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PACKET Public Works 2008-02-14
AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8 a.m. Thursday, February 14, 2008 preparation date: February 6,2008 PUBLIC COMMENT ACTION ITEMS: 1. Bark Beetle Management a. Request authorization to proceed with developing ordinance regulating Bark Beetle infestation on private property REPORTS: 1. Downtown Purple Heart Bench and Table Refurbishing 2. Sand Salt Storage Building Presentation 3. Street Sweeper unveiling Note: The Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. . 02/1172008 MON 15:24 FAX 9705862816 EP Administration @001 ********************************* *** FAX ACTIVITY REPORT TX/RX *** ********************************* ST. TIME DESTINATION ADDRESS NO. MODE PGS. RESULT *02/06 15:54 9705866909 5001 AUTO RX ECM 1 OK 00' 16 *02/06 17:57 6672527 0001 SEQ. BROADCAST ECM 1 OK 00' 30 *02/06 17:59 5869532 0001 SEQ. BROADCAST ECM 1 OK 00' 29 *02/06 18:00 5866336 0001 SEQ. BROADCAST ECM 1 OK 00' 31 *02/06 18:01 5861691 0001 SEQ. BROADCAST ECM 1 OK 00' 33 *02/06 18:02 6353677 0001 SEQ. BROADCAST ECM 1 OK 00' 17 *02/06 18:03 2247899 0001 SEQ. BROADCAST ECM 1 OK 00' 20 *02/06 18:03 5771590 0001 SEQ. BROADCAST ECM 1 OK 00' 29 *02/06 18:04 5869561 0001 SEQ. BROADCAST 0 NG 00' 00 0 #018 *02/07 08:21 5869561 0002 SEQ. BROADCAST 0 NG 00' 00 0 #018 *02/07 08:22 5869561 0002 SEQ. BROADCAST 0 NG 00' 00 0 #018 *02/07 09:57 UNKNOWN 5002 AUTO RX ECM 1 OK 00' 29 *02/07 10:17 303 296 3330 5003 AUTO RX ECM 4 OK 00' 34 *02/07 13:43 UNKNOWN 5004 AUTO RX ECM 1 OK 00' 30 *02/07 15:59 12143831596 0010 TX ECM 7 OK 02' 00 02/08 14:39 6672527 0011 SEQ. BROADCAST ECM 2 OK 01' 00 02/08 14:41 5869532 0011 SEQ. BROADCAST ECM 2 OK 01' 00 02/08 14:43 5866336 0011 SEQ. BROADCAST ECM 2 OK 01' 01 02/08 14:44 5861691 0011 SEQ. BROADCAST ECM 2 OK 01' 17 02/08 14:46 6353677 0011 SEQ. BROADCAST ECM 2 OK 00' 33 02/08 14:47 2247899 0011 SEQ. BROADCAST ECM 2 OK 00' 37 02/08 14:48 5771590 0011 SEQ. BROADCAST ECM 2 OK 01' 00 02/08 14:53 5869561 0011 SEQ. BROADCAST 0 NG 00' 39 0 #018 02/10 15:45 UNKNOWN 5005 AUTO RX ECM 3 OK 00' 33 02/11 11:14 6672527 0014 TX ECM 13 OK 07' 53 <0271-rr5MST (1705869532 0015 MANUAL TX 1 ORT-00927- 1'02/11 15:16 ~ (.586_9561. -0016 MANUAL TX 1 ,OK 00' 27 .1 ~02/11 15:1-7 1970-5r86-1691. ~17_ MANUAL TX~~ ECM 1 OK 00' 29 fm11 15: 18 ,976*577-1596. 0018- ~NUAL Tx # ECM. - 1 .OK 00' 27 1 0 2 411215: 1~9 , CFTBTrEEE 0019. MANUAL TX 7 ECM 1 bK 00' 24~ TOWN of ESTES PARK ESTES PARK Public Works Department COLORADO INTER-OFFICE MEMORANDUM DATE: February 8,2008 TO: Public Works Committee FROM: Scott Zum P.E. Director of Public Works SUBJECT: Mountain Pine Beetle Management Background: The Mountain Pine Beetle is beginning its proliferation in the Estes Park valley and its immediate adjacent forests. The Town is in a position to decide to either actively manage this infestation or let nature set its own course. Estimates are that most of all Lodge pole pines will be lost and up to 60% of Ponderosa pines will be lost without active mitigation. The citizens of the community will have differing opinions on the issue. However, failure of one owner to manage his/her forest will adversely impact adjacent owners who wish to mitigate their tree loss. Therefore, the Public Works Dept. is recommending an ordinance be developed and adopted requiring that private property owners remove and destroy the infested trees in a timely manner. Action: Staff seeks authorization to develop an ordinance regarding management of the Mountain Pine Beetle on privately owned properties. Depending on the priorities, authorization would initiate research for the best type of ordinance for the Town of Estes Park. The results of this research would be brought back to the Public Works Committee for consideration. The economic impact to the Town and private property values may be substantial if mitigation is not required. The nature of the ordinance may vary as will its severity of violations. The Town currently is training three employees and three members of the Tree board to investigate and do beetle identification. This training will be provided by U.S. Forest Service area foresters. At this time there will be no budget impacts for this service. In March citizens will be able to request an inspection through Public Works. Additional equipment and services will be required as the infestation grows. Additional budgetary impacts will be likely if the Town of Estes Park decides to actively manage this issue. IR@31 rine Deeue dimhs over * +4 I. i \......-EJ'#firl...I- .. Bugs infest lodepole pines, chanee look of mouttains . , '.FORE'~COLUNS. (AP) /- As Ffisco's aSSi#tantpubiic works federal·officiAls. prepaid'.tb. an-.director and-.the mari·helping ;n- nounce-. todayfhat the,moun- lead itsj :bark beetle...response. tain pine.bdulld infestatibn has "We're trying ourbest to help crept eakt over the Cohtinental' the fdi*st get on With its life." Divide, Idtal forestry exD@Yts say 'E#0*tssayl tlid"lodgepole residehis shbuld prepare for pint foiests' Ate mord;suscepti- In*r i.changes iii what the ble to.the beetlds than usual niountains look like.·.~ ..1 5 ,. due to the 2001 drought, which 7The pine beetles are respdnsi- stresied out the #bes and weak- blefof *ling vast numbers of ened theirnitural defehses. trees. 12 mostly lodgepole pinds Once the beetlusldll the trees, -- ·in Grand, Eagle~: and other the ·· stantlink 1rees become a mountain · counties. I Now, the "wildfire'hazard for several years, bdetles have migrate-d overthe. until -#jeir lose their. needles, Divide, and are: woikihg0their' Sturtevant said. way doWnhill. ~ ~ ~~' ~' ~ Then tlie ~ fire dAriger dimin- "It's ah:*pideihic.lhere'§ not ishes until ~ the- trees fall.Rver,, much0·'wd can. do.on a~'large and they agatibedon\e ffre haz- sede/'.fsaid Bob Sturt*hift, a ards, hekald. forektrfispddialist With a dual WestenY Stope towns have appointnient.from ~:, Colorado adppted, a slew of strategies to State University and'·the , Col- reduce the Ask of a-catastrophic: oradd;gidte-*orest Service. W}Jdfire. Frisco concentrated its 'Ite. addkf:· "We'11 have a new c effbrts on the Peninsula Recre- forest·It'sgomg to look differ- ation- Area on. Lake ...Dilloil, eift.7 ' ·,~ ~ . sp+ending about $300,000. Vail the beetlesbore their way in- has :spent $380,000 · on similar totrees,ldlling them, thenily:offq work „ to find new homes. - · And in Grand I.ake, town offi- Btuitevantsaid, ham¢owriersi pials are 'ordeling'homeownets cad-protect .the."trees around to cut down beetle-killed trees, Ktheirproperty,yhrough spraying .and·will fine, msiddntd ':mid·do and.: judidious'thinning, which. the. work if the' i hom*owners - cari help:strbngthen.remaining don't act faltenough. . - -'. 1 1 While the beetle'infestation ·is ·'t.In,*iscb,.76*n bfficials.cut part-of thehatutal cycle, people down: 118,0,00 . ttees in.·2007 often! forget:.that>Sturtevant Aidne,-I'lidpingy.to i·}slow *·.the· said. He-Was,Hired in~ the' 1970s . •pread' 01 ithe,Abeetle and ·in-'.-torhelp>fight:the.pre*ibus pine ciease overallforest health. Ihe-. beetle'infestation. townplansto'replantlogged ar- i "The big dealis the esthetick eas with saplings of',different It don't' look right to 'people species, such' as aspen or who are used to looldng at a spnice - - ' , 0,. ~'.forest of,green ttees,", he added. "Those.little ·guys are eating "Our n@WA: forest isfgoBigto be just about anything'in .their more diverse. You'lljsee more path," i'· said Rick Hig@ls, aspen, more spruce coming in." Page JANUARY 21. 2008 PIFROAT RANC 4. % l:-» -444,44/#W i f : 911'20 1 A. 2 .......4< 1. . 6 · 1 ·· i - .~C.: . I.!Ef <4 , 1 1 ..641441--» 7 41 k:t :i: t. .*.,ri.: ·4~'i:6; *i¥*I.A#..0 -·18.: 49:22 ,- 11-31 1.-1*437:471-.4, -Ir I' '..:' =' .._ ~ I. Ir ~" ~~'~ 3;sli . ....1 e t{ . I. I.- 0 P . ' -.t 1 . f $....1 I I I ' ... . Longmont nmes-CaIKHAD SPANGLER Smoke rises from an air curtain burner as Rocky Mountain National Park forestry health management spedalist Brian Verhulst uses a front-end loader to dump in logs and branches at Glader Basin Campground on Tuesday. The recently purchased burner is used to burn trees infested with pine beetles. ette burner 174 - Afl- 44 RMNP omcials extend season M BY THE NUMBERS for destroying infested pines 4,566 tmes were treated with in- BY PAMELA DIGKMAN coine." sectidde in Rocky Mountain National REPORIER-HERAID STAFF WRrnER The air curtain burner Iooks Park in May. like a giant Dumpster into About 500 trees that were killed Rocky Mountain National which a front-end loader piles by beales and at dsk of biling were Park officials will increase ef- trees that were removed be- removed from developed areas of forts this year to incinerate cause of bark beetle infestation. the palt and 119 were removed bark beetles and the trees they Inside, the technology burns from the backcountry in 2007 be- have infested. the trees at a much hotter level ause of the bark beetle i*station. After years of renting a spe- than simply burning dead trees 37,800 acres of the park, or 14 cially designed "air curtain out in the open. percent had trees killed by bark bee- burner" and using it a couple "It creates a curtain of air and tie in 2006. f months at a time, the park traps the smoke and particles," - Source: Rocky Mountain 5 bought one to use much Patterson said. "It's such a high National Park aore often. temperature, it doesn't allow Bark beetles are aggressively much smoke to be emitted." attaclcing trees in Rocky Moun- The burner, Patterson said, fected bf bark beetles. min National Park, and the has three main benefits: Officials expect that number stewards of the park are aggres- • Workers can burn greener grew in 2007 and will continue sively attacking the beetles in trees, thereby reducing the to grow this year, continuing the sections of the park most threat of beetles spreading. what has been called an epi- commonly visited. • The heat and intensity of demic. Part of that attack is remov- the fire inside the machine cre- Beetle attacks cause unstable ing and burning beetle-infested ates less smoke and sends less trees, which are considered a ponderosa and lodgepole pollution into the air. threat to public safety and pines. • The machine allows burn- property in the areas of the To save money and the land, ing during a greater portion of park most visited by people. the national park recently in- the year because it is not sub- In the "front country," which vested $81,000 in an air curtain ject to weather restrictions that is about 5 percent of the park, burner. could affect open burning. staff members are aggressively Park officials had been rent- Bark beetles are native in- lighting the bark beetle with in- ing one for a couple of months sects found at elevations from secticide and by removing and each year at a rate of $8,000 sea level to 11,000 feet across burning infectedtrees as quick- per month before deciding to North America. Seventeen na- ly as possible. buy. tive species exist in Rocky In 2007, the.park spent more "It will pay for itself within Moiuitain National Park, boring than $228,000 lighting the bark eight months of use," said Kyle into and eating live green trees. beetle, including the $81,000 Patterson, park spokeswoman. In 2006, an aerial survey for the new air curtain burner. "We plan to use it for several found 37,800 acres, or about 14 This year, park officials plan months and for manv vearn tn npir.pnt nf the entive nirk. af- tn Rnpnri Ahnut ©na non 4 ;i. 3. i; f 1- ife CMC,1.,P The mountain pine beetle completes one cycle of development from egg to adult per year. The most common homes the beetles seek are large ponderosa. lodgepole. and limber pines. ...,016 - 246 1 Everv August, mountain pine beetles leave , dead trees in which they developed to seek new homes for the next generation in living green pines. 1 1 I kil ; /1 , ; f# 4 -t Once the female beetle has found a Itt suitable tree as a new home. she releases 'Deteription ; i 1.11 %1 other females to the same tree. The beettes pheromones that attract both males and 24 ~T Mountain pine beetles are one ; 10 -' ' 1 W. enter the tree by boring into the bark. lil4 of themost significant ,#1 ' 1 creating pitch tubes. ~ insects of western pine f i , 4 1 4 D, Boring dust will appear in bark crevices ~ forests. Outbreaks of and on the ground. Coordinated attacks of '':4*4~ this beetle can result ®'1 in the loss of millions several hundred beetles are common. · of trees. -t-. Mating will occur under the bark. and f*. 6 each beetle couple will produce about 75 eggs. It takes seven to ten days for these eggs to hatch into larvae. The larvae tunnel t- away from the egg gallery. producing a 14.*i# ff~ 1 characteristic pattern. 5 The beetles spend the winter under the . I - bark, This is when you are likely to sec , I i evidence of woodpeckers feeding on the - trunk. 0 4. 6. The larvae continue to feed into spring and . 6, ~ f transform into pupae in June and July. 5. P amaje Adult beetles introduce bluestain fungi, which ~ t disables the tree's defenses and interrupts the . flow of water. The combination of fungi and , beette feeding rapidly kills the tree. :%~. .- 4 f . . 4 + % 2.- -?CrIN ... Ten to twelve months after a successful attack, infested tree foliage turns yellowish to ·6 - 14 reddish. Soon after. the beetles are ready to 1 Q exit and search for a new home. N... . . Large numbers of dead *f · trees create safety and fire hazards. 1 4.. r--~ . 6. 7- - Manaqement A Timing means everything! Infested trees must be treated by an e· approved method before the beetles exit to attack new trees. i.. Natural: Except when woodpeckers and extreme cold eli minate the beetles, trees must be cut, then logs should be hauled to 'safe sites ·- a mile or more from susceptible tree hosts. - Chemical: Preventive spraying before mid-July ts one method of keeping uninfected but susceptible pines protected. - < Solar: Solar treatments that raise the underbark temperature to lethal levels also will reduce beetle =. .0~1~ -4'£1~~ populations. This can bedone with or without plastic and requires six to eight weeks of warm weather. . 4 A thinned. healthy forest will help prevent outbreaks of the mountain pine beetle, improve mountain views. & and reduce fire hazard. For more information about the management of nwuntain pine beelle, cont;•ct your nearest office lutsmi of the Colorado State Forest Sen'ice or USDA Forest Service. ~~ZELOF~ 4 v 1 13' 41 1 11-re€ httly.,5 -to Manettling Monuteuti r ute TOM¢ft;te 4 .1 . I Step 1 ..L hi , 5, . . fc> / 1 . 1 6 11 orT-' Term b i a rietge mfit. 7 • Identify the ponderosa, lodgepole, and a-· - limber pines on your property. These trees are prone to beetle attacks. High-val„e trees sho„Id L be protected with eark- sifininer prereimve • Protect five to ten of your high-value, non- , ib infested but susceptible trees by applying a , C s·praving preventative spray. You may hire a contractor or contact a forester for approved chemicals. • Timing is everything! Preventative spraying These high-1.alue trees wotild benejit should occur between March and mid-July , iron' pre·ventive 'pr....g before the beetles fly in August, Step 3 Treatment of Infested Trees • Trees that have been successfully attacked first must be identified. Contact a forester 617 #1111131,li.i, lillidiLM,.m-li ~·1...i~»i4~8'33*44 . for assistance. • After infested trees have been cut and Stackinfested wood for solar ' ~. t¥#37* treatment with or without plastic. 4 limbed, intense solar radiation can be used to *.1e1I-1-1 ~,14,A& Uncojer„flog, shod,1 be lurned - ~~~~~~~J~'6~~1#M7~'~ Remember k>stackwood 1/3 of' roration even· iwo weeks. kill larvae. This can be done with or without ont¥ one or no logs high. plastic and requires six to eight weeks of .~. - , ~ Cut minfested tree .1 i.19/1.DLE,lia warm weather. - + 1.4- for treatment. • Haul logs to " safe sites" at least one mile from susceptible tree hosts. ---a • Infested logs may be burned in a fireplace or 02"'77€2~ '' 7-·f.. 4(4-*1*N buried in the ground to kill larvae. Cut limbs off infested tree trunk prior to treatment, .Im 1-Ii Step 3 Lona-Term Management 417 -Ii..$ · A thinned, healthy forest will help prevent "/1/2/9.9.-mul,r.-- outbreaks of the mountain pine beetle, improve mountain views, and -- 3 4111. reduce wildfire hazard. Thinned,brrsts, a.~ show,n abme, - are much more restsum! to • By creating an environment 4 4 · moilittain pine beette amacks that promotes healthy trees, you ~ , 4,22'r- are providing the best defense r ett ~, M~~---- against beetle attacks. T' * 14 '-1.4-~ l Wider growth rings (to & right). show how a tree responds to thinning Vigoruus trees are more likek . resist bee,le amicks ...2.jts,Y'.1/. .1 -re*- *glm,&4*,IN Old slow-growing forests like this Lire prone LU,}1011}1[at,1 pine beette attacks and forest fres )UASC For more Information ahout the management of mountain pine beetle, contact your nearest office of the Colorado State Forest Service or USDA Forest Service. ORDINANCE NO. 16 Series 2007 AN ORDINANCE AMENDING TITLE 5 OF THE BRECKENRIDGE TOWN CODE BY ADOPTING A NEW CHAPTER 11 CONCERNING MOUNTAIN PINE BEETLES AND BEETLE INFESTED TREES BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, COLORADO: Section 1. Title 5 of the Breckenridae Town Code is amended by the addition of a new Chapter 11,tobe entitled "Mountain Pine Beetle and Beetle Infested Trees", which shall read in its entirety as follows: CHAPTER 11 MOUNTAIN PINE BEETLES AND BEETLE INFESTED TREES Section: 5-11-1: Legislative Findings 5-11-2: Definitions 5-11-3: Duty of Landowner and Occupant to Permit Inspection 5-11-4: Inspection For Mountain Pine Beetle 5-11-5: Notice of Violation 5-11-6: Abatement Order 5-11-7: Development Permit For Removal of Beetle Infested Tree 5-11-8: Unlawful Acts 5-11-9: Applicability 5-11-1: LEGISLATIVE FINDINGS: The Town Council hereby finds, determines and declares as follows: A. The presence of the mountain pine beetle and beetle infested trees presents a real and substantial risk to the health of the lodgepole forests located in and around the Town. B. The presence of the mountain pine beetle and beetle infested trees within the Town also presents a real and substantial risk to the public health, safety and welfare in the form of an increased risk of a rapidly spreading fire, and a significant threat to the aesthetic values which are of great importance to the social and economic vitality of the Town. C. The presence of the mountain pine beetle and beetle infested trees within the Town is predicted to result in lodgepole pine mortality rates of up to 95% within the foreseeable future. D. There exists a growing mountain pine beetle epidemic within the Town which threatens our community and its valuable natural and scenic resources. E. There exists an urgent need for a Town-wide policy to effectively manage the existing and future threats to public and private property caused by the mountain pine beetle and beetle infested trees. The provisions of this chapter reflect such a policy. F. The provisions of this chapter are necessary in order to protect the public health, safety and welfare. G. The inspection provisions contained in this chapter are necessary in the interest of public safety within the meaning of Rule 241(b)(2) of the Colorado Municipal Court Rules of Procedure. 5-11-2: DEFINITIONS: In this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise: "Beetle Infested Tree" or "tree means: (i) a tree, alive or dead, which is infested infested with mountain pine with the mountain pine beetle; and (ii) any species beetle" or variety of tree that is dead or substantially dead, and all deadwood to which the bark is still attached which, because of their condition, may serve as a breeding place for the mountain pine beetle. "Destruction" means cutting and chipping a tree which is infested with mountain pine beetle; or other method of disposing of a beetle infested tree approved by the Director. "Director" has the meaning provided in section 9-1-5 of this code. "Mountain Pine Beetle" means the species Dendroctonus ponderosae. "Occupant" means any person in physical possession of any lot, tract or parcel of real property located within the corporate limits of the Town who is not the owner of such property. For the purposes of this chapter, "occupanf' does not include the owner of an easement or right-of-way across property. "Owner" or "landowner" means any person who owns any lot, tract or parcel of real property located within the corporate limits of the Town. "Property" means any lot, tract or parcel of real property located within the corporate limits of the Town.- "Person" has the meaning provided in section 1 -3-2 of this code. 5-11-3: DUTY OF LANDOWNER AND OCCUPANT TO PERMIT INSPECTION: An owner or occupant whose property may have located on it one or more beetle infested tree shall allow the Director to enter such property for the purpose of immediate inspection of the trees located upon such property when at least 6ne of the following events has occurred: A. The owner or occupant has requested the inspection; B. , A neighboring landowner or occupant has reported a suspected beetle infested tree and requested an inspection; or C. The Director has made a visual observation from a public right-of-way or area and has reason to believe that a beetle infested tree exists on the property of the Ir-- - - ' -ownetoroccupant. .. -- M 5-11-4: INSPECTION FOR MOUNTAIN PINE BEETLE: A. Subject to the requirements and limitations of this section, the Director shall have th& right to enter upon any property, whether public or private, during reasonable hours for the purpose of inspecting for the existence of a beetle infested tree when at least one of the three events described in section 5-11-3 has occurred. However, no agent or employee of the Town shall enter upon any property to , inspect for a beetle infested tree without the permission of the owner or occupant, or without an iAspection warrant issued pursuant to this section. 4. B. If verbal permission to inspect the property from the affected owner or occupant is not obtained, the Town shall send written notice to the landowner and any occupant of the property advising that the Director desires to inspect the property for a beetle infested tree. The notice'shall be sent by certified mail. The notice may be sent to the landowner at the address to which tax notices are sent according to the records of the Summit County treasurer, and to the occupant at the property addres's. Alternatively, the Director may personally serve such notice upon the affected owner or 6ccupant. Where possible, inspections shall be scheduled and conducted with the concurrence of the owner or occupant. C. If permission to enter upon and inspect the property is not obtained within 10 days after the notice described in subsection B of this section has been received, or within 10 days of date of service if the notice is personally served, the Director may request that an inspection warrant be issued by the municipal court. The municipal court judge shall issue an inspection warrant upon presentation by the Director of an affidavit satisfying the requirements of Rule 241 (b)(2) of the Colorado Municipal Court Rules of Procedure. The municipal court judge may issue an area-wide inspection warrant pursuant to this section unless btherwise prohibited by law. D. In case of an emergency involving imminent danger to public health, safety or welfare, the Director may enter the property to conduct an emergency inspection without a warrant and without complying with the requirements of this section. 5-11-5: NOTICE OF VIOLATION: A. If the Director determines that property contains one or more tree infested with the mountain pine beetle, the Director shall notify the owner and any occupant of the property. Such notice shall be given either by certified mail or personal delivery. B. The notice shall: 1. advise the owner or occupant that the property contains one or more trees infested with mountain pine beetle; 2. advise the owner or occupant of Town-approved methods for the removal and destruction of beetle infested trees; and 3. advise the owner or occupant that all trees infested with mountain pine beetle must be removed within 10 days following receipt of the notice, or that an acceptable plan and schedule for removal of the beetle infested trees must be submitted to the Director within such 10 day period. C. If the owner or occupant disputes that the property contains one or more trees infested with mountain pine beetle, the owner or occupant shall notify the Director of such dispute within 10 days of receipt of the Director's notice. If a timely notice of dispute is given, the Town shall not file an application for an abatement order until the Director has met with the disputing party in an effort to resolve the dispute. If the Director meets with the disputing patty and is unable to resolve the dispute, the Town may file an application for an abatement order pursuant to section 5-11 -6. 5-11-6: ABATEMENT ORDER: A. In the event the owner or occupant fails to comply with the Director's notice as described in Section 5-11-5 by removing the beetle infested trees or submitting an acceptable schedule for such removal within the applicable 10 day period, the Town has the authority to provide for and complete the removal by obtaining and acting on an abatement order. B. Upon the expiration of the period of notice, or at any time thereafter if the required action has not taken place, the Town may apply to the municipal court for an abatement order. C. An application for an abatement order shall be accompanied by an affidavit affirming that: 1. the Director has determined that the subject property has one or more trees infested with mountain pine beetle; 2. the Director has complied with the notice requirements of Section 5-11-5; and 3. the owner or occupant has failed to either remove the beetle infested trees or to submit an acceptable plan and schedule for removal of the beetle infested trees within the required time. D. The Town shall give notice to the owner and any occupant of the property of its application for an abatement order either by certified mail or by personal service of the notice. E. The notice of application for an abatement order shall include a copy of the Town's application and its affidavit in support thereof, as well as the date, time, and place at which the Town will appear before the Municipal Court to request entry of the abatement order. F. At the stated time, date, and place, the municipal court judge shall review the Town's application for abatement order, the affidavit, any statement of the Town offered in support thereof, as well as any statement and evidence presented by the owner or occupant, if present. G. If the municipal judge determines that: 1. the subject property has one or more trees infested with mountain pine beetle; 2. the Director has complied with the notice requirements of Section 5-11-54 and ~ 3. the owner or occupant has failed to either remove the beetle infested trees or to submit an acceptable plan and schedule for removal of the beetle infested trees within the required time, the municipal court judge is authorized to enter an order permitting the Town to enter upon the property, remove the beetle infested trees, and recover its costs as provided in subsection K of this section. H. An owner is responsible under this chapter for any beetle infested trees permitted to remain on the owner's property by an occupant after the Director has given notice of a violation pursuant to section 5-11-5. 1. In case of an emergency involving imminent danger to public health, safety or welfare, the Town may authorize immediate removal of any beelle infested tree without notice or abatement order. J. The Town may pursue the remedies set forth in this section with or without filing a complaint in the municipal court, at the Town's sole discretion. K. The owner or occupant shall be assessed twice the whole cost of removal of the , beetle infested trees from the property, including administrative fees. If all of the costs and charges incurred by the Town are not paid within 30 days of the date of the assessment, the unpaid costs shall be certified to the Summit Treasurer for collection in the same manner as real property taxes. 5-11-7: DEVELOPMENT PERMIT FOR REMOVAL OF BEETLE INFESTED TREE: The Director shall issue a Class D development permit Ref to any owner or occupant desiring to remove one or more beetle infested tree from his or her property. There shall be no application fee for the development permit. The application shall contain a written narrative describing the type, size, quantity and general location of the beetle infested trees proposed to be removed. The Director shall perform a site visit prior to action on the development permit application. 5-11-8: UNLAWFUL ACTS: - -. -A. lt-shill beunl~*fulandimisdemeanor offense for any owner or occupant to-fail- - or refuse to remove all beetle infested trees from their property within the time period provided for in a notice of violation sent by the Director pursuant to section 5-11-5 of this section. B. It shall be unlawful and a misdemeanor offense for a owner or occupant to deny the Director access to the property owned or occupied by the owner or occupant if the Director presents an inspection warrant issued pursuant to this section. C. It shall be unlawful an'd a misdemeanor offense for any person to sell, expose for sale, offer for sale, transfer, give away or offer to give away any beetle infested tree anywhere within the Town. 5-11-9: APPLICABILITY: The provisions of this chapter shall apply to all public and private lands within the corporate limits of the Town. Section 2. Section 5-1-7(M) of the Breckenridae Town Code is hereby deleted. Section 3. Except as specifically amended hereby, the Breckenridae Town Code, and the various secondary codes adopted by reference therein, shall continue in full force and effect. Section 4. The Town Council*hereby finds, determines and declares that this ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the Town of Breckenridge and the inhabitants thereof. Section 5. The Town Council hereby finds, determines and declares that it has the power to adopt this ordinance pursuant to the provisions of: (i) Section 31-15-103, C.R.S., (concerning municipal police power); (ii) Section 31-15-401, C.R.S. (concerning municipal police power); (iii) the powers contained in the Breckenridge Town Charter; and (iv) other powers possessed by home rule municipalities in Colorado. Section 6. This ordinance shall be published and become effective as provided by Section 5.9 of the Breckenridae Town Charter. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED IN FULL this 10th day of April, 2007. A Public Hearing shall be held at the regular meeting of the Town Council of the Town of Breckenridge, Colorado on the 24~h day of April, 2007, at 7:30 P.M., or as soon thereafter as possible in the Municipal Building of the Town. | ATTEST: TOWN OF BRECKENRIDGE Marv Jean Loufek, CMC, Town Clerk Ernie Blake, Mavor This Ordinance was published in full in the Summit County Journal, a newspaper of aeneral circulation within the Town of Breckenridae on April 20,2007- The public hearina on this ordinance was held on April 24,2007. READ, ADOPTED ON SECOND READING AND ORDERED PUBLISHED BY TITLE WITH AMENDMENTS. this 24~1 dav of April. 2007. A copv of this Ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF BRECKENRIDGE Marv Jean Loufek, CMC, Town Clerk Ernie Blake, Mavor APPROVED IN FORM Town Attornev Date This ordinance was published bv title with amendments in the Summit Countv Journal, a newspaper of general circulation within the Town of Breckenridae on May 4,2007. RESOLUTION CONCERNING COUNTY PEST CONTROL AND PLANT DISEASE CONTROL PROCEDURES WHEREAS, under Article 4 ofTitle 35, C.R.S., as amended, the Board ofCounty Commissioners of I.arimer County C'Board") is authorized to control certain pests and plant diseases, as defined in said Article; and WHEREAS, the Board desires to establish a County program to control mountain pine beetle, spruce ips, douglas-fir beetle, and Dutch elm disease in accordance with the procedures mandated by Article 4 of Title 35, C.R.S. as amended; and WHEREAS, the Board has met with the Larimer County Forester and considered his/her recommendations for a County program to control mountain pine beetle, spruce ips, douglas-fir beetle, and Dutch elm disease, in the light of Article 4 ofTitle 35, C.R.S. as amended; and WHEREAS, the Board desires to establish guidelines for disposal ofinfested and infected trees at the Larimer County Landfill. NOW, THEREFORE, BE IT RESOLVED That the following procedures shall constitute Larimer County's program to control mountain pine beetle, spruce ips, douglas-fir beetle, and Dutch elm disease within the County: 1. The County Pest Inspector shall inspect properties for suspected infestation or infection when at least one of the following has occurred: a.) The landowner or occupant has requested an inspection; b.) A neighboring landowner or occupant has reported a suspected pest infestation or infection and requested an inspection; or c.) The County Pest Inspector or an authorized agent has made a visual observation from a public right-of-way or area and has reason to believe that a pest infestation or infection exists. 2. Uponthe occurrence ofone of the events described in Paragraph 1 a-c abovethe County Pest Inspector shall: a.) Give written notice of the suspected infestation or infection by certified mail to landowners or occupants of the subject property, and b.) Conduct inspections ofthe subject properties ten days after the notices are mailed. 3. The County Pest Inspector is authorized to give written notice by certified mail to the landowner oroccupant ofthe findings ofthe inspection and to advise the lantowner 2 ' 01 9LLS-86*-OL6 •qSIG peeM Rl.UnOO Jaw¥Jel WdOD: I 8002 90 49=1 or occupant of methods which can be used to control mountain pine beetle, spruce ips, douglas- fir beetle or Dutch elm disease. The written notice shall also: a.) Include a deadline for completion of control work; b.) Require thelandowner oroccupant to acknowledge thet6rms ofthe notification and submit an acceptable plan and schedule for completion of control work within 10 days after receiving the notification; and c.) Inform the landowner or occupant of his/her right to request a hearing before the Board of County commissioners within ten days ofthe receipt ofthe noticeto dispute the finding ofinfestation or infection. The landowner or occupant need not take any action to control pests pending the outcome ofthe hearing. In addition, the notice shall inform the landowner or occupant that, if enforcement action is necessary, the costs shall not exceed five thousand dollars ($5,000.00) annually. 4. When necessary to enforce the provisions ofArticle 4, Title 35 C.R.S. as amended, the County Pest Inspector, after giving notice ofpest infestation or infection to the landowner or occupant pursuant to Paragraph 2 and 3 above, shall cause pest control action to be taken. Pest control measures shall not, however, be commenced pending outcome ofany hearing before the Board of County Commissioners requested f pursuant to Paragraph 3 above. 5. Upon completion of enforcement, a written request for payment shall be submitted to the landowner at the last known address for the amount of the County's direct costs and expenses only. The amount requested cannot exceed five thousand dollars ($5,000.00) annually. The written request shall inform the landdwner ofthe right to appear before the Board of County Commissioners at any meeting thereof, as fixed by law, to be held within the following four months, and be heard as to the amount of such claim. Ifthe original claim or adjusted claim is notpaid at the end ofsuch period, the claim shall be given to the County Treasurer. The County Treasurer shall add the amount ofthe claim to any taxes due, or to become due, from the landowner, and, if not paid in due course, the same shall be collected by the County Treasurer as delinquent taxes. 6. If'the Board of County Commissioners finds that a pest infestation or infection is a result of or can be attritnited to, an infestation or infection on land owned by any federat state, or local government unit that has not been treated or is not under control, the landowner shall not be charged for any relief ordered pursuant to this Resolution. 7. When transportation ofbeetle/disease infested material is required as part of any relief ordered pursuant to this Resolution and Article.4 of Title 35, C.KS., as amended, the County Forester shall authorize such transport, if, in his/her judgement, €·01 9669-86*-066 *gsra peaM Rl·unoo Jewr-lel . WdOD:I 8002 90 ged it can be conducted without jeopardizing existing control operations or creating a threat of hazard to new areas. BE IT FURTHER RESOLVED that the following are hereby adopted as guidelines for disposal of infested or infected trees in the Larimer County Landfill: 1. All trees and limbs over two (2) inches in diameter shall be cut into lengths not to exceed six (6) feet before being brought onio the premises of the Larimer County Landfill. 2. All trees and parts thereof shall be placed in designated tree disposal sites at the Landfill. Dated: Board of County Commissioners ofLarimer County, Colorado L r-~ A 'Chair 9- 9-oz. ATTEST: 12...4,-4 U.-t- 41-6ty Clerk DATE: 8-28 -02- ApIDVED *I TO FORM: intrn .ss,gr.¢ cou,m.,To, N , . el 9LLS-86*- OL6 iSIa peaM Rqunoo Jewruel WdOD : I 8002 90 ge:1 ULLI TOWN of ESTES PARK 5% ESTES PARK Public Works Department COLORADO INTER-OFFICE MEMORANDUM DATE: February 8,2008 TO: Public Works Committee FROM: Dave Mahany / Scott Zurn SUBJECT: Refurbishing Purple Heart Bench Progress Progress Report: • The 2008 budget included funds to purchase a planer to plane the wood on the Purple Heart Wood benches in Parks and downtown area. • Planer was purchased and received in January 2008 for $1,590. • Late January a couple benches were disassembled and started the refurbishing process. • Approximately 18 -201abor hours to refurbish each bench (one person) • The Town has between 55 - 60 wooden benches in downtown and surrounding areas • The wood has been planed and finished with a marine sealer. • The frame is sandblasted and recoated w/Rhino liner. • Approximate cost to refurbish each is $500 - $550 • Cost for new metal benches would be $870 + freight • This type of wooden bench is no longer available with Purple Heart Wood. TOWN of ESTES PARK ESTES PARK Public Works Department COLORADO INTER-OFFICE MEMORANDUM DATE: February 8,2008 TO: Public Works Committee FROM: Dave Mahany / Scott Zurn SUBJECT: Street Sweeper Unveiling Closure Report: • The Elgin Street Sweeper that was approved in the September 2007 Public Works Committee arrived on January 30,2008. • This new sweeper is replacing the 14 year old Elgin Whirlwind street sweeper. • We did a demo of seven different street sweepers comparing 26 different features along with performance and operator comfort. • Specs were written and sent to the top four manufactures that meet our needs. • Three manufactures returned bids, the Elgin Sweeper Company was awarded the bid for the Elgin Road Wizard for a cost of $190,475.00 Oncluding hopper lining @ $3,000). • This Sweeper purchase was $29,525 under the budgeted amount of $220,000. 1 TOWN of ESTES PARK ESTES PARK Public Works Department COLORADO INTER-OFFICE MEMORANDUM DATE: February 8,2008 TO: Public Works Committee FROM: Dave Mahany / Scott Zurn SUBJECT: Sand/Salt Storage Building Closure Report: • In the September 2007 Committee meeting staff requested approval to seek quotes for Sand/Salt Storage Building • Five Bids were returned to Committee at the Elktober 2007 Meeting • Bid was awarded to Accu-Steel Buildings, Templeton Iowa for a cost of $49,958.69 at the Elktober meeting • In house staff worked during January 2008 leveling the property and construction of the foundation. • The building contractor arrived on January 29,2008 and started construction of the 42' x 75' storage building completing assembly on February 4,2008. • Total cost of the building was $46,764.69/$3,194 under the approved amount of $49,958.69 &91