elrod -
Whereupon Mayor Pinkham adjourned the meeting at 9:25 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, March 8, 2012
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 March, 2012.
Committee: Chair Blackhurst, Trustees Ericson and Koenig
Attending: Chair Blackhurst, Trustees Ericson and Koenig
Also Attending: Finance Officer McFarland, Chief Kufeld, Dir. Bergsten,
Utilities Superintendent Fraundorf, Public Works Civil
Engineer Kevin Ash, Town Clerk Williamson, and Deputy
Town Clerk Deats
Absent: Interim Town Administrator Richardson and Dir. Zurn
-
Chair Blackhurst called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None
PUBLIC SAFETY.
Trustee Koenig congratulated Police Department Employee of the Year Noel Bryan;
Officer of the Year Andrew Hart; Civilian Employee of the Year Jan Carpenter;
Community-Oriented Police Officer of the Year Gregg Filsinger, Sr.; Restorative Justice
Volunteer of the Year Carol Mauck; and Auxiliary Volunteer of the Year Mike Wold. The
awards were presented at the Police Department’s annual banquet.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Estes Park Municipal Court Annual Report. Judge Brown provided the Committee
with a summary of Municipal Court activity during 2011 related to number of cases
and associated revenues. He noted that during the past year, cases related to
zoning and code violations were added to the docket and brought forward by the
code compliance officers. He reported the court documents have been translated
into Spanish to accommodate defendants who speak limited English; and said that
approximately 10% of the court’s cases are referred to the Restorative Justice
program.
UTILITIES.
WATER CONSERVATION PLAN.
Per a request from Dir. Bergsten, the Water Conservation Plan was removed from the
agenda.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. GIS Consultant RFP. Dir. Bergsten reported that a Request for Proposal (RFP) has
been prepared for a GIS consultant to assist the department staff with moving
forward in addressing the growing needs of the utility department. The consultant
scope of services include, but are not limited to: an assessment of current and
future GIS needs; identification of opportunities to consolidate services with Larimer
County; creation of interactive maps; enhancement of GIS data and data structures
to support water system modeling and simulation, and electric distribution system
modeling and simulation; creation of appropriate user guides and training manuals;
Public Safety/Utilities/Public Works Committee – March 8, 2012 – Page 2
and training of both GIS and non-GIS staff. $80,000 is earmarked in the 2012
budget for this use. Dir. Bergsten said proposals will be brought before the Board at
the March 27, 2012, Town Board meeting. Chair Blackhurst took issue with the
categorization of monies earmarked for the consultant, noting that the funds are
coming from an equipment line item. Finance McFarland said he would work with
Dir. Bergsten to clarify the categorization of the expenditure.
2. Project Manager for Financial Software Implementation RFP. In early 2011, the
Town Board approved moving forward with upgrading the Town’s financial system,
thereby increasing productivity and work efficiency in many areas including payroll,
budget preparation, and permit processing. Following a review of the project by
Utilities Supt. Fraundorf, it was determined that a dedicated, experienced Project
Manager is required to: lead the project; develop a detailed project plan; lead efforts
to document current and proposed business processes; document and resolve data
issues; lead change management activities; plan and direct system configuration;
plan training exercises; and direct all other implementation tasks. Supt. Fraundorf
said the Town staff cannot provide the exclusive focus necessary to move forward
with this project, and estimated the cost of retaining a qualified project manager to
be $45,000 to $85,000 in 2012. Dir. Bergsten proposed utilizing 10% of the 2012
funds budgeted for the Utilities GIS Project and data processing equipment within
the Light and Power Division and Water Division budgets, with the remaining 80% of
the unbudgeted expenditure coming from the IT Division’s fund balance. Supt.
Fraundorf noted that, currently, no departments are operating with the Sungard
system, and said that the cost would be astronomical to make a change at this time
from Sungard to a different product. He stressed that commitment is important for
the success of the project and said a kickoff meeting is scheduled for staff. The
Committee requested bringing this topic forward at a Town Board Study Session in
April and expressed concern about additional fees that may be incurred related to
programming, the cost of a project manager continuing into 2013, and the impact to
IT capital projects if IT monies are used as a source of funding for the consultant.
They requested the Board be provided with complete information including contract
obligations and asked that staff be prepared to answer questions related to the
financial impact to IT capital projects.
PUBLIC WORKS.
STRUCTURAL ENGINEER FOR ELEVATOR UPGRADE.
The Larimer County Election Office has been utilizing the upstairs meeting rooms in
Town Hall as a polling location. Due to changes in election law related to accessibility,
in particular the Help America Vote Act (HAVA), the state has been inspecting polling
locations for accessibility for individuals with disabilities. The Town Hall location has
been identified as a location that does not meet the minimum requirements of the act.
Additional handicap parking stalls have already been added, but automatic door
openers and upgrades to the elevator still need to be addressed to meet Americans with
Disabilities Act (ADA) requirements. Grant funding through the state’s Election
Assistance for Individuals with Disabilities is available to aid in bringing the building into
compliance. Staff has been asked by the county and the state to obtain a quote for the
installation of automatic door openers, which will be fully reimbursable, and upgrades to
the elevator may also qualify for grant funds. Staff has reviewed the current elevator
location and determined the services of a structural engineer are required to decide if
the elevator shaft can be expanded without compromising the integrity of the building.
Clerk Williamson said that the county may need to research alternate polling locations if
the building is not brought into compliance. Staff estimates the cost of hiring an
engineer to be $3000 to $5000, and proposes using building account #101-1700-417-
25-02 for this unbudgeted expenditure for 2012. Additional costs would be incurred if
upgrades to the elevator move forward and would become part of the budgeting
process for 2013. The Committee recommends moving forward with hiring a
structural engineer for the purpose of evaluating the current elevator.
Public Safety/Utilities/Public Works Committee – March 8, 2012 – Page 3
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Virginia Rehabilitation and Steamer Drive Design Update. Eng. Ash and Rick
Pickard from the Farnsworth Group provided the Committee with an update on the
project noting that the design has been completed and that the project is currently
being advertised for bid; a bid opening is scheduled for March 19, 2012; timelines for
the project can more accurately be addressed once a contractor has been selected;
the downtown portions of the project are expected to be completed by Memorial Day
weekend, weather permitting; and pedestrian access to businesses will be
maintained throughout the project. Mr. Pickard presented photographs illustrating
the designed improvements.
There being no further business, Chair Blackhurst adjourned the meeting at 9:45 a.m.
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
February 21, 2012 - 1:30 p.m.
Board Room, Estes Park Town Hall
Commission: Chair Doug Klink, Commissioners Ron Norris, Alan Fraundorf, John
Tucker, Betty Hull, Rex Poggenpohl, Joe Wise
Attending: Chair Klink, Commissioners Norris, Fraundorf, Tucker, Hull, Poggenpohl,
and Wise
Also Attending: Director Chilcott, Town Board Liaison Elrod, Town Attorney White, and
Recording Secretary Thompson
Absent: None
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
Chair Klink called the meeting to order at 1:30 p.m. Chair Klink stated this was
Commissioner Fraundorf’s last meeting and expressed his appreciation for his service. There
were nine people in attendance. Public Works Director Scott Zurn’s report has been
postponed until a later date.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
A. Approval of minutes, January 17, 2012 Planning Commission Meeting.
B. Amended Condominium Map, Riverspointe Downtown Condominiums, Unit 2B, 111
Wiest Drive. Request to divide Unit 2B into three units as originally condominiumized.
It was moved and seconded (Fraundorf/Hull) to approve the consent agenda as
presented, and the motion passed unanimously.
3. AMENDED PLAT, LOTS 15 & 16 AND VACATED STREET ADJACENT TO SAID
LOTS, GRAND ESTATES ADDITION
Director Chilcott reviewed the staff report. The applicants, Wallace and Laurine Burke,
have requested to adjust the property line between Lots 15 and 16. Both lots are zoned
A–Accommodations. The request would make Lot 16 (highway frontage) larger and Lot 15
(side street frontage) smaller. Lot 15 fronts Lake Front Street, and is developed with a
single-family dwelling with an access agreement to access through the Best Western
property. The purpose of this amended plat is to transfer density from Lot 15 to Lot 16 to
allow for a small addition to the motel. Staff recommends adding a plat note indicating the
purpose. The building addition is subject to a staff-level development plan review (DP
2011-01), currently under review, with a decision date no later than March 6, 2012.
The development proposal is to renovate four existing units and add eight new units in the
northeast portion of the main building. The development will also include a lower level
meeting space. The development plan complies with the Estes Valley Development Code
(EVDC).
While somewhat irregular, the shapes of the lots comply with dimension and configuration
standards in Section 10.4 of the EVDC. The request was submitted to all applicable
reviewing agency staff. Town Attorney White had three comments, which were addressed
and corrected prior to final review by the Planning Commission. Colorado Department of
Transportation reviewed and agreed with the Traffic Impact Analysis. The development
does not require highway improvements. Public Works commented on drainage
easements between the two lots, and due to lack of a drainage report, requested a
discussion about site run-off with the engineer. The proposed addition will add less than
1% to the existing impermeable area.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
February 21, 2012
Staff found the amended plat would not be materially detrimental to the public welfare,
injurious to other property in the neighborhood, or in conflict with the purposes and
objectives of this Code. Staff recommended approval with conditions.
PUBLIC COMMENT
Amy Plummer/applicant representative stated the applicants were willing to comply with
the conditions of approval. Staff requested the area being transferred from Lot 15 to Lot
16 be noted on the plat as non-buildable. Because this area contains an existing building,
Ms. Plummer asked for clarification concerning the plat note. Another plat note will
indicate no commercial access from Lake Front Street except for utility maintenance. Ms.
Plummer stated a memo about the drainage has been provided to Public Works Engineer
Kevin Ash as requested. She stated Mr. Ash agreed the drainage area was adequate.
Director Chilcott clarified the plat note about a portion of Lot 16 being non-buildable was
due to the unusual configuration of the lot and the desire to the keep the main
development on the largest portion of the lot and away from the residential area.
Commissioner Hull complimented the Burke’s on the curb appeal of the motel.
Public comment closed.
STAFF AND COMMISSION DISCUSSION
Commissioner Poggenpohl stated he had a philosophical issue with moving lot lines to
make densities work. He understood the development code did not have a way to deal
with that issue. Director Chilcott stated the existing parking area would be adequate with
the addition of the new units. She assured the Commission the applicants would be
required to comply with the EVDC, e.g. landscaping, etc.
It was moved and seconded (Norris/Poggenpohl) to recommend approval to the Estes
Park Town Board for the proposed amended plat with the findings and conditions
recommended by staff and the motion passed unanimously.
CONDITIONS
1. Prior to submittal of plat mylars, a revised drainage memorandum shall be
approved by the Public Works Department. This memo must account for off-site
flow and ensure the proposed drainage easements on Lot 15A are sized
correctly.
2. The plat shall be amended as follows:
a. The area transferred from Lot 15 to Lot 16 shall be designated as non-
buildable.
b. Include a note stating the purpose of this plat is to transfer density from Lot
15 to Lot 16 to allow for a small addition to the motel.
c. Include a note stating Lot 16A shall not be allowed to have commercial traffic
access from Lake Front Street.
d. Address any necessary changes to the drainage easements, as may be
needed following approval of the stormwater report.
4. ESTES PARK HOUSING AUTHORITY PRESENTATION
Rita Kurelja, Housing Authority Director, stated the presentation was the result of a
strategic planning session held in 2010. The overwhelming consensus was one of
education; the community at large as well as leaders need to know how vital affordable
housing is to the community. She reviewed the reasons affordable housing is needed and
how affordable housing affects families, the local economy, and the community as a
whole. She presented several statistics for the Estes Valley, including but not limited to
income, wages, housing costs, etc. Ms. Kurelja reviewed the effects on the community
from high housing costs in the Estes Valley, and encouraged wage-appropriate housing.
Ms. Kurelja stated there are many benefits to the community when affordable housing is
provided, including but not limited to increases in the following areas: sales tax revenue,
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 3
February 21, 2012
school enrollment, job availability, etc. She stated there are no substantial statistics
showing negative impacts on property values in areas with affordable housing.
Ms. Kurelja offered several solutions and options to make affordable housing a reality:
density bonuses, fee waivers, accessory dwelling unit rentals, community land trusts,
sales tax increment financing, inclusionary zoning, etc. She reiterated that high land cost
is one of the main issues facing affordable housing In the Estes Valley. Another obstacle
is the seasonality of the tourist industry.
Ms. Kurelja reviewed current projects and programs, stating all affordable units at Vista
Ridge have been sold. She estimated the Housing Authority has a vacancy rate of about
three percent.
Discussion occurred between the Planning Commissioners and Ms. Kurelja. Comments
or questions included: governmental versus private affordable housing developments,
incentives to property owners to provide affordable housing, rentals of accessory dwelling
units for seasonal employees, educating the community, flexibility for developers offering
affordable housing, fee waivers, etc.
5. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE CONCERNING
ACCESSORY DWELLING UNITS (ADU).
Director Chilcott reviewed the recommendations recently obtained from the Town Board
Study Session. Those recommendations will be considered when drafting proposed code
language. There were some areas of consensus among Town Trustees and Planning
Commissioners, and other areas where no consensus was reached. Chair Klink stated in
general, the meeting was excellent with a lot of information provided. Rentals remain an
area of contention between the Board and the Commission.
Director Chilcott reviewed the history of Planning Commission recommendations to Town
Board. Currently, ADUs are allowed on approximately 30% of all lots in the Estes Valley.
Over the past year, the Planning Commission has been working on additional
recommendations, including limiting the size of an ADU. There was Commission
consensus to remove a portion of the statement “1000 square feet or….whichever is less”,
leaving the Planning Commission recommendation to read “49% of the principal dwelling
size.” The Commission agreed to remove the note on the long-term rental
recommendation concerning live-in caregivers, stating the inability to determine who is
and who is not a renter. Staff and the Commissioners engaged in a lengthy discussion
about long-term rentals.
Director Chilcott stated that detached ADUs are not currently allowed in the EVDC. The
EVDC states only one single-family dwelling can be built per lot, regardless of the lot size.
The Planning Commission recommended allowing detached ADUs on lots two acres or
larger, but requested information as to how many lots were in the Estes Valley, sorted by
lot size. More discussion will be necessary to consider size restrictions of detached units,
location of detached units in relation to the lot, possible review process, etc.
PUBLIC COMMENT
Tom Gootz/town resident suggesting sending a questionnaire to citizens concerning the
rentals of ADUs. He stated ADUs and affordable housing are directly related, and the
citizens of the Estes Valley should have the opportunity to be educated about any
proposed code changes prior to an ordinance being passed by Town Board. He stated
Estes Park has interesting dynamics, and any research should be specific to Estes Park.
He shared his concern about allowing rentals of ADUs, enforcement of those rentals, and
wanted to make sure the code amendment process for ADUs was transparent.
Matthew Heiser/town resident and member of the Housing Authority board stated ADUs
are a vital part of the Estes Valley. He lived in accessory dwelling units, both attached and
detached, which allowed him to live here year round. He reminded the Commission that
with or without ADUs, only eight unrelated people can live on a property. Under the
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 4
February 21, 2012
current code, two families of four could live in one house. The only big difference between
a single-family dwelling and an ADU is a kitchen.
Public comment closed.
STAFF AND COMMISSION DISCUSSION
Commissioner Norris requested specifics on how many lots could accommodate detached
units, using both one- and two-acre minimum lot sizes. Director Chilcott stated in addition
to that information she could also include possible impacts on utilities and infrastructure.
There was more discussion about minimum lot size. Chair Klink stated the code language
would be more understandable if the minimum lot size was directly related to a zoning
district. Director Chilcott stated staff would not be comfortable allowing detached units on
lots one acre or less. There was more discussion about the allowance of long-term rentals
and the unintended consequences that could come into play.
Director Chilcott stated she could provide different options in the draft code language;
those options the Planning Commission recommends, and other options the Town Board
could consider if they disagree with the Commission’s recommendations. The Town
Board and County Commissioners are the decision-making bodies. Chair Klink directed
staff to draft code language for the next meeting. Director Chilcott stated she would
publish a news release and a legal notice about ADUs prior to the next meeting. After a
straw poll on long-term rentals, Director Chilcott was directed to not include long-term
rentals in the draft language, and to provide statistics to determine whether or not a two
acre minimum lot size for detached units would be recommended. It was also suggested
to refer to the existing accessory structure guidelines in the draft.
6. REPORTS
a. Director Chilcott reported no pre-application meeting in the past month. However, she
thinks the department will see some development plans in 2012.
b. Director Chilcott reports the Town Board approved The Meadows Condominiums
Supplemental Condominium Map #1. The Town Board also discussed ADUs in their
last study session.
c. Director Chilcott reported the Board of County Commissioners is reviewing a Right-of-
Way vacation for Range View Road today.
d. Director Chilcott reported staff is reviewing a staff-level development plan for the Best
Western/Silver Saddle motel to add eight additional units.
e. Director Chilcott reported the 2012 Work Plan will be posted on the Town website.
f. Director Chilcott reported that Commissioner Fraundorf has accepted a position with
the Town, and will step down as a Planning Commissioner representing the Town.
She thanked him for his service, dedication, and volunteer hours. Commissioner Hull
added he was an excellent Planning Commissioner and will be missed. Director
Chilcott encouraged the current Planning Commissioners to recruit other possible
applicants to replace Commissioner Fraundorf.
g. Commissioner Poggenpohl reported attending the
Community Development/Community Services Committee meeting where Director
Chilcott presented the Community Development Department’s annual report. He was
impressed and suggested the other Commissioners members review the report. (The
report was included in the meeting materials.)
There being no further business, Chair Klink adjourned the meeting at 3:30 p.m.
___________________________________
Doug Klink, Chair
___________________________________
Karen Thompson, Recording Secretary
Page 1
TOWN CLERK Memo
To: Honorable Mayor Pinkham
Board of Trustees
Interim Town Administrator Richardson
From: Jackie Williamson, Town Clerk
Date: March 27, 2012
RE: New Tavern Liquor License Application The Hillside Burger, Inc., dba The
Hillside Burger, 205 Virginia Drive.
Background:
An application for a new Tavern Liquor license was filed with the Town Clerk’s office on
February 17, 2012, by The Hillside Burger, Inc. This application was sent to the Liquor
Division for a concurrent review in order to have the license approved by the state at the
same time as the Town. This will enable the new restaurant to begin the sale alcohol as
soon as possible.
All necessary paperwork and fees were submitted. Please see the attached hearing
procedure for more information. The Police report contains a personal matter that is
unrelated to the new liquor license establishment.
Budget:
None.
Staff Recommendation:
None.
Sample Motion:
Finding.
The Board of Trustees finds that the reasonable requirements of the neighborhood
are/are not met by the present liquor outlets in the neighborhood and that the desires of
the adult inhabitants are/are not for the granting of this liquor license.
Motion.
Based upon the above findings, I move that this license be granted/denied.
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1. MAYOR.
The next order of business will be the public hearing on the application of THE
HILLSIDE BURGER, INC., dba The Hillside Burger for a New Tavern Liquor
License located at 205 Virginia Drive.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2. TOWN CLERK. Will present the application and confirm the following:
The application was filed February 17, 2012.
At a meeting of the Board of Trustees on February 28, 2012, the public hearing
was set for 7:00 p.m. on Tuesday, March 27, 2012.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 2.9 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Corporation.
The property is zoned CD which allows this type of business as a permitted
use.
The notice of hearing was published on March 16, 2012 .
The premises was posted on March 14, 2012 .
2
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled ____ Scheduled X Completed (Date: 03/09/12)
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application, and if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
Community Development Memo
To: Honorable Mayor Pinkham
Board of Trustees
Interim Town Administrator Richardson
From: Director Chilcott
Date: March 27, 2012
RE: Estes Valley Development Code: Amending the Estes Valley
Development Code as it relates to Accessory Dwelling Units.
Background:
On March 22, 2012, the Estes Valley Planning Commission voted to forward the
attached accessory dwelling code amendments to the Estes Park Town Board of
Trustees and the Larimer County Board of County Commissions for consideration. The
Commission’s recommendations are based on public comments and discussion in
numerous public hearings over the past five years.
In 2008, Planning Commission started drafting accessory dwelling unit code
amendments. In 2009, Town Board reviewed the draft and remanded it to Planning
Commission. In 2010 second kitchen regulations were adopted. In 2011 Planning
Commission resumed the task of drafting code language after receiving additional
requests for more flexible ADU regulations.
In September 2011, Planning Commission forwarded general recommendations, along
with a problem statement to the Town Board and County Commission for policy
guidance and feedback. At the January 24, 2012 Town Board study session, Town
Board had the opportunity to discuss the general recommendations and hear directly
from Commissioners about the rationale behind the recommendations.
Key Discussion
Points/Issues Current Code Estes Valley Planning Commission
Recommendation
Allow attached Accessory Dwelling
Units (ADUs)? Yes Yes
Allow detached ADUs? No Yes
Reduce or eliminate minimum lot
size for attached ADUs?
1.33 times zone district
minimum lot size
No minimum lot size for attached accessory dwelling
units
1 acre minimum lot size for detached accessory
dwelling units
Limit the size
of an ADU
800 square feet or 33% of
total principal dwelling size,
whichever is less
49% of the principal dwelling size
Require EVPC review of all new
ADUs? No No
Require architectural controls? No No
Require Land Use Affidavit? No Yes
Allow short‐term rentals? No No
Allow long‐term rentals? No Yes
One household can rent the property
Allow more flexibility to expand
existing grandfathered ADUs?
Normal repair and
maintenance
Revise code so many non‐conforming ADUs become
conforming.
Code language approved in 2011 to allow for
modernization of the interior of non‐conforming
ADUs.
Revisit after code language is drafted to see if
adequately addressed.
Clarify what constitutes an
accessory dwelling unit?
5.2.B.2.a
13.3.3
13.3.95
13.3.130
13.3.130.1
Rely on Accessory Dwelling Unit definition, which
states an ADU may contain cooking and food
storage facilities
Remove the reference to electrical or gas hook‐up
in the kitchen definition.
Remove accessory kitchen regulations and definition
Please refer to the website for background information, including problem statements,
public comment, and prior versions of draft code language. If Planning Commission
votes to approve draft code language, this will be forwarded to Town Board and County
Commission for review.
Please find attached historical information regarding ADU actions.
Budget:
N/A
Planning Commission Recommendation:
Sample Motion:
N/A. This is a report only.
Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 1 of 4
ORDINANCE TBD-12
EXHIBIT A
CHAPTER 13 DEFINITIONS
§13.3.3 Accessory Dwelling Unit, shall mean a second dwelling unit integrated with a
single-family detached dwelling that provides complete independent living facilities, that
includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same lot as the single-family detached dwelling. "Accessory Dwelling Unit" does not
include mobile homes, recreational vehicles or travel trailers.
§13.3.130 Kitchen shall mean a room or space within a room equipped with such
electrical or gas hook-up that would enable the installation of a range, oven or like
appliance using 220/40 volts or natural gas (or similar fuels) for the preparation of food,
and also containing either or both a refrigerator and sink.
Kitchen shall mean a room or space within a room designed for or conducive to the
preparation or cooking of food.
13.3.130.1 Kitchen, Accessory shall mean a kitchen other than the principal kitchen
associated with a sing-family dwelling.
SECTION 5.2 ACCESSORY USES AND STRUCTURES
Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning Districts
Accessory
Use
Residential Zoning District
"Yes" = Permitted "No" = Not Permitted "
CUP" = Conditional Use Permit
Additional
Requirements
RE-1 RE E-1 E R R-1 R-2 RM
Accessory
Dwelling Unit
Yes Yes Yes Yes Yes No No No §5.2.B.2.a
subject to
minimum lot
size for
detached
ADUs1.33
times minimum
lot area
required
Accessory
kitchen
Yes Yes Yes Yes Yes Yes Yes No §5.2.B.2.f (Ord.
03-10 §1)
2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the
Residential Zoning Districts.
a. Accessory Dwelling Units.
Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 2 of 4
(1) Where Permitted. Accessory dwellings shall consist of living quarters
integrated within the principal single-family detached dwelling on the lot.
Mobile homes, recreational vehicles and travel trailers shall not be used as
accessory dwelling units. Accessory dwelling units are a permitted
accessory use on single-family zoned lots as specified in Table 5-1.
(2) Size of Accessory Unit. No accessory dwellings shall exceed thirty-three
percent (33%) forty-nine percent (49%) of the size of the habitable floor area
of the principal dwelling, for example 2,000 square foot principle dwelling,
may have a 980 square foot accessory dwelling unit. unit or eight hundred
(800) square feet, whichever is less. An accessory dwelling unit may contain
private sanitary facilities with hot and cold running water and cooking and
food storage facilities.
(3) Limit on Tenancy.. Accessory dwelling units shall not be used as rental
units.
(a) Short-Term Rental. Neither the principal dwelling unit nor accessory
dwelling unit may be rented short-term.
(b) Long-Term Rental. Both the principal dwelling unit and the accessory
dwelling unit may be rented together long-term (terms of 30 days or
more) to one household.
(c) Short-Term or Long-Term Occupancy by non-paying guests. Both the
principal dwelling unit and accessory dwelling unit may be occupied
short-term or long-term by non-paying guests.
(4) Density Calculations. Accessory dwelling units shall not count toward any
applicable maximum residential density requirement.
(5) Limit on Number. There shall not be more than one (1) accessory dwelling
unit on a lot in addition to the principal single-family dwelling.
(6) Maximum Occupancy. The combined total number of individuals that reside
in the principal and accessory dwelling units shall not exceed the number
that is allowed for a single household. See definition of "Household Living"
in §13.2.C.28 below.
(7) Off-Street Parking. At least one (1) off-street parking space shall be
provided for each bedroom located in for an accessory dwelling unit.
(8) Home Occupations. Home occupations shall be prohibited on the site of an
accessory dwelling unit.
(7) Lot Area. Lot area must be one and thirty-three one-hundredths (1.33) times
the minimum lot area of the district. Detached accessory dwelling units
shall be permitted on lots containing one (1) acre or more. Attached
accessory dwelling units are not subject to a minimum lot size.
Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 3 of 4
(8) Site Disturbance Standards. Site design shall demonstrate compliance with
Section 7.2 Grading and Site Disturbance Standards.
(9) Land Use Affidavit. Accessory dwelling units developed pursuant to this
section shall be subject to a recorded land use affidavit stating the terms of
use and occupancy in accordance with the requirements in this section. The
affidavit shall be approved by the Town or County Attorney.
(10) Other Regulations.
(a) A permitted accessory dwelling unit shall comply with all other
applicable site and building design, height, access and other standards
for principal dwelling units in the zoning district in which the accessory
dwelling will be located.
(b) In the case of any conflict between the accessory dwelling unit
standards of this Section and any other requirement of this Code, the
standards of this Section shall control
(f) Accessory kitchen.
(1) Approval of a kitchen accessory to a single-family dwelling shall not constitute
approval of a second dwelling unit or accessory dwelling unit.
(2) The dwelling shall not be occupied by more than one (1) family unit, as defined in
Section 13.2.C.28 "Household Living."
(3) The dwelling shall have only one (1) address.
(4) Interior access shall be maintained to all parts of the dwelling to ensure that an
accessory dwelling unit or apartment is not created.
(5) Land Use Affidavit
(a) Accessory kitchens located in a portion of the dwelling that also includes
sanitary facilities shall require a Land Use Affidavit prepared by the
Community Development Department.
(b) The Community Development Department shall record this Land Use
Affidavit, at the applicant's expense,
D. General Dimensional and Operational Requirements
5. Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory
Buildings, Accessory Structures and/or Principal Buildings for Residential Uses.
Maximum cumulative gross floor area for all accessory uses, (excluding accessory
kitchens accessory dwelling units; and, accessory nightly rentals in accessory or
principal structures) shall not exceed the largest computation of the following:
One thousand two hundred (1,200) square feet of gross floor area;
Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 4 of 4
b. Fifty percent (50%) of the gross floor area of the principal building, excluding the
attached garage floor area;
c. For lots with a net land area greater than one-half (½) acre and less than or equal to
one (1) acre: 500+[1,000(a)]*.
d. For lots with a net land area greater than (1) acre: 1,400+[400(a)]*.
Staff Notes: Refer to code for table with examples.
The codifier will review and revise numbering as needed.
1
Alison Chilcott
Subject:Town Board Letter
Attachments:ADU_INPUT_SUMMARY.xlr
From: jbhull@aol.com [mailto:jbhull@aol.com
]
Sent: Thursday, March 22, 2012 5:15 PM
To: Karen Thompson
Subject: Town Board Letter
TO: Town Board of Trustees
RE: Accessory Dwelling Units March 22, 2012
Esteemed Lady & Gentlemen,
I wanted this material to be included in your study packets for your perusal when you
considered Planning Commission’s recommendation concerning amended Development Code
Language on Accessory Dwelling Units.
Since we Planning Commissioners have steadily heard and read testimony on this subject
since October, 2006, I felt it would be helpful for my colleagues on both the Planning
Commission as well as you, the Town Board of Trustees, to have an easy-to read compilation of
every single bit of public input, both verbal and by letter or e-mail, that exists on this. I think it
well illustrates both the time and the thoroughness we have given to this issue.
I have attached this compilation for you. My fellow Planning Commissioners found it to
be quite helpful in our considerations; I hope you will also.
Sincerely,
Betty Hull
Estes Valley Planning Commission
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
NAME: DATE: SUMMARY OF REMARKS:
Alan Miller Letter 12/10/2008 Opposed to use-by-right & changing single family neighborhoods; against rentals but concerned about enforcement
De-facto re-zoning is wrong-- residents have the right to expect the integrity of their zoning district to be upheld unless
there is appropriate rezoning with public hearings that justify such a change. Allowing ADUs should be site specific with
neighborhood input
Alan & Suzanne Miller Letter 3/20/2012 Against ADUs as a use by right; Honor single-family neighborhoods; against rentals ADU approval should be site specific
Suzanne Miller Letter 3/20/2012 Opposes expanting present ADU code language
Betty Nickel Verbal 10/17/2006 Her Clients want Guest Quarters, Not rentals
Verbal 9/16/2008 Her group wants Guest Units, Party Kitchens & Caretaker Units + no architectural requirements or
Planning Commission review for detached + Clarification on square footage
Verbal 12/18/2008 Requests clarification of code language for kitchens
Verbal 9/20/2011 Her clients want ADUs for Guest Quarters & caretaker housing
Verbal 3/22/2012 Supports ADUs for family usage; no rentals
Steve Nickel Verbal 12/18/2008 Would like to clarify definition of "cooking facility"
Letter 12/15/2008 ADUs should be architecturally compatible with principal dwelling unit; supports cooking facilities in ADUs
Letter 9/2/2011 Points out 1810 Windham Lane request is not an ADU by current definition
Steve & Betty Nickel Letter 2/10/2009 Wants rentals for employee & affordable housing
Don Goldy Verbal 3/20/2007 Questioned Number of Cars at a House with an ADU
Paul Brown Verbal 7/15/2008 Wants attached & detached ADUs guests on all Properties throughout the Valley like Larimer County.
Verbal 9/16/2008 Wants detached ADUs on All Lots Throught the Valley, regardless of Size
Verbal 11/18/2008 Supports detached ADUs on all lots with the size of ADU related to size of lot
Verbal 12/18/2008 Allow detached ADU's based on lot size
Letter 2/11/2009 Supports ADUS for family uses and rentals for employee housing; it would reduce infrastructure cost
Letter 12/16/2008 Submitted outdated Estes PArk zoning information & sketches
Letter 9/16/2008 Supports ADUs in all neighborhoods regardless of lot size & use by right; opposes covenant requirements, parking
restrictions, architectural & landscape regulations; against owner occupancy
Bob McCreery Verbal 9/16/2008 Requested Rental be Prohibited + questions architectural requirements for large lots
Wayne Park Verbal 9/16/2008 Concerned about Architectural Requirements
Riita Kurelja Verbal 9/16/2008 ADUs would provide a tool to disperse Affordable Housing throughout the Community
Verbal 12/18/2008 Wants ADUs to be rented
Verbal 2/17/2009 Wants rentals of ADUs
Letter 3/16/2012 Wants ADUs integrated & rentals as a partial solution for affordable housing
Letter 4/24/2009 Wants ADUs as rentals + presented a favorable case study from HUD
Letter 2/12/2009 Wants ADUs as rentals
Verbal 3/22/2012 Supports ADU as a possible solution for affordable & employee housing; cited HUD & Colo Housing studies
Cheri Pettijohn Verbal 9/16/2008 Architectural Standards are too restrictive + ADUs are needed for caregivers or at-home care-receivers-- no rentals
Verbal 12/18/2008 Wants the ADU question solved quickly
Verbal 2/17/2009 Wants to see bunkhouses allowed soon
Ron Norris (Pre-PC) Verbal 11/18/2008 Approves Planning Commission Review of ADUs; Wants public input on lot sizes, sq footage, etc.
Verbal 12/18/2008 Wants rights of existing property owners to be protected; does not want ADUs to be rented + wants case-
by-case review with public input + detached on large lots only
Letter 12/9/2008 Concerns: increased density, defacto rezoning. Stay consistent with character of neighborhoods no rentals
Supports Plannning Commission review with public input in a case-by-case situation
Believes code enforcement is inadequate; Allow detached ADUs on larger lots- limit size to 1000 square feet or less
Letter 11/14/2008 Discussed ADUs with several HOAs & citizens throughout Valley who were concerned about adverse unintended
consequences
Tom Ewing Verbal 11/18/2008 Concerned About enforcement if Rentals are Allowed + use lot size rather than zoning district
Letter 12/5/2008 Opposed to increased density in single family neighborhoods; ADUs would be a betrayal to homeowners in
in single-family neighborhoods and present zoning
Ray Duggins Verbal 11/18/2008 Wants to be able to expand or improve existing detached units
Verbal 12/18/2008 Wants the ADU language to be amended as soon as possible
Steve Lane Verbal 11/18/2008 He Sees a demand for detached ADUs for Caregivers; Suppports long-term rentals + doesn't like
Architectural Control
Thomas Beck Verbal 11/18/2008 Supports ADUs for rentals and long-term at-home care
Joe Coop Verbal 12/18/2008 Believes ADUs and Guest Quarters are 2 different issues; guest quarter review could be by staff & ADU
review could be by Planning Commission
Verbal 2/17/2009 Said Most ADU requests are for Guest or Caretaker Quarters
Letter 2/17/2009 Wants a citizen's committe to refine ADU code language
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
Mark Elrod (Pre TB) Verbal 12/18/2008 Allow rentals for family members & not for non-family
Kevin Schwery Verbal 12/18/2008 Wants to allow detached ADUs on large lots + wants his employees to live in his ADU
Matthew Heiser Verbal 12/18/2008 Supports rental of ADUs + believes architectural design should be left to designer
Verbal 2/21/2012 ADU's are a vital part of the Valley
Sheila Brennan Verbal 2/17/2009 Allow ADUs only on undeveloped lots
Carroll Mock Verbal 2/17/2009 Do not change zoning to allow ADUs + rentals should not be allowed
Rick Steins Verbal 2/17/2009 Believes ADUs would decrease property values-- no rentals
David Myers Verbal 2/17/2009 Does not want zoning changed-- opposed to rentals
Robert Ernst Verbal 2/17/2009 Does not want rentals, but questions enforcement issues; supports owner occupancy
Verbal 3/22/2012 Quesions need to update ADU code language; Honor single family neighborhood zoning
Letter 3/22/2012 HAs enforcement concerns about rentals
Rick Warren Verbal 2/17/2009 Does not want ADU rentals
Jay Heineman Verbal 2/17/2009 Is against ADUs changing the neighborhood
Verbal 3/17/2009 If there are rentals, there will be unintended consequences + the demand doesn't merit a code change
Letter 3/2/2009 Against rentals; supports affordable housing, but it shouldn't be ADUs
Verbal 3/22/2012 ADUs are not an affordable housing answer; keep single family neighborhoods as such-- no rentals
Joe Hladick Verbal 2/17/2009 Wants a Citizen's committee to refine code language in a round table approach
Eric Waples Verbal 2/17/2009 Wants ADU applications to be reviewed by Planning Commission
Letter 2/12/2009 Advocates a thorough scientific survey of property owners & HOAs on allowing ADUs before a final
decision is made-- cautions about unintended consequences
Joanna Darden Verbal 2/17/2009 Against detached ADUs + questions enforcibility if rentals are allowed
Verbal 3/17/2009 Wants ADU size limits to be less than 1000 sqare feet
Verbal 9/20/2011 Concerned about rentals and ability to enforce + doesn't want ADUs to be improved by additional stories
Dave Schultz Verbal 2/17/2009 Allow only detached ADUs + only allow rentals on a yearly basis
Arleta Bell Verbal 2/17/2009 Asked for clarification of ADUs
Bob Rising Verbal 2/17/2009 Wanted to know how ADUs would affect HOA Covenants
Verbal 3/22/2012 Opposes ADU use by right; opposes rentals; presented plan to he4lp solve seasonal employee problem
Mike Richardson Verbal 2/17/2009 Stated that HOAs can make their own rules about ADUs
Letter 3/13/2012 Supports the building, using & maintaining of ADUs; wants rentals
Dave Albee Verbal 3/17/2009 Wants Clarification of ADUs in R-1, R-2 & RM zoning districts
Letter 2/3/2009 Concerned about increased density in single-family neighborhoods; against rentals & use-by-right;
Supports Planning Commission review
Darrell & Laurie Franklin Letter 6/21/2011 Wants ADUs for family use and not rentals
Letter 8/24/2011 Explained their application for 1731 High Drive-- would not alter footprint
Philip Nicholson Letter 4/15/2009 Wants ADUs for family use; no rentals
Dave Caddell Letter 3/11/2009 ADUs aren't ecomomically feasible; wants size limited to 700-800 square feet; for family use only
Mike Menard Letter 3/10/2009 Submitted a partial list of detached ADUs throughout Valley;supports detached ADUS on small lots if designed right;
Wants ADUS as an affordable housing solution
Letter 2/13/2009 ADUs are historically established, but recently under-regulated; wants property owners to be able to
modify existing ADUs; supports rentals; wants ADUs throughout Valley as a use by right
Sandy Lindquist Letter 2/10/2009 Keep Single-family residential neighborhoods as they are; supports affordable housing but not with
zoning changes
Letter 3/3/2009 Supports owner occupancy; no rentals
Letter 10/20/2008 Wants to keep single family residential zoning; opposes rentals
Verbal 3/22/2012 Against changing character of siungle family neighborhoods; against rentals
Betty Hull Letter 2/23/2009 Wants ADUs limited to attached + Planning Commission review-- no rentals
Milt Garrett Letter 2/17/2009 Wants ADUs as an option for seasonal employee housing
Rex Pogggenpol (Pre-PC) Letter 3/6/2009 Allow only attached ADUs
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
Bob Trump Letter 3/4/2009 Cites AARP study on ADUs; Supports owner occupancy & not rentals
Elaine Downing Letter 1/27/2009 Supports present zoning requirements and Plannning Commission review of ADUs with public input;
Opposes rentals; concerned about increased density, noise, traffic & parking
Fred Mares Letter 12/16/2008 Questions the need for a code change at all-- wonders about unintended consequences
Letter 3/22/2012 Questions need to change present ADU code language
Don Sellers Letter 12/17/2008 Against rentals of ADUs
Letter 3/22/2012 Against Changing present ADU code language
Verbal 3/22/2012 Read aove letter
Tom Gootz Verbal 2/21/2012 Wants questionnaire sent to citizens asking about rentals; ADU's & affordable housing are directly
related; concerned about rentals & enforcement issues
Verbal 3/22/2012 Questions the present definition of short-term rentals, also their enforcement
Kurt Johnson Letter 3/20/2012 Wants to broaden the availability of ADUs
Judy Nystrom Letter 3/19/2012 Supports long-term rentals, not short-term; owners need to register ADUs with Town & get a license
To help owner's costs for ADUs reduce fees, etc. Develop a standard lease agreement for ADUs
Rainer Shelp Letter 3/19/2012 Agrees with Judy Nystrom
Bill Kehl Letter 3/19/2012 Against ADU's in single family zoning; against rentals
Judy Anderson Verbal 3/22/2012 Supports long-term rentals
Sherry White Verbal 3/22/2012 Do Not change present ADU code language; keep single family n eighborhhods as such; against rentals
Louise Olson Verbal 3/22/2012 Supports rentals of ADUs as both affordable & seasonal employee housing
Letter 3/22/2012 said young people who were working couldln't attend an afternoon meeting
Debra Kelly Letter 3/21/2012 Supports ADUs for both family use & affordable housing rentals
Verbal 3/22/2012 Supports ADUs for both family use & affordable housing rentals
Fred Barber Verbal 3/22/2012 Believes development code overreaches; supports not increasing density in single family zoning; against rentals
Bill Cook Verbal 3/22/2012 Against changing development code language for ADUs
David Born Verbal 3/22/2012 Questions enforcement of rental ADUs; against rentals
Kay Norton Hoye Verbal 3/22/2012 Supports adhering to present zoning regulations, therefore no rentals
Cindy Youngland-Liddle Verbal 3/22/2012 Questions regulating & enforcing taxes for short term rentals; aqginst short term rentals
Nancy Amend Letter 3/21/2012 Supports rental ADUs
Don Kjorland Letter 3/21/2012 Opposes rentals as they would lower property values
CG Fleischer Letter 3/18/2012 Keep Code Language as it is; afraid of circumventing zoning requirements; against rentals
Indiv. Input Total: 63
Rental Tally YES-19 NO-33 Remainder made no preference known
Community Development Memo
To: Estes Valley Planning Commission
From: Alison Chilcott, Community Development Director
Date: March 22, 2012
RE: Amendment to the Estes Valley Development Code: Accessory Dwelling
Units (ADUs)
Background:
Staff has drafted accessory dwelling code language to implement Planning
Commission’s general recommendations below. Recommendations are based on public
comments and discussion over the past five years.
In 2008, Planning Commission started drafting accessory dwelling unit code
amendments. In 2009, Town Board reviewed the draft and remanded it to Planning
Commission. In 2010 second kitchen regulations were adopted. In 2011 Planning
Commission resumed the task of drafting code language after receiving additional
requests for more flexible ADU regulations.
In September 2011, Planning Commission forwarded general recommendations, along
with a problem statement to the Town Board and County Commission for policy
guidance and feedback. At the January 24, 2012 Town Board study session, Town
Board had the opportunity to discuss the general recommendations and hear directly
from Commissioners about the rationale behind the recommendations.
Discussion points where general consensus was reached are highlighted below. For
areas where consensus has not been reached, staff has provided optional code
language (Option A, B, …). Given the strong opinions held by Commissioners, Trustees
and the public, consensus may not be reached on all discussion points.
Key Discussion
Points/Issues Current Code 2011/2012 EVPC
General Recommendation
Allow attached Accessory
Dwelling Units (ADUs)? Yes Yes
Allow detached ADUs? No Yes
Reduce or eliminate minimum
lot size for attached ADUs?
1.33 times zone
district minimum lot
size
No minimum lot size for attached accessory dwelling
units
2 acre minimum lot size for detached accessory
dwelling units
Limit the size
of an ADU
800 square feet or
33% of total principal
dwelling size,
whichever is less
49% of the principal dwelling size, whichever is less
Require EVPC review of all
new ADUs? No No
Require architectural
controls? No No
Require Land Use Affidavit? No Yes
Allow short‐term rentals? No No
Allow long‐term rentals? No No
Allow more flexibility to
expand existing
grandfathered ADUs?
Normal repair and
maintenance
Revise code so many non‐conforming ADUs become
conforming.
Code language approved in 2011 to allow for
modernization of the interior of non‐conforming
ADUs.
Revisit after code language is drafted to see if
adequately addressed.
Clarify what constitutes an
accessory dwelling unit?
5.2.B.2.a
13.3.3
13.3.95
13.3.130
13.3.130.1
Rely on Accessory Dwelling Unit definition, which
states an ADU may contain cooking and food
storage facilities
Remove the reference to electrical or gas hook‐up
in the kitchen definition.
Remove accessory kitchen regulations and definition
Please refer to the website for background information, including problem statements,
public comment, and prior versions of draft code language. If Planning Commission
votes to approve draft code language, this will be forwarded to Town Board and County
Commission for review.
March 22, 2012 Planning Commission Page 1 of 5
EXHIBIT A
ACCESSORY DWELLING UNITS
DRAFT AMENDMENT TO
ESTES VALLEY DEVELOPMENT
CHAPTER 13 DEFINITIONS
§13.3.3 Accessory Dwelling Unit, shall mean a second dwelling unit integrated with a
single-family detached dwelling that provides complete independent living facilities, that
includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same lot as the single-family detached dwelling. "Accessory Dwelling Unit" does not
include mobile homes, recreational vehicles or travel trailers.
§13.3.130 Kitchen shall mean a room or space within a room equipped with such
electrical or gas hook-up that would enable the installation of a range, oven or like
appliance using 220/40 volts or natural gas (or similar fuels) for the preparation of food,
and also containing either or both a refrigerator and sink.
Kitchen shall mean a room or space within a room designed for or conducive to the
preparation or cooking of food, by the inclusion of one or more of the following:
a. Electrical or gas hook-up that would enable the installation of a range, oven or
like appliance;
b. Any device designed for cooking or heating of food;
c. A kitchen sink;
d. Refrigerator exceeding 10 cubic feet (or a place designed for it);
e. Dishwasher (or space designed for it);
f. Total counter space exceeding 10 square feet.
13.3.130.1 Kitchen, Accessory shall mean a kitchen other than the principal kitchen
associated with a sing-family dwelling.
SECTION 5.2 ACCESSORY USES AND STRUCTURES
Table 5-1
Accessory Uses and Structures Permitted in the Residential Zoning Districts
Accessory
Use
Residential Zoning District
"Yes" = Permitted "No" = Not Permitted "
CUP" = Conditional Use Permit
Additional
Requirements
Comment [AC1]: Broadens definition to allow
for attached and detached accessory dwelling units.
Clarifies the components of an ADU. Prior
definitions said an ADU may contain a kitchen, it
didn’t say it must contain a kitchen.
Comment [AC2]: Remove kitchen that focuses
on voltage and range/oven.
Add definition that focuses overall kitchen design.
Comment [AC3]: Remove accessory kitchen
regulations and definition added to EVDC in 2010.
This allows for attached accessory dwelling units
with a land use affidavit.
March 22, 2012 Planning Commission Page 2 of 5
RE-1 RE E-1 E R R-1 R-2 RM
Accessory
Dwelling Unit
Yes Yes Yes Yes Yes No No No §5.2.B.2.a 1.33
times minimum
lot area
required
Accessory
kitchen
Yes Yes Yes Yes Yes Yes Yes No §5.2.B.2.f (Ord.
03-10 §1)
2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the
Residential Zoning Districts.
a. Accessory Dwelling Units.
(1) Where Permitted. Accessory dwellings shall consist of living quarters
integrated within the principal single-family detached dwelling on the lot.
Mobile homes, recreational vehicles and travel trailers shall not be used as
accessory dwelling units. Accessory dwelling units are a permitted
accessory use on single-family zoned lots as specified in Table 5-1.
(2) Size of Accessory Unit. No accessory dwellings shall exceed thirty-three
percent (33%) forty-nine percent (49%) of the size of the habitable floor area
of the principal dwelling, for example 2,000 square foot principle dwelling,
may have a 980 square foot accessory dwelling unit. unit or eight hundred
(800) square feet, whichever is less. An accessory dwelling unit may contain
private sanitary facilities with hot and cold running water and cooking and
food storage facilities.
Limit on Tenancy.. Accessory dwelling units shall not be used as rental
units.
(a) Short-Term Rental. Neither the principal dwelling unit nor accessory
dwelling unit may be rented short-term.
(b) Option A: Long-Term Rental. Neither the principal dwelling unit nor the
accessory dwelling unity may be rented long-term.
(b) Option B: Long-Term Rental. Either the principal dwelling unit or
accessory dwelling unit may be rented long-term (terms of 30 days or
more). Rental of both dwellings at the same time is not permitted.
(b) Option C: Long-Term Rental. Both the principal dwelling unit and the
accessory dwelling unit may be rented long-term (terms of 30 days or
more).
(c) Short-Term or Long-Term Occupancy by non-paying guests. Both the
principal dwelling unit and accessory dwelling unit may be occupied
short-term or long-term by non-paying guests.
(3) Density Calculations. Accessory dwelling units shall not count toward any
applicable maximum residential density requirement.
Comment [AC4]: Remove this minimum lot size
requirement.
Comment [AC5]: Remove accessory kitchen
regulations and definition added to EVDC in 2010.
Comment [AC6]: Remove accessory dwelling
unit definition from this section. See Chapter 13 for
ADU definition.
Comment [AC7]: Increases allowed ADU size.
Comment [AC8]: Remove ADU definition from
“Size” section. See Chapter 13 for ADU definition.
Comment [AC9]: Current code does not address
tenancy of the principal dwelling.
Comment [AC10]: Staff has provided three
options for consideration due to varying Planning
Commissioner and Town Trustee opinions about
whether or not to allow long-term rentals.
Comment [AC11]: Allows for non-paying
guests.
March 22, 2012 Planning Commission Page 3 of 5
(4) Limit on Number. There shall not be more than one (1) accessory dwelling
unit on a lot in addition to the principal single-family dwelling.
(5) Maximum Occupancy. The combined total number of individuals that reside
in the principal and accessory dwelling units shall not exceed the number
that is allowed for a single household. See definition of "Household Living"
in §13.2.C.28 below.
(6) Off-Street Parking. At least one (1) off-street parking space shall be
provided for each bedroom located in an accessory dwelling unit.
(7) Home Occupations. Home occupations shall be prohibited on the site of an
accessory dwelling unit.
(8) Lot Area. Lot area must be one and thirty-three one-hundredths (1.33) times
the minimum lot area of the district. Detached accessory dwelling units
shall be permitted on lots containing two (2) acres or more. Attached
accessory dwelling units are not subject to a minimum lot size.
(9) Land Use Affidavit. Accessory dwelling units developed pursuant to this
section shall be subject to a recorded land use affidavit stating the terms of
use and occupancy in accordance with the requirements in this section. The
affidavit shall be approved by the Town or County Attorney.
(10) Conditional Use Permit.
Option A: No conditional use permit required.
Option B: A Conditional Use Permit shall be required for all new detached
accessory dwelling units.
(a) Standards for Review. All applications for conditional use permits shall
demonstrate compliance with all applicable criteria and standards set
forth below:
(1) To the maximum extent feasible, the general character and
appearance of the single-family residential neighborhood shall be
retained.
a. One driveway shall be used to access both the principal and
accessory dwelling unit.
Comment [AC12]: Staff believes it is critical the
land use affidavit address this. Property owners are
unlikely to be aware of this regulation.
Comment [AC13]: The minimum lot size will be
discussed further. Staff will provide a lot size
analysis, e.g. number of lots in the Estes Valley over
2 acres.
Comment [AC14]: Removes requirement for a
minimum lot size, e.g. 1.33 acres in E-1 Estate and
13.33 acres in RE-1 Rural Estate zone district.
Adds minimum lot size for detached accessory
dwelling units.
Comment [AC15]: Notifies future property
owners of what they can and cannot do the property.
March 22, 2012 Planning Commission Page 4 of 5
b. Site design shall demonstrate compliance with Section 7.2
Grading and Site Disturbance Standards.
(11) Other Regulations.
(a) A permitted accessory dwelling unit shall comply with all other
applicable site and building design, height, access and other standards
for principal dwelling units in the zoning district in which the accessory
dwelling will be located.
(b) In the case of any conflict between the accessory dwelling unit
standards of this Section and any other requirement of this Code, the
standards of this Section shall control
(f) Accessory kitchen.
(1) Approval of a kitchen accessory to a single-family dwelling shall not constitute
approval of a second dwelling unit or accessory dwelling unit.
(2) The dwelling shall not be occupied by more than one (1) family unit, as defined in
Section 13.2.C.28 "Household Living."
(3) The dwelling shall have only one (1) address.
(4) Interior access shall be maintained to all parts of the dwelling to ensure that an
accessory dwelling unit or apartment is not created.
(5) Land Use Affidavit
(a) Accessory kitchens located in a portion of the dwelling that also includes
sanitary facilities shall require a Land Use Affidavit prepared by the
Community Development Department.
(b) The Community Development Department shall record this Land Use
Affidavit, at the applicant's expense,
D. General Dimensional and Operational Requirements
5. Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory
Buildings, Accessory Structures and/or Principal Buildings for Residential Uses.
Maximum cumulative gross floor area for all accessory uses, (excluding accessory
kitchens accessory dwelling units; and, accessory nightly rentals in accessory or
principal structures) shall not exceed the largest computation of the following:
One thousand two hundred (1,200) square feet of gross floor area;
b. Fifty percent (50%) of the gross floor area of the principal building, excluding the
attached garage floor area;
Comment [AC16]: Adds a conditional use permit
option due to varying Town Trustee opinions about
whether or not to allow long-term rentals.
Requires Planning Commission review and approval
of detached units with neighbor notification.
Comment [AC17]: Remove accessory kitchen
regulations added in 2010. Accessory kitchen
regulations basically allow accessory dwelling units
with a land use affidavit.
March 22, 2012 Planning Commission Page 5 of 5
c. For lots with a net land area greater than one-half (½) acre and less than or equal to
one (1) acre: 500+[1,000(a)]*.
d. For lots with a net land area greater than (1) acre: 1,400+[400(a)]*.
Staff Note: Refer to code for table with examples.
Community Development
Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Halburnt
From: Director Chilcott
Date: November 22, 2011
RE: Estes Valley Development Code
Problem Statement – Accessory Dwelling Units
Background:
At the September 2011 Planning Commission meeting (minutes attached), the
Commission directed staff to forward the below Accessory Dwelling Unit problem
statement to the Town Board and County Commission for review and approval.
Planning Commission requests approval of the problem statement prior to proceeding.
Issue:
There are several issues related to ADUs as described below.
I. Community and Property Owner Needs and Desires. Accessory dwelling units are
limited to 30% of all residential lots in the Estes Valley. 1.33 times the minimum lot
area is required for an ADU. This means that in the E-1 zoning district, 1.33 acres is
required for an ADU and in the RE-1 zoning district 13.33 acres is required.
Property owners want ADUs for multiple reasons, including:
▪ Guest quarters for family and friends (non-rental)
▪ Income (short- and long-term rental)
▪ Caretaker quarters
ADUs can address community needs such as:
▪ Provision of affordable rental housing
▪ Aging in place
Currently, rental of accessory dwelling units is not allowed unless it can be
documented the units were allowed when built (with permits if required) and have
been regularly rented.
The Housing Authority recommended long-term rental of ADUs to help address
employee housing needs in the Estes Valley. Also, prohibition of rentals is difficult to
Page 1
Page 2
enforce. Town Board directed the Planning Commission to revisit the 2009
recommendation to prohibit the rental of ADUs.
II. Determine what constitutes an ADU.
Below are references in the EVDC applicable to the discussion about what
constitutes an ADU. Staff relied on the first definition and looked at the design of the
structure as a whole to make this determination in the past.
5.2.B.2.a
Accessory Dwelling Units . . . An accessory dwelling unit may contain private sanitary
facilities with hot and cold running water and cooking and food storage facilities . . . In
case of any conflict between the accessory dwelling unit standards of this Section and
any other requirements of this Code, the standards of this Section shall control.
13.3.3 Accessory Dwelling Unit shall mean a second dwelling unit integrated with a single-
family detached dwelling that is located on the same lot as the single-family detached
dwelling. "Accessory Dwelling Unit" does not include mobile homes, recreational
vehicles or travel trailers.
13.3.95 Dwelling Unit shall mean a building or portion of it designed and used as living and
sleeping quarters for a single household, and that includes exclusive sleeping, kitchen,
eating and sanitary facilities.
13.3.130 Kitchen shall mean a room or space within a room equipped with such electrical or gas
hook-up that would enable the installation of a range, oven or like appliance using
220/40 volts or natural gas (or similar fuels) for the preparation of food, and also
containing either or both a refrigerator and sink.
13.3.130.1 Kitchen, Accessory shall mean a kitchen other than the principal kitchen associated with
a single-family dwelling.
Staff recommends continuing to use the first definition above.
III. Conflict in Code. The Estes Valley Development Code ADU regulations conflict with
the Accessory Kitchens regulations. Accessory kitchen regulations allow ADUs on all
lots regardless of lot size, no maximum ADU size, and with limited requirements for
interior connectivity with the main dwelling.
Accessory Dwelling Units Accessory Kitchen
1.33 times zoning district minimum lot size No minimum lot size
Must be “integrated within” Must maintain interior access
Cannot exceed 33% of total house size or 800
square feet, whichever is less
No maximum size defined
Land Use Affidavit not required Land Use Affidavit required
IV. Grandfathering (Nonconforming status of existing detached accessory dwelling
units).
Existing detached ADUs, which have historically been allowed in many areas of the
Valley, are now nonconforming. Some of these were permitted, some predate
permits, and some have been “bootlegged” over time (without building permits,
which could result in unsafe conditions).
Page 3
Repairs and normal maintenance required to keep legal nonconforming units in safe
condition is permitted. Formal policy would clarify what constitutes an expansion of
the unit.
Purpose:
Broaden the availability of ADUs while minimizing potential negative impacts to single-
family neighborhoods (one lot, one house) and address the above issues.
Scope:
Planning Commission will forward general recommendations to the Town Board and the
Board of County Commissioners addressing the whether the code should be revised to:
1. Determine what constitutes an ADU?
2. Reduce or eliminate the minimum lot size for attached ADUs?
3. Allow detached ADUs?
4. Establish a minimum lot size for detached ADUs?
5. Allow short and/or long-term rental of attached ADUs?
6. Allow short and/or long-term rental of detached ADUs?
7. Require Planning Commission review of all new ADUs?
8. Require architectural controls?
9. Require a Land Use Affidavit (similar to deed restriction)?
10. Allow more flexibility to expand existing grandfathered ADUs?
Once general recommendations are approved by the Town Board and the Board of
County Commissioners, the Planning Commission will draft code language for review.
Desired timing is outlined below:
a. Early fall 2011: Forward the Problem Statement to the Town Board and Board of
County Commissioners.
b. Late fall 2011: Public hearing(s) conducted by the Estes Valley Planning
Commission
c. Early winter 2011: Public hearing(s) conducted by the Estes Valley Planning
Commission to recommend code language to the elected officials. The
recommended code language should reflect the direction identified by the elected
officials.
d. Mid-winter/early spring 2012: Forward recommended code amendments to the Town
Board and Board of County Commissioners for review and approval.
Desired Outcomes:
The desired outcome is to amend the Estes Valley Development Code to address the
accessory dwelling unit issues outlined above.
1
Karen Thompson
From:jbhull@aol.com
Sent:Thursday, March 22, 2012 5:15 PM
To:Karen Thompson
Subject:Town Board Letter
Attachments:ADU_INPUT_SUMMARY.xlr
TO: Town Board of Trustees
RE: Accessory Dwelling Units March 22, 2012
Esteemed Lady & Gentlemen,
I wanted this material to be included in your study packets for your perusal when you
considered Planning Commission’s recommendation concerning amended Development Code
Language on Accessory Dwelling Units.
Since we Planning Commissioners have steadily heard and read testimony on this subject
since October, 2006, I felt it would be helpful for my colleagues on both the Planning
Commission as well as you, the Town Board of Trustees, to have an easy-to read compilation of
every single bit of public input, both verbal and by letter or e-mail, that exists on this. I think it
well illustrates both the time and the thoroughness we have given to this issue.
I have attached this compilation for you. My fellow Planning Commissioners found it to
be quite helpful in our considerations; I hope you will also.
Sincerely,
Betty Hull
Estes Valley Planning Commission
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
NAME:DATE:SUMMARY OF REMARKS:
Alan Miller Letter 12/10/2008 Opposed to use-by-right & changing single family neighborhoods; against rentals but concerned about enforcement
De-facto re-zoning is wrong-- residents have the right to expect the integrity of their zoning district to be upheld unless
there is appropriate rezoning with public hearings that justify such a change. Allowing ADUs should be site specific with
neighborhood input
Alan & Suzanne Miller Letter 3/20/2012 Against ADUs as a use by right; Honor single-family neighborhoods; against rentals ADU approval should be site specific
Suzanne Miller Letter 3/20/2012 Opposes expanting present ADU code language
Betty Nickel Verbal 10/17/2006 Her Clients want Guest Quarters, Not rentals
Verbal 9/16/2008 Her group wants Guest Units, Party Kitchens & Caretaker Units + no architectural requirements or
Planning Commission review for detached + Clarification on square footage
Verbal 12/18/2008 Requests clarification of code language for kitchens
Verbal 9/20/2011 Her clients want ADUs for Guest Quarters & caretaker housing
Verbal 3/22/2012 Supports ADUs for family usage; no rentals
Steve Nickel Verbal 12/18/2008 Would like to clarify definition of "cooking facility"
Letter 12/15/2008 ADUs should be architecturally compatible with principal dwelling unit; supports cooking facilities in ADUs
Letter 9/2/2011 Points out 1810 Windham Lane request is not an ADU by current definition
Steve & Betty Nickel Letter 2/10/2009 Wants rentals for employee & affordable housing
Don Goldy Verbal 3/20/2007 Questioned Number of Cars at a House with an ADU
Paul Brown Verbal 7/15/2008 Wants attached & detached ADUs guests on all Properties throughout the Valley like Larimer County.
Verbal 9/16/2008 Wants detached ADUs on All Lots Throught the Valley, regardless of Size
Verbal 11/18/2008 Supports detached ADUs on all lots with the size of ADU related to size of lot
Verbal 12/18/2008 Allow detached ADU's based on lot size
Letter 2/11/2009 Supports ADUS for family uses and rentals for employee housing; it would reduce infrastructure cost
Letter 12/16/2008 Submitted outdated Estes PArk zoning information & sketches
Letter 9/16/2008 Supports ADUs in all neighborhoods regardless of lot size & use by right; opposes covenant requirements, parking
restrictions, architectural & landscape regulations; against owner occupancy
Bob McCreery Verbal 9/16/2008 Requested Rental be Prohibited + questions architectural requirements for large lots
Wayne Park Verbal 9/16/2008 Concerned about Architectural Requirements
Riita Kurelja Verbal 9/16/2008 ADUs would provide a tool to disperse Affordable Housing throughout the Community
Verbal 12/18/2008 Wants ADUs to be rented
Verbal 2/17/2009 Wants rentals of ADUs
Letter 3/16/2012 Wants ADUs integrated & rentals as a partial solution for affordable housing
Letter 4/24/2009 Wants ADUs as rentals + presented a favorable case study from HUD
Letter 2/12/2009 Wants ADUs as rentals
Verbal 3/22/2012 Supports ADU as a possible solution for affordable & employee housing; cited HUD & Colo Housing studies
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
Cheri Pettijohn Verbal 9/16/2008 Architectural Standards are too restrictive + ADUs are needed for caregivers or at-home care-receivers-- no rentals
Verbal 12/18/2008 Wants the ADU question solved quickly
Verbal 2/17/2009 Wants to see bunkhouses allowed soon
Ron Norris (Pre-PC) Verbal 11/18/2008 Approves Planning Commission Review of ADUs; Wants public input on lot sizes, sq footage, etc.
Verbal 12/18/2008 Wants rights of existing property owners to be protected; does not want ADUs to be rented + wants case-
by-case review with public input + detached on large lots only
Letter 12/9/2008 Concerns: increased density, defacto rezoning. Stay consistent with character of neighborhoods no rentals
Supports Plannning Commission review with public input in a case-by-case situation
Believes code enforcement is inadequate; Allow detached ADUs on larger lots- limit size to 1000 square feet or less
Letter 11/14/2008 Discussed ADUs with several HOAs & citizens throughout Valley who were concerned about adverse unintended
consequences
Tom Ewing Verbal 11/18/2008 Concerned About enforcement if Rentals are Allowed + use lot size rather than zoning district
Letter 12/5/2008 Opposed to increased density in single family neighborhoods; ADUs would be a betrayal to homeowners in
in single-family neighborhoods and present zoning
Ray Duggins Verbal 11/18/2008 Wants to be able to expand or improve existing detached units
Verbal 12/18/2008 Wants the ADU language to be amended as soon as possible
Steve Lane Verbal 11/18/2008 He Sees a demand for detached ADUs for Caregivers; Suppports long-term rentals + doesn't like
Architectural Control
Thomas Beck Verbal 11/18/2008 Supports ADUs for rentals and long-term at-home care
Joe Coop Verbal 12/18/2008 Believes ADUs and Guest Quarters are 2 different issues; guest quarter review could be by staff & ADU
review could be by Planning Commission
Verbal 2/17/2009 Said Most ADU requests are for Guest or Caretaker Quarters
Letter 2/17/2009 Wants a citizen's committe to refine ADU code language
Mark Elrod (Pre TB)Verbal 12/18/2008 Allow rentals for family members & not for non-family
Kevin Schwery Verbal 12/18/2008 Wants to allow detached ADUs on large lots + wants his employees to live in his ADU
Matthew Heiser Verbal 12/18/2008 Supports rental of ADUs + believes architectural design should be left to designer
Verbal 2/21/2012 ADU's are a vital part of the Valley
Sheila Brennan Verbal 2/17/2009 Allow ADUs only on undeveloped lots
Carroll Mock Verbal 2/17/2009 Do not change zoning to allow ADUs + rentals should not be allowed
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
Rick Steins Verbal 2/17/2009 Believes ADUs would decrease property values-- no rentals
David Myers Verbal 2/17/2009 Does not want zoning changed-- opposed to rentals
Robert Ernst Verbal 2/17/2009 Does not want rentals, but questions enforcement issues; supports owner occupancy
Verbal 3/22/2012 Quesions need to update ADU code language; Honor single family neighborhood zoning
Letter 3/22/2012 HAs enforcement concerns about rentals
Rick Warren Verbal 2/17/2009 Does not want ADU rentals
Jay Heineman Verbal 2/17/2009 Is against ADUs changing the neighborhood
Verbal 3/17/2009 If there are rentals, there will be unintended consequences + the demand doesn't merit a code change
Letter 3/2/2009 Against rentals; supports affordable housing, but it shouldn't be ADUs
Verbal 3/22/2012 ADUs are not an affordable housing answer; keep single family neighborhoods as such-- no rentals
Joe Hladick Verbal 2/17/2009 Wants a Citizen's committee to refine code language in a round table approach
Eric Waples Verbal 2/17/2009 Wants ADU applications to be reviewed by Planning Commission
Letter 2/12/2009 Advocates a thorough scientific survey of property owners & HOAs on allowing ADUs before a final
decision is made-- cautions about unintended consequences
Joanna Darden Verbal 2/17/2009 Against detached ADUs + questions enforcibility if rentals are allowed
Verbal 3/17/2009 Wants ADU size limits to be less than 1000 sqare feet
Verbal 9/20/2011 Concerned about rentals and ability to enforce + doesn't want ADUs to be improved by additional stories
Dave Schultz Verbal 2/17/2009 Allow only detached ADUs + only allow rentals on a yearly basis
Arleta Bell Verbal 2/17/2009 Asked for clarification of ADUs
Bob Rising Verbal 2/17/2009 Wanted to know how ADUs would affect HOA Covenants
Verbal 3/22/2012 Opposes ADU use by right; opposes rentals; presented plan to he4lp solve seasonal employee problem
Mike Richardson Verbal 2/17/2009 Stated that HOAs can make their own rules about ADUs
Letter 3/13/2012 Supports the building, using & maintaining of ADUs; wants rentals
Dave Albee Verbal 3/17/2009 Wants Clarification of ADUs in R-1, R-2 & RM zoning districts
Letter 2/3/2009 Concerned about increased density in single-family neighborhoods; against rentals & use-by-right;
Supports Planning Commission review
Darrell & Laurie FranklinLetter 6/21/2011 Wants ADUs for family use and not rentals
Letter 8/24/2011 Explained their application for 1731 High Drive-- would not alter footprint
Philip Nicholson Letter 4/15/2009 Wants ADUs for family use; no rentals
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
Dave Caddell Letter 3/11/2009 ADUs aren't ecomomically feasible; wants size limited to 700-800 square feet; for family use only
Mike Menard Letter 3/10/2009 Submitted a partial list of detached ADUs throughout Valley;supports detached ADUS on small lots if designed right;
Wants ADUS as an affordable housing solution
Letter 2/13/2009 ADUs are historically established, but recently under-regulated; wants property owners to be able to
modify existing ADUs; supports rentals; wants ADUs throughout Valley as a use by right
Sandy Lindquist Letter 2/10/2009 Keep Single-family residential neighborhoods as they are; supports affordable housing but not with
zoning changes
Letter 3/3/2009 Supports owner occupancy; no rentals
Letter 10/20/2008 Wants to keep single family residential zoning; opposes rentals
Verbal 3/22/2012 Against changing character of siungle family neighborhoods; against rentals
Betty Hull Letter 2/23/2009 Wants ADUs limited to attached + Planning Commission review-- no rentals
Milt Garrett Letter 2/17/2009 Wants ADUs as an option for seasonal employee housing
Rex Pogggenpol (Pre-P Letter 3/6/2009 Allow only attached ADUs
Bob Trump Letter 3/4/2009 Cites AARP study on ADUs; Supports owner occupancy & not rentals
Elaine Downing Letter 1/27/2009 Supports present zoning requirements and Plannning Commission review of ADUs with public input;
Opposes rentals; concerned about increased density, noise, traffic & parking
Fred Mares Letter 12/16/2008 Questions the need for a code change at all-- wonders about unintended consequences
Letter 3/22/2012 Questions need to change present ADU code language
Don Sellers Letter 12/17/2008 Against rentals of ADUs
Letter 3/22/2012 Against Changing present ADU code language
Verbal 3/22/2012 Read aove letter
Tom Gootz Verbal 2/21/2012 Wants questionnaire sent to citizens asking about rentals; ADU's & affordable housing are directly
related; concerned about rentals & enforcement issues
Verbal 3/22/2012 Questions the present definition of short-term rentals, also their enforcement
Kurt Johnson Letter 3/20/2012 Wants to broaden the availability of ADUs
Judy Nystrom Letter 3/19/2012 Supports long-term rentals, not short-term; owners need to register ADUs with Town & get a license
To help owner's costs for ADUs reduce fees, etc. Develop a standard lease agreement for ADUs
Rainer Shelp Letter 3/19/2012 Agrees with Judy Nystrom
ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME
Bill Kehl Letter 3/19/2012 Against ADU's in single family zoning; against rentals
Judy Anderson Verbal 3/22/2012 Supports long-term rentals
Sherry White Verbal 3/22/2012 Do Not change present ADU code language; keep single family n eighborhhods as such; against rentals
Louise Olson Verbal 3/22/2012 Supports rentals of ADUs as both affordable & seasonal employee housing
Letter 3/22/2012 said young people who were working couldln't attend an afternoon meeting
Debra Kelly Letter 3/21/2012 Supports ADUs for both family use & affordable housing rentals
Verbal 3/22/2012 Supports ADUs for both family use & affordable housing rentals
Fred Barber Verbal 3/22/2012 Believes development code overreaches; supports not increasing density in single family zoning; against rentals
Bill Cook Verbal 3/22/2012 Against changing development code language for ADUs
David Born Verbal 3/22/2012 Questions enforcement of rental ADUs; against rentals
Kay Norton Hoye Verbal 3/22/2012 Supports adhering to present zoning regulations, therefore no rentals
Cindy Youngland-Liddle Verbal 3/22/2012 Questions regulating & enforcing taxes for short term rentals; aqginst short term rentals
Nancy Amend Letter 3/21/2012 Supports rental ADUs
Don Kjorland Letter 3/21/2012 Opposes rentals as they would lower property values
CG Fleischer Letter 3/18/2012 Keep Code Language as it is; afraid of circumventing zoning requirements; against rentals
Indiv. Input Total: 63
Rental Tally YES-19 NO-33 Remainder made no preference known
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Interim Town Administrator Richardson
From: Alison Chilcott, Director
Date: March 27, 2012
RE: Board of Adjustment Appointments
Background:
Chuck Levine and Wayne Newsom’s terms on the Estes Valley Board of Adjustment
expired on February 28, 2012. An interview team consisting of Trustee Elrod, Estes
Valley Board of Adjustment Chair John Lynch, Estes Park Creative Sign Board Chair Art
Blume, and Community Development Director Alison Chilcott interviewed three
candidates for open positions.
The Estes Valley Board of Adjustment is a five-member, joint Town/County board that
reviews requests for variances to the Estes Valley Development Code. Two members
are appointed by the Larimer County Board of County Commissioners; three members
by the Town of Estes Park Board of Trustees; one alternate member is jointly appointed
by the Board of County Commissioners and Town Board of Trustees. Members must
reside in their respective areas of the Estes Valley.
The team recommends re-appointing Wayne Newsom and an appointing alternate
member Jeff Moreau for three-year terms expiring February 28, 2015. Member Chuck
Levine has served on the Board of Adjustment for eight years and has decided not to
re-apply for another term. ,
Wayne Newsom has lived Estes Park for over 30 years. He is a co-owner of Coldwell
Banker Estes Village Properties. He served as a Town Trustee for eight years, has
been a Board of Adjustment member since 1990, and was a long-time Urban Renewal
Authority commissioner.
Jeff Moreau has lived in Estes Park for over 20 years. He owns Dallman Construction
and has served as an alternate member of the Estes Valley Board of Adjustment for
approximately two years and on the Creative Sign Design Review Board for a year.
Budget:
N/A
Interview Team Recommendation:
The interview team recommends appointing Wayne Newsom and Jeff Moreau.
Community Development Memo
Page 2
Sample Motion:
I move to appoint (or not appoint) Wayne Newsom and Jeff Moreau to the Estes Valley
Board of Adjustment for three-year terms expiring February 28, 2015.
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Interim Town Administrator Richardson
From: Alison Chilcott, Director
Date: March 27, 2012
RE: Creative Sign Design Review Board Appointments
Background:
Diane Muno and Charley Dickey’s terms on the Creative Sign Design Review Board
expired on March 1, 2012. An interview team consisting of Trustee Elrod, Estes Valley
Board of Adjustment Chair John Lynch, Estes Park Creative Sign Board Chair Art
Blume, and Community Development Director Alison Chilcott interviewed two
candidates for open positions.
The Creative Sign Design Review Board was created approximately one year ago to
review Creative Sign Program applications, sign variance applications, and appeals of
staff decisions on the Estes Park Sign Code. Since its formation the Board has
reviewed and approved two sign variance applications. The Board consists of five
volunteer members appointed by the Mayor and confirmed by the Town Board.
The interview team recommends re-appointment of Diane Muno for a three-year term
expiring on March 1, 2015. The other applicant decided not to pursue appointment on
the Board. Staff will re-advertize the position.
Diane Muno, Local Business Owner, has been a resident of Estes Park since 2006.
She owns the Spruce House, Christmas Shoppe, and White Orchid downtown.
Previously she worked in marketing and sales.
Budget:
N/A
Interview Recommendation:
The interview team recommends re-appointing Diane Muno.
Sample Motion:
I move to re-appoint (or not appoint) Diane Muno to the Estes Park Creative Sign Design
Review Board for three-year term expiring March 1, 2015.
Community Development Memo
March 14,2012
Estes Park
Ms.Jackie Williamson,Town Clerk
Town of Estes Park
P.O.Box 1200
Estes Park,CO 80517
Dear Ms.Williamson:
The Estes Park Housing Authority at their regular meeting on March 14,2012 discussed the upcoming
term expiration for Jack Dinsmoor.Jack has been a vital member of the EPHA Board of Commissioners.
His talent and expertise has and continues to further mission of the Housing Authority.
The Board of Commissioners were unanimous in supporting the reappointment of Jack Dinsmoor to the
Estes Park Housing Authority Board of Commissioners for a five year term,beginning April 11 2012 and
expiring on April 11 2017.
We respectfully ask that the Town Trustees support the EPHA’s request and reappoint Mr.Dinsmoor to
serve on the Estes Park Housing Authority Board of Commissioners.
Sincerely,
L
Estes Park Housing Authority
1-1 cus irig AlLlthcrity
Rita Kurelja
Executive Director
1 70 MacGregor Avenue,P0.Box 1200 •Estes Park,CO 8051 7 •(970)577-3730 •Fax (970)586-0249
Community Services Memo
To: Honorable Mayor Pinkham
Board of Trustees
Interim Town Administrator Richardson
From: Community Services Director Kilsdonk
Date: March 27, 2012
RE: Town Volunteer Manual
Background:
Each year, over 500 volunteers contribute more than 50,000 hours to assist the Town of
Estes Park. However, no unifying document existed to guide volunteers and staff in this
work.
Town Board Study Session discussions related to volunteer management, including
background checks, safety, and liability, began in the fall of 2010. A draft Town
Volunteer Manual was presented at the Town Board Study Session on October 11,
2011. The overall goals of the manual are to provide clear expectations for volunteers
and staff, a basis for volunteer orientation and training, and a way to manage liability for
both the volunteers and the Town.
The draft manual has been revised based on the following Trustee recommendations
from the October 11, 2011 Study Session (as reflected in the minutes):
Study Session Recommendation Manual Page Reference
Expectations are the same for volunteers as they are
for Town employees
Added to page 12, first
paragraph
Volunteers must conduct themselves in a manner that
reflects favorably on the Town
Included on page 16, no. 15
Volunteer Conduct and also in
Appendix C: Town of Estes
Park Policies and Procedures
Make positive statement by reorganizing information
and wordsmithing
Volunteer Operational Policies
and Procedures section
(pages 12-16) was reworked
Include pertinent information from personnel manual in
an appendix rather than making reference to the
personnel manual
Appendix C: Town of Estes
Park Policies and Procedures
was added (pages 66-70)
Need to address weapons and workplace violence for
all employees, including volunteers
See Volunteer Operational
Policies and Procedures
Section 7: Work Place
Violence (page 14)
Provide a thorough explanation related to the required
Volunteer Release of Liability and Indemnification form
Volunteer Operational Policies
and Procedures Section 2:
Volunteer Liability and
Indemnification was rewritten
and expanded (pages 12-13)
Remove references to Union Fire Insurance Company
and other unrelated organizations
HR researched the document
and the reference is correct.
No change
Include non-profit organizational chart with MOUs No change to the manual. Org.
charts will be added to all new
MOUs and existing MOUs as
they come up for renewal
Remove ad hoc committees as they are temporary Descriptions of ad hoc
committees were removed and
section reworded (page 11)
Include job descriptions so volunteers know the scope
of their responsibilities
This section has been
expanded and reworked. See
Appendix B: Volunteer Job
Descriptions, pages 26-65
Clarify statement related to uniforms Volunteer Operational Policies
and Procedures no. 13:
Uniforms and Protective
Personal Gear was rewritten
(page 16)
Page 17 #14 (Volunteer Liability and Indemnification)
should read: As a public entity, the Town of Estes
Park…
This has been done; see page
12
In addition, the following have been added or updated since the Study Session:
Addition or Update Volunteer Manual Reference
Town Administrator Welcome – Reference to previous
Administrator has been deleted
Page 3
Mission/Vision/Guiding Principles/Org Chart – Updated
for 2012
Pages 5-6
Audit Committee and Rooftop Rodeo Committee were
removed from the list of Town Board-appointed
standing committees; Top Hand Organization, Inc. was
removed and Estes Park Western Heritage, Inc. was
added to the list of volunteer organizations
Pages 7-8; pages 52-53
Town Board and Committee Appointment Procedure
has been updated
Page 21
A proposed policy which addresses Town employees
serving on Town Committees, Boards, Commissions
and Affiliated Organizations has been added
Pages 69-70
Volunteer application now includes a check box
section for staff use in determining whether a
background check is required
Pages 22-23
Town Attorney White reviewed a prior version of the manual and will have reviewed this
version by the Town Board meeting. CIRSA Attorney Tanoue was also provided with a
copy of the revised manual. On her recommendation, the word “job” has been removed
from the draft wherever it appeared in the context of volunteer work.
Budget:
N/A
Staff Recommendation:
To approve the Town Volunteer Manual.
Sample Motion:
I move for the approval/denial of the Town Volunteer Manual.
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1
Table of Contents
A Welcome from the Town Administrator………………………………………………………………….3
Tracks in Time: A Brief History of Estes Park……………………………………………………………...4
Purpose of This Volunteer Manual…………………………………………………………………………5
Town Mission, Vision and Guiding Principles……………………………………………………………...5
Town Organizational Chart………………………………………………………………………………….6
Town Volunteer Groups………………………………………………………………………………..7 - 12
Volunteer Operational Policies and Procedures…………………………………………………….13 - 17
Appendix A: Forms
Volunteer Release of Liability……………………………………………………………….18 - 19
Volunteer Written Notice of Injury………………………………………………………………..20
Background Check.…………………………………………………………………………….…21
Board and Committee Appointment Procedure ………………………………………………. 22
Volunteer Application………………………………………………………………………...23 - 24
Vehicle Accident Review Forms…………………………………………………………….25 - 26
Appendix B: Volunteer Descriptions
I. Town Board-Appointed Volunteers…………………..……………………………………..27 - 41
II. Town Department Volunteers
i. Community Development Department…………………………………………………43
ii. Community Services Department…......................................................................43 - 57
iii. Finance……………………………………………………………………………………57
iv. Police Department…………………………………………………………………...57 - 66
2
v. Public Works……………………………………………………………………………...66
vi. Utilities……………………………………………………………………………………..66
Appendix C: Town of Estes Park Policies and Procedures
I. Personnel Manual (Excerpts)……………………………………………………………………..67
II. Electronic Media Access Policy……………………………………………………………..68 - 69
3
Town Administration
A Welcome from the Town Administrator
As I go through my day, I am amazed at the number and diversity of people who donate their
time to the Town of Estes Park and the dedication they bring to their work.
From Town Board-appointed groups like the Estes Park Housing Authority, to organizations
such as the Estes Valley Restorative Justice Partnership, to ad-hoc committees appointed for
specific tasks, to individuals assisting with particular duties, Town of Estes Park volunteers work
every day alongside staff to make our community better. Annually, more than 500 volunteers
contribute an astounding 50,000+ hours to assist Town government, at a cost savings to
taxpayers of more than a million dollars.
As a Town of Estes Park volunteer, you will be responsible for adhering to the policies and
procedures found in this manual. We are committed to providing you with the tools you need for
a successful and rewarding volunteer experience.
Thank you for choosing to donate your time to the Town of Estes Park. You are joining an
outstanding team of elected officials, employees and volunteers, working together to achieve
our mission: 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.
4
Tracks in Time: A Brief History of Estes Park
The history of Estes Park begins with the formation of its wild, natural
beauty. About seventy million years ago, massive forces pushed
tectonic plates against one another, creating the remarkable Rocky
Mountains. Over millions of years, huge glaciers carved out local
landmarks such as peaks, meadows and valleys, creating the landscape
we enjoy today.
The first people in the area were ancestors of today’s American Indians.
They stayed in the Estes Valley for the summer to hunt mammoth, giant
bison and other large mammals. In more recent times, the Ute migrated
seasonally from what is now North Park, using the land as a summer
hunting ground. Other Native American tribes also came to the area seasonally; howewver, the
hunting bounty could sustain only two tribes at a time. From oral histories of the Arapaho, we
know they inhabited the land prior to the arrival of Anglo settlers. Fur-trapping mountain men
and Anglo explorers more than likely also came to the area, but they left behind almost no
written accounts.
William Byers, founding editor of the Rocky Mountain News,
gave the name “Estes Park” to the area to honor Joel Estes.
Arriving in 1859, Estes settled here with his family to raise cattle
until 1866, when he moved to seek a more favorable climate.
In the 1870s, surveys of Estes Park brought homesteaders to the
area who attempted farming, ranching, logging and mining. Most
of the early ranchers (such as Evans, MacGregor, James, and
Sprague) found it more profitable to become proprietors. They catered to the growing number of
visitors in the area, lured all the way from Europe by words of beauty and adventure.
After downtown Estes Park was platted in 1905, the village thrived, setting the groundwork for
the town of today. Access to the area was vastly increased with road improvements funded by
the Stanley Hotel owner, F.O. Stanley. At the same time, the natural surroundings were
protected for posterity with the dedication of Rocky Mountain National Park in 1915. The
incorporation of the Town of Estes Park in 1917 formed a local government that assisted with
large ventures like the Colorado-Big Thompson Project, the largest transmountain water
diversion project in Colorado, which was built between 1938 and 1957. The project included the
creation of Lake Estes in 1949. Local, state and national government also helped Estes Park
recover from disasters such as the Big Thompson Flood of 1976 and Lawn Lake Flood of 1982.
Visit the Estes Park Museum to learn more about the people, architecture, and events that
constitute our rich and colorful history.
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Purpose of This Volunteer Manual
Far from a contradiction in terms, “volunteers in government” is the norm in the United States
today. Millions of Americans give of themselves by serving on citizen advisory committees, task
forces, for special events, and much more. In fact, volunteering for government agencies and
departments is the rule, not the exception. All across America, neighbor helping neighbor is still
an ideal.
This manual is intended to provide you with direction, answer your questions, and help you be
more effective in your volunteer work with the Town of Estes Park. The policies and information
in this manual are intended for internal management guidance only, and do not constitute, ether
implicitly or explicitly, a binding contractual or personnel agreement. The volunteer coordinator
in your specific department will work with you on the purpose, duties, and required qualifications
of your particular assignment. To provide volunteers with an understanding of direction for the
Town of Estes Park, please find the Vision, Mission and Guiding Principles adopted by the
Estes Park Town Board in 2012.
Town of Estes Park Vision
The Town of Estes Park will enhance our position as a premier mountain resort community.
Town of Estes Park 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:
Maintain and strengthen our economic vitality
Provide services which are responsive, sensitive, and reliable
Preserve our unique character and history
Sustain a family-friendly community for our citizens and visitors
Consider the impact of our actions on the environment
Support diverse, affordable housing
Enhance recreational and cultural opportunities
Employ and maintain a professional, innovative, and productive team
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Town Organizational Chart
7
Town Volunteer Groups
I. Town Board-Appointed Volunteers (Standing Committees and Boards)
Openings for Town Board-appointed standing committee and board volunteer
positions and their appointed alternates are announced in the newspapers and
on the Town website. Applications are processed through the Town’s Human
Resource office. The applications are forwarded to the appropriate department
for follow-up. Appointments are made by the Town Board at a public meeting.
Volunteer descriptions are located in Appendix B.
1) Estes Park Building Codes Board of Appeals
The Board of Appeals is an appellate board appointed by the Town Board to
hear and decide appeals of orders, decisions or determinations made by the
Chief Building Official pursuant to the International Building Code as
amended and adopted by the Town of Estes Park. The Board of Appeals
currently has three members serving two-year terms. Contact Alison Chilcott
at achilcott@estes.org.
2) Estes Park Building Authority
The Building Authority is a nonprofit corporation set up by the Town to
facilitate improvements to the Estes Valley Recreation and Parks District
through the use of Certificates of Participation. This committee meets once a
year to elect officers and to approve payments. Currently there are five
members serving three-year terms, including the Town Administrator, Town
Finance Officer, and three citizens. Contact Steve McFarland at
smcfarland@estes.org.
3) Creative Sign Design Review Board
As part of the newly-revised sign code, in 2011 the Town of Estes Park
established a five-member Creative Sign Design Review Board. The Creative
Sign Program provides flexibility in the application of the sign code, and
encourages high-quality materials and workmanship for signs that make a
positive visual contribution to the community, are of unique design, and
exhibit imagination and inventiveness. The Creative Sign Design Review
Board is responsible for reviewing Creative Sign Program applications, sign
variance applications, and appeals of staff sign code decisions. Appointees
must reside within Town limits. Contact Alison Chilcott at achilcott@estes.org.
4) Estes Park Housing Authority
The Estes Park Housing Authority (EPHA) is a nonprofit organization
committed to providing affordable housing to low- and moderate-income
citizens of Park School District R-3. Per the bylaws, five board members
serve in a volunteer capacity, each for a five-year term. Board member
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responsibilities include active involvement as an advocate for EPHA in the
community, assisting in retention and development of housing opportunities,
examining policies, procedures and financial reports, and performance review
of the executive director. Board members must reside within Park School
District R-3. Contact Rita Kurelja at rkurelja@estes.org.
5) Estes Park Local Marketing District Board
A Local Marketing District (LMD) is an organization formed for the purpose of
advertising, marketing, and promoting tourism within the service area. The
Estes Park Local Marketing District was created in 2008 after voter approval.
Five board members are appointed by the Town Board; two by the Larimer
County Commissioners. Members must live within the designated district in
Larimer County. Visit www.marketestes.org for current information.
6) Estes Park Tree Board
The mission of the Tree Board is to “protect and promote trees for the present
and the future.” When the Town of Estes Park became a Tree City USA in
1997, the Town Board created the Tree Board. In addition to advising the
Town Board on matters of public safety, the Tree Board works to help
residents appreciate the value of trees, maintain the health of their own trees,
and add to the beauty of the Estes Valley by planting trees as gifts or
memorials. The Tree Board sponsors an Environmental Stewardship Award
and Tree Symposium. The board has six members who serve four-year
terms. Contact Russ Franklin at rfranklin@estes.org.
7) Estes Valley Board of Adjustment
The Estes Valley Board of Adjustment is a joint Town/County board that
reviews variance requests within the Estes Valley. The board consists of five
appointed members. Two members are appointed by the Larimer County
Commissioners; three members are selected by the Town Board; one
alternate member is jointly appointed by the Board of County Commissioners
and the Town Board. Members must reside in their respective areas of the
Estes Valley. Interested residents are encouraged to participate in the Town's
Citizens Information Academy. Contact Alison Chilcott at achilcott@estes.org.
8) Estes Valley Library District Board
A board of seven trustees governs the Estes Valley Public Library District.
The board adopts and oversees the budget, bylaws and policy; conducts
strategic planning; and hires and evaluates the library director. It delegates
authority and accountability to the library director, who operates under
policies set by the board. Trustees are volunteers jointly appointed by the
Town Board and Larimer County Commissioners for staggered terms of four
years. Contact Claudine Perrault at cperrault@estesvalleylibrary.org.
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9) Estes Valley Planning Commission
The Estes Valley Planning Commission is a joint Town/County commission
that reviews development proposals and subdivision proposals within the
Estes Valley. The commission consists of seven appointed members. Four
members are appointed by the Larimer County Commissioners; three
members are selected by the Town Board. Members must reside in their
respective areas of the Estes Valley. Interested residents are encouraged to
participate in the Town's Citizens Information Academy. Contact Alison
Chilcott at achilcott@estes.org.
Town Department Volunteers
Volunteers assist two Town departments, the Community Services Department
and the Police Department, on a regular basis or as needed. Assistance is
provided by groups affiliated with those departments, and by individuals working
on particular tasks. Descriptions are located in Appendix B.
Community Services Department
The Community Services Department provides non-traditional government
services including recreational, cultural, educational, and visitor assistance
services to increase Estes Park’s economic strength and community well-being.
Community Services Department divisions which utilize volunteers include the
Estes Park Museum, the Estes Park Senior Center, the Fairgrounds/Events
Division, and the Visitor Services Division.
ESTES PARK MUSEUM
The Estes Park Museum collects, interprets and preserves local history, as well
as presents exhibits, programs and events, for the education and benefit of
residents and visitors of all ages.
1) Estes Park Museum Friends & Foundation, Inc.
The Estes Park Museum Friends & Foundation, Inc. is a non-profit organization
with a mission to “ensure that the Estes Park Museum is the premier local history
museum in Colorado.” Contact Elaine Hunt-Downey at ehunt-
downey@estes.org.
2) Other Museum Volunteers
Volunteers aid staff in the areas of research, exhibit preparation, collections
management, front desk assistance, and seasonally at the Historic Fall River
Hydroplant. Contact Alicia Mittelman at amittelman@estes.org.
ESTES PARK SENIOR CENTER
The Senior Center’s mission is “to involve and inform Estes Park area seniors
and enrich their lives by providing a comprehensive range of programs and
opportunities.”
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1) Estes Park Senior Citizens Center, Inc.
Estes Park Senior Citizens Center, Inc. is a non-profit organization with a mission
to work cooperatively with the Town of Estes Park to meet the needs of area
seniors. Contact Lori Mitchell at lmitchell@estes.org.
2) Meals on Wheels Drivers
Meals on Wheels is a home delivery program serving homebound and older
adults in the Estes Valley. Volunteers use their own vehicles to deliver meals
Monday through Friday at noon. A training manual is provided by Senior Center
staff. Contact Lori Mitchell at lmitchell@estes.org.
3) Other Senior Center Volunteers
Volunteers assist staff with programs and at the reception desk. Contact Lori
Mitchell at lmitchell@estes.org.
FAIRGROUNDS/EVENTS
The Fairgrounds and Events staff plans and organizes Town-sponsored events,
provides support for users of Town facilities, and coordinates scheduling of
activities at a number of locations.
1) Estes Park Western Heritage, Inc.
The purpose of Estes Park Western Heritage Inc. (EPWH), a nonprofit
corporation, is to promote the western culture and preserve the western
heritage of the Estes Valley by producing and supporting activities for the
education and enjoyment of its residents and visitors. EPWH provides
support for the Rooftop Rodeo and the Rooftop Royalty Scholarship Fund.
Contact membership@rooftoprodeo.com.
2) Elk Fest Committee
Elk Fest is an annual event that features elk bugling, competitions,
educational areas, seminars, and guided elk tours. It includes food and art
vendors as well as entertainment such as musical acts, Native American
dancing and storytelling, and a Mountain Man Rendezvous. Contact
events@estes.org.
3) Wool Market Volunteer
Wool Market is a multi-day fiber festival which includes workshops, exhibits,
demonstrations, competitions and vendor booths. Featured attractions
include a children’s area, sheep dog herding and sheep shearing
demonstrations, sheep, llama, alpaca, cashmere and angora goat
competitions, fleece contests, and more than fifty vendor booths. Contact
events@estes.org.
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VISITOR SERVICES
Visitor Services provides visitors and residents with information about current
events, lodging, restaurants, museums, tours, businesses and activities.
1) Ambassadors of Estes Park
The mission of the Ambassadors is “to provide a warm welcome along with
providing, to the best of our knowledge, accurate information to visitors to
help them to have an enjoyable and memorable time in the Estes Valley.”
Approximately seventy-five volunteer Ambassadors assist at the Visitor
Center front desk year-round. Staff and Ambassadors provide training.
Contact Teri Salerno at tsalerno@estes.org.
Estes Park Police Department
The Estes Park Police Department provides police protection and other public
safety programs for the Estes Park area and its citizens, and provides assistance
to the Larimer County Sheriff's Department, Colorado State Patrol, and Rocky
Mountain National Park as requested by each agency.
1) Estes Park Police Auxiliary
The Police Auxiliary exists to support and enhance the services provided to
the community by the Estes Park Police Department. Auxiliary Police serve
as volunteer “eyes and ears,” performing a variety of tasks including vehicle
and pedestrian traffic control, foot patrol of the downtown, investigations,
fingerprinting, special events assistance and administrative tasks. Positions
include Auxiliary Member, Chaplain, and Front Window/Customer Service
Volunteer. Candidates must complete the Citizen’s Police Academy as well
as twenty hours of Police Auxiliary Training. Contact Amanda Nagl at
anagl@estes.org.
2) Estes Valley Restorative Justice Partnership
The Estes Valley Restorative Justice Partnership exists to reduce crime and
disorder by applying the principles of Restorative Justice such as repair of
harm to victim and community, and enhanced empathy and understanding
among participants. Volunteers in the Community Circle program are
witnesses to or victims of a crime or event, or serve as a support for a victim
or witness. They are called to participate with the transition of offenders back
into the community. Contact RestorativeJustice@estes.org.
II. Ad Hoc Committee Appointees
The Town Board appoints special or ad hoc committees to work on specific
problems or tasks. Usually the committee exists on a temporary basis and is
dissolved when the task is completed.
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Volunteer Operational Policies and Procedures
Volunteers are responsible for adhering to Town of Estes Park policies and procedures, and the
policies and procedures of the departments in which they work. These are the same expectations
outlined for Town employees. The purpose of these policies and procedures is to provide overall
guidance and direction to management, staff, and volunteers. Specific examples can be found in
Appendix C.
1) Volunteer Recognition
The Town of Estes Park appreciates the many hours of service our volunteers
provide. We want to be sure they know how valuable they are to the
organization. Each year, a recognition event is held for all Town of Estes Park
volunteers and the staff who work with them. The event is sponsored by the
mayor and coordinated by Town staff.
At the event, the Town presents the Estes Park Pride Awards for Estes Park
Volunteer of the Year, Volunteer Group of the Year, Business Person of the
Year, and Teacher of the Year, and the Estes Park High School Student Pride
Scholarship. Pride Awards are not limited to Town of Estes Park volunteers.
Anyone can make a nomination or be nominated for an award; residency within
Town limits is not required.
2) Volunteer Liability and Indemnification
As a public entity, the Town of Estes Park carries property and liability insurance for
all of its employees and volunteers. All Town of Estes Park volunteers are afforded
liability protection from legal claims when volunteers perform their defined duties
within the scope of the Town’s policies and the policies for the departments in which
they volunteer.
Defining roles and responsibilities is extremely important with regard to Town and
volunteer liability. The Colorado Governmental Immunity Act (CGIA), which governs
the liability of the Town, its employees, agents, and volunteers, defines public
employee to include an authorized volunteer. An authorized volunteer means a
person who performs an act for the benefit of the public entity (the Town) at the
request of and subject to the control of the Town. The CGIA further provides that the
Town shall be liable for the cost of defense of any of its public employees and
payment of all judgments and settlements of the claims against any public employee,
where the claim against the public employee arises out of injuries sustained from an
act or omission of the scope of his/her employment, except where such act or
omission is willful and wanton. All authorized volunteers have this same protection as
they are considered public employees pursuant to the CGIA.
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There are two types of volunteer groups within the Town of Estes Park: 1)
Incorporated volunteer organizations; and 2) Non-incorporated volunteer
organizations. The incorporated volunteer organization enters into an annual Inter-
Governmental Agreement (IGA) with the Town of Estes Park. Included within the IGA
is a release of liability and indemnification clause that the board president or chair is
authorized to sign on behalf of the membership. All other volunteers are required to
sign individual release of liability and indemnification waivers (see Appendix A).
The Town insures its activities through participation in the Colorado
Intergovernmental Risk Sharing Agency (CIRSA). This is a municipal self-insurance
pool which provides insurance coverage to the Town, liability management
consultation, and cost-effective insuring agreements with third party insurance
companies. It is strongly recommended by CIRSA that the Town enter into
agreements with volunteer entities defining the scope of those volunteer
organizations’ activities and responsibilities, including the release of liability and
indemnification clause, and also obtain indemnification and liability waivers from
individual volunteers not working under the auspices of an incorporated volunteer
organization.
In no way is the release of liability and indemnification language designed to restrict
the Town’s liability for volunteer activities. Rather, the purpose of the language is to
provide both the Town and the volunteers assurance that, if they abide by the terms
and conditions of their defined duties, they are covered for and immune from liability
for any of their acts or omissions, including any negligent act or omission, pursuant to
the terms and conditions of the Colorado Governmental Immunity Act.
3) Volunteer Application, Selection and Background Checks
To ensure a safe environment exists for Town volunteers, Town employees and
citizens, anyone interested in becoming a Town volunteer is required to undergo an
application and selection process. In addition, a background check, to be
administered by Human Resources, will be required for any volunteer whose duties
encompass: 1) handling money; 2) working with youth; 3) working with seniors; 4)
operating a motor vehicle as part of Town operations; and/or 5) handling confidential
information. For Town Board-appointed committee and board volunteers, background
checks will be administered for finalists only. All volunteers for the Police Department
are required to undergo a comprehensive background check administered by Police
Department staff.
4) Alcohol and Drugs
The use of alcoholic beverages or non-medicinal drugs by a Town volunteer while on
duty is prohibited.
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5) Vehicle Usage
Those who will be driving their own vehicles while volunteering for the Town must
annually provide proof of insurance and proof of a valid Colorado driver’s license with
a good driving record. Under no circumstances will privately-owned vehicles be
fueled at Town pumps. Under certain circumstances non-Town employees may
operate Town vehicles. The volunteer should consult his/her supervisor for
guidelines.
In the event a volunteer is in an accident involving a vehicle while performing
volunteer duties, the volunteer will immediately contact the Estes Park Police and the
volunteer’s supervisor. The volunteer should request that all parties to the accident
remain at the scene until a law enforcement representative releases them. The
volunteer must report the accident to his/her supervisor as soon as possible, but no
later than twenty-four hours. Volunteers should refrain from discussion of the accident
with anyone other than the investigating police officer, appropriate Town officials,
representatives of the insurance company designated by the Town, and/or
representatives of the volunteer’s own insurance company. If towing is required, the
volunteer must contact his/her supervisor for prior authorization. Town vehicles may
not tow personal vehicles; therefore, a commercial towing business must be
contacted and the bill submitted to the volunteer’s supervisor.
6) Harassment
The Town of Estes Park is committed to a workplace free from harassment. Each
employee and volunteer has the right to work in a professional atmosphere which
promotes equal opportunities and prohibits discriminatory practices, including
harassment based upon age, disability, religion, national origin, or sex. At the Town,
sexual harassment, whether verbal, physical, or environmental, is unacceptable and
will not be tolerated.
7) Work Place Violence
The Town of Estes Park strives to maintain a work environment free from intimidation,
threats, or violent acts. This includes, but is not limited to, intimidating, threatening or
hostile behaviors; physical abuse; vandalism; arson; sabotage; use of weapons;
bringing weapons into the workplace; or any other act, which in management’s
opinion, is inappropriate to the workplace.
8) Volunteer Safety
Volunteers have a responsibility to understand and follow all Town rules and safety
standards; become familiar with the safe and proper use of equipment; and operate
all equipment in a safe and careful manner. Volunteers should contact their
supervisors if unfamiliar with how to perform a task or to use a piece of equipment
safely.
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Volunteers must report unsafe working conditions to their supervisors immediately.
Volunteers should contact their supervisors for the location of first aid and automatic
external defibrillator (AED) stations.
If an accident occurs, the volunteer must immediately report it to his/her supervisor. If
medical treatment is needed, the Town of Estes Park has designated the Timberline
Medical Center and Family Medical Center as the providers of treatment for all work-
related illnesses and injuries. Any Town volunteer who is injured on duty must seek
treatment at one of these locations. If neither center is open, treatment may be
obtained at the Estes Park Medical Center Emergency Room.
9) Emergency Cases
In cases of life-or-limb injuries, volunteers are required to obtain treatment at the
Estes Park Medical Center. A physician will be assigned to the case and all
paperwork will be done at the center. The volunteer will receive a pink copy of the
medical center form. This is to be turned in to the supervisor, who submits it to the
Town’s Human Resource office.
10) No Pain Injury
If a volunteer has been injured on duty, even if there is no pain at the immediate time
of the accident, it must be reported to the supervisor and a first report of injury form
must be filed. This protects the Town and volunteer in the event that an injury
develops into something larger at a future date. It is safer to report an injury and have
a claim number assigned, than to wait and possibly jeopardize the volunteer’s
benefits later on. The volunteer’s supervisor must submit the first report of injury form
to the Town’s Human Resource office within twenty-four hours.
11) Accidents Involving Others
Should a guest or customer be injured during a volunteer shift, the volunteer should
follow these guidelines:
a. Do not leave the victim unattended.
b. Notify the supervisor immediately and medical personnel as needed.
c. Attend to the victim only to the level of current emergency medical certification.
d. Use appropriate precautions (such as gloves and masks). Gloves must be worn
when blood or other body fluids are present.
e. Do not administer medication of any kind.
f. Do not perform any surgery, including microsurgery (the use of tweezers).
g. Do not attempt to diagnose the illness or injury.
h. After the victim has been stabilized or transported, fill out the Notification of Injury
form (Appendix A) and give it to the supervisor. This is mandatory.
i. Do not release any information regarding the incident to anyone other than the
supervisor, police or paramedics.
j. Additional information on emergency procedures is available from the supervisor.
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12) Scheduling and Meetings
For some volunteers, particularly those not appointed by the Town Board, the staff
supervisor will coordinate the work schedule. In some departments, this is done
through volunteer schedulers. The volunteer informs the scheduler of availability.
Once the schedule is set, it is the volunteer’s responsibility to either be at the shift, or
find another qualified volunteer to substitute.
In addition to regular work shifts, volunteers may be asked to attend trainings and
meetings throughout the year. It is important to attend these meetings. They provide
volunteers with the chance to get information about Town of Estes Park activities,
review issues, and provide feedback about the areas in which they work. All
volunteers are encouraged to attend the Town of Estes Park’s Citizens Information
Academy when available. This thirty-hour course provides volunteers with invaluable
information concerning Town operations and Town government.
13) Uniforms and Protective Personal Gear
Some volunteers are expected to wear uniforms and nametags, if provided,
whenever they volunteer. If protective personal gear is assigned, it is to be worn as
required. For non-uniformed volunteers, dress and grooming should be appropriate
for the position and duties.
14) Electronic Media Access Policy
Volunteers authorized to use Town computers must adhere to the Town’s Electronic
Media Access Policy. The purpose of this policy is to ensure that users of the Town of
Estes Park’s email, internet, voice mail, electronic facsimile (fax), bulletin boards and
electronic subscription services are aware of privacy, security, public records, and
legal issues related to the usage of the Town’s systems, and to ensure that requests
for information stored in the aforementioned formats are complied with as provided by
law. See Appendix C for the full policy.
15) Volunteer Conduct
Volunteers will conduct themselves, at all times, in a manner which reflects favorably
on the Town. See Appendix C for pertinent Town policies and procedures. Failure to
follow Town policies and procedures could result in the immediate suspension of
Town volunteer privileges. The Town reserves the right to terminate a volunteer
without cause.
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Appendix A: Volunteer Forms
Volunteer Release of Liability and Indemnification
VOLUNTEER ACTIVITIES
RELEASE AND INDEMNIFICATION - TOWN OF ESTES PARK
I. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT: PARTICIPANT
MUST READ CAREFULLY BEFORE SIGNING
In consideration for being permitted to perform the below-described volunteer activities for the Town
of Estes Park, I hereby acknowledge, represent, and agree as follows:
A. I understand that said activities are or may be dangerous and do or may involve risks of
injury, loss, or damage. I further acknowledge that such risks may include but not be limited to bodily
injury, personal injury, sickness, disease, death, and property loss or damage. I acknowledge that such
risks may arise from a variety of foreseeable and unforeseeable circumstances connected with my
volunteer activities, including but not limited to the following:
Activities to be performed: _______________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Risks of such activities include but are not limited to: __________________________________
______________________________________________________________________________
______________________________________________________________________________
By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby expressly assume
all risk of injury, loss, or damage to me arising out of or in any way related to the above-described
activities, whether or not caused by the act, omission, negligence, or other fault of the Town, its
officers, employees, agents, volunteers, or by any other cause.
By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby waive, exempt,
release, and discharge the Town, its officers, employees, and/or volunteers from any and all claims,
demands, and actions for such injury, loss, or damage, arising out of or in any way related to the
above-described activities, whether or not caused by the act, omission, negligence, or other fault of the
Town, its officers, employees, volunteers, or by any other cause, excepting only the willful and
wanton conduct of the Town’s officers or employees.
______________ (Participant initials here)
______________ (If Participant is under 18 years old, Parent initials here)
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B. I agree to defend, indemnify and hold harmless the Town, its officers, employees, insurers,
and self-insurance pool, from and against all liability, claims, and demands, including any third party
claim asserted against the Town, its officers, employees, insurers, or self-insurance pool, on account of
injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury,
sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, in any way
related to, any act, omission, negligence, or other fault of myself arising from any act or omission
occurring outside the performance of my authorized volunteer duties (scope of my employment).
______________ (Participant initials here)
______________ (If Participant is under 18 years old, Parent initials here)
C. I hereby acknowledge and agree this RELEASE AND INDEMNIFICATION
AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of
Colorado. If any portion hereof is held invalid, it is further agreed that the balance shall,
notwithstanding, continue in full legal force and effect. I further understand and acknowledge that the
Town, its officers, and its employees are relying on, and do not waive or intend to waive by any
provision of this RELEASE AND INDEMNIFICATION AGREEMENT, the monetary limitations
(presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as
amended, or otherwise available to the City/Town, its officers, or its employees.
D. I understand and agree that this RELEASE AND INDEMNIFICATION AGREEMENT
shall be governed by the laws of the State of Colorado, and that jurisdiction and venue for any suit or
cause of action under this Agreement shall lie in the courts of Larimer County, Colorado.
E. This RELEASE AND INDEMNIFICATION AGREEMENT shall be effective as of the
date set forth below and shall be binding upon me, my successors, representatives, heirs, executors,
assigns, and transferees.
______________ (Participant initials here)
______________ (If Participant is under 18 years old, Parent initials here)
II. PARTICIPANT SIGNATURE AND DATE:
Participant - Print Name:_______________________
Participant’s Signature:________________________
Date of Signature:__________________
III. IF PARTICIPANT IS UNDER 18 YEARS OLD, PARENT SIGNATURE AND DATE:
By initialing above and signing below, I acknowledge that I am the parent of the above-named
Participant as the term “parent” is defined in C.R.S. Section 13-22-107(2)(b), and I hereby waive and
release any prospective claim of the Participant against the Town, its officers, and its employees for
negligence, to the extent provided in C.R.S. Section 13-22-107(3) & (4), in connection with the above-
described activities.
Parent - Print Name:_______________________
Parent’s Signature:________________________
Date of Signature:__________________
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Volunteer Written Notification of Injury
20
Police Background Check
21
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Town of Estes Park Volunteer Application
Position Applied For: ___________________________________________________
INSTRUCTIONS: Please complete this application in its entirety. Type or print legibly and accurately. No
action will be taken on this application until all questions have been answered. If the space provided is
not adequate, add another page and identify the additional information by item number. Resumes may
be submitted as additional detail but not in place of information requested.
Name (Last, First, Middle)
Other names by which you are (or have been) known:
Mailing Address (include City, State, Zip):
Home Address (if different than mailing address):
How long have you resided at the address listed?
Prior address(es) and length of residence if you’ve lived at the address listed above for less than 4 years:
Home Phone: Cell Phone: Email Address:
Current Employer: Address of Current Employer:
Current Position: Length of Current Employment:
Are you 18 years of age or older? Yes No How did you hear about this position?
If previously employed by the Town of Estes Park, list dates and position(s):
Do any relatives work for the Town of Estes Park? Yes No List Name(s) and Relationship:
Highest Grade Completed: College and Degree/Major: Trade School or
Licenses/Certifications:
Are you currently serving on another Town of Estes Park Board or Committee? Yes No List:
To insure a safe environment exists for Town volunteers, Town employees and citizens, anyone interested in
becoming a Town volunteer is required to undergo an application and selection process. In addition, any
volunteer who will 1) handle money; 2) work with youth; 3) work with seniors; 4) operate a motor vehicle as
part of Town operations; or 5) handle confidential information will be required to undergo a background check
to be administered by the Town’s Human Resources. All volunteers for the Police Department are required to
undergo a comprehensive background check administered by the Police Department. For Town Board‐
appointed Board or Committee applicants, background checks will be administered for finalists only.
FOR OFFICIAL USE ONLY:
Date Received_________
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TO BE COMPLETED BY STAFF:
This position involves one or more of the following and therefore requires a background check:
Handling Money Working with Youth Working with Seniors Operating a Motor Vehicle as part
of Town operations Handling Confidential Information Volunteering for the Police Department
Please read the following, date and sign this application. Date of Birth and Social Security Number are
required to conduct the criminal background check. I certify that the facts and statements contained in
this volunteer application and background check are true and correct. I further understand that false
statements shall be sufficient cause for rejection of this application. I further certify that I have not been
convicted of a felony under the laws of Colorado or in another jurisdiction. If required for this position, I
authorize the Town of Estes Park to conduct a criminal background investigation with the understanding
that any felony conviction found will become a matter of public record. I further understand and
acknowledge my rights under federal privacy laws, including the Privacy Act of 1974 with respect to
access and disclosure of information, and hereby waive such rights with the understanding that any and
all information furnished will only be used in connection with consideration of this application. If I
become a board member, this form will be valid for the period of my term.
Signature: ___________________ Date: __________ DOB:___________ SS#____________________
November 2, 2011
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Appendix B: Volunteer Descriptions
I. Town Board-Appointed Volunteers
1) Estes Park Building Codes Board of Appeals
General:
The Estes Park Building Codes Board of Appeals consists of five volunteer
members who serve staggered five-year terms. All members are appointed by
the Town Board.
Authority:
The Estes Park Building Codes Board of Appeals is established by the adoption
of the International Building Codes. The Estes Park Building Codes Board of
Appeals exercises the authority given to them by the Town Board, as described
in the 2009 International Building Code, as summarized below:
1. The Board of Appeals shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretation of the International Building Codes and/or of the Town
floodplain regulations contained within the Estes Park Municipal Code.
2. The Board of Appeals shall determine if the intent of the codes or the rules
legally adopted thereunder has been incorrectly interpreted, the provisions of
the codes do not fully apply, or if an equally good or better form of
construction has been proposed.
3. The Board of Appeals shall not have the authority to waive requirements of
the codes. (From 2009 IBC SECTION 113 BOARD OF APPEALS)
ESSENTIAL FUNCTIONS
The primary functions of the Building Codes Board of Appeals are:
1. Quasi-Judicial
a. In accordance with the International Building Code, to make quasi-judicial
decisions on appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of the
International Building Codes and/or of the Town floodplain regulations
contained within the Estes Park Municipal Code.
2. Legislative
a. To make recommendations to the Town Board for amendments to the
International Building Codes, with policy direction from the Town Board.
3. Policy/Advisory
a. To forward all decisions and findings in writing to the appellant with a
duplicate copy to the building official.
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Duties:
1. Be prepared for, attend, and participate in appeals of orders, decisions or
determinations made by the building official.
2. Review appeals and research the codes to determine the correct application
and intent.
3. Have a general knowledge of the 2009 International Building Codes and the
Municipal floodplain regulations.
4. Have an awareness of, and willingness to understand, community values, the
role of local government, and the social and economic characteristics of the
Estes Valley.
5. Provide open public processes that respect due process for all stakeholders.
6. Represent and serve the Town of Estes Park.
Additional Duties:
1. May serve as chair or vice-chair and fulfill roles described in the International
Building Code.
2. May attend conferences and/or training sessions to develop in the role of a
board member.
3. May attend other public meetings as deemed necessary.
Skills and Abilities:
The Board of Appeals shall consist of five individuals, one from each of the
following professions or disciplines:
a. Registered design professional with architectural experience or a builder or
superintendent of building construction with at least ten years' experience,
five of which shall have been in responsible charge of work.
b. Registered design professional with structural engineering experience.
c. Registered design professional with mechanical and plumbing engineering
experience or a mechanical contractor with at least ten years' experience,
five of which shall have been in responsible charge of work.
d. Registered design professional with electrical engineering experience or an
electrical contractor with at least ten years' experience, five of which shall
have been in responsible charge of work.
e. Registered design professional with fire protection engineering experience or
a fire protection contractor with at least ten years' experience, five of which
shall have been in responsible charge of work.
The Town Administrator shall designate a qualified clerk to serve as secretary to
the board. The secretary shall file a detailed record of all proceedings in the
office of the Town Administrator.
Residency:
There are no residency requirements to serve on the Building Codes Board of
Appeals.
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Restrictions:
1. No member of the Town Board or employee of the Town shall serve on the
Building Codes Board of Appeals.
2. A member shall not hear an appeal, in which that member has a personal,
professional or financial interest.
Term:
The Board of Appeals shall consist of persons appointed by the Board of
Trustees of the Town of Estes Park as follows:
1. One for five years; one for four years; one for three years; one for two years;
and one for one year.
2. Thereafter, each new member shall serve for five years or until a successor
has been appointed.
Minimum Time Requirement:
The board shall meet upon notice from the chairperson, within forty-five (45)
calendar days after the filing of an appeal, or as soon as possible thereafter
given the availability of the Board of Appeals members for the appeals hearing,
or at stated periodic meetings.
Working Conditions/Physical and Mental Effort:
This position primarily conducts business indoors (95%) completing tasks such
as reading and reviewing applications, and participating in public meetings and
hearings. This position requires a lengthy attention span and involves sitting
(95%), walking and standing (5%). Site visits can involve inclement weather
conditions and inspecting unimproved land.
2) Estes Park Building Authority
General:
The Estes Park Building Authority (EPBA) is a 501(c) (3) nonprofit organization
created by the Town of Estes Park Board of Trustees in December, 1989. The
purpose of the EPBA is to provide the Town with additional options to finance
capital improvements projects and equipment purchases. The board has three
citizen members and two Town staff. Staff members include the Town
Administrator and Town Finance Officer.
Restrictions:
Directors must be Estes Park residents.
Term:
The director term of office is three years.
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Time Requirement:
There is to be at least one annual meeting, and special meetings may be called
as needed.
3) Creative Sign Design Review Board
General:
The Creative Sign Design Review Board consists of five volunteer members who
serve staggered three-year terms. All members are appointed by the Town of
Estes Park Board of Trustees, including an alternate member.
Authority:
The Creative Sign Design Review Board was established by the Board of
Trustees in 2010. The Creative Sign Design Review Board exercises the
authority given to them by the Town Board, as described in Estes Park Municipal
Code Chapter 17.66 Signs, i.e., Sign Code.
ESSENTIAL FUNCTIONS
The commissioners shall perform the duties, responsibilities, and obligations set
forth in the Estes Park Municipal Code. The essential functions of the Creative
Sign Design Review Board are:
1. Quasi-Judicial
a. To hear Creative Sign Program requests.
b. To hear requests for variances from provisions of the Sign Code.
c. To hear appeals of staff decisions when the owner of a sign believes a
decision, ruling, or order is factually or legally contrary to the Sign Code.
4) Estes Park Housing Authority
Duties:
The directors’ responsibilities include active involvement as advocates for the
Estes Park Housing Authority (EPHA) in the community, assisting in the retention
and development of housing opportunities. The Board of Directors is also
responsible for assisting and directing staff in developing and assessing housing
policies and procedures, and for investigating additional opportunities as they
may arise.
Supervision Received:
Works under the direction of the Housing Authority Board President and
guidance of the Executive Director of the Estes Park Housing Authority.
Supervision Exercised:
General oversight of the Executive Director.
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ESSENTIAL FUNCTIONS
The following are essential functions. The duties listed are not intended to be an
exhaustive list of responsibilities or qualifications. As volunteers, the Board of
Directors will need the ability to discern and perform other duties as requested
and as program design and changes dictate.
Duties:
Performs duties as follows:
1. Follow Estes Park Housing Authority policy and procedures.
2. Enthusiastically promote programs and principles of the Estes Park Housing
Authority.
3. Maintain confidentiality and apply discretion as to when, how, and with whom
personal information is shared regarding clients.
4. Exhibit a high level of tolerance and self-control for a wide range of human
emotion, behavior, and background. Following the Town of Estes Park’s anti-
discrimination policy, treat all people with fairness, respect, and dignity.
5. Dependably perform other duties as assigned by the Housing Authority Board
of Directors, Executive Director or the Town Board of Trustees.
6. Work on individual committees as assigned.
Training:
Annual training on board liability as related to the Board of Directors’ function.
Other trainings as they arise.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Effective communication skills in both written and verbal forms required.
b. Good standing in community, that which does not bring discredit to the Estes
Park Housing Authority.
c. Maintain positive working relationships with board members and staff,
resolving all potential conflicts so that there will be no hindrance in
accomplishing work goals.
d. Ability to work effectively with widely diverse groups.
e. Effective public speaking skills and abilities.
f. Humbly apply conflict resolution skills in own life and relationships.
g. Maintain phone and email capabilities for communication with staff.
h. Possess ability to multi-task, converse appropriately on the phone and in
person, while demonstrating flexibility and orderliness as it applies to
organization skills and tasks.
Special Requirements:
Ability to deal with information in a confidential manner.
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5) Local Marketing District Board of Directors
General:
The Estes Park Local Marketing District (LMD) consists of seven volunteer
members who serve four-year terms. Two members are appointed by the
Larimer County Board of County Commissioners; five by the Town of Estes Park
Board of Trustees.
Authority:
The Estes Park Local Marketing District was jointly established by the Board of
County Commissioners and the Town Board of Trustees in 2008 following the
filing of a petition with the Town Clerk and Clerk of the Board of County
Commissioners, signed by persons who own commercial real property in the
service area of the proposed district; and approval by the electors of the
proposed district. The Local Marketing District is a separate political subdivision
and a public body politic and corporate of the state. The District is funded by the
levying of a two percent marketing and promotion tax pursuant to the provisions
of Section 29-25-112 C.R.S.
The Local Marketing District Board of Directors exercises the authority given to
them by the Town Board and Board of County Commissioners, as described in
the 2008 Intergovernmental Agreement between the Town and County.
Duties:
The Board shall have all the duties, responsibilities, and obligations set forth in
the Local Marketing District Act, section 29-25-101 et seq. C.R.S., including
responsibility for filing an annual operating plan with the Town and County which
identifies the services to be provided, and the marketing and promotion tax to be
imposed, and which includes a budget.
Mission/Vision/Values:
The Estes Park Local Marketing District mission is to attract visitors to the district
through effective and efficient marketing in order to drive year-round economic
growth. The LMD vision is to be a year-round tourism and group destination that
supports our healthy mountain community with a balance of financial success,
memorable experiences for visitors, and quality of life for our residents and
employees. LMD Values: Accountable, Ethical, Proactive, Respectful,
Responsive, and Transparent.
ESSENTIAL FUNCTIONS
The Local Marketing District allows multi-jurisdictional marketing efforts to
“promote the continued vitality of commercial business areas within local
governments.” The district can provide services for the organization, promotion,
marketing, and management of public events within the district; provide activities
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in support of business recruitment, management, and development; and provide
services coordinating tourism promotion activities. The revenue source for the
district is a marketing and promotion tax which can be used to provide specified
services; the revenue may not be used for any capital expenditures, with the
exception of tourist information centers.
MINIMUM QUALIFICATIONS
Directors should be chosen from a pool of candidates that possess at least one
of the following:
1. Lodging experience in Estes Park.
2. Restaurant experience in Estes Park.
3. Retail experience in Estes Park.
4. Marketing or public relations experience.
5. Tourism and business development experience.
6. Financial background.
In addition, all candidates must possess:
1. Adequate time to devote to the duties.
2. Excellent oral and written communication skills.
3. Effective communication skills and the ability to get along well with other
district board members and staff.
4. The ability to tolerate the inevitable criticism of leadership.
5. The ability to represent their constituents and avoid conflicts of interest.
6. Prior board experience would be helpful.
7. The understanding that success is dependent upon the LMD Board and Town
Board working together.
8. Prior budgeting experience.
9. Knowledge and understanding of the principles of economic development.
Residency:
All appointees shall be residents of the service area of the district for at least one
year prior to the appointment and shall continue to be residents of the service
area during their entire term.
Term:
Each member shall serve a four-year term. Members may serve for more than
one term but no more than two consecutive four-year terms.
Minimum Time Requirements:
One board meeting per month and one work session per month. Additional board
meetings and/or work sessions may be scheduled as required. In the event any
member misses three consecutive regular meetings or a total of four regular
meetings in a calendar year, the Town or the County may remove its appointed
member for neglect of duty and designate a new member to fill the vacancy.
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6) Estes Park Tree Board
General:
The Tree Board’s mission is “to protect and promote trees for the present and the
future.” Trees are an invaluable natural resource. When the Town of Estes Park
became a Tree City USA in 1997, the Town Board recognized the importance of
trees by creating the Tree Board. In addition to advising the Town Board on matters
of public safety, the Tree Board works to help residents appreciate the value of trees,
maintain the health of their own trees, and add to the beauty of the Estes Valley by
planting trees as gifts or memorials. The Tree Board meets at 9 a.m. the first Friday of
the month (September through June) in the Engineering Conference Room.
Authority:
The Tree Board operates under the authority of Town Ordinance No. 23-96, creating
a Town Tree Board to Implement the Tree City Program. The Board consists of six
citizens appointed by the Mayor with Town Board approval, and one Town Board
representative. The term is four years.
Duties:
Performs duties as follows:
1. The Tree Board shall choose its own officers and make its own rules and
regulations for the management of its duties.
2. It shall be the responsibility of the Tree Board to study, investigate, develop and
administer a plan for the care, preservation, planting, replanting and removal of
trees and shrubs in parks, along public streets and rights of way, and in other
public areas of the Town. The Tree Board, when requested by the Town Board,
shall consider, investigate, make findings, report and recommend on any matter
referred to it by the Town Board.
3. The Tree Board may forward to the Town Board recommendations regarding
public tree resources including, but not limited to, the following: Recommended
distance trees may be planted from sidewalks and curb lines; recommended
distances for planting of trees with regard to any street corner or fire hydrant;
recommendations concerning the planting, pruning and maintaining of trees and
shrubs necessary to insure public safety and/or to preserve and enhance the
beauty of public grounds and streets; recommendations concerning any portion of
a tree overhanging any public street or right of way with regard to obstruction of
view or the public safety; recommendations concerning the removal of all dead,
diseased or dangerous trees, broken or decayed limbs which constitute a safety
hazard to the public.
7) Estes Valley Board of Adjustment
General:
The Estes Valley Board of Adjustment consists of five volunteer members who serve
staggered three-year terms. Two members are appointed by the Larimer County
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Board of County Commissioners; three by the Town of Estes Park Board of Trustees.
An alternate member is jointly appointed by the Town and County.
Authority:
The Estes Valley Board of Adjustment was jointly established by the Board of County
Commissioners and the Board of Trustees in 2000. The Estes Valley Board of
Adjustment exercises the authority given to it by the Town Board and Board of
County Commissioners, as described in the 2000 Intergovernmental Agreement
between the Town and County, as summarized below. The Commission shall:
1. Perform the duties, responsibilities, and obligations of the Estes Valley Board of
Adjustment set forth in the Estes Valley Development Code (EVDC); and perform
the statutory responsibilities of the Town and County Board of Adjustment within
the Planning Area.
2. The Estes Valley Board of Adjustment shall hear all variance requests pursuant to
the terms and conditions of the EVDC. (From IGA Section IV.A Authority)
ESSENTIAL FUNCTIONS
The essential functions of the Board of Adjustment are:
1. Quasi-Judicial
a. To hear requests for variances where it is alleged that the provisions of the Estes
Valley Development Code inflict unnecessary hardship and practical difficulties
upon the applicant.
b. To hear appeals of staff decisions made in administering or interpreting the Estes
Valley Development Code. (From EVDC Section 3.6.A Variances – Applicability
and EVDC Section 12.1.C Enforcement and Penalties – Appeals of Final
Decisions by Staff)
8) Estes Valley Library Board
General:
The name of this organization is the Board of Trustees of the Estes Valley Public
Library District, Estes Park, Colorado. The Estes Valley Public Library District was
established by a vote of eligible voters on November 8, 1988. It succeeds the Estes
Park Public Library, a municipal library established by the Estes Park Town Board of
Trustees on January 22, 1968. The Board is composed of seven trustees, appointed
jointly by the Estes Park Town Board of Trustees and the Larimer County Board of
County Commissioners for staggered terms of office.
A trustee term of office is four years. A trustee who has completed two full four-year
terms cannot immediately succeed himself or herself. Vacancies are filled for the
remainder of unexpired terms as soon as possible in the manner in which trustees
are regularly chosen. Appointees to the board shall be at least eighteen years of age
and chosen from the residents within the legal service area of the Library.
Authority:
The Estes Valley Public Library District (Library) Board of Trustees (Board) operates
under the authority of and according to the duties and responsibilities defined in the
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Colorado Revised Statutes (CRS) Title 24, Article 90, Part 1; CRS 24-6-402 (Open
Meetings Law); and other applicable statutes.
Duties:
The Board shall have all the duties, responsibilities, and obligations set forth in the
Estes Valley Public Library District Board of Trustees By-laws, adopted and approved
by the Library Board of Trustees on March 14, 2005 and revised on December 8,
2008 and June 20, 2011, and the Trustee Duties & Code of Ethics Policy adopted
and approved by the Library Board of Trustees on March 14, 2005 and revised on
December 8, 2008 and June 20, 2011. Trustee duties include, but are not limited to,
the following:
1. Understand and be able to articulate the Library’s mission.
2. Prepare for, attend and participate in all Board meetings.
3. Determine or recommend Library policies.
4. Secure adequate funding and practice responsible fiscal management of the
public money.
5. Maintain a positive relationship with the Library Friends and Foundation.
6. Become familiar with state library law and open meetings law.
7. Plan for the future of the Library.
8. Monitor and evaluate the overall effectiveness of the Library.
9. Promote the value of the Library and advocate for the Library in the community.
10. Establish and support a planned program of public relations.
11. Participate in statewide advocacy for library services.
12. Employ a highly qualified Library Director to manage the day-to-day operation of
the Library.
13. Evaluate the director’s performance annually.
ESSENTIAL FUNCTIONS
Essential functions include, but are not limited to, the following:
1. The Board has the responsibility for the supervision, care, and custody of all
property of the Library, including rooms or buildings constructed, leased, or set
apart therefore.
2. The Board shall adopt such by-laws, rules, and regulations for its own guidance
and policies for the governance of the Library as it deems expedient. The Board
shall retain a qualified librarian who shall serve as the Library Director. The Board
shall prescribe the Library Director’s duties and compensation. Upon the Library
Director’s recommendation, the Board shall employ such other employees as
may be necessary.
3. At the close of each calendar year, the Board, with assistance from the Library
Director and staff, shall prepare and make a report to the Estes Park Town Board
of Trustees and the Larimer County Board of County Commissioners showing the
condition of its trust during the year, the sums of money expended, and the
purposes of the expenditures and such other statistics and information as the
Board deems to be of public interest.
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4. The Board shall adopt a budget and make appropriations for the ensuing fiscal
year as set forth in part 1 of article 1 of title 29, CRS, and have exclusive control
and spending authority over the disbursement of Library funds as set forth in
section 24-90-112 (2) (a).
9) Estes Valley Planning Commission
General:
The Estes Valley Planning Commission (EVPC) consists of seven volunteer
members who serve staggered four-year terms. Four members are appointed by
the Larimer County Board of County Commissioners; three by the Town of Estes
Park Board of Trustees.
Authority:
The Estes Valley Planning Commission was jointly established by the Board of
County Commissioners and the Board of Trustees in 1997. The Estes Valley
Planning Commission exercises the authority given to them by the Town Board
and Board of County Commissioners, as described in the 2000
Intergovernmental Agreement between the Town and County, summarized
below. The Commission shall:
1. Have the duties, responsibilities, and obligations of the Town and/or County
planning commissions set forth in the Colorado Revised Statutes, including
responsibility for the Estes Valley Comprehensive Plan; and
2. Perform all the duties and responsibilities of a joint planning commission
pursuant to the provisions of the EVDC.
(From IGA Section III.A Authority and VIII. Duties and Responsibilities)
ESSENTIAL FUNCTIONS
The primary functions of the Planning Commission are:
1. Quasi-Judicial
a. To make quasi-judicial decisions on land use (development) applications
and appeals of administrative (staff) land use decisions within the Estes
Valley Planning area in accordance with the Estes Valley Development
Code.
b. To forward recommendations on land use (development) applications to
the Town Board or Board of County Commissioners in accordance with
the Estes Valley Development Code.
2. Legislative
a. To make recommendations to the Town Board and Board of County
Commissioners on amendments to the Estes Valley Development Code,
with policy direction from the Town Board and the Board of County
Commissioners.
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3. Policy/Advisory
a. To advise the Town Board and the Board of County Commissioners on
matters, including land use planning issues and processes, vision, and
priorities; and to further address such issues as directed by the Town
Board and the Board of Commissioners.
b. To engage in comprehensive planning, as directed by the Town Board
and Board of County Commissioners.
Duties:
1. Be prepared for, attend, and participate in Planning Commission meetings,
including study sessions.
2. Conduct site visits to view property proposed for development.
3. Have a general knowledge of the 2000 Intergovernmental Agreement,
Planning Commission bylaws, Estes Valley Comprehensive Plan, and the
Estes Valley Development Code.
4. Have an awareness of, and willingness to understand, community values, the
role of local government, and the social and economic characteristics of the
Estes Valley.
5. Provide open public processes that respect due process for all stakeholders.
6. Represent and serve the Estes Valley.
Additional Duties:
1. May serve as chair or vice-chair and fulfill roles described in the Estes Valley
Planning Commission bylaws.
2. May attend conferences and/or training sessions to develop in the role of a
Planning Commissioner.
3. May attend other public meetings as deemed necessary.
SKILLS AND ABILITIES
There are no minimum skills and abilities that an applicant must have to be
appointed as a Planning Commissioner; however, the following list has been
identified as those skills and abilities that make a quality Planning Commissioner.
a. Open mindedness, respect, and patience.
b. Willingness to listen and learn.
c. Ability to think in abstract terms.
d. Willingness to contribute, e.g., to speak in a public forum.
e. Ability to compromise and work within a team framework.
f. Ability to balance private benefit with public good.
g. Ability to consider facts related to an individual parcel and the effect of a
development on the surrounding area and community as a whole.
h. A rudimentary understanding of the development process.
i. Ability to read drawings, blueprints, and architectural plans.
j. The ability to sustain harmonious working relationships with other Planning
Commission members, the Town Board, the Board of County
Commissioners, residents, and the public. It is not critical to have training in
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fields such as planning, architecture, law, civil engineering, geology,
economics or demography.
Residency:
1. All appointees of the Town shall be residents of the Town for at least one
year prior to their appointment.
2. All County appointees shall be residents of the unincorporated portion of the
Estes Valley Planning Area for at least one year prior to their appointment.
3. All members shall continue to be residents of their respective areas during
their entire term. A County appointee of the EVPC residing in the area
annexed by the Town may continue to serve the remainder of that member’s
term (IGA III.C Residency).
Restrictions:
No member of the Town Board or Board of County Commissioners may serve as
a member of the Planning Commission.
Term:
Each member shall serve a four-year term (IGA III.B Membership).
Minimum Time Requirements:
A minimum of one Planning Commission meeting per month frequently lasting at
least five hours and meeting preparation time of at least two hours, including site
visits. In the event any member misses three consecutive regular meetings or a
total of four regular meetings in a calendar year, the Town or County may
remove its appointed member.
Working Conditions/Physical and Mental Effort:
This position primarily conducts business indoors (95%), completing tasks such
as reading and reviewing applications, and participating in public meetings and
hearings. This position requires a lengthy attention span and involves sitting
(95%), walking and standing (5%). Site visits can involve inclement weather
conditions and inspecting unimproved land.
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II. Town Department Volunteers
i. Community Development Department
No department volunteers at this time.
ii. Community Services Department
ESTES PARK MUSEUM
1) Estes Park Museum Friends and Foundation, Inc. (EPMF&F)
The purpose of the Estes Park Museum Friends & Foundation, Inc. is to support the
Estes Park Museum’s programs and policies through fund raising activities, the
publication of books and their sale together with other items in the Museum Shop,
and the investment and management of endowments and other properties of funds
received for non-profit purposes. The organization’s mission is to ensure that the
Estes Park Museum is the premiere local history museum in Colorado. The Board of
Directors manages the business of the EPMF&F.
Authority:
The Board of Directors has the general management and control of the Estes Park
Museum Friends & Foundation, Inc. and adheres to a set of bylaws and to a
Memorandum of Understanding (MOU) with the Town of Estes Park.
Qualifications:
The directors shall be members of the Estes Park Museum Friends & Foundation,
Inc. and have an interest in Estes Park history. Members of the Estes Park Museum
Friends & Foundation, Inc. fulfill duties established by the directors.
Term:
The normal term of a director is three years. A director’s term, unless filling a
vacancy, will begin immediately following the August meeting of the Board of
Directors. The board may elect a director to fill an unexpired term.
Duties:
The Estes Park Museum Friends & Foundation, Inc. seeks to further its mission and
the mission of the Museum by providing funds for capital improvements, including
maintenance of such improvements as appropriate, collections acquisitions, and
other appropriate needs as outlined by the Museum Manager and agreed to by the
Board of Directors. The Estes Park Museum Friends & Foundation, Inc. will maintain
and make every effort to expand the membership base and is responsible for
managing its own records such as correspondence and financial reviews and audits.
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ESSENTIAL FUNCTIONS
The following are essential functions. Any one position may not include all of the
duties listed.
Duties:
1. Attend Estes Park Museum Friends & Foundation, Inc. meetings, as assigned per
committee role description.
2. Serve on Estes Park Museum Friends & Foundation, Inc. sub-committees, as
assigned per committee role descriptions.
3. Perform various tasks including, but not limited to:
a) Obtaining any required special events licenses.
b) Shop sales and purchases.
c) Maintaining and expanding the membership base.
d) Creating and delivering Estes Park Museum Friends & Foundation, Inc.
information, publications and Friends to Friends newsletter.
Training:
Receives training, as needed, on various duties related to the Estes Park Museum
Friends & Foundation, Inc. by the Board of Directors.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability
a. Effective communication skills.
b. Knowledge or vested interest in the history of Estes Park.
c. Good standing in the community, that which does not bring discredit to the Estes
Park Museum Friends & Foundation, Inc. or the Town of Estes Park.
d. Ability to maintain positive working relationships with committee members and
Town of Estes Park staff.
Supervision Received:
Works under close supervision of Museum Management.
Supervision Exercised:
The Estes Park Museum Friends & Foundation, Inc. manages its fundraising
volunteers.
Special Requirements:
As required by the Estes Park Museum Friends & Foundation, Inc.
Experience:
As required by the Estes Park Museum Friends & Foundation, Inc.
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2) Other Museum Volunteers
a. Museum Volunteer Research Assistant
Performs professional-level research duties in collections.
Supervision Received:
Works under general guidance and direction of the Museum Curator of
Education/Collections.
ESSENTIAL FUNCTIONS
The following are essential functions. Any one position may not include all of the
duties listed:
1. Performs research to respond to public and internal requests using primary and
secondary sources in the Museum’s collection.
2. Handles all Museum artifacts with regard to proper techniques.
3. Works closely with, and relays results of research to, the Curator of
Education/Collections.
4. Performs related duties as assigned.
b. Museum Exhibits Volunteer
Assists the Museum Manager/Curator of Exhibits as needed. Some tasks/projects
include:
1. Mounting and hanging text panels.
2. Painting walls.
3. Installation of display objects.
4. Construction of object mounts.
5. Rearranging walls and fixtures to accommodate new exhibits.
The Estes Park Museum hosts three to four temporary exhibits per year. These
exhibitions take place in the Main Gallery or the Historic National Park Service
Headquarters building. Typically, two to four weeks are designated for taking down
an existing exhibit and installing a new one. Volunteers are contacted on an “as
needed” basis to help with this process. Volunteers must be able to lift up to 35 lbs.
Carpentry skills are preferred, but not necessary. Creativity is encouraged.
Reports to: Derek Fortini, Museum Manager/Curator of Exhibits
Telephone: 970-577-3761 Email: dfortini@estes.org
c. Museum Collections Volunteer
Assists the Curator of Education/Collections as needed.
Some tasks/projects include:
1. Scanning photographs and documents into a digital format.
2. Taking photographs of objects.
3. Working with the PastPerfect database.
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4. Performing an inventory report on select storage units.
5. Assisting in accessioning new donations.
6. Creating indexes for photograph albums.
Working in the Collections Department of the Museum can take place during staff
office hours, which are generally 8 a.m. to 5 p.m. Monday through Friday. Hours are
flexible and decided upon between the volunteer and curator. Volunteers in
Collections must be able to work independently on a pre-arranged project. Attention
to details is extremely important. There are several types of projects taking place in
Collections. The curator makes every effort to match volunteers with tasks that are
interesting for them. This is an opportunity to physically work with the Museum’s
collection of artifacts that reflect Estes Park’s history.
Reports to: Alicia Mittelman, Curator of Education/Collections
Telephone: 970-577-3762. Email: amittelman@estes.org
d. Museum Front Desk Volunteer
Performs a variety of duties at the Estes Park Museum reception desk.
Responsibilities:
1. Greeting Museum visitors.
2. Providing general information about the Museum and exhibits.
3. Selling books and gifts from the Museum Shop.
4. Using a cash register and a credit card machine.
5. Helping to open or close the Museum.
6. Taking phone messages.
7. Assisting the Museum staff as needed.
The Museum is open May through October every day, Monday through Saturday, 10
a.m. to 5 p.m. and Sunday 1 p.m. to 5 p.m. Two volunteer shifts are needed every
day but Sunday, when there is one four-hour slot. The morning shift runs from 10
a.m. to 1:30 p.m., and the afternoon shift runs from 1:30 p.m. to 5 p.m. Volunteers
should commit to one 3.5-hour shift per week, preferably in the same time slot, but
this is not required. Schedules are set one month in advance. Volunteers must call
the Museum as early as possible if they cannot come in.
Reports to: Alicia Mittelman, Curator of Education/Collections
Telephone: 970-577-3762. Email: amittelman@estes.org
e. Museum Hydroplant Docent
Serves as tour guide for groups who schedule tours of the Fall River Hydroplant.
Responsibilities:
1. Attending docent training.
2. Familiarization with background information.
3. Giving tours to groups at the Hydroplant.
4. Opening and closing the Museum, including setting the alarm.
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5. Assists Museum staff as needed.
6. Selling Hydroplant-related books in the Hydroplant visitor center.
7. Handling cash, checks and receipts.
The Estes Park Museum is looking for individuals interested in the history of
hydropower and the Estes Park area to serve as tour guides for groups who schedule
tours of the Hydroplant. Interested people should enjoy talking to groups. Tour guides
will be responsible for opening and closing the Hydroplant. Training on opening and
closing procedures and history of the Hydroplant and the area will be provided.
Volunteers must be punctual and reliable, and must notify the Museum as early as
possible if they will not be able to give a scheduled tour. The Historic Fall River
Hydroplant is open to the public from the day after Memorial Day through the day
before Labor Day under the guidance of the Estes Park Museum and the Town of
Estes Park. The Hydroplant is open every day but Monday from 1 p.m. to 4 p.m., and
by appointment during the rest of the year.
Reports to: Curator of Education.
f. Museum Hydroplant Volunteer
Provides seasonal staffing of the Fall River Hydroplant.
Responsibilities:
1. Greeting Hydroplant visitors.
2. Providing general information and orientation for the Hydroplant.
3. Making sales using either a cash register or a receipt book.
4. Opening and closing the Hydroplant, including setting the alarm.
5. Answering the telephone.
6. Assisting the Museum staff as needed.
The Historic Fall River Hydroplant is open to the public from the day after Memorial
Day through the day before Labor Day. It is operated by the Estes Park Museum and
owned by Town of Estes Park. The Hydroplant is open every day but Monday from 1
p.m. to 4 p.m. during the season, and by appointment during the rest of the year. The
Estes Park Museum is looking for volunteers who are interested in the history of the
Estes Park area, and enjoy talking to people, to staff the Hydroplant for one three-
hour shift per week. Volunteers will be responsible for opening and closing the
Hydroplant, including arming and disarming the alarm. Training on opening and
closing procedures, and on the history of the Hydroplant and the area, will be
provided. Volunteers must be punctual and reliable, and must notify the Museum as
early as possible if they will not be able to make a shift.
Reports to: Curator of Education
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ESTES PARK SENIOR CENTER
1) Estes Park Senior Citizens Center, Inc.
The purpose of Estes Park Senior Citizens Center, Inc. is to support the Estes Park
Senior Center’s programs and policies through fund raising activities and the
investment and management of endowments or funds received for non-profit
purposes. Estes Park Senior Citizens Center, Inc. participates with the Town of Estes
Park in providing the current physical facility in which senior citizens in the Estes Park
area may meet for social, educational and recreational purposes, and to provide an
organization through which senior citizens may be provided with other appropriate
services. The Board of Directors manages the business and affairs of Estes Park
Senior Citizens Center, Inc.
Authority:
The Board of Directors has the general management and control of Estes Park
Senior Citizens Center Inc. and adheres to a set of bylaws and to a Memorandum of
Understanding (MOU) with the Town of Estes Park.
Qualifications:
The Directors of Estes Park Senior Citizens Center, Inc. must be members of their
Corporation and have an interest in supporting the Estes Park Senior Center and its
programs and services. Directors of Estes Park Senior Citizens Center, Inc. fulfill
dues established by the Board.
Term:
The Board of Directors will consist of at least nine directors and not more than twelve
elected from the Membership at large. Directors will be elected for staggered three
year terms such that approximately one-third of the directors’ terms will expire each
year. Directors will be elected by a majority vote of all members present and voting at
the annual membership meeting. Each director will hold office until his or her
successor has been elected. Directors will be removable in any manner provided by
the Colorado Nonprofit Corporations Act.
General:
Estes Park Senior Citizens Center, Inc. seeks to further its mission and the mission of
the Estes Park Senior Center by providing funds for capital improvements, including
maintenance of such improvements as appropriate, and other appropriate needs as
outlined by the Senior Center Manager and agreed to by the Board of Directors.
Estes Park Senior Citizens Center Inc. is responsible for managing its own records
such as membership, correspondence and financial reviews and audits.
Supervision Received:
Works under close supervision of Senior Center Management.
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Supervision Exercised:
Estes Park Senior Citizens Center, Inc. manages its fundraising volunteers.
ESSENTIAL FUNCTIONS
The following are essential functions. Any one position may not include all of the
duties listed.
Duties:
1. Attend Estes Park Senior Citizens Center, Inc. board meetings and any assigned
committee meetings.
2. Actively participate on Estes Park Senior Citizens Center, Inc. standing or
temporary Committees.
3. All committees will work in cooperation with the Senior Center Management.
4. Perform various tasks including, but not limited to: development of and
participation in fundraising and endowment activities, maintaining and expanding
membership base, and active participation in Senior Center events and
programs.
Training:
Receives training, as needed, on various duties related to Estes Park Senior
Citizens Center, Inc. by the Board of Directors.
Receives training, as needed, on various functions of the Estes Park Senior
Center from the Senior Center Manager.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Effective communication skills.
b. Knowledge or vested interest in working with and serving older adults.
c. Good standing in the community, that which does not bring discredit to Estes
Park Senior Citizens Center Inc. or the Town of Estes Park.
d. Ability to maintain positive working relationships with Estes Park Senior Citizens
Center, Inc. members, board and committee members and Town of Estes Park
staff.
Special Requirements:
As required by the Estes Park Senior Citizens Center, Inc.
Experience:
As required by the Estes Park Senior Citizens Center, Inc.
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2) Senior Center Meals on Wheels Drivers
a. Driver Coordinator
Volunteer utilizes a database of meals on wheels volunteer drivers. Volunteer
maintains coverage for Meals on Wheels delivery routes using database. This
person primarily works from his/her own home computer and telephone.
Supervision Received:
Works under direct supervision of the Senior Center Manager and/or Program
Coordinator.
Supervision Exercised: None.
ESSENTIAL FUNCTIONS
The following are essential functions of the volunteer position. Any one position
may not include all of the duties listed:
1. Assists staff by maintaining the schedule of volunteers who drive for meal
delivery.
2. Utilizes a database of contact information for route drivers.
3. Places and receives phone calls to and from drivers to maintain route
coverage.
4. When MOW Driver Coordinator obtains a substitute, he/she emails the Senior
Center staff with the substitute name, route and day and date. Coordinator
also keeps a paper or written record or calendar of subs as well as keeping
the email record.
5. Acts as a substitute meal delivery driver as able (waived for the volunteer
who meets the other criteria); follows volunteer description for Meals on
Wheels drivers when in that role.
6. Participates in on-going training at Senior Center and via written or email
materials such as training packets and informational updates, and honors
requests for driver’s license and insurance information as needed.
7. Acts as an ambassador for the Town of Estes Park with ethical and
appropriate interactions with clients.
8. Offers ideas for improved instructions for route management.
9. When Coordinator is out of town, he/she notifies Senior Center staff. He/she
also leaves a message on his/her answering machine with instructions for
Meals on Wheels volunteers to call Senior Center staff.
10. Operates a motor vehicle safely and legally.
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MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Ability to safely and legally drive own car and make meal deliveries.
b. Ability to pass a safe driving record history and if needed, pass a background
check.
c. Ability to use own telephone and answering machine, and use own computer
with email/Internet capability.
d. Extremely reliable and organized with good attention to details.
e. Knowledge and interest in senior citizen services and sensitivity to disabled
population needs.
f. Ability to establish and maintain effective relationships with senior adults,
employees, supervisors and the general public.
g. Ability to communicate effectively in English, both verbally and in writing.
Education /Experience:
Any combination of education and experience is considered.
Must have safe driving record.
Time Commitment:
This volunteer position requires approximately one to four hours a week.
b. Driver
Drives own car within the Estes Park area to deliver noon meals on wheels to
customers of the program.
Supervision Received:
Volunteer works under direct supervision of the Senior Center Manager and/or
Program Coordinator.
Supervision Exercised: None.
ESSENTIAL FUNCTIONS
The following are essential functions of the volunteer position. Any one position
may not include all of the duties listed.
Duties:
1. Arrives at Senior Center in own vehicle between 11:00 a.m. and 11:15 a.m.
on assigned route day.
2. Loads coolers and/or food bags into own vehicle and examines route tags for
names of recipients on the routes each day.
3. Follows driver instruction sheet to arrive at destinations; offers ideas for
improved instructions or directions to homes as needed. The volunteer
follows driver instruction sheets and training packets regarding tips for
drivers.
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4. Places call(s) to MOW Driver Coordinator and/or staff in advance to request
substitutes for planned absences.
5. Places call(s) to MOW Driver Coordinator and/or staff to notify of illness or
emergency.
6. Participates as a substitute driver as able.
7. Participates in on-going training at Senior Center and via written or emailed
materials such as training packets and informational updates, and honors
requests for driver’s license, background check, and insurance information as
needed.
8. Acts as an ambassador for the Town of Estes Park with ethical and
appropriate interactions with clients.
9. Operates a motor vehicle safely and legally.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Ability to safely and legally drive own car and make meal deliveries.
b. Ability to pass a safe driving record history and if needed, pass a background
check.
c. Ability to use own telephone and answering machine.
d. Extremely reliable and able to follow a schedule.
e. Knowledge and interest in senior citizen services and sensitivity to disabled
population needs; ability to serve these populations with care and
compassion.
f. Ability to establish and maintain effective relationships with senior adults,
supervisors and the general public.
g. Ability to communicate effectively in English, both verbally and in writing.
Education /Experience:
Any combination of education and experience is considered.
Must have safe driving record.
Time Commitment:
This volunteer position requires approximately one to one-and-a-half hours a
week per route.
3) Other Senior Center Volunteers
a. Program Assistant
Performs a variety of program- and event-related tasks for the Senior Center.
Supervision Received:
Volunteer works under direct supervision of the Senior Center Manager and/or
Program Coordinator.
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Supervision Exercised: None.
ESSENTIAL FUNCTIONS
The following are essential functions of the volunteer position. Any one position
may not include all of the duties listed.
1. Assists staff with basic organizational and office tasks which may include
filing, photocopying, preparing mailings, and distributing flyers, answering
telephone, preparing and folding brochures or other office related tasks.
2. Assists staff with basic functions of the program office such as phone calls to
participants, data entry and data management, program set-up and clean-up,
program, class and trip registrations, participant check-in, and other related
tasks.
3. Assists staff with planning and developing programs and day trips.
4. Participates in on-going training.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Ability to learn to use Senior Center computer, copier, and printers.
b. Ability to manage a simple database – either written or computerized or both -
of names and addresses, etc.
c. Ability to use own telephone and answering machine, and use own computer
as needed with email/Internet capability.
d. Extremely reliable and organized with good attention to details.
e. Ability to communicate effectively in English and ability to use proper
grammar skills and an understanding of personal and professional letter
writing.
f. Ability to establish and maintain effective relationships with senior adults,
employees, supervisors and the general public.
g. Ability to maintain confidentiality of private or personal information as it
relates to donors, gifts, etc.
Education /Experience:
Any combination of education and experience is considered.
Time Commitment:
This volunteer position requires approximately four to ten hours a week.
b. Reception Desk Volunteer
Performs a variety of duties at the Estes Park Senior Center reception desk.
Supervision Received:
Volunteer works under direct supervision of the Senior Center Manager and/or
Program Coordinator.
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Supervision Exercised: None
ESSENTIAL FUNCTIONS
The following are essential functions of the volunteer position. Any one position
may not include all of the duties listed.
Duties:
1. Acts as main desk receptionist at the Senior Center to create a welcoming
first impression for visitors to the site.
2. Answers phone, takes and delivers messages, directs visitors, welcomes
guests, etc.
3. Handles funds for a variety of Senior Center procedures: collects and
accounts for money for meals, program fees and /or program tickets, sells
meal tickets, etc., using established procedures and methods.
4. Follows established procedures in volunteer training and reference materials.
5. Engages hospitality hosts and staff as needed for greeting new customers.
6. May assist staff and Senior Center Inc. Board with other basic office tasks as
needed such as photocopying, preparing mailings, distributing fliers, and
folding brochures.
7. Participates in on-going training and offers ideas for improving customer
service at the Senior Center.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Ability to learn to use Senior Center telephones and answering machines.
b. Ability to work in a fast paced environment and sometimes noisy environment
with multiple tasks.
c. Extremely reliable and organized with good attention to details.
d. Ability to keep records and account for funds using established procedures.
e. A good sense of humor, good customer service skills and an outgoing
personality are helpful in dealing with large numbers of people.
f. Ability to communicate effectively in English.
g. Ability to establish and maintain effective relationships with senior adults,
supervisors and the general public.
h. Must pass background check.
Education /Experience:
Any combination of education and experience.
Time Commitment:
The regular weekly desk volunteer position requires approximately one day a
week from 9:00 am to 1:30 p.m. A free lunch is provided for the desk volunteer
by the food service contractor. A desk substitute volunteer will be called as
needed to fill in for absences.
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FAIRGROUNDS/EVENTS
1) Estes Park Western Heritage, Inc.
General:
The purpose of Estes Park Western Heritage Inc. (EPWH), a nonprofit
corporation, is to promote the western culture and preserve the western heritage
of the Estes Valley by producing and supporting activities for the education and
enjoyment of its residents and visitors. EPWH provides support for the Rooftop
Rodeo and the Rooftop Royalty Scholarship Fund.
Event Description:
The Rooftop Rodeo is an annual Professional Rodeo Cowboys Association
(PRCA) sanctioned event that showcases bareback bronco riding, team roping,
saddle bronco riding, tie-down roping, steer wrestling, barrel racing, and bull
riding, as well as mutton bustin’ and a calf catch for youth. Vendors, behind-the-
chutes tours, and entertainment are available throughout the event. The Rooftop
Rodeo also encompasses the annual breast cancer benefit golf tournament,
antique show, and queen’s dance, and promotes the sport of rodeo throughout
the year.
Authority:
The Board of Directors has the general management and control of Estes Park
Western Heritage, Inc. and adheres to a set of bylaws and to a Memorandum of
Understanding (MOU) with the Town of Estes Park.
Duties:
Assists and performs in a variety of assignments in relation to Rooftop Rodeo
and works with the Town of Estes Park Events staff to develop, promote, and
conduct the annual Rooftop Rodeo.
Supervision Received:
Works under the close supervision of Events and Fairgrounds Management.
Supervision Exercised:
Supervises sub-committee members as assigned.
MINIMUM QUALIFICATIONS
Estes Park Western Heritage, Inc. is comprised of five membership categories:
Active Members, Senior Members, Intern Members, Honorary Members, Junior
Members; and the Special Events Manager.
All members shall have:
1. An interest in any aspect of the sport of Rodeo.
2. A commitment to the purpose of the Committee.
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3. A willingness to actively assist the Committee in carrying out its purpose and
objectives.
4. A commitment to participate in Rooftop Rodeo events and activities.
Membership Criteria
All categories of membership shall be open to anyone eighteen (18) or over
(except Junior Members, who are ages eleven (11) through seventeen (17)) who
is a resident within Park School District R-3. In addition, up to twenty-five percent
(25%) of Active Members may be non-residents of Park School District R-3.
Term:
Members will be voted upon by the organization at the August and February
Committee Meetings.
ESSENTIAL FUNCTIONS
The following are essential functions. Any one position may not include all of the
duties listed.
Duties:
1. Duties are specific to each position and are described in the bylaws. General
duties are to assist and perform in a variety of assignments in relation to the
Rooftop Rodeo and work with the Town of Estes Park Events Department to
develop, promote, and conduct the annual Rooftop Rodeo.
2. Attend meetings as assigned.
3. Serve on Rooftop Rodeo sub-committees, as assigned per committee.
4. Perform various tasks including, but not limited to: ticket sales; soliciting
sponsors; organizing the Royalty program, staff rodeo and rodeo parade; and
distributing advertising.
5. Assist with the set-up and tear-down of Rooftop Rodeo and Rooftop Rodeo-
related events.
Training:
Receives training, as needed, on various duties related to Rooftop Rodeo.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Effective communication skills.
b. Good standing in the community, that which does not bring discredit to the
Rooftop Rodeo or the Town of Estes Park.
c. Ability to maintain positive working relationships with members and Town of
Estes Park staff.
Special Requirements:
As required by Estes Park Western Heritage, Inc..
Experience:
As required by Estes Park Western Heritage, Inc..
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1) Elk Fest Committee
Works directly with the Town of Estes Park Events Department to develop,
promote, and conduct the annual Estes Park Elk Fest.
Supervision Received:
Works under close supervision of Events and Fairgrounds Management.
Supervision Exercised:
None
ESSENTIAL FUNCTIONS
The following are essential functions. Any one position may not include all of the
duties listed.
Duties:
1. Ticket sales.
2. Office support.
3. Entertainment/contest organization.
4. Soliciting sponsors.
5. Handing out fliers and advertisements.
6. Set-up/tear-down.
7. Other duties as requested by Events and Fairgrounds Management.
Training:
The volunteer will receive training, as needed, on a variety of duties as assigned.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Ability to attend Elk Fest meetings.
b. Effective communication skills, written and verbal.
c. Good standing in the community, that which does not bring discredit to the
Elk Fest or the Town of Estes Park.
d. Maintain positive working relationships with committee members and Town of
Estes Park staff.
Special Requirements:
Volunteers must be able to commit to working both days of Elk Fest.
Experience: None required.
2) Wool Market Volunteer
Assists and performs in a variety of assignments in relation to Wool Market.
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Supervision Received:
Works under close supervision of Events and Fairgrounds Management, and
receives guidance or instruction, as needed, from Wool Market superintendents.
Supervision Exercised: None.
ESSENTIAL FUNCTIONS
The following are essential functions. Any one position may not include all of the
duties listed.
Duties:
1. Assist in the loading, unloading, and set-up of Wool Market workshop
classes.
2. Assist in the registration and/or organization of Wool Market class
participants, vendors, and show participants.
3. Assist show superintendents with the organization of score sheets and
ribbons.
4. Provide public with directions and information.
5. Prepare vendor, workshop, and show packets, per Events office direction.
6. Provide instructional demonstrations.
7. Assists Events and Fairgrounds management and superintendents in the
selection of workshops and vendors
Training:
Receives training, as needed, on various duties related to Wool Market.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Effective communication skills.
b. Good standing in the community, that which does not bring discredit to the
Estes Park Wool Market or the Town of Estes Park.
c. Maintain positive working relationships with other Wool Market volunteers
and Town of Estes Park staff.
Special Requirements:
As assigned.
Experience:
As assigned.
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VISITOR SERVICES
1) Ambassadors of Estes Park
We are volunteers who assist visitors at the Estes Park Visitor Center. Our mission is
to provide a warm welcome along with providing, to the best of our knowledge,
accurate information to visitors to help them have an enjoyable and memorable time
in the Estes Valley.
Authority:
The Ambassadors of Estes Park is a Colorado private sector volunteer organization
which has a Memorandum of Understanding (MOU) with the Town of Estes Park,
and a set of approved bylaws.
Duties:
Duties are fully described in the MOU and bylaws; a summary is as follows:
Ambassadors should:
1. Complete Ambassador orientation and on-site training.
2. Attend monthly Ambassador meetings, annual training, and tours.
3. Wear the official Ambassador name tag.
4. Wear red shirt or vest while on duty.
5. Refer to current information on white board, Need to Know Book, & Rocky
Mountain National Park board before shift.
6. Be responsible for obtaining own sub when necessary and report that sub’s
name to a Visitor Services staff member.
7. Maintain record of volunteer hours.
8. Use only Town-approved materials.
9. Ambassadors who are on the sub-only list are encouraged to attend monthly
Ambassador meetings, annual training and tours.
10. An Ambassador shall submit a letter of resignation when he/she decides to
leave the Ambassador group.
iii. Finance Department
No department volunteers at this time.
iv. Police Department
1) Police Auxiliary
Assists department with duties as assigned and directed. Serves as a liaison
between the department and the community while promoting and incorporating
community policing philosophy and practices.
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Supervision Received:
Works under the immediate supervision of the Community Services Manager and
falls into the structure and supervision of the specific unit they are assisting at
any given time.
Supervision Exercised:
None other than what rank within the unit requires.
ESSENTIAL FUNCTIONS
The following are essential functions; the duties listed are not intended to be an
exhaustive list of responsibilities or qualifications. As volunteers, the Auxiliary
Members will need the ability to discern and perform other duties as requested
and as program design and changes dictate, and as their willingness allows.
Duties:
1. Follow Estes Park Police Department Auxiliary Manual, including annual
volunteer hour requirement.
2. Follow Chain of Command as established in Auxiliary Manual and Estes Park
Police Department Policy Manual.
3. Dependably and punctually assist with special events, large scale incidents,
or investigations.
4. Serve as extra “eyes” and “ears” for Estes Park Police Department, as
ambassador and liaison between department and community.
5. Assist with projects/activities as outlined in Auxiliary Manual while maintaining
flexibility and responding, when possible, to department and community
needs.
6. Deploy Traffman and assist with traffic studies responsibly.
7. Loyally maintain confidentiality for cases, persons, and circumstances
involved with department.
Training:
Receives training as follows:
1. Town and departmental policies and procedures, as it relates to Auxiliary Unit
and special assignments.
2. Police Auxiliary Manual and Policy.
3. Auxiliary Academy.
4. Citizen’s Police Academy.
5. All items outlined and required in Police Auxiliary Manual, pertaining to level
system and advancement, including mentoring.
6. Monthly in-service trainings.
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MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Effective communication skills in both written and verbal forms in English.
b. Good standing in community, that which does not bring discredit to the
Auxiliary Unit, the Estes Park Police Department, or the Town of Estes Park.
c. Maintain positive working relationships with Auxiliary members, Auxiliary
Command Staff, and department employees, resolving all potential conflicts
so that there will be no hindrance in accomplishing work goals.
d. Ability to work effectively with widely diverse groups and individuals.
e. Effective public speaking skills and abilities.
f. Maintain phone and email capabilities for communication with unit.
g. High level and demonstration of trustworthiness to access police building and
records, as needed, particular to assigned cases.
h. Ability to work effectively with other law enforcement agencies and
professionals within the community.
i. Possess ability to multi-task, converse appropriately on the phone and in
person, while demonstrating flexibility and orderliness as it applies to
organization skills and tasks.
Special Requirements
1. Be at least 21 years old.
2. Have completed or be willing to complete Citizen’s Police Academy.
3. Be capable of standing or walking for four hours.
4. Satisfactorily (according to Unit Command and Department Command Staff)
complete background investigation, ultimately determined by Chief of Police.
5. No felony convictions and no outstanding warrants.
6. Have an acceptable record as it relates to overall criminal and community
involvement that would promote acceptance by unit, employees, and
community.
7. Successfully complete Auxiliary Unit admission interview and be chosen to
serve by the panel and ultimately the Chief of Police.
a. Police Chaplain
Assists department employees or volunteers with pastoral needs; aiding in the
understanding of life events as they relate to their spiritual and emotional well-
being; providing spiritual support to the law enforcement community of Estes
Park.
Supervision Received:
Works under the immediate supervision of the Community Services Manager and
falls into the structure and supervision of the specific unit they are assisting at
any given time; while participating as a part of the Auxiliary Police Unit.
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Supervision Exercised:
None other than the designated “Head Chaplain” will assist in decision making,
give voice as to bringing on new Chaplains or letting go of current Chaplains and
relaying of information to other Chaplains as needed and/or requested.
ESSENTIAL FUNCTIONS
The following are essential functions; the duties listed are not intended to be an
exhaustive list of responsibilities or qualifications. As volunteers, Chaplains will
need the ability to discern and perform other duties as requested and as program
design and changes dictate, and as their willingness allows.
Duties:
Performs duties as follows:
1. Follow Estes Park Police Department Auxiliary Manual and Police Auxiliary
Policy as it relates to Chaplain program.
2. Respect and follow Chain of Command as established in Auxiliary Manual
and Estes Park Police Department Policy Manual.
3. Dependably and punctually assist with special events, large scale incidents,
or investigations when called and circumstances allow.
4. Serve as extra “eyes” and “ears” for Estes Park Police Department, as
ambassador and liaison between department and community.
5. Spend a minimum of four hours per month with police employees and
volunteers.
6. Build positive and effective relationships with all police personnel so that they
will engage when needed.
7. Participate in pastoral care for employees and volunteers and their families.
8. Loyally maintain confidentiality for cases, persons, and circumstances
involved with department.
9. Focus on assisting police personnel in coping with trauma associated with
their work and helping employees avoid depression, post traumatic stress
disorder and other similar conditions.
10. Make recommendations of other resources to employees/volunteers.
Training:
Receives training as follows:
1. Town and departmental policies and procedures, as it relates to Auxiliary Unit
and special assignments.
2. Police Auxiliary Manual and Policy.
3. Auxiliary Academy when possible.
4. Citizen’s Police Academy.
5. Monthly in-service trainings offered but not required.
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MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability
a. Effective communication skills in both written and verbal forms in English.
b. Good standing in community, that which does not bring discredit to the
Auxiliary Unit, the Estes Park Police Department, or the Town of Estes Park.
c. Maintain positive working relationships with Auxiliary members, Auxiliary
Command Staff, and department employees, resolving all potential conflicts
so that there will be no hindrance in accomplishing work goals.
d. Ability to work effectively with widely diverse groups and individuals.
e. Effective public speaking skills and abilities.
f. Maintain phone and email capabilities for communication with unit.
g. High level and demonstration of trustworthiness to access police building and
records, as needed, particular to assigned cases.
h. Ability to work effectively with other law enforcement agencies and
professionals within the community.
i. Possess ability to multi-task, converse appropriately on the phone and in
person, while demonstrating flexibility and orderliness as it applies to
organization skills and tasks.
Special Requirements
1. Be at least 21 years old and be ordained as a minister.
2. Have completed or be willing to complete Citizen’s Police Academy.
3. Be capable of standing or walking for four hours.
4. Satisfactorily (according to Unit Command and Department Command Staff)
complete background investigation, ultimately determined by Chief of Police.
5. No felony convictions and no outstanding warrants.
6. Have an acceptable record as it relates to overall criminal and community
involvement that would promote acceptance by unit, employees, and
community.
7. Successfully complete admission interview and be chosen to serve by the
panel and ultimately the Chief of Police.
b. Police Front Window/Customer Service Volunteer
Provides the public with general information and assistance with regard to
questions concerning the community of Estes Park, municipal layout and the
Estes Park Police Department. The volunteer will be responsible for connecting
the public with the appropriate resource employees within the department, such
as police, dispatch, and records or with others outside the department when
appropriate.
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Supervision Received:
Works under the immediate supervision of the Community Services Manager,
outside of other volunteer teams. In the absence of the Community Services
Manager, volunteer may ask other employees and volunteers for assistance as
needed.
Supervision Exercised: None.
ESSENTIAL FUNCTIONS
The following are essential functions; the duties listed are not intended to be an
exhaustive list of responsibilities or qualifications. As volunteers, the Auxiliary
Members will need the ability to discern and perform other duties as requested
and as program design and changes dictate, and as their willingness allows.
Duties:
Performs duties as follows:
1. Remains friendly and positive while providing basic information to the public.
2. Diligently and benevolently explores resource options for individuals who
come to the window in need.
3. Identifies the proper employee or volunteer to be of further service and
follows through with alerting that individual to need and connecting the public.
4. Understands forms and location in order to provide them when needed.
5. Completes lost and found property reports as requested.
6. Receive payment for preliminary breath tests (PBTs) and notify necessary
personnel to perform them.
Training:
Receives training as follows:
1. Applicable community information, location of resources, and resource
manual. Maps and community/building layout.
2. Town and departmental policies and procedures, as it relates to Front
Window/Receptionist responsibilities.
3. Location and information regarding various forms that are frequently
requested.
4. Receipt and accounting information required to collect fees for PBTs and
Records requests.
5. Use of copy machine, phone, and other office equipment as needed.
6. Roles within the police department in order to identify employees/volunteers
to be of further assistance to the public request.
7. Use and distribution of appropriate forms as they relate to needs of the
public.
8. Lost and found property reports procedures and documentation.
9. How to ask and record vital information that will be requested by dispatch
and/or police officers.
10. PBT administration and payment procedures.
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11. Records requests information and payment procedures.
12. Animal issues and response mechanisms.
13. Citations in order to explain/answer simple questions.
14. Driver’s license information.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Effective communication skills in both written and verbal forms in English.
b. Good standing in community, that which does not bring discredit to the Estes
Park Police Department or the Town of Estes Park.
c. Maintain positive working relationships with other volunteers and employees
of the Estes Park Police Department and Town of Estes Park so that there
will be no hindrance in accomplishing work goals.
d. Ability to work effectively with widely diverse groups and individuals.
e. Effective public speaking skills and abilities.
f. Maintain phone and email capabilities for communication with other
volunteers and the Community Services Manager.
g. High level and demonstration of trustworthiness to access police building.
h. Ability to work effectively with public and community professionals.
i. Possess ability to multi-task, converse appropriately on the phone and in
person, while demonstrating flexibility and orderliness.
j. Remain focused and specific as to role within the department, providing as
little distraction as possible in the crowded work environment.
Special Requirements
1. Be at least 21 years old.
2. Satisfactorily complete background investigation, ultimately determined by
Chief of Police.
3. No felony convictions and no outstanding warrants.
4. Have an acceptable record as it relates to overall criminal and community
involvement that would promote acceptance by unit, employees, and
community.
5. Successfully complete admission interview and be chosen to serve by the
panel and ultimately the Chief of Police.
6. Must sign and comply with confidentiality statement.
2) Estes Valley Restorative Justice Partnership, Inc.
The Estes Valley Restorative Justice Partnership, Inc. is a Colorado nonprofit
corporation. It exists to reduce crime and disorder by applying the principles of
Restorative Justice. In doing so, the project seeks to improve victim services,
reduce arrest, reduce repeat offending, and allow community members to have a
more visible role in our justice process. The Board of Directors for the corporation
is responsible for policy. The Board of Directors is responsible for program in
cooperation with the Executive Director and the Estes Park Chief of Police. The
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corporation is not involved with program operations. The Executive Director is a
Town of Estes Park employee. The Chief of Police supervises the Executive
Director.
a. Volunteer Restorative Justice Facilitator
Coordinates and facilitates Community Group Conferences and Community
Circles processes as assigned by the Restorative Justice Case Manager.
Works directly with offenders, parents of juveniles, victims of crime, and the
greater community.
Coordinates and meets with various community groups, human service
entities, schools, local government officials, law enforcement agencies,
county government officials, court systems and others as each case
determines or at the request of the case manager, in an effort to increase
participation and bring the right people to the conference/circle.
Supervision Received:
Works under the immediate supervision of the Restorative Justice Case Manager
and the general supervision of the Community Services Manager.
Supervision Exercised: None.
ESSENTIAL FUNCTIONS
The following are essential functions; the duties listed are not intended to be an
exhaustive list of responsibilities or qualifications. As volunteers, the facilitators
will need the ability to discern and perform other duties as requested and as
program design and changes dictate.
Duties:
1. Follow Estes Valley Restorative Justice Partnership policy and procedure as
outlined in Estes Park Police Department Policy and throughout Facilitator
Training.
2. Enthusiastically promote programs and principles of Restorative Justice
within the community, Estes Park Police Department, and Estes Valley
Restorative Justice Partnership.
3. Punctually and thoroughly contact offenders and victims of crime to explain
process and set up pre-conference, conference, and post-conference
meetings. Follow-through meetings with compassion and tolerance, diligently
completing all paperwork required.
4. Maintain confidentiality and apply discretion when, how, and to whom
personal information is shared regarding victims, offenders, and community
participants, in an effort to build a conference or circle.
5. Sincerely maintain neutral demeanor during circle process, regardless of
level of conflict, and direct all types of personalities and opinions to a
common purpose with the goal of satisfactory resolution for all participants.
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6. Exhibit high level of tolerance and self-control for wide range of human
emotion, behavior, and background. Following Town of Estes Park Anti-
Discrimination policy; treat all people with fairness, respect, and dignity.
7. Serve as mentor and example to program participants; using resources and
knowledge to assist in solutions to individual and community issues.
8. Dependably perform other duties as assigned by the Restorative Justice
Case Manager, Community Services Manager, Chief of Police, or Estes
Valley Restorative Justice Partnership Board of Directors.
Training:
1. Town and departmental policies and procedures, as it relates to restorative
justice and/or volunteers.
2. Restorative Justice 501(c)(3) policies and procedures.
3. Community Group Conference facilitator training.
4. Circle Keeper training (Community Circles program specific).
5. Monthly trainings at team meetings.
6. Juvenile and Adult Justice Systems.
7. Restorative Discipline processes.
8. All other training deemed relevant for this position.
MINIMUM QUALIFICATIONS
Required Knowledge, Skill, and Ability:
a. Effective communication skills in both written and verbal forms required in
English (bilingual English/Spanish appreciated).
b. Good standing in community, that which does not bring discredit to the
facilitator team, Estes Valley Restorative Justice Partnership programs or the
Estes Park Police Department.
c. Maintain positive working relationships with co-facilitators, board members,
and department employees, resolving all potential conflicts so that there will
be no hindrance in accomplishing work goals.
d. Ability to work effectively with widely diverse groups.
e. Effective public speaking skills and abilities.
f. Humbly apply conflict resolution skills in own life and relationships.
g. Maintain phone and email capabilities for communication with staff and
clients.
h. High level and demonstration of trustworthiness to access police building and
records, as needed, particular to assigned cases.
i. Ability to work effectively with other law enforcement agencies and
professionals within the community.
j. Possess ability to multi-task and converse appropriately on the phone and in
person, while demonstrating flexibility and orderliness as it applies to
organization skills and tasks.
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Special Requirements:
Current and thorough knowledge of Restorative Justice principles.
Ability to maintain control and practice discernment over potentially emotional
situations.
Ability to deal with information in a confidential manner.
Must successfully pass a background check as determined by Chief of
Police.
Education:
Bachelor’s Degree Preferred; or the equivalence of experience and training. High
School education required.
v. Public Works Department
No department volunteers at this time.
vi. Utilities Department
No department volunteers at this time.
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Appendix C: Town of Estes Park Policies and Procedures.
I. Personnel Policies
The following information is excerpted from the Town of Estes Park Personnel
Manual, adopted March 23, 2004.
CONTRACT DISCLAIMER
This Personal Policy Manual does not and is not intended to create a contract
between the Town of Estes Park and any employee, or to grant a right to any
employee to be continued in the employment of the Town of Estes Park, or to
limit the right of the Town of Estes Park to discharge its employees with or
without cause.
This Personnel Policy Manual is subject to change by the Town of Estes Park at
any time, including changes to benefits provided and to personnel practices, and
the changes may apply to current as well as future employees.
Employee Conduct
Employees will conduct themselves, at all times, in a manner which reflects
favorably on the Town. The Town reserves the right to take appropriate action in
response to off-duty conduct of employees which impairs working relationships or
has a negative impact on the Town’s ability to perform its functions.
Employment of Relatives
No employee of the Town of Estes Park shall occupy a position for the Town
whereby the employee is supervised or evaluated by a spouse, parent, child,
brother, sister, brother-in-law, sister-in-law, or a person living, abiding, or residing
with such employee.
Alcohol and Drugs
The use of alcoholic beverages or non-medicinal drugs by a Town employee
while on duty is prohibited. On duty will include on-call duty hours. Town
employees whose work requires a Commercial Driver’s License (CDL), or are
involved in safety sensitive functions, are subject to the Town's Drug and Alcohol
Testing Policy. Furthermore, no employee’s ability shall be impaired by any drug
or alcohol while on duty. Although reasonable suspicion may be based on other
facts and circumstances, reasonable suspicion may be based upon any of the
following:
a. Witnessing by at least one supervisor of an employee’s unusual demeanor,
appearance or conduct or irrational behavior (e.g., slurred speech, lack of
balance, excessive aggressiveness, docility or drowsiness); difficulty in
performing or inability to perform normal job functions; smell of alcohol or
illegal drugs.
b. Suspected possession of or use of alcohol or illegal drugs on the job. If an
employee is suspected of being impaired by alcohol, the employee shall be
required to submit to testing to prove or disprove such suspicion. Testing
shall be supported by observations and circumstances that would lead a
reasonable person to believe that the employee is impaired by alcohol.
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II. Town of Estes Park Electronic Access Policy
Revised September 11, 2001
The purpose of this policy is to ensure that users of the Town of Estes Park’s
email, internet, voice mail, electronic facsimile (fax), bulletin boards and
electronic subscription services are aware of privacy, security, public records,
and legal issues related to the usage of the Town’s systems, and to ensure that
requests for information stored in the aforementioned formats are complied with
as provided by law.
Use of the Town’s electronic media systems is subject to the following policies:
a. Business Use: Email is utilized by the Town of Estes Park to facilitate Town
work and is intended for business-related communications, including uses
related to Town-sponsored events and activities. The Town recognizes that
occasional personal use will occur on an irregular basis; such use is
permitted as long as it does not interrupt the normal flow of Town business.
Internet access, including the use of the World Wide Web, is utilized by the
Town of Estes Park, for purposes of research and accessing and
downloading instructional and reference material. Any improper use, as
determined by the Town of Estes Park (see paragraph D below) is prohibited
and may be subject to disciplinary action.
b. Requests for Email Records: Email messages and attachments are public
records and shall be made available for public inspection in accordance with
the Colorado Public Records Law. Each individual is custodian of his or her
incoming or outgoing email. Whenever a request is made for email records
pursuant to Section 24-72-203, C.R.S., the custodian of the records in
question shall consult with his or her Supervisor and/or Department Head
who, with the Town Attorney will ascertain whether the requested records are
public records. When email records are determined to be public records, the
custodian shall utilize whatever methods are expeditious and cost-effective
for the retrieval and inspection of the requested records.
c. Privacy, Security, and Monitoring: Employees have no expectation of privacy
when using equipment owned by the Town of Estes Park for email or Internet
access. All electronic communications are Town property; and the Town
reserves the right at any time, to monitor, access, view, use, copy, and
disclose all email messages or Internet downloads of any employee.
Computer users are responsible for safeguarding their passwords and may
not disclose their passwords to others. Employees may not access the
computer accounts of another unless granted permission to do so by that
user. This restriction does not apply to system administrators and others who
are authorized to access the systems for legitimate business purpose.
d. Improper Use of Email or Internet Access: Improper use of email and Internet
access includes, but is not limited to: 1. The transmission, downloading,
storage or distribution of materials containing unlawful or inappropriate
comments which are sexually, racially, or ethnically offensive, or which
contains jokes, slurs, or disparagements of and threats to others or which
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create an intimidating, hostile, or offensive work environment are prohibited;
2. Messages or information which conflicts with the Town of Estes Park’s
policies against discrimination or harassment in the workplace; 3. Personal
business advertisements or announcements, or the conducting of any
personal for-profit business; 4. Messages or information which advertise or
promote a business, political candidate, political or religious cause; 5.
Reference or messages which give offense on the basis of race, color,
religion, national origin, citizenship ancestry, marital status, sex, disability,
age, veteran’s status, or sexual orientation; 6. Any frivolous use which
interrupts the normal flow of Town business, such as playing games,
conducting betting pools, chain letters, etc.; 7. Any illegal use of the Town’s
computer system.
All Town employees are expected to use common sense and good judgment
in all official communications and to avoid any communication that is
disrespectful, offensive, or threatening to others. Violation of this policy may
result in any or all of the following: suspension or loss of email access and/or
disciplinary action up to and including termination of employment.
e. Retention and Archiving: Each day, the Town’s computer system routinely
purges incoming and outgoing emails that are over 30 days old. Therefore, it
is an individual employee’s responsibility to retain, archive, or purge, as
appropriate, any incoming or outgoing email.
f. Town’s Website “Linking” Policy: The Town of Estes Park’s website contains
links to other Internet sites and resources. Whenever a user selects a link to
a site not controlled by the Town, the user is leaving the Town’s website, and
should be aware that the Town of Estes Park does not endorse any product
or entity for which a link may be provided, and that the Town of Estes Park is
not responsible for the content or availability of these external resources. The
Town of Estes Park links to government, community, and other commercial
World Wide Web sites in support of its:
Desire to use the Internet to connect people with information, services,
and other people in a manner that constructively furthers the Town’s
governmental purposes.
Goal to use the Internet and other emerging technologies to improve
Town services.
Town Departments may request links based on the following:
1. Their support of Town functions and business.
2. Convenience to the public in their interaction with the Town of Estes Park.
3. Their supportive and natural affinity or logical nexus with the function or
purpose of the Department.
The Town of Estes Park’s Web Team reviews all Department link requests for
adherence to these criteria, together with the following considerations:
1. Availability of system resources and personnel to monitor and maintain the
Town of Estes Park website.
2. The relationship and importance of the link requested to the ordinary and
necessary functioning of the Town.
3. The significance and timeliness of materials contained on the linked site.
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III. Town Employees Serving on Town Committees, Boards, Commissions and
Affiliated Organizations
The Town of Estes Park encourages its employees to take an active role in volunteering in our
community. However, the voluntary participation of Town employees on Town committees,
boards, commissions and affiliated organizations is restricted due to labor laws, the
management of liability, and conflict of interest concerns.
Non-Exempt Employees
The Colorado Insurance Risk Sharing Agency (CIRSA) is the Town’s property and liability
insurance agency. CIRSA’s legal department states that service on Town committees, boards,
commissions and affiliated organizations is considered an extension of an employee’s normal
work. Under the Fair Labor Standards Act (FLSA), the Town is required to pay a non-exempt
employee for time spent working in this service. This applies to both full- and part-time staff,
regardless of when the volunteer work takes place.
Non-exempt employees are not eligible to serve as volunteers for Town committees, boards,
commissions and affiliated organizations which meet one or more of the following conditions:
a. The committee’s, board’s, commission’s or organization’s appointments are approved by
the Town Board.
b. There is a written agreement between the Town and the committee, board, commission
or organization.
c. The committee, board, commission or organization is supported by the Town’s annual
budget.
Examples of such committees, boards, commissions and organizations include, but are not
limited to, the Estes Park Tree Board, the Estes Valley Planning Commission, and the Estes
Park Museum Friends & Foundation, Inc. Employees serving as volunteer firefighters for the
Estes Valley Fire Protection District are allowed to serve because the district is funded through
sales tax collection, not an annual appropriation from the General Fund.
Non-exempt employees may provide incidental assistance for other departments outside their
normal scope of work with prior supervisor approval. These employees must be compensated
by the Town department requesting the assistance at the employee’s normal rate of pay. If the
service extends the employee’s work week beyond forty hours, the employee must be
compensated at one-and-one-half times the normal rate of pay. Non-exempt sworn police
officers’ time will be calculated based on the twenty-eight day “Garcia cycle.”
Exempt Employees
The Town of Estes Park chooses to restrict the volunteer service of exempt employees because
of the possibility of conflict of interest.
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By restricting an exempt employee’s volunteer service with the committees, boards,
commissions and affiliated organizations which meet the three criteria listed above, the Town is
seeking to prevent conflicts between private interests and public duties, foster integrity in public
service, and promote the public’s trust and confidence in that service.
For example, an employee who volunteers for a committee which is negotiating an agreement
with the Town cannot easily act objectively in the role of both employee and volunteer. Such a
situation has the potential of eroding the public’s trust in government, regardless of whether any
wrongdoing takes place.
Incidental, as-needed volunteer service for Town of Estes Park departments by exempt
employees is allowed and encouraged with supervisor approval.
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ENGINEERING
Memo
To: Honorable Mayor Pinkham
Board of Trustees
Interim Town Administrator Richardson
From: Scott A. Zurn, PE, CFPM, Public Works Director
Kevin Ash, PE, Public Works Civil Engineer
Date: March 27, 2012
RE: Virginia Drive, Park Lane, MacGregor Avenue & Steamer Drive
Rehabilitation Construction Contract
Background:
Design Plans and Specifications are complete for the Virginia Drive, Park Lane,
MacGregor Avenue & Steamer Drive Rehabilitation Project. An Advertisement for Bid
was issued on March 2nd, 2012, and two firms responded.
The following chart contains the bids for each firm:
Firm Name City Bid
Coulson Excavating Loveland $1,014,062.00
Connell Resources Fort Collins $1,037,946.55
After bid opening on March 20th, staff completed a review of the submitted documents
and found the Coulson Excavating bid to be complete and the most responsible bidder.
A price for a total project cost (including a 10% contingency) for a not-to-exceed budget
of $1,115,468.00 has been determined.
Budget:
$924,178.00 from STIP 101-3100-431.25-51
$191,290.00 from Water 503-7000-580.35-54
Total $1,115,468
Schedule:
Upon approval tonight by the Town Board, staff will issue a Notice to Proceed to
Coulson Excavating on March 28th. Per contract, Coulson Excavating has until the
Wednesday before Memorial Day (May 23rd, 2012) to complete the improvements and
get final acceptance from Town Staff.
Sample Motion:
I move to recommend/not recommend awarding the contract for construction to Coulson
Excavating of Loveland, for a project cost not to exceed $1,115,468.00.
TOWN OF ESTES PARK
CONSTRUCTION AGREEMENT
THIS AGREEMENT is effective as of the day of , 2012 by and between the
Town of Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County,
Colorado, 80517, (hereinafter called OWNER) and (hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
Virginia Drive, Park Lane, MacGregor Avenue, and Steamer Drive Rehabilitation
Approximate quantities for the major items are as follows:
1. Hot Mix Asphalt
2. Unclassified Excavation
3. Aggregate Base Course Class 6
4. Pipe for water, sanitary and storm sewer
5. Concrete Sidewalk
6. Curb and Gutter
7. Stormwater Improvements
Article 2. PROJECT MANAGER
The project Manager shall be Kevin Ash, P.E. who is hereinafter called PROJECT MANAGER and who
is to act as OWNER's representative, assume all duties and responsibilities and have the rights and
authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion
of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES
The Work must be substantially completed by May 23, 2012, and ready for final payment in accordance
with the General Conditions subject to applicable laws regarding final payment by June 8, 2012.
Article 4. CONTRACTOR PRICE
OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit
prices times the quantities of work actually completed. Unit prices are those shown in the Proposal and
Quantities of work actually completed will be determined by the PROJECT MANAGER.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.
Applications for Payment will be processed by the PROJECT MANAGER as provided in the General
Conditions.
5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual
Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's
applications for Payment as recommended by PROJECT MANAGER, as provided by the
General Conditions during construction as provided in paragraphs 5.1.1 and 5.2 below.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made
and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in
accordance with the General Conditions.
a. Ninety-five percent (95%) of Work completed (with the balance being Retainage).
b. Ninety-five percent (95%) with the balance being Retainage of materials and equipment
not incorporated in the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in the General Conditions).
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the
General Conditions, final payment shall be subject to the provisions of Section 38-26-107 C.R.S.
Article 6. INTEREST
Following settlement of any claims posted again this Contract; final payment will be made in accordance
with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in
paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum compounded
monthly.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any
Addenda(s)) and the other related data identified in the Bidding Documents including "technical
data".
7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general,
local, and site conditions that may affect cost, progress, performance or furnishing the Work.
7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and
design intent of the Work.
7.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in
correspondence with the Project Manager and has sought and received clarification of all issues
concerning construction and design.
7.5 CONTRACTOR assumes full responsibility and obligation for safety, high quality workmanship,
and timely completion of this project as illustrated by the plans, drawings, and specifications.
Contractors are required to comply with applicable federal, state, and local safety and health laws,
regulations and ordinances
7.6 CONTRACTOR understands that he may make on-site layout and grading and construction
modifications to achieve the desired intent. Such modifications/grading changes and layout cost
are already included in the Contract Documents.
7.7 CONTRACTOR understands and acknowledges that this Agreement is based on unit prices
totaling $1,014,062.00 that shall not be exceeded or increased, except for contract changes
allowed, agreed, and approved in writing by Change Order.
7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a
final product acceptable to OWNER.
7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims,
and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER
related to such damages or claims) to the OWNER or claimed by third parties against the OWNER,
arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the
requirements, provisions, or services furnished under this Agreement.
7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all examinations, investigations, explorations, tests, reports and studies which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect
the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary
for the performance of furnishing the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Paragraph 9 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or data are or will be
required by the CONTRACTOR for such purposes.
7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing underground facilities at or contiguous to the site
and assumes responsibility for the accurate location of said underground facilities. No additional
examinations, investigations, explorations, tests, reports, studies or similar information or data in
respect of said underground facilities are or will be required by CONTRACTOR in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including specifically the
provisions of the General Conditions.
7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
tests, reports, and data with the terms and conditions of the Contract Documents.
7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution thereof
by PROJECT MANAGER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work, consisting of the following:
8.1 This Agreement
8.2 Exhibits to this Agreement.
8.2.1 Notice of Award
8.4 Notice to Proceed.
8.5 Information for Bidders.
8.6 Special Conditions.
8.7 General Conditions.
8.8 Drawings bearing the title: Virginia Drive, Park Lane, MacGregor Avenue, and Steamer Drive
Rehabilitation
8.9 Addenda (s).
8.10 Contractor’s Bid. (Bid Proposal, Price Quote, Bid sheet & Appendix)
8.11 Bid Bond
8.12 Performance & Payment Bond
8.13 Drawings, Plans, Details (including all CDOT and Larimer County documents as referenced)
8.14 Technical Specifications and Details.
8.15 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.16 Change Orders (post approval signatures)
8.17 Insurance Certificate, Business License, Tax Certification.
8.18 The following which may be delivered or issued after the Effective Date of the Agreement and
are not attached hereto:
All Written Amendments and other documents amending, modifying, or supplementing
the Contract Documents pursuant to the General Conditions.
The documents composing the Contract Documents are attached to this Agreement and made part hereof
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above. The Contract Documents may only be
amended, modified, or supplemented as provided in the General Conditions.
In case of conflicting provisions, requirements or discrepancies the order of application of the Contract
Documents is as follows:
1. Change Orders for clarification of drawings
2. This Agreement
3. Addenda
4. Drawings
5. Special Conditions
6. General Conditions
Article 9. MISCELLANEOUS
9.1 Reference to the General Conditions shall include modification thereto by any Supplementary
Conditions issued.
9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in
conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights
or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and
all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and
exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party.
9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect to all covenants, agreements and obligations contained in the Contract Documents.
9.5 In the event of default of any of the provisions of this Agreement by either party which shall
require the party not in default to commence legal actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs, including fees of experts, incurred because of the default.
Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred
by the OWNER by reason of claims filed by suppliers, subcontractors or other parties,
against the Retainage held by the OWNER where the OWNER has paid such sums to
the CONTRACTOR.
9.6 The OWNER has appropriated sufficient funds to pay the contract price.
9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any
Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents
shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All
portions of the Contract Documents have been signed, initialed or identified by OWNER and
CONTRACTOR or identified by PROJECT MANAGER on their behalf.
This Agreement will be effective as provided on the first page hereof.
TOWN OF ESTES PARK
By: ______________________________ By: __________________________
William C. Pinkham
Title: ____________________________ Title: ________________________
(If CONTRACTOR is a corporation
attach evidence of authority to sign.)
Attest: __________________________ Attest: ______________________
Address for giving notices: Address for giving notices:
170 MacGregor Avenue
P. O. Box 1200
Estes Park, Colorado 80517
970-577-3586, mmcbride@estes.org
To: Honorable Mayor Pinkham
Board of Trustees
Interim Administrator Richardson
From: Bo Winslow, Fairgrounds and Events Manager
Date: March 27, 2012
RE: Wireless Service Agreement for Fairgrounds
Background:
The need for wireless access at the fairgrounds has been requested by many of the
facility’s users.
Show Managers
The need to have access for the show manager is important so (s)he can continue to
communicate with clients that are coming to the show, check emails, and have access
to the internet to view the forms, rules and regulations necessary to produce the show.
(Each show has an average of ten staff who need access, with over twenty shows on
the property each summer. This includes judges, ring stewards, secretaries and other
show staff.) Keeping in touch with the different show sanctioning organizations is also
important. The United States Equestrian Federation (USEF) is the sanctioning
organization for many of our shows and having access to their website is imperative.
Show Participants
Internet access is standard at most other shows. Keeping our customers happy and in
touch with the types of services they are accustomed to is an important piece in the
challenge to meet customers’ needs. (In 2010 the Hunter Jumper show had about 2700
show participants in three weeks.) Having access allows them to keep in touch with
family at home and have an amenity that may keep them coming back.
Rodeo Contestants, Secretary and Sponsors
Rodeo contestants (over 600 in 2011) need access to be able to keep up to date on
both our rodeo as well as where they are going next. They need to keep in touch with
the PRCA to see what their status is at previous rodeos as well as checking to see
Memo
Community Services
when they may be up at other rodeos. The secretary needs access in order to do the
work PRCA requires. Sponsors need access to stay in touch with their companies so
they can continue to do business and take care of things while they are away.
Veterinarian
Most events require a vet to be on the property. This person needs access to the
internet to research problems, as well as download forms for procedures and exams.
Vendors
There are over 200 vendors that come to events at the fairgrounds. Many of these
vendors could use the internet to process orders. It is also a nice service to have
available, as many of these people travel around the country, and wireless internet
access is the best way to plan for future shows, order new inventory and just keep in
touch.
Currently staff goes online for many of the above customers to assist them with their
needs. Having wireless access will save staff a significant amount of time. (For
example, the superintendant of the Llama show needs a certain rule from the show
book. Currently we go online for her, download the rule, print it off and give it to her;
this is just one example of many. During rodeo we have to download, to a storage
device, the nightly day sheets for the secretary since she has no access.)
Scottish Festival
The Scottish Festival requested wireless access to do ticket sales for 2011. They used
electronic tickets for the first time in 2011 and needed wireless internet access to be
able to process the tickets. This service had to be temporarily set up in order to meet
the needs. The events division is also looking into online ticket sales and wireless
access is going to be needed for this as well.
Bids
Although the Town’s procurement policy does not specifically address transactions at
which no Town funds are expended, because the value of the service is estimated at
$20,000, the following policy excerpt guided staff in determining how to proceed.
4. Capital Purchases under $30,000 and more than $5,000
Capital purchases exceeding $5,000 but less than $30,000 shall be made only when
said goods or services have been approved through the budget process. These
purchases require approval by the Town Administrator before acquisition of the good or
service can be obtained. Purchases under this category that have not been approved
through the budget process shall require approval by the Town Board of Trustees at a
scheduled Town Board meeting. Purchases under this category shall require (3)
competitive bids/quotes regardless if the item(s) to be purchased were pre-approved
via the budget process. These purchases require approval of the Town Administrator
before being presented to the Town Board of Trustees. The following process shall
include:
a. A memorandum to the Town Administrator requesting release of approved funds to
effect the purchase of goods or services (and attachment of the 3 competitive bids).
b. Those purchases requested that are not within the approved budget require an
action item addressed to the Town Board of Trustees (and attachment of the three
competitive bids). (See Attachment A for bids.)
Staff contacted three local companies, Airbits, Baja Broadband, and Rocky Mountain
Data Availability Services (RMDAS), to request a bid for wireless internet services at the
fairgrounds.
Each vendor was advised that the Town is looking to provide wireless internet services
to the users of the fairgrounds property. This service needs to cover the entire property.
The equipment needed to be installed and adjusted for maximum coverage. The
service needs to be as fast as possible, with many access points throughout the
property. Staff also said they wanted equipment of excellent quality and rated for an
exterior application where applicable. Staff advised each vendor of the need to come to
the property for a walk through to get a better understanding of what was needed. Staff
advised that technical support would be necessary for the service as well.
• Airbits decided not to bid.
• Baja Broadband could only offer 8-12 mbps (band width-not symmetric).
Fairgrounds staff would need to do trenching to have service in some parts of the
property. Service would not cover entire property. Baja would like to trade
expense of equipment for event sponsorship.
• RMDAS (Rocky Mountain Data Availability Services) would provide 45 mbps with
over 100 mbps planned in the future (the future plan would also allow for
redundant band width). RMDAS’ equipment would cover the entire property.
RMDAS would maintain and own the equipment. RMDAS would provide a faster
service that is symmetric (same speed for upload and download which is
important when processing credit cards)(Vendors would have access to 10 Mbps
up and down and guest would have 5 Mbps up and 1 Mbps down). In exchange
for the $15,000 of equipment and $5,000 of labor, RMDAS will provide access for
all customers using the fairgrounds property. Equipment specifications
(Attachment B) and a fee schedule to explain fees RMDAS will charge
(Attachment C) are attached.
This project is ready to start. The contractor has the equipment in inventory and would
be able to complete project by June 1, 2012. This is a pilot program. The term of the
agreement is one (1) year with an option to renew each year through 2017 upon
agreement by both parties. The proposal has been reviewed by Utilities Superintendent
Fraundorf, IT staff, and Town Attorney White.
Budget:
Staff expects minimal (under $250) in expenses associated with this project. RMDAS is
requesting electrical outlets at the locations specified for their equipment. There are two
locations that will require outlets to be installed. This will come out of the Events
budget, account # 222-5500-455.25-02.
Staff Recommendation:
Staff recommends approval of a pilot wireless internet access agreement with RMDAS
for one year with an option to renew for five years.
Sample Motion:
I move for the approval/denial of the agreement with RMDAS to provide wireless
internet access to the Fairgrounds.
Attachment A
Baja Broadband price quote
Baja Broadband will provide wireless services to the Estes Park Fairgrounds in
exchange for continuous multiple advertising venues at the Fairgrounds during the
season of May 2011 through April 2012.
Baja Broadband will provide the following wireless services:
1) To Barn W, inside and outside the Grandstand area, Exhibit Bldg, Office,
Broadcaster’s Booth and Feed Barn.
2) 4 – 8M/1M wireless modems positioned at key “hotspots” for maximum signal.
3) Hotspots consist of 1 modem placed at the broadcaster’s booth and 1 modem
inside the grandstand. Two additional hotspots will be chosen in which modems
will be concealed from the weather.
4) Wireless modems remain the property of Baja Broadband and will be maintained
by Baja Broadband Estes Park Technician.
5) Total Value $2529.95
a. 8M/1M @ $84.95 each ($339.80) and 4- wireless modems @ $9.25 each
($37.00) = $376.80.
b. 5 months of service $376.80 x 5 = $1884.00
c. One-time installation fee = $49.95
d. 250 conduit for trenches = $215.00
e. 300 ft. of cable pulled into conduit = $231.00
f. Materials used in the process = $150.00
Estes Park Fairgrounds will provide Baja Broadband with the following:
1) Trenching from Mannford Ave. to Barn W and trenching for future service to the
campgrounds.
2) Large Baja Broadband arena sign provided by Estes Park Fairgrounds.
3) Minimum of 4 Announcements during rodeo and all summer fairground events.
4) Full page program ads
5) link on www.rooftoprodeo.com
6) Booth space for promotion
7) Event Flag
8) Free parking and event admission for all Baja Employees.
9) Box seats for 3 nights.
Attachment A
RMDAS price quote
RMDAS operates and maintains the Wi-Fi network that currently serves all of downtown
Estes Park. RMDAS recommends installing up to 10 wireless modems to provide the
Fairgrounds with the coverage needed as well as the connectivity required for the
amount of vendors and other customers that will be on property. Most wireless
modems can only support around 15-35 concurrent devices and as a result a more
dense installation of modems is required to provide fast speeds to large amounts of
people.
1) See attached map of service locations.
2) Up to 10 high speed 802.11b/g/n (300Mbps) wireless carrier grade modems
positioned for maximum coverage of the entire property, including all buildings
and parking lots. The entire property will require between 5 and 10 wireless
modems and internet connections to deliver adequate coverage. RMDAS will
make this determination as they install modems with a full professional RF site
survey.
3) All equipment will be installed and maintained by RMDAS while on Town
property. All equipment will remain property of RMDAS.
4) Total Value $20,000.
a. Six Months of Internet Service = $5940 (The network will actually be
online and available year round, value $11,880)
b. Ruckus Zone Flex 7762 and 7962 dual band 802.11n smart wi fi
access point equipment. (spec sheet attachment b) = approx $6000
c. Installation Fees (two techs) = 32 hours @ $179 per hour X 2 = $5728
d. Full during and after installation site-survey to guarantee full property
coverage = $449
e. Materials, mounting hardware, and cabling = $400
f. Custom login portal and all associated equipment valued at $1484
5) If customer has trouble with access, RMDAS will provide full telephone, email,
and in-office support including personal ON-SITE support for all vendors during
fairgrounds operating hours.
Town of Estes Park will:
1) Provide locations and power supply for all modems (all modems would be
installed as discreetly as possible and where there is existing power.
Attachment A
The more modems in place the more people can be connected in a small area, the
better the overall coverage, the more reliable, and the faster the service will be for the
customer.
RMDAS Wireless Access Point Placements:
Attachment B
Attachment B
Attachment C
Fees and Pricing
The pricing below is shown as a per-device price.
User pricing (visitor/guest)-5 Mbps down 1 Mbps up
2 Hours - $1.95
8 Hours - $3.95
1 Day - $6.95
1 Week - $6.95
1 Month - $19.95
Vendor/Business Pricing-10 Mbps up and down
1 Day - $19.95
The Town’s pricing for business use (e-ticketing, Credit Card Machines, etc)
1 Day - $19.95
- General support and guest support is available from 9am-5pm Monday-Friday.
- Priority support for the Town and other Vendors is available 7am-10pm every day,
during an event.
- RMDAS Network Monitoring and Outage Response 24/7.
- RMDAS will provide free onsite support and services if the problem is deemed a
Network issue.
- RMDAS will provide free connection assistance to ensure devices are connected
properly.
- RMDAS onsite hands-on assistance and consulting is available at $75/hr.
Wireless Broadband Network and Lease Agreement
THIS WIRELESS BROADBAND NETWORK AND LEASE AGREEMENT (“Agreement”), dated as of
March _____, 2012 (the "Effective Date"), and entered into by and between the Town of Estes
Park, a State of Colorado municipal corporation, with its governmental offices located at 170
MacGregor Avenue, Estes Park CO 80517 (the “Town"), and Rocky Mountain Data Availability
Services, Inc., a Colorado Corporation, with its principal offices located at 1180 Woodstock
Drive, Estes Park, CO 80517 ("RMDAS or Contractor"). The Town and RMDAS may also be
referred to herein as the “Parties” and each as a “Party.”
Recitals
The Town of Estes Park seeks a relationship with private industry in general and RMDAS in
particular, to create a Fairgrounds‐wide wireless broadband network (“Network”), as defined in
Section 1.11. RMDAS desires to install, operate and maintain such Network, pursuant to and in
accordance with the provisions of this Agreement and with regulations promulgated by the
Federal Communications Commission (FCC), a broadband high‐speed communications network,
using Network Facilities, as defined in Section 1.12, and certified by the FCC.
The Town is the owner of physical property and/or structures located at Stanley Park
Fairgrounds in the Town of Estes Park, County of Larimer, State of Colorado.
For purpose of operating its Network, RMDAS wishes to locate, place, attach, install,
operate, and maintain Network Facilities on property owned by the Town.
Agreement
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree to the following covenants, terms, and conditions:
1. DEFINITIONS. The following definitions shall apply to the provisions of this Agreement:
1.2 Conditions of Use. “Conditions of Use” means the terms and conditions applicable to use of
Services, including without limitation terms and conditions relating to log‐in procedures,
authentication, restrictions on use, and recurring and nonrecurring charges for use.
1.3 Town. "Town" means the Town of Estes Park, Colorado.
1.4 Fee. "Fee" means any assessment, charge, or levy of general application to entities doing
business in the Town lawfully imposed by any governmental body (but specifically excluding
any taxes).
1.5 Free Service. “Free Service” means the wireless broadband communications service
provided by RMDAS at speeds of approximately 500 Kbps at no cost to the user for up to 15
minutes per day. Free Service shall be subject to applicable Conditions of Use. All Free Service
shall be routed to the Internet utilizing facilities provided by RMDAS.
1.6 Including. “Including” means including without limitation.
1.7 Installation Date. "Installation Date" shall mean the date that the first
Network Facility is installed by RMDAS pursuant to this Agreement.
1.8 Laws. "Laws" means any and all statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates,
orders, or other requirements of the Town or other governmental agency having joint or
several jurisdiction over the parties to this Agreement.
1.9 Leased Facilities. “Leased Facilities” is defined in Section 3.1.
1.10 Municipal Use. “Municipal Use” means use by the Town or its employees solely for the
internal business purposes of the Town. All Municipal Use shall be routed to the Internet
utilizing facilities provided by the Town.
1.11 Network. “Network” means the wireless broadband Network to be installed, maintained
and operated in order to provide the RMDAS Services described in this Agreement. “Network”
shall include all Network Facilities.
1.12 Network Facilities. “Network Facilities” mean radios, antennas, wires, cables or other
equipment or fixtures necessary to the operation of the Network.
1.13 Services. "Services" means 802.11b/g/n broadband communications provided by RMDAS
within the Fairgrounds and such other wireless broadband communications connectivity as
RMDAS may in its discretion choose to provide on the Fairgrounds property.
2. TERM. This Agreement shall be effective as of the Effective Date through December 31, 2012
and be renewed annually for an additional four (4) years on the same terms and conditions for
each year. Either party may terminate this Agreement by written notice to the other party not
less than thirty (30) calendar days prior to the commencement of each new annual term.
3. SCOPE OF AGREEMENT/LEASE AND USE OF MUNICIPAL FACILITIES. RMDAS shall have the
right to install, operate and maintain the Network subject to and other provisions of this
Agreement.
3.1 Lease. The Town leases to RMDAS and RMDAS leases from the Town the physical property
referenced on Exhibit A (the “Leased Facilities”) located in the Town of Estes Park, as shown on
the Site Plan attached as Exhibit B. RMDAS intends to locate its Network Facilities, as described
fully on the attached Exhibit B, on the Leased Facilities. RMDAS may not add additional Network
Facilities from that shown on Exhibit B, without the prior written approval of the Town. In
addition, subject to and in accordance with the provisions of Section 3.7 below, RMDAS shall
have the right to draw electricity for the operation of the Network components from the power
source associated with each such attachment.
3.2 Compliance with Laws/Preservation of Police Powers. RMDAS and the Town shall each
comply with all applicable Laws in the exercise and performance of its rights and obligations
under this Agreement. The Town reserves all rights to exercise its lawful police powers, and
RMDAS shall comply with the same.
3.3 Obtaining Required Permits; Terms and Conditions. If the attachment, installation,
operation, maintenance, or location of the Network Facilities shall require any permits, RMDAS
shall apply for the appropriate permits. RMDAS shall not be required to pay any fee to the
Town for in connection with any land use permits, but shall be required to pay such standard
and customary permit fees for any traffic, construction and other related authorizations
required pursuant to the Town Code. Consistent with its standard and customary practices, the
Town shall promptly respond to RMDAS’ requests for permits and shall otherwise cooperate
with RMDAS in facilitating the deployment of its Network in a reasonable and timely manner.
3.4 Completion of Initial Project. RMDAS shall use commercially reasonable efforts to install on
or before May 15, 2012 all Network Facilities necessary to be able to provide Services to
customers at the Fairgrounds as of the effective date of this Agreement.
3.5 Office within the Town. For the complete term of the Agreement, in recognition of the
need for a local presence, RMDAS shall establish and maintain an office within the Town of
Estes Park, Colorado at an accessible location for providing sales and administrative services,
dispatching service calls, processing complaints, and other reasonably related services.
3.6 Electricity Charges. The Town shall be solely responsible for all electrical utility charges for
the Network Facilities. Notwithstanding the Town’s obligation to pay electrical utility charges as
described herein, the Town shall have no obligation to or construct new electrical facilities,
routers or any other equipment that may be necessary to facilitate RMDAS’ operations.
4. USE OF THE NETWORK. Use of and access to the Network shall be in RMDAS’ sole discretion
within the parameters set forth in this Agreement.
4.1 Customer Conditions of Use. Any use of the Network or Services shall be subject to
applicable Conditions of Use, which may be modified at any time in RMDAS’ discretion. All users
shall be required to assent to applicable Conditions of Use prior to any use of the Network or
Services, and each user shall be bound by such Conditions of Use. RMDAS shall provide the
Town a copy of applicable Conditions of Use upon request, and shall also use commercially
reasonable efforts to advise the Town of any material change in Conditions of Use, including
changes in prices for Services.
5. COMPENSATION. As compensation to the Town for RMDAS’ lease, entry upon and
deployment on the Town’s property, RMDAS shall provide users of the Network free access to
Town websites as well as free access to the Network to all Town Employees.
5.1 Access Fees. The Town will be required to pay for access to Network for business purposes
(i.e. eTicket, Surveillance, etc). These fees are shown in Exhibit C.
6. INSTALLATION, MAINTENANCE AND RELOCATION OF NETWORK FACILITIES.
6.1 RMDAS shall have the right, at its sole cost and expense, to install, operate and maintain on
the Leased Facilities, in accordance with good engineering practices and with all applicable FCC
rules and regulations, its Network Facilities as described on Exhibit B.
6.2 RMDAS’ installation of its Network Facilities shall be done in compliance with all applicable
building, fire, sanitary and safety codes and regulations and other applicable laws, statutes,
regulations and ordinances. All construction and maintenance relating to Network Facilities
shall be and remain the responsibility of RMDAS, regardless of who performs installation and/or
construction. RMDAS shall apply for and obtain all permits necessary for the installation and/or
construction of its Network Facilities, and submit permit plans to the Town within ten (10) days
of obtaining ’s written consent to RMDAS’ plans and specifications. All plans for construction,
alteration or changes shall be signed and sealed by an architect or engineer licensed by the
State of Colorado. RMDAS shall pay all applicable fees due for construction permits.
6.3 Location of Network Facilities. The proposed locations of RMDAS’ planned initial
installation of Network Facilities shall be provided to the Town promptly after RMDAS’ review
of Fairgrounds facility and prior to deployment of the Network Facilities. Prior to beginning
construction, RMDAS shall provide the Town with plans and specifications, an initial written
construction schedule for work. All plans and specifications and schedules are subject to the
prior written approval of the Town. The Town’s written approval of the plans and specifications
and schedules shall create no responsibility or liability on the part of the Town for the
completeness, design, sufficiency or compliance with all laws, rules and regulations of
government agencies or authorities. RMDAS shall submit reports with maps identifying the
number, location and types of Network Facilities planned to be installed during the following
month, until the system is complete. All such installation shall be subject to Town review, per
applicable provisions of the Town Code.
6.4 Inspections. The Town shall have the right to inspect any or all work required for the
installation of the equipment. RMDAS shall reimburse the Town reasonable costs for such
inspections.
6.5 Emergency Repairs. In the event emergency repairs are necessary for its Network Facilities,
RMDAS shall immediately notify the Town in writing of the need for repairs. RMDAS may
immediately initiate emergency repairs, and shall apply for appropriate permits the next
business day following discovery of the emergency. RMDAS shall comply with all laws relating
to construction, including payment of permit or license fee.
6.6 Relocation at Town’s Direction. RMDAS understands and acknowledges that Town may
require RMDAS to relocate one or more of its Network Facilities, and RMDAS shall at Town's
direction relocate such Network Facilities at RMDAS’ sole cost and expense, whenever Town
reasonably determines that the relocation is needed for any of the following purposes: (a) if
required for the construction, completion, repair, relocation, or maintenance of a Town project;
(b) because the Network Facility is interfering with or adversely affecting proper operation of
Town‐owned light poles, traffic signals, Town or other governmental communications network
or device, or other Municipal Facilities; or (c) to protect or preserve the public health or safety.
In any such case, Town shall, at no cost to the Town, use reasonable efforts to afford RMDAS a
reasonably equivalent alternate location. If RMDAS shall fail to relocate any Network Facilities
as requested by the Town within thirty (30) days, the Town shall be entitled to relocate the
Network Facilities at RMDAS’ sole cost and expense, without further notice to RMDAS. To the
extent the Town has actual knowledge thereof, the Town will attempt promptly to inform
RMDAS of the displacement or removal of any pole on which any Network Facilities are located.
6.7 Advertising. The Town authorizes RMDAS to employ sales and marketing tactics to
promote the availability of advertising inventory on the Network and to secure paid advertising
to run on the Network: i) using the Town’s trade name and trademark on the RMDAS website
to identify the Town as a member of the RMDAS Wi‐Fi Network, ii) supplying potential
advertisers with basic information about the Network such as the estimated monthly
connection volume, and (iii) any other similar, related or reasonable related tactics adopted by
RMDAS for this purpose.
6.8 Advertising Approval. RMDAS will submit advertiser information for its Advertising
Campaigns it wishes to run on the Network to the Town for approval. Advertising Campaigns
will be submitted to the Town by RMDAS via email in the form of a Campaign Brief. The Town
shall authorize RMDAS to execute a campaign on the Network by providing written approval of
the Campaign Brief.
6.9 Municipal Facilities Access.
6.14.1 RMDAS shall have 24 x 7 access to the Leased Facilities by means reasonably
designated by the Town in order to install, operate, and maintain its Network Facilities.
6.14.2 The Town retains full access to the Leased Facilities as the Town may deem
necessary at all reasonable times to examine and inspect the Leased Facilities for safety
reasons, to repair the Leased Facilities, to post notices or to ensure that the RMDAS’ covenants
are being met. The Town may erect scaffolding or other structures where reasonably required
by the work to be performed providing that RMDAS’ use of the Leased Facilities is not
unreasonably impaired, and RMDAS waives any claims for damages, injury or inconvenience to
or interference with RMDAS’ business, any loss of occupancy or quiet enjoyment of the Leased
Facilities, and any other loss occasioned thereby. Entry obtained by the Town by any reasonable
means shall not under any circumstances be construed or deemed to be forcible or unlawful
entry into or detainer of the Leased Facilities, or an eviction of the RMDAS from the Leased
Facilities or any portion thereof. The Town shall not be liable for admitting by passkey or
refusing to admit to the Leased Facilities, RMDAS, its agents, employees or other persons
claiming right of entry.
6.10. Alterations, Additions, Improvements and Equipment Upgrades. RMDAS may update or
replace the Network Facilities from time to time with the prior written approval of the Town,
provided that the replacement facilities are not greater in number or size than the existing
Network Facilities and that any change in their location in the is approved in writing by the
Town. RMDAS shall submit to the Town a detailed proposal for any replacement facilities and
any supplemental materials, as may be requested, for the Town's evaluation and approval. No
equipment upgrade or replacement may be undertaken without an interference review and
written approval of the Town prior to the installation. The Town shall not unreasonably
withhold such approval. Upon termination of this Agreement, RMDAS at its sole cost and
expense shall remove any alterations, additions, improvements or equipment upgrades and
shall repair with all due diligence and at its sole cost and expense any damage to the Municipal
Facilities caused by removal.
6.11 As – Built Drawings. Within forty‐five (45) days after commencement of the Services,
RMDAS shall provide the Town with as‐built drawings of the Network Facilities and the
improvements installed, which show the actual location of all Network Facilities, equipment
and improvements consistent with Exhibit B. The as‐built drawings shall be accompanied by a
complete and detailed inventory of all equipment, personal property, and Network Facilities.
6.12 Maintenance. RMDAS shall have sole responsibility for the maintenance, repair, and
security of its Network Facilities, and leasehold improvements, and shall keep the same in good
repair and condition during the Lease term.
7. OWNERSHIP OF THE NETWORK. RMDAS shall have and retain ownership of the Network and
no portion of the Network shall become a fixture unless RMDAS expressly agrees otherwise in
writing. RMDAS shall have and retain ownership of all intellectual property rights and
ownership of all documents, data, studies, surveys, maps, models, photographs, designs,
diagrams, equipment, software, reports or other materials prepared by RMDAS or its
contractors relating to this Agreement, the Network or the Services.
7.1 Bankruptcy/Change of Control or Ownership. If any voluntary or involuntary petition or
similar pleading under any section or sections of any bankruptcy act shall be filed by or against
RMDAS, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted
to declare RMDAS insolvent or unable to pay RMDAS’ debts, or RMDAS makes an assignment
for the benefit of its creditors, or a trustee or receiver is appointed for RMDAS or for the major
part of RMDAS’ property, the Town may, if it so elects but not otherwise, and with or without
notice of such election or other action by the Town, forthwith terminate this Agreement.
8. INDEMNIFICATION AND WAIVER. RMDAS agrees to indemnify, defend, protect, and hold
harmless the Town, its elected and appointed officials, officers, and employees from and
against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties,
administrative and judicial proceedings and orders, judgments, and all costs and expenses
incurred in connection therewith, including reasonable attorney's fees and costs of defense
(collectively, the "Losses") to the extent such Losses directly or proximately result from RMDAS’
activities undertaken pursuant to this Agreement, except to the extent arising from or caused
by (a) the negligence or willful misconduct of the Town, its elected and appointed officials,
officers, employees, agents, or contractors, (b) Municipal Use or (c) a breach of this Agreement
by the Town.
8.1 Waiver of Claims. RMDAS waives any and all claims, demands, causes of action, and rights it
may assert against the Town on account of any loss, damage, or injury to any Network Facilities
as a result of Force Majeure or any loss or degradation of the Services as a result of Force
Majeure.
9. INSURANCE. RMDAS shall obtain and maintain at all times during the term of this Agreement
the following:
9.1 Commercial General Liability Insurance protecting RMDAS in an amount not less than Two
Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and
property damage, and in an amount not less than Five Million Dollars ($2,000,000) annual
aggregate for each personal injury liability and products‐completed operations. The
Commercial General Liability insurance policy shall name the Town, its elected and appointed
officials, officers, and employees as additional insured as respects any covered liability arising
out of RMDAS’ performance of work under this Agreement. Coverage shall be in an occurrence
form and in accordance with the limits and provisions specified herein. Such insurance shall not
be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the
Town has received at least thirty (30) days advance written notice of such cancellation or
change. RMDAS shall be responsible for notifying the Town of such change or cancellation.
9.2 Workers Compensation. RMDAS shall at all times provide workers compensation coverage
in compliance with Colorado law.
9.3 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant
to this Agreement, RMDAS shall file with the Town the required original certificate(s) of
insurance with endorsements, which shall state the following:
(a) the policy number; name of insurance company; name and address of the agent or
authorized representative; name and address of insured; project name; policy expiration date;
and specific coverage amounts;
(b) that the Town shall receive thirty (30) days' prior written notice of cancellation;
(c) that RMDAS’ Commercial General Liability insurance policy is primary
as respects any other valid or collectible insurance that the Town may possess, including any
self‐insured retentions the Town may have; and any other insurance the Town does possess
shall be considered excess insurance only and shall not be required to contribute said
insurance; and
(d) that RMDAS’ Commercial General Liability insurance policy waives any right of recovery the
insurance company may have against the Town. The certificate(s) of insurance with
endorsements and notices shall be mailed to the Town at the address specified in Section 10
below.
9.4 Insurer Criteria. Any insurance company of RMDAS shall be authorized to do business in the
State of and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide
of “A" Overall and a Financial Size Category of $10,000,000 to $25,000,000.
10. NOTICE. All notices which shall or may be given pursuant to this Agreement shall be in
writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail postage prepaid; (b) by means of prepaid overnight delivery service;
or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery
through the U. S. mail or by overnight delivery service as just described, addressed as follows:
If to the Town:
Betty Kilsdonk
Community Services Director
PO Box 1200
Estes Park CO 80517
970‐577‐3760
bkilsdonk@estes.org
With a copy to:
Town Attorney
Gregory A. White
1423 West 29th Street
Loveland, CO 80538
If to RMDAS:
Eric Calkins & Mark Repine
1180 Woodstock Drive
Suite B
Estes Park, CO 80517
10.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in
the case of personal delivery, three (3) days after deposit in the mail, or the next business day
in the case of facsimile, email, or overnight delivery. Either party may from time to time
designate any other address for this purpose by written notice to the other party delivered in
the manner set forth above.
11. AMENDMENT OF AGREEMENT. This Agreement may not be amended except pursuant to a
written instrument signed by both parties.
12. TERMINATION. This Agreement may be terminated by either party upon sixty (60) days'
prior written notice to the other party upon a default of any material covenant or term hereof
by the other party, which default is not cured within sixty (60) days of receipt of written notice
of default (or, if such default is not curable within sixty (60) days, if the defaulting party fails to
commence such cure within sixty (60) days or fails thereafter diligently to prosecute such cure
to completion), provided that the grace period for any monetary default shall be thirty (30)
days from receipt of notice. Except as expressly provided herein, the rights granted under this
Agreement are irrevocable during each term. Notwithstanding any other provision of this
Agreement, RMDAS may terminate this Agreement without penalty in the event all permits,
consents and authorizations reasonably necessary for the construction and operation of the
Network have not been obtained by RMDAS within one hundred and eighty (180) days after the
Effective Date.
13. ASSIGNMENT/TRANSFER/CHANGE OF CONTROL. This Agreement shall not be assigned or
transferred by RMDAS without the express written consent of the Town. The Town’s consent
shall also be required for any change of control of RMDAS. For purposes of this Section,
“change of control” shall mean any action which results in a change in the actual day to day
management and operational control of RMDAS. With respect to any consent required by the
Town, such consent shall not be unreasonably withheld, conditioned, or delayed. RMDAS shall
cooperate with the Town and shall make available any information reasonably requested by the
Town in order to assist the Town in evaluating a proposed assignment, transfer or change of
control. Notwithstanding the foregoing, the transfer of the rights and obligations of RMDAS
hereunder to a parent, subsidiary, successor, or affiliate shall not be deemed an assignment for
the purposes of this Agreement.
14. NO OTHER WARRANTIES; LIMITATION OF LIABILITY
EXCEPT FOR THE WARRANTIES PROVIDED IN SECTION 16.8, ALL PRODUCTS, SERVICES, AND
INFORMATION PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS.” RMDAS
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, RESULTS, LACK OF NEGLIGENCE, TITLE, QUIET ENJOYMENT, AND
NON‐INFRINGEMENT.
EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS SECTION 14, BUT NOTWITHSTANDING
ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, RMDAS’ LIABILITY TO THE TOWN
FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ITS
TERMINATION OR EXPIRATION, OR ANY USE OF OR INABILITY TO USE ANY PRODUCTS OR
SERVICES, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT,
WARRANTY, TORT, NEGLIGENCE, PRODUCTS LIABILITY, TRADE USAGE, OR OTHERWISE, WILL
IN NO CASE EXCEED, IN THE AGGREGATE, ONE HUNDRED THOUSAND DOLLARS ($100,000.00).
IN NO EVENT SHALL RMDAS OR THE TOWN BE LIABLE TO THE OTHER FOR LOST PROFITS, LOST
REVENUES, INTERRUPTION OF GOVERNMENT OPERATIONS, OR LOSS OF SERVICE, PRIVACY,
DATA SECURITY OR INTEROPERABILITY, OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
PUNITIVE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE.
15. MISCELLANEOUS PROVISIONS.
15.1 Nonexclusive Agreement. RMDAS understands that this Agreement does not provide
RMDAS with exclusive use of the Fairgrounds Property and that the Town shall have the right to
permit other providers of communications services to install equipment or devices on
Fairgrounds Property, subject to the provisions of this Agreement, including without limitation
Section 15.2.
15.2 Non‐interference. The Network shall not cause interference to any pre‐existing networks
or network facilities within the Town, and if any such interference is identified, RMDAS shall
take reasonable steps to correct such interference within a reasonable period of time.
With respect to the 4.9 MHz public safety communications network, the Network shall not
cause interference with the Town’s or any other governmental entity’s public safety
communications network. If such interference is identified, upon notification to RMDAS,
RMDAS shall immediately commence any action necessary to eliminate such interference.
Should the Network interference issues not be resolved within a period of time reasonably
determined by the Town to protect the public health and safety, the Town may take such
actions as it deems reasonably necessary to restore the operability of the public safety
communications network(s), including if necessary, the shutting down of any interfering
Network Facilities.
15.3 Waiver of Breach. The waiver by either party of any breach or violation of any provision of
this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent
breach or violation of the same or any other provision of this Agreement.
15.4 Severability of Provisions. If anyone or more of the provisions of this
Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void,
voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining
provisions of this Agreement and shall not affect the legality, validity, or constitutionality of the
remaining portions of this Agreement.
15.5 Contacting RMDAS. RMDAS shall provide the Town 24x7 live access for the reporting of
problems or complaints resulting from the attachment, installation, operation, maintenance, or
removal of the Network Facilities. Additionally a contact list will be provided for escalation of
any unresolved issues.
15.6 Governing Law; Jurisdiction; Attorney Fees. This Agreement shall be governed and
construed by and in accordance with the laws of the State of Colorado, without reference to its
conflicts of law principles. If a party brings suit to enforce this Agreement, or, subject to Section
15, to recover damages for any violation, the parties agree that trial of such action shall be
vested exclusively in the courts of Larimer County, Colorado, or in the federal Court in the State
of Colorado having jurisdiction over the dispute. If any suit or action is instituted or prosecuted
to interpret or enforce any provision of this Agreement, the prevailing Party in such suit or
action shall be entitled to recover from the other Party costs, expenses and reasonable
attorney fees incurred by such prevailing Party in connection with such suit or action, in
addition to all other sums allowed by law and this Agreement, both at trial and on appeal.
15.7 Consent Criteria. In any case where the approval or consent of one Party hereto is
required, requested or otherwise to be given under this Agreement (other than discretionary
consent), such Party shall not unreasonably delay, condition, or withhold its approval or
consent.
15.8 Representations and Warranties.
15.8.1 Representations and Warranties by the Town. The Town represents, warrants, and
covenants that (a) this Agreement has been duly and validly executed and delivered by the
Town and constitutes a legal and binding obligation, enforceable against the Town in
accordance with its terms and applicable Laws; (b) the Town has all necessary power and
authority to execute and to perform in accordance with this Agreement, and all required
authorizations have been obtained (except to the extent authorization or permission is required
pursuant to Section 3.2 above with respect to third‐party property); and (c) the Town’s
execution, delivery and performance of this Agreement will not conflict with or violate any
provision of law, rule, or regulation to which the Town is subject, or any agreement or other
obligation directly or indirectly applicable to the Town.
15.8.2 Representations and Warranties by RMDAS. RMDAS represents, warrants, and
covenants that (a) this Agreement has been duly and validly executed and delivered by RMDAS
and constitutes a legal and binding obligation, enforceable against RMDAS in accordance with
its terms; (b) RMDAS has all necessary power and authority to execute and to perform in
accordance with this Agreement, and all required authorizations have been obtained (except to
the extent authorization or permission is required pursuant to Section 3.2 above with respect
to third‐party property); (c) the Network shall be constructed and shall operate in substantial
conformance with applicable specifications in all material respects; and (d) RMDAS’ execution,
delivery and performance of this Agreement will not conflict with or violate any provision of
law, rule, or regulation to which RMDAS’ is subject, or any agreement or other obligation
directly or indirectly applicable to RMDAS.
15.9 Independent Contractor. RMDAS warrants and agrees that it is engaged in an independent
business and that it and its employees and agents will perform under this Agreement as
independent contractors and not as agents or employees of the Town. Nothing in this
Agreement or any agreement entered into in furtherance of this Agreement shall create any
contractual relationship or liabilities between any agent or subcontractor and the Town. The
Town understands that RMDAS is in the business of providing Network Services, and nothing in
this Agreement shall (i) preclude RMDAS from entering into agreements with any other third
party to market or sell the Services described herein or any other services or (ii) limit in any way
RMDAS’ ability to use or allow use of the Network or Network Facilities for any activity, purpose
or service, including without limitation any advanced service, cable television service,
information service or telecommunications service, so long as such activity, purpose or service
is provided consistent with applicable Laws.
15.10 Confidentiality. RMDAS acknowledges that third persons may claim that confidential
information RMDAS submits to the Town hereunder may be, by virtue of its possession by the
Town, a public record and subject to disclosure. Subject to the Colorado Open Records Act, as
amended, and the following conditions, the Town agrees not to disclose, and to safeguard the
confidentiality of, any information RMDAS submits to the Town that (a) includes a written
request for confidentiality and specifically identifies the information to be treated as
confidential, or (b) is marked confidential or proprietary. If a third party makes an open records
request for information that the RMDAS has submitted in confidence, the Town shall notify
RMDAS of the request. The Town agrees not to disclose any information submitted in
confidence until a final order from a court or agency having authority to issue such order shall
have been issued, and any such disclosure shall be the minimum necessary to comply with such
order. RMDAS shall indemnify and reimburse the Town for any reasonable attorney fees
incurred in maintaining the confidentiality of RMDAS’ information pursuant to this Section. The
Town and its officers and employees shall have no liability of RMDAS for the disclosure of
confidential information to the extent a court or agency orders the Town to do so. Upon
expiration or termination of this Agreement, the Town shall return to RMDAS all RMDAS
confidential information that has been provided to or otherwise received by the Town and the
Town shall not retain copies of such RMDAS confidential information. Alternatively, the Town
may destroy such confidential information, and certify to RMDAS this fact in writing. To the
extent the Town has made or prepared evaluations, notes or other materials regarding this
Agreement or any subject or matter relating hereto based in whole or in part on any RMDAS
confidential information, the Town shall destroy all such materials, including any copies, and
shall furnish to RMDAS a duly executed certificate attesting to such destruction.
15.11 Force Majeure. If either Party’s ability to perform any of its obligations under this
Agreement is prevented, restricted or delayed because of unforeseen circumstances beyond
that Party’s reasonable control, including but not limited to an act of God, war, terrorism, riot,
embargo, strike, epidemic, act of civil or military authorities, third‐party attack, fire, flood,
avalanche, or earthquake (a “Force Majeure”), the Party will be excused from performance of
such obligation to the extent and for the duration of such prevention, restriction or delay. The
Party so affected will give the other Party prompt notice of the Force Majeure, including the
probable duration thereof, and will promptly notify the other Party when the Force Majeure
has ended. During the Force Majeure, the affected Party will use reasonable efforts to avoid,
reduce or eliminate the Force Majeure prevention, restriction or delay of its performance of its
obligations under this Agreement.
15.12 Captions. The captions in this Agreement are inserted only for the purpose of convenient
reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any
part thereof.
15.13 Injunctive Relief. Each Party acknowledges and agrees that the other Party would be
damaged irreparably in the event any of the provisions of this Agreement are not performed in
accordance with their specific terms or otherwise are breached. Accordingly, each Party agrees,
that the other Party shall be entitled to an injunction or injunctions to prevent breaches of the
provisions of this Agreement and to enforce specifically the provisions of this Agreement.
15.14 No Third Party Rights. Nothing in this Agreement, express or implied, is intended or shall
be construed to confer upon or give to any person or entity other than RMDAS, its affiliates,
and the Town any rights, remedies, or other benefits under or by reason of the Agreement or
otherwise give rise to any cause of action by any person or entity not a Party hereto. Without
limiting the generality of the immediately preceding sentence, no user of Services shall have
any rights, remedies, or other benefits under or by reason of this Agreement.
15.15 No Waiver of Immunities. Nothing in this Agreement shall be construed as limiting or
waiving any of the rights and immunities that state or federal law grants to RMDAS and its
affiliates. Nothing in this Agreement shall be construed as limiting or waiving any of the rights
and immunities of the Town under the Colorado Governmental Immunity Act, or any other
state, federal or local law.
15.16 Specific Performance. Each Party acknowledges and agrees that the other Party would be
damaged irreparably in the event any of the provisions of this Agreement are not performed in
accordance with their specific terms or otherwise are breached. Accordingly, each Party agrees
that the other Party shall be entitled to an injunction or injunctions to prevent breaches of the
provisions of this Agreement and to enforce specifically the provisions of this Lease in any state
or federal court described in Section 16.6.
15.17 No Multi‐year Fiscal Obligation. Nothing contained herein shall be construed to
constitute a multi‐year fiscal obligation in violation of Article X, Section 20, of the Colorado
Constitution.
15.18 Entire Agreement. This Agreement contains the entire understanding between the
parties with respect to the subject matter herein. There are no representations, agreements, or
understandings (whether oral or written) between or among the parties relating to the subject
matter of this Agreement that are not fully expressed herein. In witness whereof, and in order
to bind themselves legally to the terms and conditions of this Agreement, the duly authorized
representatives of the parties have executed this Agreement as of the Effective Date.
15.19 Work By Illegal Aliens Prohibited. This paragraph shall apply to all contractors whose
performance of work under this Contract does not involve the delivery of a specific end product
other than reports that are merely incidental to the performance of said work.
(i) Contractor hereby certifies that, as of the date of this Contract, it does
not knowingly employ or contract with an illegal alien and that Contractor has
participated or attempted to participate in the E‐Verify Program or Department
Program as defined in C.R.S. §8‐17.5‐101(1) (“Program”) in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform
work under this Contract.
(ii) Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Contract or enter into a contract with a subcontractor that fails
to certify to Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Contract.
(iii) Contractor hereby certifies that it has confirmed the employment
eligibility of all employees who are newly hired for employment to perform work under
this Contract, through participation in the Program and, if Contractor is not accepted
into the Program prior to entering into this Contract, that Contractor shall apply to
participate in the Program every three (3) months until Contractor is accepted or this
Contract has been completed, whichever is earlier.
(iv) Contractor is prohibited from using the Program procedures to undertake
pre‐employment screening of job applicants while this Contract is being performed.
(v) If Contractor obtains actual knowledge that a subcontractor performing
work under this Contract knowingly employs or contracts with an illegal alien,
Contractor shall be required to:
(a) Notify the subcontractor and the Town within three (3) days that
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(b) Terminate the subcontract with the subcontractor if within three
(3) days of receiving the notice required pursuant to this subparagraph the
subcontractor does not stop employing or contracting with the illegal alien;
except that Contractor shall not terminate the contract with the subcontractor if
during such three (3) days the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (“Department”) made in the course of an
investigation that the Department is undertaking pursuant to the authority established
in C.R.S. Article 17.5.
If Contractor violates this paragraph, the Town may terminate this Contract for cause. If this
Contract is so terminated, Contractor shall be liable for actual and consequential damages to
the Town.
Town of Estes Park, a Colorado municipal
corporation.
RMDAS, a Colorado Corporation
By:
___________________________
By:
___________________________
Title: ___________________________
Title: ___________________________
Date: ___________________________
Date: ___________________________
Exhibit A‐ Leased Facilities ‐
1. The Town will need to provide and install a pole for mounting. Electrical will also need to be installed.
2. Gazebo Roof Mount
3. Barn W Indoor
4. Arena – Pole Mount (Using Existing Pole)
5. Restroom Roof Mount ‐ Indoor use of power will be available here.
6. Entrance ‐ Pole Mount (Using Existing Pole)
7. Horse Stall Area ‐ Pole Mount (Using Existing Pole)
Electrical will need to be installed to RMDAS’ outdoor enclosures at locations 1, 2, 3, 4, 6, and 7. RMDAS
will provide outdoor enclosures and conduit runs to their equipment. Conduit and wire will be provided by
the Town from a power source to the outdoor enclosure.
Exhibit B‐ Site Plan ‐
A total of 7 mounting locations will be required to provide the best coverage.
1. RV Parking ‐ Mounting Pole to be provided and installed by the Town. Equipment will be mounted at the
top of the pole; conduit will be installed down the pole to an outdoor rated enclosure. The outdoor
enclosure will be used to house electrical provided by the Town.
2. Gazebo Roof Mount ‐ Equipment will be mounted on a roof attached Tripod. Conduit will be run off the
roof to an outdoor enclosure. The outdoor enclosure will be used to house electrical provided by the Town.
…continued
Exhibit B
‐ Site Plan Continued‐
3. Barn W Indoor – Equipment will be mounted inside an outdoor rated enclosure near the rafters. The
outdoor enclosure will also be used to house electrical provided by the Town.
4. Arena – An existing pole will be used here. Equipment will be mounted at the top of the pole. Conduit
will be run down the pole to an outdoor enclosure. The outdoor enclosure will be used to house electrical
provided by the Town.
5. Restroom Roof Mount – Equipment will be mounted to a pole attached to the chimney type structure at
the peak of the roof. Ethernet cable will be run indoors where power will be obtained inside the
mechanical room.
6. Entrance ‐ An existing pole will be used here. Equipment will be mounted at the top of the pole.
Conduit will be run down the pole to an outdoor enclosure. The outdoor enclosure will be used to house
electrical provided by the Town.
7. Horse Stall Area ‐ An existing pole will be used here. Equipment will be mounted at the top of the pole.
Conduit will be run down the pole to an outdoor enclosure. The outdoor enclosure will be used to house
electrical provided by the Town.
Exhibit C
Fees and Pricing
The pricing below is shown as a per device price.
User pricing (visitor/guest)
2 Hours ‐ $1.95
8 Hours ‐ $3.95
1 Day ‐ $6.95
1 Week ‐ $6.95
1 Month ‐ $19.95
Vendor/Business Pricing
1 Day ‐ $19.95
The Towns pricing for business use (eTicketing, Credit Card Machines, etc)
1 Day ‐ $19.95
‐ General support and guest support is available from 9am‐5pm Monday‐Friday.
‐ Priority support for the Town and other Vendors is available 7am‐10pm every day, during an
event.
‐ RMDAS Network Monitoring and Outage Response 24/7.
‐ RMDAS will provide free onsite support and services if the problem is deemed a Network
issue.
‐ RMDAS will provide free connection assistance to ensure devices are connected properly.
‐ RMDAS onsite hands‐on assistance and consulting is available at $75/hr.
Exhibit D
Contact List
The contact list below should be called in the order listed. The contacts below are available
during business hours and are available 24/7 pursuant to section 16.5.
Facilities, Network, Technical, Administrative, Support, and Emergency
Eric Calkins
Vice President/CTO
Cell Phone: 970‐690‐2845
Office: 970‐292‐6722
Email: eric@rmdas.com
Administrative and Emergency
Mark Repine
President
Cell Phone: 970‐988‐4876
Office: 970‐292‐6722
Email: mark@rmdas.com
Emergency
Rachelle Repine
Secretary/Treasurer
Cell Phone: 970‐988‐4902
RMDAS Office and Hours
1180 Woodstock Drive
Suite B
Estes Park, CO 80517
Phone: 970‐292‐6722
Email: support@rmdas.com
Web: www.rmdas.com
9am‐5pm M‐F
To: Honorable Mayor Pinkham
Board of Trustees
Interim Administrator Richardson
From: Bo Winslow, Fairgrounds and Events Manager
Date: March 27, 2012
RE: Online Ticket Sales
Background:
Staff continues to look at opportunities to provide high-quality services to our customers,
be more efficient, increase revenues and cut expenses. Research into the world of
online ticket (e-tickets) sales has shown that adopting this practice will help staff meet
the above-mentioned needs. Staff currently sells tickets two ways, by phone and walk
up. Staff estimates phone sales are approximately 70% of all ticket sales. These calls
are mostly generated from a website directing the customer to call the office to
purchase tickets. The other 30% of ticket sales are from walk up customers, usually the
day of the event.
Staff currently sells tickets for the Westernaires, Rooftop Rodeo, Hunter Jumper
Concert and the Senior Pro Rodeo. Staff has contacted organizers of other private
events at the Fairgrounds and they also have an interest in using this system.
Another advantage to using online ticketing is the ability to capture data. Staff will be
able to print reports that let us know how people heard about the event and where they
are coming from. This information would be very beneficial as we work with Visit Estes
Park on the marketing of events. The ticketing web site also allows for advertising of
upcoming events and allows the customer to Facebook and tweet about their purchase
to encourage others to go online and purchase tickets.
All credit card information is processed on a secure site and no credit or personal
information is stored on Town computers.
Memo
Community Services
Staff researched many different venues including Colorado State Fair, Pepsi Center,
“The Ranch” in Loveland, Estes Park Scottish Festival and Oakley Rodeo in Utah. Staff
contacted four companies and was able to narrow the search to Thundertix. Thundertix
is a company that has an excellent rating with the Better Business Bureau. After review
of references and an online tour of the company’s processes, staff is recommending
going with Thundertix.
Thundertix is a web-based company that requires no software downloads (which is
good for the Town). This, in staff’s opinion, is the best way to go as it does not overload
the Town’s computer system and limits the potential for problems on our end (i.e., if our
computers are down, we can’t use the system). There is also local tech support.
The Town will be charged a base fee and not a per ticket fee. Staff has estimated the
Town’s e-ticket sales potential. The fee per year for up to 15,000 tickets is $5250.00
($.35 per ticket). Other companies had around $1.35 per ticket fee associated with
each transaction. The Town would also need to purchase equipment to allow the
processing of the tickets as well as equipment to scan the tickets. This is estimated to
cost $1200.00. Total cost is approximately $6450.00.
Imagitix, Diamond Tickets and Regtix were other companies contacted. Imagitix does
not host the site, requiring the Town to download the program which, as mentioned
above, puts unnecessary loads on the Town’s computers and can add problems to the
system on the Town’s end. There is approximately $1.20 in ticket fees assessed per
ticket sold with Imagitix system. Diamond Tickets is a parent company of Imagetix,
offering similar services. Regtix was contacted as well and they did not respond past
the first phone call.
Budget:
In the 2012 budget is $3225.00 for ticket printing and handling. This money is in acct. #
222-5500-455.29-16 and 222-5500-455.29-18. Staff is recommending a $2.00 handling
fee be assessed for each ticket sold. This would cover all credit card fees and also
cover the money spent on the system base fee and the equipment cost. For example, if
5,000 tickets were sold online, a total of $10,000 of unbudgeted revenue would be
generated. (This would cover the credit card fees and the cost of the service and
equipment.)
Budget 2012 (Spec. Rev. Fund 222-5500) $3,225
Additional Cost for Online Ticket Service $3,225
Total Cost, Online Ticket Service $6,450
Proposed Revenue
Handling Fee, 5,000 online tickets x $2.00 $10,000
Net Difference $3,750
Staff Recommendation:
Staff recommends expending $6250 to provide online ticket sales, using Thundertix as
the vendor for this process.
Sample Motion:
I move to approve/deny the use of online ticket sales, using Thundertix as the vendor
for this process.