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Home My WebLink AboutPACKET Town Board Study Session 2008-10-144, ~Â¢E43bs*' STUDY SESSION TOWN BOARD Tuesday, October 14, 2008 4:30 p.m. to 6:30 p.m. Room 130 170 MacGregor Ave. AGENDA 1. Special Event Vendor Fees for the Commercial Downtown Zoning District (Bond Park). 2. Fire District Task Force Presentation. Jackie Williamson From: EP Administration [ir3045@estes.org] Sent: Wednesday, October 08,2008 4:57 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 0739 ST. TIME 10/08 16:47 PGS. 3 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channe18 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ---- 1 October 9,2007 Board Meeting 1. COMMUNITY SPECIAL EVENT VENDOR LICENSING - ADOPTION OF ORDINANCE #19-07. Town Clerk Williamson stated the proposed licensing is in response to complaints received on the impact craft fairs in Bond Park have on the downtown merchants. Each special event vendor in the Commercial Downtown "CD" zoning district would be required to obtain a business license through the special event coordinator and display the license while conducting sales from their booth. Attorney White read the Ordinance. Paul Fishman/14ers Caf6 questioned why the vendors at the fairgrounds were not included. Town Clerk Williamson stated the organizations that use the fairgrounds pay a significantly higher fee to rent the facility. Staff was concerned the additional fee would negatively impact the fairgrounds. After further discussion, it was moved and seconded (Levine/Eisenlauer) to approve Ordinance #19-07, and it passed unanimously. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO TO INCLUDE COMMUNITY SPECIAL EVENT VENDORS WITHIN THE COMMERCIAL DOWNTOWN "CD" ZONING DISTRICT WHEREAS, it is necessary for Chapter 5.20 of the Municipal Code to be amended with regard to licensing of community special event vendors in the Commercial Downtown "CD" zoning district; and WHEREAS, it is necessary to adopt certain terms and restrictions for the licensing of all vendors associated with special events in the Commercial Downtown "CD" zoning district; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend theÂ· Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Sections 5.20.010 (c), 5.20.020 (6), 5.20.030 (6), 5.20.040, 5.20.50 (b), 5.20.060 (b), 5.20.070, and 5.20.080 Sub of the Municipal Code shall be amended to read as follows: 5.20.010 Business license fee. (c) Each community special event vendor that engages in business within the Commercial Downtown "CD" zoning district of the Town shall first obtain a vendor license from the Town Clerk. The community special event coordinator is required to have a General business license to ehgage in business within Town limits. Any community special event coordinator or special event vendor with a current Town business license is exempt from this business license fee. 5.20.020 Definitions. (5) Community special event vendor means any business that sells or offers to sell any goods, wares, merchandise or service in conjunction with a community special event within the Commercial Downtown "CD" zoning district. Community special event coordinator means the individual or organization that is responsible for the management of the community special event. 5.20.030 Amount of license fee. The business license fee is set forth as follows: (6) Community Special Event Vendor operating within the Commercial Downtown "CD" zoning district. The business license fee shall be as follows: 1-3 day $ 20.00 4 - 7 days $ 25.00 8 - 30 days $ 50.00 +30 days $200.00 5.20.040 Business license required. Every person who is the owner of any business, profession occupation, accommodation unit or community special event vendor including owners of multiple businesses at separate physical locations, which is subject to the business license fee set forth in this Chapter, shall obtain a business license from the Town prior to engaging in any business, profession, occupation, accommodation or community special event within the Town. A community special event vendor is only required to have a license when operating with the Commercial Downtown "CD" zoning district. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) 5.20.050 Form of license; transfers. (b) Every community special event business license shall be numbered and show the vendor name, name of the event and dates applicable and shall be displayed at each booth in a conspicuous place. 5.20.060 Payment of license fee. (b) Community special event vendor fees shall be collected by the community special event coordinator and remitted to the Town Clerk with the name of the vendor, vendor's sales tax information, name of event and date(s) of event at least 10 business days prior to the start of the event. 5.20.070 Violation. It shall be a violation of this Chapter for an owner of a business, profession, occupation, accommodation or community special event vendor or any Â·person subject to the business license fee imposed herein to fail or refuse to make payment to the Town of the fee or in any other manner to evade the collection and payment of the fee or any part imposed by this Chapter. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) 5.20.080 Revocation of license. The Town, after giving written notice to the owner of any business, profession, occupation, accommodation or community special event vendor who has either failed to 2 pay the fee in accordance with Section 5.20.060 may revoke the license of the owner. Upon revocation of the license, the ownefs right and privilege to conduct the business, profession, occupation or accommodation withinthe Town is terminated. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) Section 2: This Ordinance shall take effect and be in force thirty (30) days-after its adoption and publication PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of . , 2007. Town Clerk 3 , September 11, 2007 Work Session TRANSIENT VENDOR LICENSING OF COMMUNITY SPECIAL EVENT VENDORS IN COMMERCIAL DOWNTOWN "CD" DISTRICT AND BOND PARK USAGE. Staff began researching the licensing of community special event vendors in response to past complaints about the impact of craft fairs in Bond Park. At the June Community Development Committee meeting, staff was directed to research and draft a proposal for licensing community special event vendors. The proposal was presented to Committee at the August meeting. At that meeting a discussion ensued regarding the licensing requirements for events and vendors renting the fairgrounds and concern was expressed that the proposed policy could have a negative impact for the Fairgrounds. Staff was directed to investigate the issue further. Director Pickering stated most events in Bond Park are fundraisers for Service Clubs and the Fire Department. He commented the events are a part of the atmosphere downtown and moving the events from Bond Park to the Fairgrounds could take away business from the downtown area. Questions and comments were heard and are summarized: How valid is the problem and can it be quantified; the 2017 Committee suggested there be more events in the downtown area to increase foot traffic; what uses should be considered and encouraged for Bond Park; vendors operating within the Commercial Downtown "CD" zoning district should be required to obtain a business license which addresses the concern of equity within the downtown corridor; development of a Master Plan for Bond Park to identify the types of uses for the park; the event coordinator would be responsible for collecting fees, remitting fees and sales tax information to the Clerk's office and ensuring licenses are posted. Administrator Repola stated Dir. Zurn will develop a rough draft of the process, including public input, for a Bond Park Master Plan to be present to the Community Development Committee in October for discussion with possible implementation in 2009/2010. Staff will prepare a new proposal and code language for the licensing of community special event vendors in the Commercial Downtown "CD" zoning district with the fee structure to begin with a 1-3 day range at $20.00 and present it at an upcoming Town Board meeting. Administrator Repola requested the Special Events staff notify all affect events of the proposed licensing requirements. Trustee Homeier stated the fairground vendors should be required to pay a fee and register that same information, i.e. sales tax, as all other vendors. Discussion followed regarding the inclusion of fees within the rental agreement. Special Events staff will collect the same information through the rental agreement without collecting additional fees. I . August 2,2007 CDC Meeting Community Special Event Vendor Licensing - Request Approval of Ordinance At the June 7th meeting, the Committee reviewed the proposed fee schedule and procedures for community special event vendor licensing. The Clerk's office was instructed to produce code language to implement the new licensing requirement. Clerk Williamson reviewed the proposed code language that was added to Section 5.20 Business licensing of the Municipal Code. Attorney White reviewed the proposed code language and strongly recommended procedures on issuing the licenses be addressed administratively and not included within the code language. Dir. Pickering questioned whether the vendors associated with an organization renting the fairgrounds and selling goods only to the participants of the event would be exempt from purchasing individual vendor licenses. Clerk Williamson stated the proposed code language would require the vendors to purchase a business license. Mgr. Winslow stated the public does not routinely purchase goods at these events; however, the public can attend events at the fairgrounds and purchase goods. Dir. Pickering requested the code language differentiate between a special event booth and a convention or sales meeting or public versus a private event. After further discussion, the Committee requested staff review the definition of a community special event and consider a distinction between public versus private events. , June 7,2007 CDC Meeting SPECIAL EVENT VENDOR LICENSING DISCUSSION. At the request of the Community Development Committee, Bo Winslow, Laurie Button, Jacquie Halburnt and Jackie Williamson met on April 19th to discuss special event vendor licensing. As a result of this meeting and research on the subject, the following is being proposed: â€¢ Definition: Special Event Vendor means any business, whether local or not, that sells or offers to sell to consumers any goods, wares or merchandise, in conjunction with a special event. 0 Special event organizer would obtain a General business license for the event ($200.00) * Fee Structure for Vendors Only: 1 day $ 10.00 2 days $ 15.00 3 days $ 20.00 4-7 days $ 25.00 8-30 days $ 50.00 +30 days $200.00 â€¢ Fee would be collected by the special event organizer and submitted to the Town Clerk's office with the fee deposited into the General Fund. Sales tax information for each vendor would be collected by the event organizer and submitted with the payment. â€¢ A license would be issued by the Clerk's office to be displayed at the booth/tent. The organizer would be responsible for delivering the licenses to the individual vendors and ensuring the license is displayed. There are approximately 16 special events held at the Fairgrounds, Bond Park and the Brewery parking lot with 536 vendors. Revenue is estimated at approximately $9,825.00, with a minimal cost associated with collecting and issuing the licenses once the associated database is in place, of $100.00 in materials per year. The Town Clerk's office requests consideration of the proposed special event vendor licensing proposal and fee schedule with specific code language to be adopted and in force prior to the 2008 season. Trustee Levine thanked those involved in creating the special event vendor fee schedule, calling it an equitable way to level the playing field between permanent business owners and transient vendors. The Committee approves of the fee structure and recommends staff develop the specific language to be reviewed at the August Committee meeting. Paul Fishman, owner of 14ers Caf@,116 E. Elkhorn Avenue, thanked the Committee for pursuing the licensing of special event vendors. Estes Valley Fire Services Task Force Final Report & Recommendations Presented to the Town of Estes Park Board of Trustees October 2008 Photo Courtesy Estes Park Volunteer Fire Department Photo Courtesy Estes Park Volunteer Fire Department . 1. - = 1 .. a. ... . - .y. P , '. , -4 7 Â¥ - 1. a., 1 . . - :1 2... I I Ft 4 2 , t. - II ~' ill , 11 2 , d 4/el - 1, . Photo Courtesy EP NewsIHazelton .I..1............. ............... . / ra M 1 P â€¢ Estes Valley w . â€¢ Fire Services Task Force . I Final Report & Recommendations 0 Presented to the Town of Estes Park Board of Trustees I October 2008 â€¢ Table of Contents . . Â· Executive Summary Â· The Plan and Related Discussions â€¢ Considerations/Suggestions . Â· Timeline Showing Important Milestones â€¢ Appendixes - Appendix A - Budget Spreadsheet - Appendix B - Interim IGA Draft - Appendix C - Ongoing IGA Draft - Appendix D - Service Plan Draft Estes Valley Fire Services Task Force Final Recommendations, October 2008 Executive Summary To the Estes Park Town Board of Trustees: In February 2008, the Estes Park Town Board of Trustees adopted a "plan for a plan" to form a Task Force charged with the responsibility of recommending a plan to the residents of the Estes Valley for a comprehensive fire and emergency services system that would unify the entire Estes Valley under one roof. The plan was to include a timetable and fiscally responsible funding proposals that would be considered fair and equitable to all the residents of the Estes Valley. In the event that the recommendation resulted in the need for a citizen initiative election, sufficient time would be required to prepare the necessary documents in time for putting the proposal to a vote in November of 2009 (not 2008). The Task Force was required to present their recommendations in the form of a complete plan for review by the Town Board of Trustees in October 2008. (This is that plan.) In February-March 2008, applications for membership on the Task Force were accepted and carefully reviewed. At the end of March, 2008, the members were selected for the Task Force. The first meeting was held at the Estes Park Fire Department on Wednesday, Apri12, 2008, and was attended by the members of the Task Force and the general public. The Task Force was comprised of 11 members representing many different interests and backgrounds. The general makeup includes: â€¢ Residents who live within the Town boundaries . Residents who live outside the Town boundaries â€¢ The Town Fire Chief â€¢ A Volunteer Fire Department member elected by the Volunteer Fire Department â€¢ A senior member of the Town Staff â€¢ One of the Town Trustees The Task Force met in public meetings a total of 13 times. All meetings were recorded via meeting minutes and posted on a website created specifically to inform the public as to the status of the Task Force's deliberations and to obtain public feedback on a continuing basis. The website may be found at http://EVFireServices.org. Sixteen different proposals were considered during these meetings. At about the halfway point a consensus began to emerge on a single plan. Following agreement on the general outlines of the plan, the remaining meetings were devoted to refining the details of the plan as well as consideration of different financial factors such as projected budgets, funding options, etc. In September, 2008, the complete draft plan was presented publicly for the first time. The first presentation was to the Estes Park Volunteer Fire Department and was primarily used to obtain feedback as to how the firefighters viewed the plan. Firefighter reception of the plan was positive. The second and third public presentations were held for the general public in the Estes Park Town Board Room. Again, reception was positive. In the course of developing the plan, it became apparent that there were ancillary considerations and ideas that were not properly a part of the plan. Rather than ignore these ideas, a separate section entitled Considerations is included in this Final Recommendation so that the Town Board may consider other ideas that may be of interest in the overall planning for fire and emergency services in the Estes Valley. Executive Summary (Rev 3).doc Page 1 of 3 Details of the plan and various supporting documents may be found in the following pages. In brief, the plan recommends the following steps: 1. The plan recommends the creation of an inclusive Fire Protection District (the "District") that encompasses the entire Estes Valley. Boundaries of the District are determined by the existing boundaries of other districts such as RMNP, Glen Haven, the US Forest Service, Pinewood Springs, and Allenspark. In other words, the proposed District covers all of the Estes Valley that is not currently covered by some other fire protection agency. Creation of the proposed District must be approved by a vote of eligible voters within the proposed District. Ballot questions, such as new taxes and the question for approval of the proposed District are only allowed on general election ballots in November of each year. An election in November 2009 is anticipated and is the soonest this issue could go to the public. 2. As required by state statute, a newly established district will have five Directors who are to be elected by the voters on the same ballot with the question for approval of the District and its tax levy. The Directors will be elected at large in the District. 3. Legal requirements for approval of a ballot question to establish a new District include a preparation of a Service Plan describing the District and how it will operate. The Service Plan must include Intergovernmental Agreements (IGAs) covering arrangements with other political entities. A draft Service Plan and two draft IGAs between the Town and the proposed District have been prepared and are included in the Appendixes of this Recommendation. These drafts cover 1) the transition period between the election and the time when the District is financially viable, and 2) the continuing operations of the District. 4. The plan recommends an orderly transfer of the current Town-owned apparatus and equipment from the Town ownership to the District ownership. Details of this transfer are spelled out in the IGAs proposed above. 5. The plan recommends that certain services such as Human Resources, Accounting, Fleet Maintenance, etc., should not necessarily be included as activities operated directly by the District. Instead, as appropriate, such services should be contracted out. It is likely that some of the services will most naturally be contracted out to the Town. Indeed, other organizations, such as the Library District and the Larimer Emergency Telephone Authority (911-LETA), already contract with the Town for certain support services. 6. The plan recommends that the District if approved by the voters, will begin limited setup in late 2009 and will begin an orderly transition in 2010. Fully funded operations will begin in 2011. 7. The plan proposes a working budget for the operation of the District. Also, the plan proposes a funding mechanism to fully fund the District. A copy of the budget details and funding mechanism may be found in the Appendixes. In brief, the funding works as follows: a. A mill levy of 1.95 mills is proposed as a property tax to be assessed on all property owners within the proposed District. The mill levy would go into effect in 2010 following a favorable election result in 2009 and would generate revenue for the District beginning in 2011. b. The plan also proposes that the Estes Park Town Government approve a funding plan that would require the Town Government to transfer seven percent (7%) of collected Town sales tax revenues to the District on an annual basis. By defining the transfer at a fixed percentage rate, the Town is assured that the obligations to the District have an upper limitation that would follow the general Town economy. Again, the IGAs will be required to spell out the details of this funding mechanism. Executive Summary (Rev 3).doc Page 2 of 3 The Task Force has worked diligently on this task for six months. We are pleased to report that a unanimous consensus was reached on the various aspects of the plan and public feedback has been overwhelmingly positive. We believe that the plan is a fair and equitable plan that stands a good chance of voter approval in a forthcoming election. We recommend approval of this plan by the Town Board. We will be pleased to discuss this plan with you and explain matters that may not be completely clear. Thank you for the opportunity to work on this Task Force. We believe it will have historic ramifications far into the future. 6,141U:.Â»>--0 Lowell Richardson, Co-chak p Deputy Town Administrator 4 .A ./ Don Widrig, Co-chair G.VJ-1,1 County Resident Dorla Eisenlauer Town Trustee Scott Dorman , Estes Park Fire Chief -44 /~ro.;,--....--*.- Will Finch Volunteer Fireman Sue Doylen Town Resident Bob Dekker Town Resident , Bill Van Horn County Resident Bruce Johnston 52 6.114 -- Gunty Resident frÂ».0- Jim Austin County Resident Frank Theis Town Resident / October, 2008 Executive Summary (Rev 3).doc Page 3 of 3 . . . . . THE PLAN Fire Services Task Force Plan 10/08/08 A Proposed Plan for the Estes Valley Fire Protection District - Town Board Presentation, 14 Oct 2008, Presented By The Estes Valley Fire Services Task Force 1 Overview Â· The Search for a Fair and Equitable Plan Â· Background Â· Issues Â· Structural Considerations Â· Budget Considerations Â· Funding Considerations Â· Task Force Plan le.r / 4......I- 2 Fair and Equitable Â· Primary Goal of the Task Force Was "Fair and Equitable" - All Estes Valley Property Owners Should Pay the Same Rate For Fire Protection Services - All Estes Valley Property Owners and Visitors Should Receive Equal Fire Service Protection - Town Government Should Support the Community in a Fair and Equitable Manner Â· All Public Input Stressed the Same Theme .--IN --- 3 - 1 Fire Services Task Force Plan 10/08/08 Background How We Got Here Issues Structural Budget Funding Plan Â· The 2004 Plan and Election Â· The 2006 Plan and Election Â· Our Current Situation 4 â€¢ Background Setup of Task Force in Â· Issues Â· Structural 2008 Budget Â· Town Board chartered the Fire Funding Plan Services Task Force in February Â· Task Force must recommend a plan to the Town Board in October Â· Plan should encompass fire and emergency services supplied by the current Fire Department Â· Members of Task Force chosen to represent a wide spectrum of interests in the Estes Valley 5 Background Issues Task Force Members Â· Structural Budget Lowell Richardson, Co-chair Bob Dekker Â· Funding Deputy Town Administrator Town Resident Â· Plan Don Widrig, Co-chair Bill Van Horn County Resident County Resident Dorla Eisenlauer Bruce Johnston Town Trustee County Resident Scott Dorman Jim Austin Estes Park Fire Chief County Resident Will Finch Volunteer Fireman Frank Theis Town Resident Sue Doylen Town Resident 6 2 Fire Services Task Force Plan 10/08/08 Â· Background Summary of Task Force Issues Â· Structural Meetings Budget Â· Funding Plan Â· Created Website to Communicate - http://EVFireServices.org Â· Developed Method to Evaluate Ideas Â· 16 Candidate Plans Proposed Â· Educational Sessions Â· Tool Developed to Evaluate Funding Â· Developed 5-year Recommended Plan 7 Background Issues Issues Â· Structural Budget Â· Current Fire Protection Services Are Funding Becoming Financially Difficult Â· Plan Â· Valley Property Owners Participation Requested for Several Years Â· Fair & Equal in Fire Protection Services Â· Funding Should Be Shared Between Protecting Lif@ and Property Â· Ballot Acceptance 8 Background Issues Evaluation Criteria Structural Â· Budget Funding - Â· Plan Â· Shared Revenue Sources Â· Inclusive Fire Protection District Â· Property Tax Increase Less Than 2 Mills Â· Long-term Town Financial Exposure Â· All Eligible Voters Have Vote Â· Oversight Management 9 3 Fire Services Task Force Plan 10/08/08 Background Issues Structural Considerations Â· Structural Â· Budget â€¢ Funding Plan Â· Current Fire Department Â· Unincorporated Estes Valley Fire District + Town Inclusive Fire Protection District Â· Fire Authority 10 Municipal Fire Department *:AL- Â¢ t./.*.Â·Â· I ./ I . 9 4,4 11 Background Â· Issues Structural Considerations Â· Structural Budget Funding - Â· Plan Â· Current Fire Department Â· Unincorporated Estes Valley Fire District + Town Â· Inclusive Fire Protection District Â· Fire Authority 12 4 Fire Services Task Force Plan 10/08/08 Unincorporated + Town Ch-/ ' 1 I 4. 4./.â‚¬3,4 1 1 13 Background Issues Structural Considerations Â· Structural Budget Funding Plan Â· Current Fire Department Â· Unincorporated Estes Valley Fire District + Town Â· Inclusive Fire Protection District Â· Fire Authority 14 Inclusive Fire Protection District 4 2 6..... 7 I , . r T Â· 'ham : A full legal description of the boundaries mav be found in .f tile proposed Semice Plan. *7 ...J 15 5 Fire Services Task Force Plan 10/08/08 Â· Background Issues Structural Considerations â€¢ Structural â€¢ Budget Funding Â· Plan Â· Current Fire Department Â· Unincorporated Estes Valley Fire District + Town Â· Inclusive Fire Protection District Â· Fire Authority (In all cases, Mutual Aid agreements provide for help with reciprocal aid from other districts.) 16 Background Issues Budget Considerations __ â€¢ Structural Budget Funding - Plan Â· Personnel (Paid and Volunteer) Â· Operations Â· Maintenance Â· Capital Reserve Â· Fire Protection District Overhead 17 Estes Park Volunteer Fire Department 5400 49.Do 4*-.- #'**** 4400 3900 ' ,9Â· ..~ - .al . I 3400 / 4-Average YOS 29.00 -*- Number of FF 24.00 Â· . Average Age 1900 1400 9.00 0 : 4.00 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 / 1 18 6 Fire Services Task Force Plan 10/08/08 Â· Background Issues Personnel Â· Structural Budget Â· Funding â€¢ Plan Â· Recruiting and Retention Â· Volunteers Â· Paid Staff Â· Part-time Staff Incentives Pension 1:11.6~ 19 Â· Background Issues Funding Considerations Â· Structural â€¢ Budget Funding Plan Â· Fundraising & Donations Â· Subscription Fees Â· New Sales Tax Â· New Mill Levy Â· Sales Tax Collection - 20 Background Issues Fire Protection Mill Levy Â· Structural Budget Funding Â· Plan Â· Fire Protection Mill Levy in Other Districts - Berthoud: 15.274 - Johnstown: 9.478 - Poudre Valley: 9.301 - Allenspark: 7.507 - Pinewood Springs: 6.336 - Loveland Rural: 5.808 21 Fire Services Task Force Plan 10/08/08 â€¢ Background Issues Town General Fund â€¢ Structural Â· Budget Â·Funding '~ Plan e * 4 -4 2008 (Simplified) Fire Department Fund:ng e:Â¥54 22 Background Â· Issues The Task Force Plan Â· Structural Â· Budget Funding Â· Plan Â· Structure Â· Budget Â· Funding 23 Background Issues Proposed Structure Â· Structural â€¢ Budget â€¢ Funding Â· Independent Fire Protection District â€¢ Plan Â· District Includes Entire Estes Valley Â· Five Directors Elected At Large From the District Â· Independent Entity Can Issue Bonds for Future Capital Projects 24 8 Fire Services Task Force Plan 10/08/08 Â· Background Issues Proposed Structure Â· Structural Â· Budget Â· Fire District Pays for Support Services â€¢ Funding - Fleet Maintenance Â· Plan - HR Services - Accounting - Dispatch Services Â· Contract Between Town Government and Fire Protection District - Town Leases Fire Station - Town Transfers Equipment Ownership - Fire Protection District Handle Own Finances - Inter-governmental Agreement (1GA) Provides Details 25 Â· Background Issues Projected Budget Â· Structural â€¢ Budget Â· Started with 2009 Projected Budget Funding for all costs related to Fire Â· Plan Department Â· Increased the costs at an Annual Rate of 3.5% Â· Projected Fire District Funding for the First 5 Years of Operation Â· In the Years 2011 - 2015, the Fire District Budget Ranges from $992,000 to $1,113,000. 26 Background Issues Funding Concept Â· Structural Budget Â· Funding Should Come from Sales Â· Funding Plan Taxes for the Fire District's Protection of Life Â· Funding Should Come from Property Taxes for the Fire District's Protection of Property 27 9 Fire Services Task Force Plan 10/08/08 Â· Background Issues Proposed Funding â€¢ Structural Â· Budget . Town Government Serves as a Conduit for Â· Funding Our Community's Sales Taxes, Distributing Â· Plan an Amount Equal to 7% of Collected Sales Tax Revenues - Protection of Life Â· All Estes Valley Property Owners Assessed a New Mill Levy of 1,95 Mills Starting in 2010 and Collected Starting in 2011. ($15.52/$100K Residential Market Value) ($56.55/$100K Other Property Value) - Protection of Prooertv 28 Background Issues Proposed Funding Â· Structural . . â€¢ Budget Funding Â· Plan * S Lirâ‚¬/re~ * e Â§3Â·40Â¢er#Fp".teÂ©ted 4[:Â¥i< 4 (Proposed) Fu-e District Funding 2<',4 1 4 .7 Bl %30 :'t 29 Why Is This A Fair Plan? Â· From the Town Government's Point of View: - Sales Tax Portion Tied to Economy - Predictable Expense Â· From the Property Owner's Point of View: - Fair and Equitable. Same Service Valley-wide - Reasonable Mill Levy for All Valley Property Owners - Board of Directors to Represent Everyone's Interests Â· From an Economic/Visitors' Point of View: - High Level of Service with No Direct Charge to 3,500,000 Visitors 30 10 Fire Services Task Force Plan 10/08/08 Summary Â· Fair and Equitable Services for All Estes Valley Residents and Visitors Inclusive Fire Protection District for Entire Estes Valley to Continue to Provide Excellent Service to the Estes Valley Â· Fire Protection District Board of Directors Elected At- large Â· Shared Funding Arrangement with Contributions from Property Taxes and Sales Taxes Plan Establishes a Viable Future for Fire Protection Services 31 What's Next? Â· Trustees Consider the Plan Initiatives Committee Is Formed Â· Numerous Legal Steps Accomplished by Initiatives Committee to Get on the November 2009 Ballot Â· Voters Approve Initiative and Select District Directors in November 2009 Â· District Formed in Late 2009 Â· Full Funding Begins in 2011 ir,r -+'t - 411 32 Website http://EVFireServices.org 33 11 Fire Services Task Force Plan 10/08/08 Comments? ? 34 - 12 Estes Valley Fire Services Task Force Final Recommendations, October 2008 Considerations and Suggestions In the course of discussing various options for the plan, the Task Force occasionally considered other questions that were not properly deemed to be part of the overall plan. Nevertheless, the Task Force felt that these issues should not be ignored and should be brought to the Town Board's attention as useful - suggestions for the Board to consider. We present these considerations here in no particular order of importance. 1. Method of transacting payments from the Town to the Fire Protection District (the "District") In concert with discussion with the Town staff, the following idea for determining the annual payment seemed to be the simplest approach that was consistent with the way that the Town manages their budget: a. The Town will make two payments to the District each year. b. The first payment, made in January of the current year, is for 90% of the predicted payment based on projected sales tax receipts for the year. The second payment, made in February of the subsequent year, is an adjustment based on the remainder of the payment due after the actual sales tax receipts are known for the current year. This adjustment is based on the expectation that the final sales tax receipts are delivered by the state to the Town on or about February 15th. c. Toward this end, the draft IGAs included in the Appendixes formalize this proposed payment schedule. Of course, there might be other possibilities that the Board may want to consider. 2. Obstructions to voter approval of the plan The Task Force received continual public feedback as the plan evolved. In almost every respect public acceptance of the plan was extremely positive. However, there was one recurring negative - theme received from the public, the issue of the Town Property Tax. The negative feedback was invariably phrased as follows: "You are proposing a property tax for everyone who owns property within the proposed district. But I already pay a Town Property Tax that covers my Town services such as fire protection, streets, etc. Why should I have to pay two property taxes for the same service?" Part of this objection is based on the public misperception that the Town Property Tax is used to pay for the Fire Department. Of course, this simply isn't true. Inspection of the Town budget shows that the Town Property Tax simply is another revenue source that feeds the General Fund which, in turn, is parceled out to a host of Town services. In the proposed 2009 Town budget approximately 8% of the overall budget is allocated for fire protection services. Still, the objection does have some merit. In the Task Force's quest for a Fair and Equitable plan, the two property taxes are unquestionably an inequitable burden on the Town property holders. This Considerations (Rev 3).doc Page 1 of 2 inequity is magnified for business owners who are also caught in the Gallagher amendment that will have the effect of significantly adding to their tax burden. The Task Force has continued to be concerned about this issue since, in our judgment this will likely have a serious negative impact on any vote for the plan. It's possible that there would be enough negative votes to doom final acceptance of the plan. The Task Force has spent considerable time in trying to find a way to help the Town property owners with this stumbling block. Several ideas were considered and are herewith offered for the Board's consideration: a. Lower the Town Property Tax. This idea gained considerable interest since there are a number of workable ways to compensate for the lost revenue to the Town if such a course of action was adopted. However, a factor that seems to doom discussing this idea is that EPURA funding hinges on various tax increment financing issues related to the Town Property Tax. In other words, EPURA funding willlikely be at risk if the Town Property Tax is adjusted. The Task Force has not obtained a legal opinion on this issue and it would be worth the Board's time to confirm this. b. Offer some kind of a rebate to Town commercial (real and personal) property owners. This would be analogous to the existing food tax rebate the Town offers to low income residents. While this would likely ameliorate some dissent, the idea does seem complicated to implement. It is at least worth considering if the overall effect is to gain voter approval. c. Sub-division of the District so that a separate tax levy could be applied to each sub-division is complicated (although permitted under state statute) and could be counterproductive for the Estes Valley. However, some method of establishing more parity between the Town and -r the unincorporated valley property owners should be investigated. d. Undertake a significant education campaign to educate the citizens as to the realities of the Town revenues and expenditures. The Task Force has discussed several easy-to-understand ways of simplifying and presenting the complexities of Town finance. We believe that educating the citizens on these tax and finance realities would be helpful in improving the voters' understanding of the issues involved. The Task Force would be glad to work with the Town government in developing such an educational campaign. 3. Benefits of the District Purchasing Support Services from the Town The Task Force considered the issue of how the District would perform infra-structure tasks such as Fleet Maintenance of the equipment payroll, etc. The plan recommends that many such services be contracted out instead of hiring support personnel solely to support the operations of the District. At least initially, the recommended ideas for support services include support on a fee basis by appropriate Town departments. The Task Force saw several benefits: a. The District benefits by having personnel experienced with their equipment and issues continue to provide the same services. b. The Town benefits by avoiding personnel reductions or reassignments and increased overhead rates while keeping their personnel fully employed. Considerations (Rev 3).doc Page 2 of 2 . . f TIMELINE Estes Valley Fire Services Task Force Final Recommendations, October 2008 Timeline The Town government and the Estes Valley community must work together to successfully establish an inclusive Fire Protection District and community-wide financial support for the future of our Fire Department. This section outlines the sequence of steps the Task Force has identified to implement the entire recommended plan. 1. Town government agrees on a plan and Service Plan for formation of an inclusive Fire Protection District (the "District"). 2. Town accepts the condition of shared funding of Fire Department and of payment of 7 % of annual total collected sales tax receipts to the District for Fire Department support. 3. Town accepts the condition of transfer of the Fire Department to the District. 4. Committee for District initiative formed as a political action committee. 5. Initiative committee prepares final service plan and final IGAs with the Town and County. 6. Initiative committee completes legal steps of getting initiative on special ballot for 10 Nov 2009. 7. Initiative committee conducts fund raising to pay fees and expenses of getting initiative on ballot. a. Cost estimated at $20,000 to $30,000. 8. Town agrees to financially support the District initiative committee. 9. After a successful special election, the District Court certifies election results in Nov 2009 and authorizes formation of the District and swearing in of Directors. 10. Town loans money to the District for minimum necessary expenses for Nov 2009 thru Jan 2011. a. Predicted expenses not to exceed $50,000; repayment at $10,000 plus interest per year annually beginning mid-year 2011. 11. County Assessor adds the District to property taxing entities for year 2010. 12. Town pays to the District, in January 2011, 90 % of 7 % of sales tax receipts predicted for 2011. 13. District assumes responsibility and oversight management of the Fire Department in January or February 2011. 14. County Assessor distributes majority of 2010 property tax rece*ts to the District in 2nd quarter of 2011. 15. Town pays, in February 2012, a reconciled payment for a total of two payments equaling 100% of 7% of the sales tax revenues collected by the Town during the calendar year 2011. 16. This two-payment process continues annually for subsequent years. Timeline (Rev 1).doc Page 1 of 1 . . . APPENDIXES Appendix A Budget Spreadsheet 8 0 0 0 CO to ON 0 N. It. 0 Or- 0 r 0 0 C) 2 0 0 8 0 0- 0 9 1 00) - 04 C 0 4 0 tri a.) 0 a C CD O =c a U) (D 82% 2008 2009 2011 2012 2013 2014 2015 Personnel 232,473 273,566 283,141 293,051 303,308 313,923 324,911 336,282 42,000 46,000 48,000 50,000 50,000 ~era~ons & Maint 200,619 177,470 183,681 190,110 196,764 203,651 210,779 218,156 479,091 181,173 161,173 166,814 172,653 178,695 184,950 191,423 :98'998 6â‚¬9' Lt,8 ozz'9:8 *ZL'68Z SL6'291 966'ZZ9 60Z'Zâ‚¬9 Â£8L'ZK6 0Z9'66 6k6'/6 909'68 69Z'98 9Â£9'â‚¬9 000'Le 000' L 9 ZZe'LL 280' L L ELL'OL 09â‚¬'OL 000' 0 L flov uoisued + ZW'101.10 829'ZOL LEO't'OL 81.9'oot 61. L'Z6 9Â£8'Â£6 000' 1.8 000' 1.8 uo!Sued [pv *99'69 92Â£79 9Â£t'99 L99'Â£9 092' M 000' 09 48Â£'69 9ZE'LS 9Â£,199 1.99'Â£9 09 Z' ts 000'09 0 a=IA + 269'LEO' ~ Â£69'900'L DZ'PL6 *08'Â£*6 /1,8' / /6 0Â£8' 1.Zz 601'ELL Â£8/'Â£66 ;efipng o:I lejol Â£6Â£'92 El'8'ZZ 000'89 000'08 uoiwils!ullupÂ¥ ad:1 + 980'Â£:CL 9Â£9'6L07 ZZI.'9*04 1~08'10100'10 **8'1.66 jeBpng add lejol Fire Protecti District Budget Projections inary Town budgets for 2009) 800Z 'I iaqo}/0 Proposed Budget Estimates (not yet approved by Town) uMO,I, 341 UIOIJ upoI e FIA papun; aq 1-[IM OIOE u[ uorjejado Iewed 103 13!119[C[ uorlialoid 341 041 Jo uolle:Uslu[UIPV :Z a}ON Addn'I ~Ws572'a ry/Yr _7 000_ (base salary in 2010) (Note 2) Escalation Rate Addn'I Paid Staff Volunteer Incentives uoilnqujuoo a='A + uo!1nquluoo a='A + Compensation houeSUBUOO + Part-time staff 71 71,000 71,000 71,000 , B- R 0 N OO -0 r- o 0 0- O 22 Z 11 -2 z ffatu) 00 2 6 &3 8 0% g - W r A.- M (A (D 16 of 05 -C 0 Ct.â€¢ 0 0.1 r- r 4 0 0 .-. CE 2009 2010 2013 2014 2015 Sales Tax Revenues 7,400,000 7,548 7,698,960 7,852,939 8,009,998 8,170,198 8,333,602 8,500,274 Town Contribution from Gen Fund 921,027 435,365 771,830 549,706 560,700 571,914 583,352 595,019 Town Assessed Value 164,731,997 159,790,037 162,985,838 166,245,555 169,570,466 172,961,875 176,421,112 179,949,535 County Assessed Value 108,000,000 104,760,000 106,331,400 107,926,371 109,545,267 111,188,446 112,856,272 114,549,116 L 99'86*'1761 98Â£'ZZZ'69Z LEE'091/1,81 Zâ‚¬2'91.1.'622 926'1021'172 9Â£1'21.â‚¬'691 LEO'099'1791 Z66' EZ'ZZZ enleA Pessessv lejol OZO'OZE Z L9'9LZ CL9'ELE 99*'OLE 9*Â£'ZOE (*lunoo) xel /(Pedoid ls!03 L60't99 Â£60'*99 9 ZZ't479 9Â£9'.9 691.'929 xel *pedold ls!Cl=1 lejol 01.1.'6910'1. 911~'2â‚¬1.4 061.'91.t'10 9Â£Â£'960'L *Ze'*ZO' L 0Â£8' I.ZZ 99Â£'0:9 ZZO'960' L enuaAekl Cd=I/ad le:ol 980'EXCL 9Â£9'6Z0' L ZZ:'91,04 t708'1.1.0'1. **8' t66 0â‚¬8'LZZ 601'ELL â‚¬8L'Â£66 Â£99' Lkâ‚¬ 9Â£9'961 6Z9'ZÂ£Z L99'99 L 0Â£029 *1,9'ZOL (1!0!Jep) pure koue6uquoo fEEnm mills (same mill levy for Town and Cty) $15.52 per $100K market value 9ZZ'LEâ‚¬ 199'0â‚¬â‚¬ 62 L'tâ‚¬Â£ 119'Zle (U/V\01) xel Xpedwd 19!a=I 910'9* 606'29 U LE'Â£9 0Â£029 (**8'ZO L) ft,9'ZOL (Mollep) snidinS enueAQI (based on pr ary Town budgets for 2009) Fire Protect District Budget Projections 800Z 'I Jaqoloo (percentage of Sa les Tax Revenues) Subscription Contribution from County 175,000 175,000 XUIOU003 U[12113)1m 07 anP 6003 u[ paseazi,ap sanICA passaSSV :I MON Proposed Funding Es Town Assessed Growth sessed Growt ate jeepng is!0 81!=I lejol 00049 jelipng a:I u]04) Appendix B 1. Z.t- Transition IGA Overview - â€¢ Effective for November and December 2009 and calendar year 2010 and first quarter of 2011 â€¢ Fire Protection District shall serve all persons and properties within the boundaries of the district equally and without priorities and fees â€¢ Fire Protection District shall remain a municipal department of the Town until the end of the transition period â€¢ Town shall have full financial responsibility for the Fire Protection District during the transition period â€¢ Town shall provide loans to the District for the District to meet minimum legal obligations and other expenses â€¢ Transition period shall be terminated when; o District has sufficient tax revenues and other funds to meet the remaining 2011 obligations of the District o District shall be capable of assuming the remaining 2011 financial obligations of the Estes Park Fire Department o The termination date shall be mutually agreed to by both parties a minimum of 45 days prior to the termination date DRAFT = IGA FOR TRANSITION PERIOD - REV 4 ESTES VALLEY FIRE PROTECTION DISTRICT - TOWN OF ESTES PARK INTERGOVERNMENTALAGREEMENT THIS AGREEMENT, effective this day of 2009, is by and between the ESTES VALLEY FIRE PROTECTION DISTRICT, a Colorado Special District, ("District" and "EVFPD") and the TOWN OF ESTES PARK, a Colorado Municipal Corporation, ("Town"). RECITALS: WHEREAS, the District was organized by order of the Larimer County District Court dated , 2009 for the purpose of providing fire protection, fire suppression and rescue services to persons and properties located within the District; and WHEREAS, the boundaries of the District extend beyond the Town in unincorporated Larimer County and include all properties located within the Town having a total area of about 66.3 square miles, and WHEREAS, the parties recognize the value of entering into this Intergovernmental Agreement for the mutual benefit of both parties; and WHEREAS, both parties mutually agree that it is necessary to work together in good faith to provide needed fire protection, fire suppression and rescue services to persons and properties located within the District consistent with the financial resources of the parties; and WHEREAS, the Town continues to operate the Estes Park Fire Department for the purpose of providing fire protection, fire suppression and rescue services to properties located within the Town and to properties located within the Estes Park Fire Department's Other Protection Area, and WHEREAS, the Estes Park Volunteer Fire Department provides personnel and other resources to the Estes Park Fire Department to assist in the operations of the department, and WHEREAS, the District has the lawful authority to provide fire protection, fire suppression and rescue services within the District; and WHEREAS, Section 29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to tile individual entities; and WHEREAS, the parties have determined to enter into this Intergovernmental Agreement for the purpose of providing the terms and conditions for the provision of fire protection, fire suppression and rescue services by the Estes Park Fire Department to the District; and DRAFT - IGA FOR TRANSITION PERIOD - REV 4 DRAFT - IGA FOR TRANSITION PERIOD - REV 4 WHEREAS this time period between voter approval of the District and a time when the District has received sufficient ad valorem revenues and other funds to become financially viable shall be called the "transition period;" and WHEREAS the Larimer County, Colorado, County Assessor will not assess ad valorem revenues for the District on properties within the boundaries of the District until the year 2010; and WHEREAS the County Assessor will not begin distribution of tax revenues to the District until the first half of 2011; and WHEREAS the District will have insufficient revenues to meet minimum District financial obligations until the first half of 2011; and WHEREAS the District will not be financially viable nor financially capable of operating the Estes Park Fire Department until it receives substantial tax revenues and other funds in 2011; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties hereto are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE DISTRICT AND THE TOWN AGREE AS FOLLOWS: The Recitals set forth above are hereby incorporated into the terms and conditions of this Agreement. 1. This Agreement is for November and December 2009 and the calendar years 2010 and 2011. This Agreement shall not be renewable beyond 2011 and shall automatically terminate during 2011 subject to the termination and budget conditions of Paragraphs 5 and 6 of this Agreement. 2. During this transition period; a. It is the intent of the parties that the current level of response to fire and rescue incidents provided by the Estes Park Fire Department ("EPFD") and the Estes Park Volunteer Fire Department, existing at the time of execution of this Agreement, shall remain substantially the same unless the parties mutually agree to revisions of the level of response to fire and _ rescue incidents within the District, and b. It is the intent that the EPFD shall serve all persons and properties within the boundaries of the district equally and without pMorities and fees, and c. The EPFD shall remain a municipal department of the Town, and - d. The Town shall have full financial responsibility, and DRAFT - IGA FOR TRANSITION PERIOD - REV 4 DRAFT - IGA FOR TRANSITION PERIOD - REV 4 e. Annual payments to the Firemen's Pension Fund and any and all other financial obligations related to the EPFD shall be the responsibility of the Town, and f. The Town shall provide loans, i. at prevailing rates, and ii. of sufficient funds to the District for the District to meet minimum legal obligations and other expenses, however, iii. at no time during the transition period shall the total value of the principal and interest of the loans exceed TBD, and iv. the repayment of the loans shall be TBD 3. The transition period shall be terminated under the following conditions: a. The District shall have sufficient tax revenues and other funds, or shall have reasonable expectations of such revenues and funds, to meet the remaining 2011 financial obligations of the Distrid, and b. The District shall assume the remaining 2011 financial obligations of the EPFD and its successors, and c. The termination date shall be mutually agreed to by both parties a minimum of 30 days prior to the specified termination date. 4. The transition period shall be followed immediately by continuing operations of the fire department under separate intergovernmental agreement between the District and the Town. 5. Either party may terminate this Agreement by written notice to the other party giving 90 calendar days or more notice of the intent to terminate. 6. Each party understands and agrees that the sums necessary to continue this Agreement shall be subject to the annual budgetary process of each individual entity. The financial obligations of the parties shall not be deemed to be financial obligations under Article X, Section 20 of the Colorado Constitution. The parties shall have the right to terminate this Agreement in whole (but not in part) under the provisions of Paragraph 5 of the Agreement. 7. Since the EPFD provides all of the operational responses to fire and rescue incidents in the District during the transition period, and since the District will assume oversight responsibility of the fire department following the transition period, decisions by the Town with regard to operations of the EPFD may significantly impact the District. The Town shall consult with the District and the parties shall mutually agree prior to making any final decision in the following areas: a. Any major matter which would have a substantial budgetary impact on the District such as new communication systems, increase in number of paid personnel of the EPFD, and changes in manpower and equipment; and b. Changes in response patterns which would have a substantial effect upon response within the District; and c. Hiring of any new fire chief; and d. Purchase of new fire engines and rescue vehicles. 8. The parties understand and agree that in the event the parties cannot mutually agree on any of DRAFT - IGA FOR TRANSITION PERIOD - REV 4 DRAFT - IGA FOR TRANSITION PERIOD - REV 4 the above matters, the Town may make the final decision during this transition period and until termination of this agreement. 9. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement, shall be made in writing, and shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage pre-paid, certified mail, return receipt requested as follows: EVFPD Tow n of Estes Park Attention: Board President Attention: Town Ad ministrator TBD P O Box 1200 Estes Park, Colorado 80517 Estes Park, CO 80517 10. Nothing in this Agreement shall be deemed a waiver of the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, et. seq. C.R.S., nor deemed to confer any benefits to any person not a party to this Agreement. 11. This Agreement represents the entire agreement of the parties and any amendment to this Agreement shall be in writing and executed by both parties hereto. The parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throughout the term of the Agreement. This agreement shall be governed by the laws of the State of Colorado. ESTES VALLEY FIRE PROTECTION DISTRICT By: ATTEST: TOWN OF ESTES PARK By: ATTEST: DRAFT - IGA FOR TRANSITION PERIOD - REV 4 A-yoendix C - Ongoing IGA Overview â€¢ For 2011 and subsequent years, IGA automatically renews for an additional one year period â€¢ IGA is effective immediately upon termination of the IGA covering the transition period â€¢ District collects ad valorem taxes on properties in the District to pay a portion of Fire Protection District expenses â€¢ Town makes 2 payments to District for each calendar year to pay a portion of Fire Protection District expenses o first payment, made in January, is for 90% of 7% of expected sales tax rece*ts for the year o second payment, made in February of the subsequent year, for the remainder of the 7% of the actual sales tax receipts collected for the given year â€¢ Town to transfer ownership of the Town-owned physical assets of the Estes Park Fire Department to the District â€¢ Town to lease Dannels fire station to District for nominal fee â€¢ Town to provide dispatch services to the fire department for an appropriate fee â€¢ District shall consult and inform the Town or Town representatives concerning: o Changing needs for fire and rescue services in the District o Changes in the level of response to fire and rescue incidents in the District o Changes and additions of major apparatus o Changes in stationing of major apparatus in the District â€¢ District makes the final decisions on all Fire Department issues â€¢ District will assure and protect the positions of salaried staff of the Estes Park Fire Department except for significant cause, for a minimum of 36 months following the transition period â€¢ District shall repay to the Town all loans under terms of the loan agreements â€¢ District shall honor all pre-existing agreements related to fire and rescue services between the Town and other governmental entities - o District will enter into agreement with Larimer County and the Larimer County Sheriff to replace the IGA dated 17 Sept 2007 covering fire services by the Town and the Estes Park Fire Department DRAFT - IGA FOR CONTINUING OPERATIONS = REV 4 ESTES VALLEY FIRE PROTECTION DISTRICT - TOWN OF ESTES PARK INTERGOVERNMENTALAGREEMENT THIS AGREEMENT, effective this d ay of 2009, is by and between the ESTES VALLEY FIRE PROTECTION DISTRICT, a Colorado Special District, ("District" and "EVFPD") and the TOWN OF ESTES PARK, a Colorado Municipal Corporation, ("Town"). RECITALS: WHEREAS, the District was organized by order of the Larimer County District Court dated , 2009 for the purpose of providing fire protection, fire suppression and rescue services to properties located within the District; and WHEREAS, the boundaries of the District extend beyond the Town in unincorporated Larimer County and include all properties located within the Town having a total area of about 66.3 square miles; and WHEREAS, the parties recognize the value of entering into this Intergovernmental Agreement for the mutual benefit of both parties; and WHEREAS, both parties mutually agree that it is necessary to work together in good faith to provide needed fire protedion, fire suppression and rescue services to properties located within the District consistent with the financial resources of the parties; and WHEREAS, the District has the lawful authority to provide fire suppression, fire prevention and rescue services within the District; and WHEREAS, Section 29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide fundions and services lawfully authodzed to the individual entities; and WHEREAS, the parties mutually agree to share the costs of all operations and other expenses of the Estes Park Fire Department and its successors, and WHEREAS, the parties have determined to enter into this Intergovernmental Agreement for the purpose of providing the terms and conditions for the provision of fire suppression, fire prevention and rescue services by the Estes Park Fire Department and its successors to the District; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties hereto are - authorized to enter into this Intergovernmental Agreement. DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE DISTRICTAND THE TOWN AGREE AS FOLLOWS: The Recitals set forth above are hereby incorporated into the terms and conditions of this Agreement. 1. This Agreement is for the calendar years 2011 and subsequent years subject to the termination and budget provisions of Paragraphs X and Y of this Agreement. This Agreement shall automatically renew for an additional one year period on January 1 of each calendar year unless terminated by either party pursuant to Paragraph 17 of this Agreement. 2. This agreement shall become effective immediately upon the termination of the IGA dated TBD between the District and the Town which specifies the agreements for the transition period until the newly formed District has financial viability. 3. The District shall collect ad valorem taxes on properties within the District, as described in the Service Plan for the Estes Valley Fire Protection District, to pay for a portion of the services described herein. 4. The Town shall make two payments to the District for each calendar year to pay for a portion of the services described herein. The first payment shall be made in January of the given year and the second payment shall be made during February of the subsequent year after the Town has a full accounting of the sales tax received during the given year. 5. For the year 2011 and at the time of termination of the IGA dated TBD covering the transition period, a. the Town shall transfer revenue to the District in the amount of 90% of 7% of the sales tax revenues projected to be collected by the Town during the calendar year 2011, and b. On or before the last business day of February 2012 the Town shall make a final reconciled payment to the District to reflect a total of the two payments equaling 100% of 7% of the sales tax revenues collected by the Town during the calendar year 2011. i. The projected sales tax revenues shall be based on the actual collected sales tax for the previous calendar year and the projected annual growth rate for the current year. 6. For the year 2012 and subsequent years; a. On or before the last business day of January of each year the Town shall transfer revenue to the District in the amount of 90% of 7% of the sales tax revenues projected to be colleded by the Town during the specified calendar year, and DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 b. On or before the last business day of February of the subsequent year the Town shall make a final reconciled payment to the District to refiect a total of the two payments equaling 100% of 7% of the sales tax revenues collected by the Town during the specified calendar year. 7. Revenues received by the District from the Town shall be used only for payment of expenses of the Estes Park Fire Department and its successors and shall not be used for payment of District overhead expenses. 8. The Town shall transfer ownership of the physical assets of the Estes Park Fire Department to the District. 9. The Town shall lease the Dannels Fire Station to the District for a nominal annual amount to be agreed to by both parties during December of each year for the subsequent year. a. The payment shall be made prior to the last business day of January of each year. 10. The Town shall provide dispatching and communications services to the fire department for an appropriate annual amount to be agreed to by the parties during December of each year for the subsequent year. a. The payments shall be made quarterly within the first ten business days of each calendar quarter. 11. The District shall provide oversight management of the fire department to maintain, in general and as a minimum, the current level of response to fire and rescue incidents throughout the District which have been provided by the EPFD and the Estes Park Volunteer Fire Department, at - the time of execution of this Agreement. a. Each party understands the necessity of maintaining continuing consistent and reliable services to the persons and properties of the District. The District shall consult and inform the Town or Town representatives concerning; 4. Changing needs for fire and rescue services throughout the District, and ii. Changes in the level of response to fire and rescue incidents within the District, and iii. Changes and additions of major apparatus, and iv. Changes in stationing of major apparatus within the District. 12. The parties understand and agree that in the event the parties cannot mutually agree on any of the matters of 11 a. above, or other matters pertaining to the business of the District or the operations of the fire department, the District may make the final decision, in its sole discretion. 13. The District shall assure and protect the positions of the salaried staff of the Estes Park Fire Department, except for significant cause, for a minimum of 36 months following transition of the fire department from the Town to the District. DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 14. The District shall repay to the Town all loans under the terms of the loan agreements. 15. The District shall assume all financial responsibility for the fire department, the Firemen's Pension Fund, maintenance and replacement of equipment and apparatus, and all other fire department obligations. 16. The District shall honor all preexisting agreements related to fire and related rescue services between the Town and other governmental entities. a. The district shall enter into an agreement with Larimer County and the Larimer County Sheriff to replace the agreement dated the 17th day of September 2007 between the Town of Estes Park and Larimer County and the Larimer County Sheriff covering fire protection, fire suppression and rescue services by the Town of Estes Park and the EPFD. 17. Either party may terminate this Agreement by written notice to the other party on or before July 1 of each calendar year. Such termination shall be effective on Decem ber 31 of said calendar year. 18. Each party understands and agrees that the sums necessary to continue this Agreement shall be subject to the annual budgetary process of each individual entity. The financial obligations of the parties shall not be deemed to be financial obligations under Article X, Section 20 of the Colorado Constitution. The parties shall have the right to terminate this Agreement in whole (but not in part) under the provisions of Paragraph 17 of the Agreement. 19. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement, shall be made in writing, and shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage pre-paid, certified mail, return receipt requested as follows: EVFPD Town of Estes Park Attention: Board President Attention: Town Ad ministrator TBD P O Box 1200 Estes Park, Colorado 80517 Estes Park, CO 80517 20. Each party understands and agrees that the sums necessary to provide the services and pay the costs of this Agreement shall be subject to the annual budgetary process of each individual entity. The financial obligations of the parties shall not be deemed to be financial obligations under Article X, Section 20 of the Colorado Constitution. The parties shall have the right to terminate this Agreement in whole (but not in part) under the provisions of Paragraph 17 in the sole event that the party's board of directors or governing body fails to appropriate money sufficient for the continued performance of this Agreement. 21. Nothing in this Agreement shall be deemed a waiver of the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, et. seq. C.R.S., nor deemed to confer any benefits to any person not a party to this Agreement. DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 22. This Agreement represents the entire agreement of the parties and any amendment to this Agreement shall be in writing and executed by both parties hereto. The parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throug hout the term of the Agreement. This Agreement shall be governed by the laws of the State of Colorado. ESTES VALLEY FIRE PROTECTION DISTRICT By: - ATTEST: - TOWN OF ESTES PARK By: ATTEST: V DRAFT - IGA FOR CONTINUING OPERATIONS - REV 4 A-yoendix D - Service Plan Overview â€¢ Introduction and overview â€¢ Proposed Fire Protection District will accomplish; â€¢ continued fire and rescue services uniformly and throughout the Estes Valley community â€¢ provide reliable and predictable resources for the fire department â€¢ help to maintain the current ISO ratings and work to improve those ratings â€¢ provide long-range funding for additional apparatus and facilities â€¢ allow all eligible electors within the District to vote for approval of the District, the associated property tax levy, and the members of the Board of Directors District will assume ownership and oversight management of the Fire Department â€¢ Fire Department and Volunteer Department will continue the existing level of operations â€¢ Fire Department will continue to be stationed at the Dannels Fire Station â€¢ District will be funded by a combination of property tax revenues on taxable properties and by payments to the District from the Town General Fund for Fire Department expenses â€¢ Name of District: Estes Valley Fire Protection District â€¢ Services fire suppression, prevention, and protection, and emergency medical, rescue, extraction, Haz-Mat, and dive-rescue services â€¢ Proposed tax levy: 1.95 mills â€¢ No new facilities for the District to be constructed at this time â€¢ District does not anticipate acquisition of new major apparatus in the immediate future â€¢ District encompasses 66.3 square miles, and the Town of Estes Park is wholly within the District â€¢ Population: current estimated year-round population of the District is approximately - 10,000 â€¢ Estimates of assessed valuation: estimates of assessed property values for 2009 and 2010 are approximately $265 M and $269 M, respectively â€¢ Expected District revenue to be received in 2011: - $525,000 â€¢ Estimated initial administrative expenses for 2010: initial indebtedness not to exceed $40,000 â€¢ District will become financially viable in February 2011 after receipt of payment for Fire Department expenses from the Town for 2011 â€¢ District will repay the loans to the Town in accordance with the terms of the specific loan agreements â€¢ Conclusions DRAFT - SERVICE PLAN - REV B SERVICE PLAN FOR THE ESTES VALLEY FIRE PROTECTION DISTRICT 7 OCTOBER, 2008 PREPARED BY: ESTES VALLEY FIRE SERVICES TASK FORCE - DRAFT - SERVICE PLAN - REV B DRAFT - SERVICE PLAN - REV B INTRODUCTION The proposed Estes Valley Fire Protection District (the "District') is located in southwestern Larimer County. Geographically, the District is composed of a portion of unincorporated Larimer County and the Town of Estes Park (the "Town"). Currently, fire and rescue services are being provided to the District by the Estes Park Fire Department (the "Fire Department") and the Estes Park Volunteer Fire Department (the "Volunteer --- Department").The Volunteer Department is an organization of firefighters for the Fire Department. The proposed District is approximately 66 square miles in area and has a population of approximately 10,000. The population of the District significantly increases between May and October of each year by visitors drawn to the natural beauty and recreational opportunities of the Estes Valley and the Rocky Mountain National Park. In 2007 approximately 3 million persons visited Rocky Mountain National Park. This influx of visitors adds - substantially to the need for com petent and comprehensive fire and rescue services in the District. In accordance with Colorado statute (30-1-513.5, C.R.S.), the primary responsibility for fire, emergency and rescue services for the unincorporated portions of the Estes Valley rest with the Larimer County Sheriff's Office. However, the Larimer County Sheriff's Office does not have structural fire fighting capability, nor does it have resources available to provide fire and rescue services to the unincorporated Estes Valley in a timely manner. Historically the Larimer County Sheriffs Office, the Town of Estes Park and the Volunteer Department have had Mutual Aid Agreements giving the Volunteer Department authority to respond to fire and rescue incidents in the unincorporated Estes Valley. More recently these entities have entered into an agreement (IGA dated 17 September 2007) authorizing the Fire Department and the Volunteer Departrnent to respond automatically to fire and rescue incidents within the unincorporated portion of Larimer County in the Estes Valley. This IGA also authorized the Town to recover all expenses incurred for responses beyond the Town boundaries, and it authorized the Town to enter into Service Fee agreements with property owners. The Fire Department, a municipal department of the Town, and the Volunteer Department are funded from a combination of monies provided by the Town, the Service Fee collected by the Town to provide fire and rescue services to the unincorporated Estes Valley, and fund raising activities of the Volunteer Department. In 2005, the Town contributed $420,000 and the Volunteer Department contributed $145,500 from grants and $35,800 through fund raising for operation of the Fire Department and the Volunteer Department. In 2008, to date, the Town has committed $921,000 from the Town General Fund to the Fire Department and the optional Service Fee program has raised an additional $175,000. Given the demands for fire fighting and training, the firefighters of the Volunteer Department should not be expected to continue to perform significant fund raising activities. The requirement for revenues for the Fire Department from the Town's general fund has been increasing significantly in recent years and contributions to the Volunteer Department have been decreasing. DRAFT - SERVICE PLAN - REV B 2 DRAFT - SERVICE PLAN - REV B Also, the Volunteer Department continues to experience substantial growth in the number of responses, and the vehicles and apparatus should be replaced at an accelerated rate due to age and obsolescence in order to conform to Insurance Services Office (ISO) and National Fire Protection Association (NFPA) standards, and administrative costs of the Fire Department continue to rise. The Service Fee was implemented in 2008 to help defray costs for responses beyond the Town boundaries into the unincorporated Estes Valley. Increased development in the Town and the District has led to the Volunteer Department straining to meet the demand for fire and rescue services protection. Dependence on voluntary contributions from residents of the unincorporated Estes Valley does not ensure an equitable allocation of the costs of fire protection among the benefitted properties, nor does it permit long range planning for equipment maintenance and replacement. The increases in firefighter training and in emergency calls is creating risks of delayed response, as well as placing significant hardship on the volunteers and their families, businesses and employers. Recruitment of new volunteer firefighters is becoming more difficult due to the increased demands on members of the Volunteer Depa rtment. Continued-population growth will increase these risks. The property owners in the unincorporated portions of the Estes Valley pay no property taxes for operations of the Fire Department or the Volunteer Department, They can not vote for Trustees of the Town, and the Fire Department is a Town municipal department. For these reasons the property owners and residents of the unincorporated sections of the Estes Valley have no voice concerning the level of fire and rescue services, even though many members of the Volunteer Department reside in the Valley, and they respond to all fire and rescue calls equally. Historically, fire and rescue services in Colorado outside of the major cities (Denver, Colorado Springs, Aurora, Boulder, et al.) are provided by fire protection districts funded by revenues from ad valorem property tax. The unincorporated portions of Larimer County, to be included in the proposed District, are the only -- developed portions of Larimer County not currently funding fire services through ad valorem property taxes or fixed-fee donations. All other developed sections of Larimer County receive their fire services through entities funded by ad valorem property taxes, fixed-fee donations, or a combination of tax supported city and fire district funding such as for Fort Collins and surrounding areas (Poudre Valley Fire Authority), and surrounding of Loveland (Loveland Rural Fire Protection District). Recognizing the need for a more equitable and consistent method of funding the Fire Department, Estes Valley residents, in 2004 and again in 2006, introduced initiatives to establish fire protection districts in the Estes Valley. The eligible voters did not approve either of these initiatives, however the need still exists. In order to continue to provide competent and com prehensive fire and rescue services to the District, additional and reliable revenue sources must be established. It is desirable and advantageous to eliminate the optional Service Fee, to eliminate the need for firefighter participation in fund raising activities, and to establish a method of tax-based funding for the Fire Department and the Volunteer Department that would be shared both by the property owners throughout the Valley and by the Town Government. DRAFT - SERVICE PLAN - REV B 3 DRAFT - SERVICE PLAN - REV B In early 2008, the Town of Estes Park appointed eleven Estes Valley residents to a task force, the Estes Valley Fire Services Task Force. The objective of the task force was to develop a fair and equitable plan for continued funding of the Fire Department so that it could continue to serve all Estes Valley residents equally. After several months of study and consideration of numerous options and citizen input, the task force recommended the establishment of a single, inclusive fire protection district serving the Estes Valley including the town. Further, the recommendation included shared funding through a combination of low ad valorem taxes on all taxable properties in the District and a part of the sales tax revenues collected by the Town. This - plan should be implemented as soon as practical, beginning with submitting to the eligible electors the question of formation of a fire protection distict along with all necessary ad valorem property tax mill levy approvals and election of Directors at a special election in November 2009. The proposed Fire Protection District will accomplish the following: 1. Assure continued fire and rescue services uniformly-and-throughout the Town and the Estes valley, 2. Assure continued fire and rescue services to all residents and visitors without the possibility of property owners or visitors being assessed actual expenses for fire and rescue responses, 3. Provide reliable and predictable resources for the continued operation and growth of the Estes Park Fire Department and the Estes Park Volunteer Fire Department, 4. Help to maintain the current ISO ratings and provide resources necessa ry for possible improvements of those ratings for the properties within the District, 5. Provide long-range funding for additional fire fighting and rescue apparatus and for facilities, and 6. Allow all eligible electors within the District (residents, and registered Colorado voters owning taxable property within the District, and their spouses) to vote for approval of the District, the associated property tax levy, and the members of the Board of Directors who will administer the District. DRAFT - SERVICE PLAN - REV B 4 DRAFT - SERVICE PLAN - REV B DISTRICT OPERATIONAL PLAN OVERVIEW The District will assume ow nership and oversight management of the Fire Department from the Town. The Fire Department and the Volunteer Department will continue the existing level of operations and will continue to be stationed at the Dannels Fire Station which will be leased to the District by the Town. The District will be funded by a combination of property tax revenues on taxable properties in the District, and by payments to the District from the Town General Fund for Fire Department expenses. NAME OF THE DISTRICT The proposed fire protection district will be named the Estes Valley Fire Protection District, herein referred to as the "District". DESCRIPTION OF PROPOSED SERVICES The principal services to be provided by the Fire Department and the Volunteer Department will continue to be fire suppression, prevention, and protection, and emergency medical, rescue, extraction, Haz- Mat, and dive-rescue services within the boundaries of the District. The District will encourage fire mitigation and suppression, defensible zones, and wildfire prevention within the District, and will provide relevant information to property owners within the District. FINANCIAL PLAN The proposed tax levy for the District is 1.95 mills. Attached hereto as "Exhibit A" and incorporated herein, are the first year and second year financial plans for services to be provided by the District. After voter approval and court certification of the District in 2009, the District will not receive ad valorem property tax revenues until during the second quarter of calendar year 2011. The District will be unable to assume financial responsibility for the Fire Department until 2011, approximately 15 to 18 months following voter approval of the District. Therefore, the financial plan shown herein is a two year plan, for 2010 and 2011. FACILITIES TO BE CONSTRUCTED No new facilities for the District will be constructed at this time. Thus no engineering or architectural services or plans are submitted with this service plan. It is contemplated that the District shall, in the future, consider the construction of additional facilities at locations within the District based on service needs and the DRAFT - SERVICE PLAN - REV B 5 DRAFT - SERVICE PLAN - REV B distances from the Dannels Fire Station which is within the Town of Estes Park. Such facilities would be located so as to minimize fire and rescue services response times to outlying properties within the District. MAPANDBOUNDARIES The boundaries of the District encompass a 66.3 square mile area approaching or bounded by Rocky Mountain National Park on the west, Allenspark Fire Protection District on the south, Big Elk Volunteer Fire Department and the Pinewood Springs Fire Protection District on the southeast, United States Government property (Arapaho / Roosevelt National Forest) on the east, Loveland Rural Fire Protection District on the northeast, and the Glen Haven Volunteer Fire Department on the north. The Town of Estes Park covers an area of approximately 6 square miles wholly within the District. A map of the District and the legal description of the District are attached hereto as "Exhibit B" and "Exhibit C," and are incorporated herein by reference. ESTIMATE OF POPULATION The current estimated year round population of the District is approximately 10,000. The population of the Estes Valley, as determined by the U.S. Census in 2000, was 8,889. The population of the Town in 2005, as determined by the Colorado Department of Local Affairs, was 5,720 which was an increase of 307 over the year 2000 population. This population increases significantly during the summer vacation season (May through October) of each year, and with the seasonal influx of property owners visiting their vacation properties. ESTIMATE OF ASSESSED PROPERTY VALUES The estimates of assessed property values for the District for 2008, 2009, and 2010 are approximately $273,000,000, $265,000,000 and $269,000,000, respectively. The first year that property taxes can be collected by the County Assessor for the District will be based on valuations of 2010, payable in 2011. DESCRIPTION OF ESTIMATED COST OF LEGAL SERVICES, ADMINISTRATIVE SERVICES, INITIAL PROPOSED INDEBTEDNESS AND OTHER MAJOR EXPENSES The District contemplates an initial indebtedness of TBD, included in Exhibit A, to provide for organizational expenses, legal services and basic operational and administrative expenses for the District . The intergovernmental agreements between the Town and the District, attached hereto, establish the following financial conditions for startup of the District: DRAFT - SERVICE PLAN - REV B 6 DRAFT - SERVICE PLAN - REV B 1. The Town will loan funds to the District for legal and administrative expenses from the time of court certification of the District, in 2009, until such time as tax revenues are available to the District in 2011. 2. Beginning in 2011 the Town will make payments to the District for support of the Fire Department and the Volunteer Fire Department botaling an amount based on a fixed percentage of sales tax revenues collected by the Town for each calendar year. 3. Beginning with the payments from the Town and the receipt of tax revenues, estimated to substantially begin in the second quarter of 2011, the District will have adequate funds available to meet all obligations for operations of the Fire Department and the Volunteer Department as well as District legal and administrative expenses. 4. The District will repay the loans to the Town in accoTdance with the terms of the specific loan agreements. EQUIPMENT TO BE ACQUIRED The District does not anticipate the acquisition of new fire equipment or other apparatus in the immediate future. In order to meet future fire and rescue service needs throughout the District, it is contemplated that the District shall, in the future acquire fire protection and rescue services equipment and apparatus to be stationed in the District facilities. RELATIONSHIPS WITH ADJACENT DISTRICTS AND DEPARTMENTS It is the intent of the proposed District to provide services to properties throughout the Estes Valley and extending to the adjacent fire protection districts and fire departments. It is also the intent of the District to establish and maintain mutually satisfactory common boundaries with the adjacent districts' and departments. In the event that an adjacent district or department shows interest in changes in the common boundaries or combining of services, the District may enter good faith discussions with that district or department. Because the District has ongoing financial agreements with the Town of Estes Park through an IGA, the Town must be a third party to any such discussions. CONCLUSION The organization of the Estes Valley Fire Protection District should be approved for the following reasons: 1. There is sufficient need for continuing operations of the Fire Department as evidenced by the existence of the Estes Park Fire Department for over 101 years. The growing population of DRAFT - SERVICE PLAN - REV B 7 DRAFT - SERVICE PLAN - REV B approximately 10,000 and the continuing commercial and residential growth demonstrates a continuing and growing need for services. 2. Continuation of dependence on the Town as the primary and dominantsource of revenues for fire and rescue services throughout the Estes Valley is placing an increasingly troublesome burden on the Town's resources. The existing fire and rescue services must have a potentially growing and more consistent source of revenues that is based on resources of all of the Estes Valley. Without the formation ofthe District, available funding in the future will become insufficient to assure the continuation of the level of protections and services now provided. 3. With a more fair and equitable combination of revenue sources, the Fire Department and the Volunteer department will be better situated to serve the future requirements of the District. The current and projected assessed valuations of the properties within the District are su fficient and the sales tax receipts of the Town are sufficient that together, even with expected regressions in 2009, the modest tax levy and a small portion of the sales tax revenues in combination will be sufficient to meet the continuing revenue needs of the Fire Department. Additionally the District will have sufficient funds from property taxes to repay, within a few years, the loans for initial operations. 5. The proposed mill levy is the lowest for fire protection and rescue services in Larimer County. EXHIBITS AND ATTACHMENTS EXHIBIT A Financial Plan EXHIBIT B Map of the Proposed District EXHIBIT C Legal Description of the Boundaries of the Proposed District EXHIBIT D Intergovernmental Agreement for the Transition Period between the Town of Estes - Park and the Estes Valley Fire Protection District EXHIBIT E Intergovernmental Agreement for Continuing Operations between the Town of Estes Park and the Estes Valley Fire Protection District EXHIBIT F Intergovernmental Agreement between Larimer County and the Estes Valley Fire Protection District DRAFT - SERVICE PLAN - REV B 8 DRAFT - SERVICE PLAN - REV B EXHIBIT A FINANCIAL PLAN YEAR 2010 ESTIMATED BUDGET FOR ESTES VALLEY FIRE PROTECTION DISTRICT TABLE A-1, 2010 DISTRICT REVENUE item revenue general property taxes $0 specific ownership taxes $0 Town of Estes Park contribution to fire $0 depAA:mant interest $0 miscellaneous income $0 borrowed funds $40,000 total revenues $40,000 TABLE A-2, 2010 DISTRICT EXPENDITURES item expenditures Fire Department expenditures for full year $0 Fire Protection District overhead & internal $30,830 -- operations (see detailed budget) District contingencies & reserves * $9,170 County Assessor property tax collection fee, $0 2% (charged in 2010 for 2009 taxes) total expenditures $40,000 * Reserves will be necessary for funding of essential expenses in January and February of 2011 prior to the District becoming financially viable. DRAFT - SERVICE PLAN - REV B 9 DRAFT - SERVICE PLAN - REV B YEAR 2010 TABLE A-3, DISTRICT OVERHEAD AND INTERNAL OPERATIONS EXPENSES item expenses personnel; directors & staff $5,580 special district membership fees $1,700 legal fees $5,000 insurance $5,000 accounting & audits $5,000 office supplies $500 fire education materials $0 office rental & utilities $0 postage & printing $300 bank & miscellaneous fees $250 first year office equipment & startup expenses $7,500 overhead contingencies $0 payment on loans, with interest $0 total expenses $30,830 DRAFT - SERVICE PLAN - REV B 10 DRAFT - SERVICE PLAN - REV B YEAR 2011 ESTIMATED BUDG ET FOR ESTES VALLEY FIRE PROTECTION DISTRICT TABLE A-4, 2011 DISTRICT REVENUE item revenue general property taxes $525,200 specific ownership taxes $0 Town of Estes Park contribution to fire $549,700 department interest $0 miscellaneous income $0 borrowed funds $0 total revenues $1,074,900 TABLE A-5, 2011 DISTRICT EXPENDITURES item expenditures Fire Department expenditures for full year $911,800 (see detail budget; page 12) Fire Protection District overhead & internal $69,500 operations (see detailed budget; page 13) - District contingencies & reserves $83,100 County Assessor property tax colledion fee, $10,500 2% (charged in 2011 for 2010 taxes) total expenditures $1,074,900 DRAFT - SERVICE PLAN - REV B 11 DRAFT - SERVICE PLAN - REV B YEAR 2011 TABLE A-6, DISTRICT OVERHEAD AND INTERNAL OPERATIONS EXPENDITURES item expenditures personnel; directors & staff $9,240 special district membership fees $1,700 legal fees $15,000 insurance $10,000 accounting & audits $7,500 office supplies $800 fire education materials $1,500 office rental & utilities $0 postage & printing $2,500 bank & miscellaneous fees $250 overhead contingencies $7,010 payment on loans, with interest $14,000 total expenditures $69,500 DRAFT - SERVICE PLAN - REV B 12 DRAFT - SERVICE PLAN - REV B YEAR 2011 TABLE A-7, FIRE DEPARTMENT OPERATIONS EXPENDITURES item expenditures personnel; salaried staff $293,000 personnel; part-time staff $71,000 incentives for volunteer firefighters $42,000 operations & maintenance $190,000 capital equipment & capital reserves $166,900 firefighter's pension $97,100 department / firefighter equipment'funds $51,799 lease of Dannels Fire Station $1 total expenditures $911,800 EXHIBIT B MAP OF THE PROPOSED DISTRICT The map in the figure on the next page shows the boundaries of the District as a red line following the perimeter of the District and it shows major roads and highways in the District. It also shows the survey sections listed in the legal description. Lands within the Rocky Mountain National Park are shown lightly colored. DRAFT - SERVICE PLAN - REV B 13 DRAFT - SERVICE PLAN - REV B 1 - P 8 0 â€¢r> m rv n !111 8 0 - f.> 8 8 f 2 0 . N m O 0 O N 6 g 0 ri'~: C 40 - ~ 1. L 3, p . . 0 8 8 91 10 1 8 2 0 S 03 X 8 8 e 9 0 2 3 0 0 g 7 39 91= le O 0 8 12 1% 8 0 0 0 Cy R 003 a Ala 5 9 69 - m 3 O . 2 9-8 0 e 8 8 t- 2 2 8 0 0 C e C $ 0 0 O CO CD DRAFT - SERVICE PLAN - REV B 14 003 005 005 Ani i 003 002 011 013 08 017 015 014 013 007 012 007 008 Gco 800 ZOO kn Â£tn 9/0 021 A D 1 020 610 920 1â‚¬0 (Co tÂ£0 10!49!(] uolloeloid 83!3 kelleA seis3 pesodoid ,+ 030 029 DRAFT - SERVICE PLAN - REV B EXHIBIT C LEGAL DESCRIPTION OF THE BOUNDARIES OF THE PROPOSED DISTRICT The proposed District includes all of the properties located within Larimer County, Colorado and bounded as described below: Beginning at the Northwest corner of the Southeast quarter-quarter section of Section 6, Township 5 North, Range 72 West of the 6th P.M., thence East to the Northeast corner of the second quarter-quarter section of Section 4, Township 5 North, Range 72 West, thence North to the Northwest corner of the Southeast quarter section of said Section 4, thence East along the Center section line to the Northeast corner of the Southeast quarter section, Section 1, Township 5 North, Range 72 West, thence South along the East section line, Range 72 West to the- Southeast corner of Section 36, Township 5 North, Range 72 West, thence East along the North section line to the Northeast corner of Section 1, Township 4 North, Range 72 West, thence South along the East section line, Range 7;West, to the Southeast corner of Section 13, Township 4 North, Range 7~West, thence West along the South section lines to the Southwest corner of Section 13, Township 4 North, Range/z West, thence North along the West section line of said section to the Southeast Corner of Section 11, Township 4 North, Range 7~West, thence wes~along the South section line of said Section 11 and Section 10, Township 4 North, Range 7/ West, to the East Boundary of Rocky Mountain National Park; thence along the East boundary of Rocky Mountain National Park to the point of beginning. EXHIBIT D INTERGOVERNMENTAL AGREEMENT FOR THE TRANSITION PERIOD BETWEEN THE TOWN - OF ESTES PARK AND THE ESTES VALLEY FIRE PROTECTION DISTRICT (See attachment) EXHIBIT E INTERGOVERNMENTAL AGREEMENT FOR CONTINUING OPERATIONS BETWEEN THE TOWN OF ESTES PARK AND THE ESTES VALLEY FIRE PROTECTION DISTRICT (See Attachment) EXHIBIT F INTERGOVERNMENTAL AGREEMENT BETWEEN LARIMER COUNTY AND THE ESTES VALLEY FIRE PROTECTION DISTRICT (Draft not available) DRAFT - SERVICE PLAN - REV B 15