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PACKET Town Board 2004-03-23
Prepared 03/15/04 /<6*NEDk fak,Al high-value services for our citizens, visitors, and employete. We tai<e The Miaaion of the Town of Estee Fark ie to plan and provide reliable, great pride ensuring and enhancin0 the quality of life in our community Dy being good stewarde of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 23,2004 7:00 p.m. AGENDA Louise Olsen - Introduction of Lanty McCartney, Executive Director, Estes Valley Multicultural Connections (replacing Christina Cebeza). Town Administrator Widmer - Presentation of Governmental Financial Reporting Award to Finance Officer Brandjord and the Finance Dept. Staff. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 9,2004. 2. Bills. 3. Committee Minutes: A. Public Works, March 18, 2004: 1. Old Man Mountain Culvert Project - $8,245 ($3,245 Al Excavating plus $5,000 rip-rap) 2. Portion of 2004 Annual Street Improvement Program, $170,000 (the $150,000 Overlay portion will return to PWC late summer) 3. Hwy 34 Gateway Sign Landscape project - $5,770 ( PW projecVin-house) 2. ACTION ITEMS: 1. RE-APPOINTMENT: ESTES PARK HOUSING AUTHORITY. Mayor Baudek. A. Karla Porter, 5-yr. term, expiring 4/13/09. 2. PERSONNEL POLICY MANUAL - REVISION. Assistant Town Administrator Repola. A. Health Insurance Portability and Accountability Act (HIPAA) - New. B. Section M: Employee Conduct, Item #3 Alcohol and Drugs - Revised. 3. TOWN ADMINISTRATOR'S REPORT. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 1 Town of Estes Park, Larimer County, Colorado, 2004 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the gth day of March, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Lori Jeffrey-Clark, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. and a Graduation Ceremony was held for the 2004 Citizens Information Academy Participants. Plaques were awarded to the following participants: Alan Aulabaugh John Ericson, Jr. Fran Erwin Paul Erwin Milt Garrett Marie Gaw Jim Gunter Alma Hix Frank Hix Chuck Levine Karen McCIure Janet McKeen Patricia Moore David Lynn Myers Jim Owen Kyle Patterson Dennis Polosky Durango Steele PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 24,2004. 2. Bills. 3. Committee Minutes: A. Public Safety, February 26,2004: 1. See Action Itemsl.A. andl.B. below. B. Community Development, March 4,2004: Museum Dept.: 1. Museum Expansion, additional $5,046 match (Friends donation $75,000). Community Development Dept.: 1. Habitat for Humanity of Estes Valley, Inc. - Letter of Credit Waiver for Subdivision Improvement Agreement. 1 Board of Trustees - March 9,2004 - Page 2 2. Estes Park Salud Family Health Center - Development Plan Fee Waiver. 3. Fall River Mobile Home Park - Waive fees for Contractor Business License, Moving Permit, and Demolition Permit. 4. Estes Park Housing Authority, February 11, 2004 (acknowledgment only). 5. Estes Valley Board of Adjustment, March 2,2004 (acknowledgement only). 6. Estes Valley Planning Commission, February 17, 2004 (acknowledgement only). Concerning the waiver of fees for Contractor Business Licenses, Moving and Demolition Permits as recommended in the Community Development Minutes, Mayor Baudek requested clarification on who would receive the permit waivers. Community Development Dir. Joseph confirmed that the waiver is for individual owners of mobile homes due to hardships, not the land owner. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for the following Consent Agenda Items: 1. CONSENT ITEMS: 1. AMENDED PLATS. A. Lot 44, Block 1, and Outlot A, Fall River Estates - Estes Park Surveyors & Engineers, Inc./Applicant. B. Lot 1, Lake Pines Subdivision - Mark & Melanie Kozlowski/Applicants. 2. PRELIMINARY, FINAL AND SUPPLEMENTAL CONDOMINIUM MAPS. A. Lofts at Estes Condominiums - Supplemental Condominium Map #2 - Portion of Lot 30, and 39' of Lot 29, Riverside Subdivision - SRG Properties, LLC/Applicant. B. Lofts at Estes Condominiums - Supplemental Condominium Map #3 - Portion of Lot 30, and 39' of Lot 29, Riverside Subdivision - SRG Properties, LLC/Applicant. C. Solitude Condominiums 11 - Final Condominium Map - Lot 2, Solitude Subdivision - Crystal Creek Development, Inc./Applicant. D. Fall River Village Condominiums - Preliminary Condominium Map - Lots 1, 6, 7, and Portions of Lots 16 and 17 - Sunny Acres Addition - The Lane 111 Group, Inc./Applicant. As there was no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Habecker/Newsom) Consent Items 1. A. and B., 2. A., B., C., and D. be approved, and it passed unanimously. Board of Trustees - March 9,2004 - Page 3 2. ACTION ITEMS: 1. FINAL CONDOMINIUM MAPS. A. Solitude Condominiums 1 - Final Condominium Map - Lot 1, Solitude Subdivision - Fish Creek Properties, LLC/Applicant. Mayor Baudek opened the public hearing. Community Development Dir. Joseph reported that the "deck construction" issue has been resolved as the developer has applied for a building permit, and the Map is recommended for approval. There was no public testimony, thus Mayor Baudek closed the hearing. It was moved and seconded (Habecker/Barker) the Final Condominium Map for Solitude Condominiums I be approved, and it passed unanimously. B. Solitude Condominiums V - Final Condominium Map - Lot 5, Solitude Subdivision - Crystal Creek Development, Inc./Applicant. Mayor Baudek opened the public hearing. Community Development Dir. Joseph reported that the "deck construction" issue has been resolved as the developer has applied for a building permit, and the Map is recommended for approval. There was no public testimony, thus Mayor Baudek closed the hearing. It was moved and seconded (Newsom/Gillette) the Final Condominium Map for Solitude Condominiums 5 be approved, and it passed unanimously. 2. FINAL P.U.D. A. Final P.U.D. #04-01, Lots 1,6,7, and Portion of Lots 16 and 17, Sunny Acres Addition, The Lane Ill Group, Inc./Applicant. Mayor Baudek opened the public hearing. Ross Stephen/Cornerstone Engineering commented on unique portions of the proposed development (trail dedication, etc.), and introduced Laura Hardman/Basis Architecture who gave a PowerPoint "fly-by" development presentation. The Applicant, Noel Lane, was also present. Responding to Trustee questions/comments, Mr. Stephen and Ms. Hardman stated: the fly-by closely matches the proposed actual construction; there is approximately 120' between the two buildings in question and the parking lot (the distance between each side of a building and the parking lot is 40' deep, the center island is 20' wide and Will serve as a filtration system for water release to the river). Planner Chilcott reported staff is recommending approval of the final plant and development plan contingent upon the conditions listed in the staff report dated March 50. Regarding Condition #5 bridge capacity: (1) staff will verify the posting prior to issuance of the Certificate of Occupancy, and (2) the Fire Dept. did not express safety concerns regarding the bridge and fire trucks. There were no audience concerns, and Mayor Baudek closed the public hearing. It was moved and seconded (Doylen/Gillette) Final P.U.D. #4-01 be approved, and it passed unanimously. Board of Trustees - March 9,2004 - Page 4 B. Fall River Village Development Agreement. Town Attorney White reviewed the major items in the negotiated Agreement: (1) Allows the seven residential lots on Parcel A to continue operation as a mobile home park for not more than 24 mo. following recordation of the final plat (the Town is allowing a timeframe for transition, otherwise, the mobile home use terminate immediately upon approval of the P.U.D. (2)' Overnight rental (less than 30-day continuous duration) of the proposed residences is prohibited. (3) The design and construction of any structure on the property will conform to the International Building Code, 2003 Edition or any subsequently adopted edition. (4) The vesting period for completion of the project is 8 years. Should the project not be completed within eight years, the GO zoning would remain; however, the P.U.D. approval would terminate. This eight-year stipulation does not preclude the property owner from requesting Town Board consideration of an extension. It was moved and seconded (Doylen/Habecker) the Fall River Village Development Agreement be approved, and it passed unanimously. 2. ACTION ITEMS: 1. POLICE DEPARTMENT - MUNICIPAL CODE REVISIONS. Police Chief Richardson presented the following ordinance for approval: A. ORDINANCE #1-04 - AMENDING CHAPTER 7.12 VICIOUS ANIMALS. The Public Safety Committee recommended approval of this ordinance that provides effective enforcement measures should the need arise to enforce any vicious animal violations. Town Attorney White read the titles and major items of importance of the Ordinance. Chief Richardson confirmed that on barking dog noise complaints, the complainant must sign a summons and the Police Department gathers as much evidence as possible. It was moved and seconded (Newsom/Gillette) Ordinance #1-04 be approved, and it passed unanimously. B. ORDINANCE #2-04 - AMENDING CHAPTER 8.04.080 DISTURBANCE - NOISE. The Public Safety Committee also favorably recommended this comprehensive ordinance that revises current noise pollution violations. As suggested by the Committee, an exemption for any Park School District sanctioned event has been included. Discussion followed concerning availability of measuring equipment and adequate training, the inclusion of Town-sponsored special events, summons will be considered by the Municipal Judge, sample decibel levels, the Dept. intends to observe "normal" highway traffic noise to better gauge unreasonable noise disturbance, and Dept. plans are in place for a pro-active stance in notifying the community of this ordinance. Town Attorney White summarized pertinent titles of the Ordinance, with Mayor Baudek noting that if a revision is warranted, it will be resubmitted to the Town Board. It was moved and seconded (Habecker/Newsom) Ordinance #2-04 be approved, and it passed unanimously. Board of Trustees - March 9,2004 - Page 5 2. LIBRARY DISTRICT ACCOUNTING SERVICES AGREEMENT. Library Representative Al Wasson reviewed the proposed Agreement that authorizes the Town to provide accounting services for the Library, and he confirmed the Agreement was modeled after the Town's Agreement with the E.V.R.P.D. The Library's annual budget is $700,000, and the District retains all audit responsibilities. To facilitate this service, the Finance Dept. is proposing that an entry level customer service position be staffed in the Finance Dept. at 20 hrs./week. This employee will be primarily responsible for front line customer service activities (i.e. telephone answering, assisting with customer inquiries, filing, copying and other duties as assigned.) This would free time for current, experienced employees to fulfill the additional responsibilities associated with the Library's request. The annual salary and benefit cost for the entry level one-half FTE position is $14,440/yr. The proposed yearly billing to the Library is $18,240 that covers the staffing cost, plus any additional training, equipment, supplies and contingencies. It was moved and seconded (Doylen/Gillette) the Library District Accounting Services Agreement be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Construction Proiect Update. The Municipal Bldg. Remodel Project is on schedule as a whole; the new public restrooms should open 5/26, and the entire project should be completed by 7/14. The Museum Expansion Project should be completed 6/25, two weeks ahead of schedule. B. C.I.A. Project. Assistant Administrator Repola and Museum Director Kilsdonk were commended for their outstanding effort on the 2004 Citizens Information Academy Class. Trustee Newsom questioned the status of the Kayak Project. The first phase (course) of the Kayak Project Course has been completed from Performance Park down to Spruce Street. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 8:20 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 18, 2004 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 18th day of March, 2004. Committee: Chairman Barker, Trustees Doylen and Habecker Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Supt. Goehring, Const. Mgr. Sievers, EPURA Executive Director Smith, and Deputy Clerk van Deutekom Absent None Chairman Barker called the meeting to order at 8:00 a.m. MUNICIPAL BUILDING PROJECT CONTINGENCY EXPENDITURE - APPROVAL REQUEST. Director Linnane reported that the Guaranteed Maximum Price (GMP) of $478,000 for the Municipal Building Remodel Project includes a contingency of $15,650 to cover unforeseen project expenses. The following items will be funded from the contingency and not affect the GMP: Change order #1: + Level the existing tile interior steps - Finance Dept. lobby $ 647.52 + Upgrade the first floor training area vinyl. 642.96 + Add an interior closet door to the east wall- Finance Dept. 866.40 + Architectural fee per contract 255.00 $ 2,411.88 Change order #2: + Light addition to Women's Executive Washroom. $ 133.38 + Wood furring on walls of Computer Room. 1,197.00 + Additional framing and trim in TI Office. 684.00 + Demolish three windows instead of saving. (399.00) $ 1,615.38 The change orders listed above total $4,027.26. The Committee recommends approval of the change order requests totaling $4,027.26, as outlined above. PERFORMANCE PARK RESTROOM PROJECT - APPROVAL REQUEST. Executive Director Smith explained that a restroom facility at Performance Park is essential due to the success of the venue and the number of activities held at the facility. The proposed EPURA Performance Park Restroom Project is currently in its final design phase. The estimated 700 sq.ft. building footprint will displace four parking spaces in the southwest corner of the Old Lumberyard Parking Lot. The location was chosen for its proximity to the existing sewer line. Director Smith explained that the restrooms will initially be available during warm months; however, the restrooms were designed to be open year round if needed. There is no Town budget implication with this request. The Committee recommends approval of the request presented by EPURA to displace four existing parking spaces in the southwest corner of the Old Lumberyard Parking Lot to accommodate the restroom facility at Performance Park, as presented. OLD MAN MOUNTAIN CULVERT PROJECT - APPROVAL REQUEST Director Linnane reported that the existing 30 year old, 24-inch culvert located on Old Man Mountain Rd. cannot accommodate excessive runoff and debris resulting from torrential rains. The 2004 budget includes $50,000 for a new culvert system in the public RECORD OF PROCEEDINGS Public Works Committee - March 18, 2004 - Page 2 right-of-way. The project will involve excavation of a portion of the roadway, placement of a substantial volume of fill, as well as the installation of an elliptical 36"x56" culvert. The new culvert would more than double the capacity of the system. Rip-rap will also be installed to minimize damage and erosion and provide safety for the houses located downstream. The culvert will be supplied by the Town from extra material on hand from another project. Staff received the following bids for construction of a new culvert system: A-1 Excavating $3,245 Kitchen & Company $4,700 Director Linnane requested that an additional $5,000 be expended to install larger rip-rap to enhance the culvert system outlet. Construction of the new culvert is anticipated April- May. The Committee recommends acceptance of the bid by A-1 Excavating at a cost of $3,245, plus an additional $5,000 for installation of larger rip-rap in the culvert outlet. 2004 ANNUAL STREET IMPROVEMENT PROGRAM - REQUEST TO PROCEED. Const. Mgr. Sievers explained the work that will occur through the year to provide surface improvements to the asphalt infrastructure, such as slurry seal, chip seal, and overlay. The 2004 budget contains $300,000 for the annual Street Improvement Program (STIP). The 2004 budget also contains $20,000 to combine and pave the Sr. Center parking lot. Discussion was held regarding weather requirements, Sr. Center parking/landscaping, and contingencies for asphalt prices. Concluding all discussion, the Committee recommends staff be authorized to proceed with the projects as outlined below returning to the Committee for further action regarding the overlay portion. 1. Slurry Seal: Solicit prices and proceed with the work in June. $1.00 +A / SY $30,000 2. Chip Seal: Solicit prices and proceed with the work in July. $1.50 +/- / SY $100,000 3. Overlay: Bid in April, return for approval in May. Work in September-October $150,000 4. Striping: Purchase and install in May & September (various locations) $20,000 5. Sr. Center Parking Lot bid with Overlay, construct in September-October $20,000 TOTAL $320,000 HWY. 34 GATEWAY SIGN - APPROVAL REQUEST. Director Linnane reported that both landscaping and lighting of the gateway sign can be installed by staff. The total cost would be $5,770 ($4,270 for landscaping and $1,500 for lighting) and could be completed by June, weather permitting. The Committee recommends approval of the Hwy. 34 Gateway Sign landscaping and lighting at a cost of $5,770 as presented. REPORTS. Miscellaneous Projects. 1) Director Linnane reported that the crosswalk chirpers have been recovered and will be reinstalled soon. They are equipped with timers that will be set to operate from approximately 11:00 a.m. to 6:00 p.m. daily. 2) New water service construction on E. Elkhorn (at Ed's Cantina) will begin March 22nd and last all week. Construction detouring will maintain 2-way traffic, but delays should be expected. The highway will be fully open at night. There being no further business, Chairman Barker adjourned the meeting at 8:32 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk Estes Park Housing Agtho.~*©ED¥[2-3 7 ae es i J:-* egAL,i«*33 1 MAR - 9 2004 -_---->-U·,9*>4*ra ?ititf March 9,2004 Honorable Mayor John Baudek Town of Estes Park. P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Baudek: It is with great pleasure that the Board of Commissioners for the Estes Park Housing Authority recommends the re-appointment of Ms. Karla Porter for commissioner position on the Estes Park Housing Authority Board of Directors. If approved by the Board of Trustees, Ms. Porter will serve a five-year term until April 13, 2009. We respectfully request the Board of Trustees accept our recommendation. The EPHA commissioners are excited about Ms. Porters pending re- appointment and are confident that her commitment to our board and to affordable housing will both compliment and mirror that ofthe Trustees. The EPHA feels her continued presence on the Board will prove to be benefit both to the EPHA Board and the citizens we all serve. Should you have any questions or concerns, please do not hesitate to call. Sincerely, U»\4Lblvt. Rita Kurelja Estes Park Housing Authority Ce: Sue Doylen Eric B lackhurst Jack Dinsmoor Karla Porter Catherine Jensen Sam Betters EQUALHOUSING OPPORTIN¢TV (970) 577-3800 • RO. BOX 1200 • 170 MAC GREGOR AVENUE • ESTES PARK, CO 80517 • FAX (970) 586-0249 - -1 ; · it ;4 '3'' 0 '14 53 *. 4 1 2 < 1, r f ' 1-001 2 - RAN , 1, -1.--41 .3.1 1 Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola *t<7 Date: 3/19/2004 Re: Alcohol Policy Revision Background: Town policy includes extensive detail relative to alcohol and drug testing for "safety sensitive" positions as defined by the Federal Department of Transportation. However, the policy does not address employees that do not fall under the "safety sensitive" category. In this case, the personnel manual contains ambiguous language on use of alcohol by employees while on duty. Therefore, staff has consulted with CIRSA's employment law specialist regarding clarifying language. This matter was also reviewed with Town Attorney White. The attached revision is the result of our discussions and research. New Policy language is denoted by an underline. Budget No budget implications. Action: Staff requests consideration of the amended drug and alcohol policy. 1 3. 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 C.D.L. Licenses, or are involved in safety sensitive functions are subject to the Town's Drug and Alcohol Testing Policy (Appendix A). 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 j ob 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. Appendix A shall govern testing for those employees who are subject to random drug and alcohol testing. For employees not covered by Appendix A, the Town shall take reasonable steps to determine if an employee is impaired by alcohol. "Impaired" shall be defined as a breath or blood alcohol level of .02 or greater. Said level is consistent with state law (42-2-126, C.R.S.) as it applies to Commercial Driver Licenses. Any employee who violates this policy shall be subject to discipline as stated elsewhere in this personnel manual. Administration Memo To: Honorable Mayor Baudek and Town Trustees From: Randy Repola/€ Date: 3/19/2004 Re: Health Insurance Portability and Accountability Act 1996 Background: In April of 2003, the federal government revised the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to provide for federal privacy standards for individuals' personal health information. As a result, the Town is required to amrm that it will comply with HIPAA. The attached statement will be added as item U(5) and the policy and procedure will be added to the Town's personnel manual as Appendix B. New Policy language is denoted by an underline. Budget No budget implications. Action: Staff requests consideration of the proposed HIPAA policy statement and accompanying policy and procedure. 1 qualifying full time and part time employees. Dependent coverage must be paid by the retired employee. 2. Group Life Insurance All full-time and part-time employees are covered by the Town for life and accidental death and dismemberment insurance. The employees are insured at one times annual salary up to a $50,000.00 maximum. 3. Fire and Police Pension Authority All full-time non-clerical public safety employees are insured through the state Fire and Police Pension Authority (F.P.P.A.) Accidental Death and Dismemberment Plan. All limits and coverages are governed by the Colorado State Statutes. 4. Medical Provider The Town of Estes Park will designate the provider of treatment for Worker's Compensation injuries. Any employee of the Town who is injured on the job must seek treatment at the "designated provider". Treatment for injuries Of an urgent or critical nature should be sought at the nearest emergency room. 5. HIPAA The Town of Estes Park adopts and will comply with the relevant portions of the Health Insurance Portability and Accountability Act of 1996 as revised in 2003. The Town policy and procedure for compliance is contained in Appendix B. 28 Town of Estes Park Personnel Manual Appendix B Town of Estes Park HIPAA Policy and Procedure Subject: Notice of Privacy Rights (Individual Rights) Purpose: To define the purpose, content and distribution of the Town of Estes Park's Privacy Practices, as required by the privacy rule. Policy: The Town of Estes Park's Privacy Practices shall inform an individual of: • The uses and disclosures of his/her protected health information that are made by the Town; • The individual's rights under the HIPAA privacy rule; and, • The Town's legal duties with respect to protected health information. The Town maintains a Notice of Privacy Practices reflecting current use and disclosure practices related to protected health information. This notice is made available to individuals through various distribution mechanisms and is available to any person upon request. The Notice of Privacy Practices describes information regarding use and disclosure practices for both self-insured and fully insured plan members. The Town has created a separate Notice of Privacy Practices for its Blue Cross Blue Shield Medical and Dental, VSP Vision, Denver Reserve and Town staff plan members. Content The content of the Notice shall comply with the requirements of the HIPAA privacy rules. 1 Town of Estes Park Personnel Manual Appendix B Changes to the Notice of Privacv Practices The Town reserves the right to change the Notice and apply the new Notice provisions for all protected health information that it maintains. All changes to the Notice shall be made with the approval of the Privacy Officer. Deborah Parrack, Assistant Finance Officer, Finance Department. Material Changes In the event that the Town makes a material change to a Privacy Practice included in the Notice, the Town shall: • State the changed practice and, • Make available, within 60 days of such change, a copy of the Notice to individuals then covered by the plan, also changes will be posted to the Town intranet. Non-Material Changes In the event that the Town makes a change to a privacy practice that does not materially affect the content of the Notice, the Town shall ensure that the changed practice is in compliance with the standards, requirements and implementation specifications of the privacy rule. Distribution The Notice shall be made available as follows: 2 . Town of Estes Park Personnel Manual Appendix B • The Notice of Privacy Practices shall be distributed, as necessary, to the subscriber of the health plan, and not to each individual family member. • The Notice shall be published on the Town's intranet. • The Notice shall be included in each enrollment packet distributed by the Town for fully insured plans. • Members are informed through the following documents how to obtain a current copy of the Notice of Privacy Practices: • Intranet • Upon material revision, the Notice shall be made available to current health plan subscribers in accordance with this policy. Procedure: At least annually, the Privacy Officer and HIPAA Operations Committee will review the Town's Notice of Privacy Practices to ensure that it reflects current use and disclosure practices. Members are informed, at a minimum of at least every three years, of the availability of the Notice, and how to obtain it. Documentation Requirements Material and non-material changes to the Notice of Privacy Practices shall be maintained in written and/or electronic form for a minimum of six years from the date of its creation, or the date when it was last in effect, whichever is later. 3 1 I Town of Estes Park Personnel Manual Appendix B The Town shall document that the Notice has been distributed and made available, which may include copies of the distribution lists. Policy Compliance: Employees with access to Protected Health Information are required to comply with this policy and supporting policies. Failure to comply shall be brought to the attention of management and, when applicable, the Privacy Officer for appropriate action. This may include disciplinary action and/or possible legal action. 4 . D. , 4, M Msi 0- $ & h 66 0 05 LU 22 LU % E > 62 LU g (0 Si Ob@ m- 0 J -6 4 WE E 01) ro U. < 2 € January 173,414 221,731 27.86% 219,615 -0.95% 253,113 15.25% 274,452 8.40% 246,462 -10.20% 244,444 -0.82% 268,212 9.72% %ZZ 6 %02.2 %96*L- %fO'* %6 L'g %99.D %9$' Z L MONTH 1997 1998 %Change 1999 % hange 2000 %Change 2001 % ge 2002 ° 2003 %Change 2004 % frorn frorn Prev. Year Prev. Year Prev. Year 214,301 216,038 0.81% 246,150 13.94% 251,076 2.00% 291,508 16.10% 260,415 -10.67% 243,192 -6.61% 227,601 272,203 19.60% 282,663 3.84% 233,275 -17.47% 331,425 42.07% 301,480 -9.04% 294,622 -2.27% 205,841 264,186 28.34% 256,815 -2.79% 329,263 28.21 % 291,313 -11.53% 308,495 5.90% 289,585 -6.13% 362,036 374,411 3.42% 412,874 10.27% 452,373 9.57% 410,545 -9.25% 438,016 6.70% 432,022 -1.37% 580,200 649,522 11.95% 667,229 2.73% 687,192 2.99% 734,863 6.94% 751,262 2.23% 716,004 -4.69% July 785,123 855,485 8.96% 886,921 3.67% 896,173 1.04% 942,029 5.12% 929,786 -1.30% 1,026,781 10.42% August 815,371 788,676 -3.27% 798,749 1.28% 854,412 6.97% 844,027 -1.21% 952,370 12.84% 995,474 4.53% September 553,988 675,415 21.92% 738,133 9.29% 789,288 6.93% 850,640 7.75% 744,277 -12.51% 731,119 -1.77% October 315,578 470,937 49.23% 491,217 4.31% 495,365 0.84% 445,700 -10.03% 416,253 -6.61 % 478,396 14.93% November 264,411 280,187 5.97% 294,659 5.17% 307,340 4.30% 384,270 25.03% 315,208 -17.97% 352,803 11.93% %00'E- *8299£ %9 L + 68*'*Z£ %/t,-£- 829'69€ %917. L L 991'ZZ€ %9 L'9 6L0'*££ %12'9 L69't, LE 28£'691 Jeql1100el ZLE'991 911' L.LL'9 (bg'8£0'9 09€'091/9 99 L' /26'9 **0'619'9 EQE'£98'9 LGE'zez't' TOWN OF ESTES