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Home My WebLink AboutPACKET Town Board 2010-03-09Prepared 3/1/10 FILE ~Revised 3/4/10 - -1,10 - - TOWN OF ESTES PARIÂ© The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 9,2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance) PROCLAMATION - GIRL SCOUT. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 23, 2010 and Town Board Study Session Minutes dated February 23, 2010. 2. Bills. 3. Committee Minutes: A. Public Safety, February 18, 2010. 1. Intergovernmental Agreement with Larimer Emergency Telephone Authority for Pictometry Imaging System. 4. Bureau of Reclamation Special Use Permit for Prospect Mountain Communication Building and Tower. 2. REPORTS AND DISCUSSION ITEMS: 1. COLORADO EDUCATION FUNDING AND EFFECTS ON PARK R-3 DISTRICT. Superintendent Chapman. 2. FINAL SALES TAX REPORT FOR 2009. Finance Officer McFarland. 3. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 4 3. ACTION ITEMS: 1. ORDINANCE #08-10 LEASE AGREEMENT WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR A PORTION OF STANLEY PARK FAIRGROUNDS. Attorney White. * 2. PARK THEATER MALL FEE WAIVER. Administrator Halburnt. (Item Removed). 3. 2010 SHUTTLE SCHEDULE. Deputy Town Administrator Lowell Richardson. 4. ORDINANCE # 09-10 EXTENSION OF TEMPORARY WIND TURBINE MORATORIUM. Attorney White. 5. ORDINANCE # 10- 10 AMENDING AND RESTATING TITLE 2 PERTAINING TO ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 (1) PERTAINING TO FALSE REPORTING TO AUTHORITIES. Attorney White. 6. ADJOURN. NOTE The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Jackie Williamson From: Admin iR3045 Sent: Thursday, March 04, 2010 3:59 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2450 ST. TIME 03/04 15:51 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 March 9, 2010 ESTES PARK LOCAL MARKETING DISTRICT POSITION STATEMENT To Mayor Pinkham and the Estes Park Board of Trustees: The Estes Park Local Marketing Distrid supports and intends to be actively involved with EAU\ in the promotion of the free Shopper Shuttle provided by the Town of Estes Park. The LMD supports the recommendation being presented by Deputy town Administrator, Lowell Richardson. The LMD also wishes to encourage the Town Staff and Trustees to be open to review and consideration of extending shuttle services on weekends in September. This, of course, would be based on ridership numbers during the summer months increasing enough to support the concept. Respectfu||VE 440 Cory Blackman Vice Chair Estes Park Local Marketing District Prepared 3/1/10 Revised fii] TOWN oF ESTES PARIÂ© The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 9, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION - GIRL SCOUT. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 23, 2010 and Town Board Study Session Minutes dated February 23, 2010. 2. Bills. 3. Committee Minutes: A. Public Safety, February 18, 2010. 1. Intergovernmental Agreement with Larimer Emergency Telephone Authority for Pictometry Imaging System. 4. Bureau of Reclamation Special Use Permit for Prospect Mountain Communication Building and Tower. 2. REPORTS AND DISCUSSION ITEMS: 1. COLORADO EDUCATION FUNDING AND EFFECTS ON PARK R-3 DISTRICT. Superintendent Chapman. 2. FINAL SALES TAX REPORT FOR 2009. Finance Officer McFarland. 3. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 3. ACTION ITEMS: 1. ORDINANCE #08-10 LEASE AGREEMENT WITH THE ESTES VALLEY PARKS AND RECREATION DISTRICT FOR A PORTION OF STANLEY PARK FAIRGROUNDS. Attorney White. 2. PARK THEATER MALL FEE WAIVER. Administrator Halburnt. 3. 2010 SHUTTLE SCHEDULE. Deputy Town Administrator Lowell Richardson. 4. ORDINANCE # 09-10 EXTENSION OF TEMPORARY WIND TURBINE MORATORIUM. Attorney White. 5. ORDINANCE # 10- 10 AMENDING AND RESTATING TITLE 2 PERTAINING TO ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 (1) PERTAINING TO FALSE REPORTING TO AUTHORITIES. Attorney White. 6. ADJOURN. NOTE: The Town Board reserves the right to consider; other appropriate items not available at the time the agenda was prepared. Jackie Williamson From: Admin iR3045 Sent: Wednesday, March 03, 2010 4:51 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2444 ST. TIME 03/03 16:39 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 Town of Estes Park, Larimer County, Colorado, February 23, 2010 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 23rd day of February, 2010. Meeting called to order by Mayor Pinkham. Present: Mayor William C. Pinkham Mayor Pro Tem Chuck Levine Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller , 1 1 1 1 Also Present: Jacquie Halburnt, Town Administratdr Lowell Richardson, Deputy ToWn Administrator Greg White, Town Attorney Â» Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00p.m. and all desiring to do so, recited the Pledge of Allegiance. # 1 1 PROCLAMATION - CENSUS 2010. Mayor Pinkham read a Proclamation for the 2010Â®Census taking place across the nation during the months bf March and April. PUBLIC COMMENT. Lynette Lott/President of EAU\ requested the Town review the 2010 shuttle hours of operation proposed to run during the peak season from 10:00 a.m. to 7:00 p.m. EAU\ suggested the shuttle run through 9:00 p.m. Cory.Blackman/LMD Board member and Mgr. of Best Western Silver Saddle concurred with Ms. Lott's comments. David Habecker/Town citizen stated he had completed and returned his Candidate Nomination form for Trustee in the upcoming Municipal Election on April 6, 2010. He read a brief statement regarding his protest over the 'under God' pledge. He commented he would not mention the pledge during the election in order to keep the focus on the vital Town issues. Bill Van Horn/Town citizen questioned if the formation of a new URA was contemplated could the Town seek legal action under the current lawsuit, and could the Town repeal the Initiated Ordinance to abolish EPURA and require a vote for the formation of a new URA in the future. Town Attorney White stated a future vote would not fall under the current lawsuit; however, the question remains whether or not it is a legal action under the state statutes. The Town Board could repeal the Ordinance but could not reinstated EPURA. Joshua Timberlake/County citizen questioned the use of security cameras in Town buildings and the purpose for the cameras. TOWN BOARD COMMENTS. Mayor Pro Tem Levine reminded the public that applications for the Pride Awards would be available March 1, 2010 for Volunteer of the Year, Teacher of the Year, Business Board of Trustees - February 23, 2010- Page 2 Person of the Year and EPHS scholarship. Awards would be handed out during the volunteer luncheon on April 23, 2010. Mayor Pinkham stated Trustee nomination petitions are available in the Clerk's office and are due by close of business on March 5, 2010. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 9, 2010 and Joint Town Board, Estes Valley Planning Commission and Estes Park Housing Adthority Meeting Minutes dated February 9, 2010. 2. Bills. 3. Committee Minutes: A. Community Development, February 4, 2010. 1. 2010 ROAD CLOSURES: Car Shows (100 Block of MacGregor Ave. and Pa~rk Lane) Coolest Car Show - July 4â€ž2010 Parade of Years- May 165 2010 Parades And Halloween (ElkRorn Ave.) Rooftop Rodeo 3 July 6, 2010'.N Scottish Highland Festival - September 11, 2010 Catch the Glow 2 Noveniber 26, 2010 Halloween - Octobef 31, 2010 Faimround Events (Partial Closure of Manford Ave.) Estes Park Wool Market - June 11-13, 2010 yRooftop Rodeo 1- July 6- 1152010 Bond Park Events (100. Block of MacGregor Ave.) ,- ' - . Estes PArk Marathon - June 12, 2010 .'-- . Auto Extrdvaganza-August 14,2010 Estes Park.Heritage Festival - August 21-22, 2010 Estes Park Elk'Fest - October 2-3, 2010 B.i Utilities Committee, February 11, 2010. 4. Estes Valley Planning Commission Minutes January 19, 2010 - (acknowleddement only). - - --- 5. Estes Valley Board of Adjustment Minutes December 1, 2009 (acknowledgement only). 6. Estes Park Urban Renewal Authority Minutes January 20, 2010 (acknowledgement only). 7. Improvements to 18-Hole Golf Course by Estes Valley Recreation and Park District. It was moved and seconded (Levine/Miller) to approve the consent agenda, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. 2009 FINAL SALES TAX REPORT. Board of Trustees - February 23, 2010- Page 3 Town Administrator Halbumt briefly reviewed the report prepared by Finance Officer McFarland stating the 2009 sales tax was $6.85 million, which was 0.7% less than the 2009 revised budget and 5.5% less than the original budget. The four 2009 quarters trailed the 2008 quarters, and therefore, this qualifies as a recession. Compared to other mountain communities Estes Park has not seen the double digit decrease in sales tax; however, the sales tax has decreased during the last two years at a rate of 5%. The Board request Finance Officer McFarland present the entire report at the next Board meeting. 2. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson briefly reviewed the project stating the foundation work is nearing completion, shop drawing completed, metal components for the building to be delivered by the end of the week and construction of the metal building beginning the first week in March. Weekly meetings are held to review the project schedule andichange orders. The contractor has ensured staff the project will be completed by June 14, 2010, which is two week later than the original schedule: N 3. 2010 SHUTTLE SCHEDULE. Deputy Town Administrator Richardson reviewed the 2010 shuttle bus hours of operation: Shopper Shuttles 10:00 a.m. to 7:00 p.m. and Campground Shuttle 10:00 a.m. to 8:00 p.m. The Shopper Shuttle routes have been reduced by one hour per day to reduce the cost of the shuttle system in 2010 and maintain an flat budget. Staff has reviewed the hours of operation and ridership numbers in an effort to optimize service. The low ridership numbers for the Shopper routes after 7:00*RE do not support*maintaining the serve until 8:00 p.m. The transportation bOdget>ould need tok increase by approximately $8,000 to add an additional hobr of operation per bOs. Board discussion is summarize*el:Â«suggested onitone bus run for an additional hour; the hours of oberhtion nded to be confirmed in order to move forward with printing maps anditrbining Ambassadors; encouraged staff to meet with EALA and the LMD,Â·to/giscuss hours of operation and potential funding sources; and the business- community needs to promote shuttle use and develop a consistent set of hours of operation. 4. TOWN ADMINISTRATOR REPORT. .â€¢ CDOT anticipates the replacement of the second bridge on Hwy 34 and the closure of the road frdm'March 1 St through March 12th. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. Wind Turbine Amendment to the Estes Valley Development Code - Second Reading/Public Hearing. Mayor Pinkham reopened the public hearing for Ordinances #06-10 & #07-10. Planner Shirk reviewed the amendments recommended by the Estes Valley Planning Commission pertaining to Small Wind Energy Conversion Systems (small wind turbines) and micro wind turbines. The two systems have been separated at the request of the Town Board during the first reading. Micro Wind Discussion The Board questioned the need to clarify the sign limitation under Lighting Prohibited, identify ground clearance, identify when a building permits would be needed, identify blade speed if applicable, questioned height limit for micro units, and the minimum swept area should be increased to 20 square feet with a cummulative total of 60 square feet. Board of Trustees - February 23, 2010- Page 4 Small Wind Discussion Board questioned the need for a setback of 5 times the height which is exclusionary for some lots in the valley; the need for a special review process to involve the neighbors; and the proposed code language would ban the use for most lots in the valley. Public Comment Those speaking against the proposed regulations included Shari Kleist for Bob Rising/County citizen, Paul Brown/Town citizen and Bob Clements/Town citizen. Adequate research has not been conducted or considered as it relates to wind turbines. The winds in Estes Park are not suitable for the optimum use of small wind turbiAes. The wind energy produced by PRPA is not efficient and therefpre, h6me generators are just as efficient and should be allowed. Micro winds should be increased to 20 square feet of swept area with a maximufn,of 60-square feet. A building permit should only be required for micro'tutbines that.are a certain height off the ground because some units-@re>small and do Aot require a tower. Some units could be located clo~616 the ground and' mhy need to have proper protection placed arourid,them for both people and*wildlife. The code should include graduatdd, steps that correspond to the>size of the wind turbine. 144:. David Habecker/Town ditizen spoke to'*ncerns related to noise and visual intrusion of wind turbinâ‚¬units. \ 4 Renee Hodgden/Town citizen spoke -in-favor of wind turbines and cautionegÂ·the 86ard to use research piopelf MayofPihkham clos&d the public hearing. It was moved and seconded (Homeier/Miller) to ,remand Alibro wind turbine amendments to the Estes Valley Planning' Commission to address concerns related to ground dle#ance, building.pormit requirements and safety features, and to have a new draft presented to the Town Board at the March 23,2010+neetingt and it passed with Trustee Ericson voting "No". It was moved andlseconded (Miller/Levine) to remand small wind turbine amendments to the Estes Valley Planning Commission to develop an appropriate review process and criteria, and it pass@d with Trubtees Blackhurst and Ericson voting "No" Administrator Halburnt stated an extension of the wind turbine moratorium would be considered at the March 9, 2010 meeting. 4. ACTION ITEMS: 1. ROOFTOP RODEO FEE STRUCTURE. Mgr. Winslow reviewed the new rodeo ticket fee structure reviewed by Community Development at their February 4, 2010 meeting. General admission tickets would increase from $15 to $17; children 3-11 would remain $5; new fees structure for Military and Seniors over 60 of $15 and active Military of $10 with a $7 subsidy from the Town to the Rodeo Committee; Local tickets would remain $15 and Groups of 5 or more would remain $16; and box ticket would increase from $20 to $25. After further discussion, it was moved and seconded (Eisenlauer/Ericson) to approve the Rooftop Rodeo Fee Schedule with staff identifying the zip codes for the local discount, and it passed unanimously. Board of Trustees - February 23, 2010- Page 5 2. FOREVER RESORTS SERVICE AGREEMENTS. Marketing Mgr. Pickering presented the Holiday Inn's 2010 proposed food and beverage cost and 2010 Conference Center proposed room rental rates. A Food and Beverage Agreement and a Service Agreement for the property were approved by the Board in 2008. The terms of the Agreement require the Town to provide written approval of the yearly rates by March 1 St of each year. It was moved and seconded (Eisenlauer/Ericson) to approve the 2010 Food and Beverage costs for the Holiday Inn, and it passed unanimously. It was moved and seconded (Miller/Ericson) to approve the 2010 Conference Center and Room Rental rates for the Holiday Inn, and it passed unanimously. Chris Cook/ Holiday Inn General Manager stated the Holiday Inn franchise has diminishing value. Forever Resorts has begun discussion on cutting ties with the Holiday Inn. This is the only hotel owned by Forever Resorts with a franchise. The franchise fees could be used to improve the hotel. The current goal is to open as an independent operator by spring of 2011. The proposed change would not affect the operating agreement with the Town; however, it would allow the hotel more freedomln operation. > 3. PROSPECT AVENUE BYPASS RECONSTRUCTION BID. Director Zurn stated the item whs reviewed by the Public Works Committee on January 28, 2010 for approval to move forward with the bid process. The project would reconstruct 2300 feet of Prospect from Stanley Avenue on the east and end at: Ouray Drive on the west. The Water Department would improve and expand tfie,distribution system by installing an 8" water main loop from Stanley Avenue to Driftwood Avenue. Bid packages were received from 12 local and Front Range contractors. LaFarge North America provided a low bid of $542,642.51 for aiphaltand a bid for concrete pavement construction of $640,031.71,- an increase.cost~ot 16% and a doubling of the roadways life spah. --Both bids are'below the"2010 budget. It was moved and seconded fEricson/Blackhurst) to contract with LaFarge North America for the reconstruction of a portion of Prospect Avenue with concrete and a 10% contingency at a cost of $704,031.17 budgeted from account #101-3100- 431-35-51 and new water main at a cost of $31,761.75 budgeted from account #503-7000-580-35-54, and it passed unanimously. 4. UPGRADE BEAVER POINT & PEAKVIEW CIRCUIT CONSTRUCTION BID. Director Goehring stated in June of 2009 the Light and Power Department was authorized to proceed with the engineering and design of the distribution system to be funded by the Light and Power bond revenues. Three areas have been identified as priority including the Beaver Point Circuit, the Peakview Circuit and the Fish Creek Circuit. Design has been completed for the Beaver Point and Peakview Circuits. Bids were sent in January 2010, and low bids were received from Selcon Utility for Beaver Point of $101,914.96 and Hamlin Electric Company for Peakview of $235,392.38. Both cost estimates would require material costs of $73,866.27 and $267,462.35 respectively for a total estimated cost of $678,635.96. The cost savings with the two distribution improvement would leave enough money to complete the Fish Creek Circuit later this year with the remaining bond money. It was moved and seconded (Miller/Blackhurst) to award the low bid to Selcon Utility for the Beaver Point Circuit upgrade at a cost of $101,914.96 and Hamlin Electric Company for the Peakview Circuit upgrade at a cost of $235,392.38 from account #502-7001-580-33-30, and it passed unanimously. Board of Trustees - February 23, 2010- Page 6 5. GRANDSTAND MISCELLANEOUS FEES. No further action needed from the Town Board. 6. CODE OF CONDUCT. Trustees Blackhurst and Miller presented the one page Code of Conduct for the Estes Park Board of Trustees. The initial document brought forward by the Mayor in June of 2009 would be used as a training document for newly elected officials. The proposed document id; a quick reference to summarizes the behaviors of Town elected and appointed officials in the performance of their official duties and interaction with the public and Town Administration. It was moved and seconded (BlackhursULevine) to approve the Code of Conduct with 1) reordering of bullets 1 and 2 under Leadership and 2) additional bullet under Leadership - "Trustees vote as individuals, but govern as a group", and it passed unanimously. Trustee Homeier suggested Mayor Pinkham read the Code at the beginning of the next m&eting Whereupon Mayor Pinkham adjourned the meeting at+10:23 D.n~? N:/ 1 1 William C. Pinkham, Mayor 1 \ 1 4 V /1% 14 Jackie Williamson, Town Clerk 'Â·. . 11- .r-#I.\ 1 $. . .1... 5.- . . 1 1.4 , I \ N... \: 1 , %9 :I 3 1 19 \ A // .O\J f RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 23, 2010 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202 & 203 in said Town of Estes Park on the 23rd day of February. Board: Mayor Pinkham, Trustees Blackhurst, Eisenlauer, Ericson, Levine, Homeier and Miller Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White, Directors Kilsdonk and Zurn, Manager Winslow, Town Clerk Williamson Absent None Mayor Pinkham called the meeting to order at 5.35 p.m/ 1 GRANDSTAND MISCELLANEOUS FEES. Deputy Town Administrator Richardson reviewed three of the miscellaneous items including folding chairs for the box seats, a new sound system and landscaping. The approximately 400 bariatric chairs are estimated at a cost of $75/chair..The Special Event Department has been working with Ward~Durrett, alocal contractor, on the new sound system to insure proper integration with. the' pxisting systems throughout the property. Mr. Durrett was also chosen to provide *the sound system because he would be available on short notice to repair th@ sound system when needed, unlike a valley contractor with a minimum of a two hour call back. Landscaping for the project could be delayed for the phased project as long as the Stanley Fairground Master Plan is in place. XI / Board comments are summarized: questioned if the miscellaneous items should be purchased from a capital account; landscaping should be completed with the project; concerned with the sole sourcing of the sound system; the three items should be delayed to pay for project over runs. Manager Winslow stated all sound for the property has in the past and would in the future be routed through the grandstand sound system, therefore, it is necessary to replace the sound system with the new structure. OPEN DISCUSSION. Code of Conducf The Board reviewed the proposed Code of Conduct prepared by Trustees Blackhurst and Miller. Sugg@sted changes included adding Town Ordinances to the first paragraph, under Leadership adding an additional bullet stating "Trustees vote as individuals but govern as a group" and reorder bullets one and two under Leadership. It was also suggested the Code be placed at the front of each Trustee notebook and to use the Mayor's first draft as a training tool for newly elected officials during orientation. Grandstand Architectural Fees Trustee Ericson stated EPURA contracted for $61,000 in architectural fees prior to the approval of the grandstand construction contract. These costs should not be added to the final cost of the project. Deputy Town Administrator Richardson stated the base bid for architectural fees was $74,000 and to date the billables are $191,000 with $17,000 added from the Ad Hoc Design Committee. Discussions with the architect have been held to try and understand the costs. At this time the architect has agreed to complete the concession stand design pro bono. SOPA RECORD OF PROCEEDINGS Town Board Study Session - February 23, 2010 - Page 2 I Mayor Pinkham and Trustee Eisenlauer met with Chris Wood/SOPA member to discuss a final fundraising date for the construction of the Performing Art Theater to be built on Town property at the corner of Manford Ave. and Community Dr. The Town through an Agreement with SOPA has allocated funds for the site work for the property once SOPA raised the necessary funds to construct the building. The Board would like to determine if the funds being set aside could be used for an upcoming project. The FOSH Agreement states the Town must decide by May 14, 2011 if an art facility can be built, and if not, distribute the funds to local non-profits by 2014. The Board agreed that the SOPA Board should provide an update during an upcoming Study Session on the current financial state. Trustee Miller requested a history of the Town's commitment to the project. Health Insurance Administrator Halburnt stated the Town should look at self insurance in the future. The loss incurred last year could not have been covered by the Town's medical fund. /\4 There being no further business, Mayor Pinkham adjourned the~neeting at 6:47 p.m. 1\ 7 ..1 , Jackie Williamson, Town Clerk \ 1 .7 - -i i .: 2 // 9 4 * I J h \ \ 6.\ \.\ \\ 3 4 .1 5 - \01 k RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 18, 2010 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 18th day of February, 2010. Committee: Chair Eisenlauer, Trustees Homeier and Ericson Attending: All Also Attending: Town Administrator Halburnt, Chief Kufeld, and Recording Secretary Petrie Absent: Deputy Town Administrator Richardson Chair Eisenlauer called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. POLICE DEPARTMENT \./ Intergovernmental Agreement with Larimer Emergency Telephone Authority The Larimer Emergency Telephone Authority CLETA) * provides the Estes Park Police Department access to their pictometry imaging system, which utilizes aerial photography of structures and proberty throughout the Estes Valley. Emergency responders can access the database of photographs of specific locations prior to their arrival on scene, cutting - doÂ¤n response tirnes and improving the safety of the responders. Any upgradesddgthe pictometry software are the responsibility of participating agency; however, ithere are no projections for future budgetary expenses regarding the use of the pictometry imaging system as LETA has not provided any cost for the software. The Committee requepted any budgetary expenses regarding potential software upgrades bdÂ« rebbrted ~â€žwhen-they become available. The Committee recommends approval of the IGA b6tween the Police Department and LETA to provide access tothe pictdmetry imaging system to be included on the March 9, 2010 Town Board Consent Agenda. REPORTS EPPD 4~h Quarter Statistics and End of Year Sergeant Kenney provided the 4th quarter report and end-of-year Police Department statistics. The Conimittee recommended Sgt. Kenney break out the statistics into percentages for future reports and report if there were any specific large-scale incidents that affected those numbers. 800 MHz Update On March 2nd the Police Department will complete the final migration to the 800 MHz system. All components have been installed and Platte River Power Authority has established the hardwire connection that was required. The migration will take place at 2:00 am on March 2nd and the system will be down for approximately 30 to 45 minutes. The backup system will be utilized for emergency calls during that time. There being no further business, Chair Eisenlauer adjourned the meeting at 8:30 a.m. Sandra Petrie, Recording Secretary TOWN or- ESTES I?Alilt PubliEWorKs 2 Fleet %73 Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Dave Mahany, Public Works Superintendent Date: March 3, 2010 RE: Bureau of Reclamation Special Use Permit for Prospect Mountain Communication Building and Tower. Background: The Town of Estes Park has had a Special Use Permit with the Bureau of Reclamation for use of the Bureau building and tower on Prospect Mountain for many years. Several Radio Base Stations along with some of the data communication equipment are located in this building. The Permit is issued by the Bureau for a ten (10) year period, it is now time to renew this permit. This permit between the Town of Estes Park and the Bureau is at no cost to the Town. Budget: N/A Staff Recommendation: Staff recommends approval of the Special Use Permit between the Bureau of Reclamation and the Town of Estes Park, having the Honorable Mayor Pinkham signing the permit to complete the process. Sample Motion: I move to approve/deny the renewal of the Special Use Permit between the Bureau of Reclamation and the Town of Estes Park, authorizing the Mayor to sign the permit. Page 1 GP-76 (Revised 4-07) 10-LM-60-0300 Â· UNITED STATES Bureau o f Reclamation Contract Number: DEPARTMENT OF THE INTERIOR A BUREAU OF RECLAMATION Exhibits Attached: GREAT PLAINS REGION (Place Contract No. on all Exhibits) Term: (Not to Exceed 50 Years) From: January 1,2010 To: December 31, 2020 Permit Fee: $ Waived per 43CFR429.26 Successive Fee: $ -O- Permitee: Town of Estes Park Box 1200 Estes Park, CO 80517 Purpose: (Specify use requested: what, quantities, dimension, etc.) The Town of Estes Park has requested a Special Use Permit (SUP) to authorize the continued use of a Bureau of Reclamation (Reclamation) communicati6n building and communication tower. Reclamation's communication building and tower is located on Prospect Mountain- The Town's equipment consists of a two-way radio system for their Police Department communication, wireless computer connectivity for Police patrol vehicles, and the Light and Power Utilities Department two-way radio communications. Description of Premises: (Specify legal descriptions of land and major features such as reservoir, canal, etc.) The permit area is located on Prospect Mountain, Estes Park, Colorado in Township 5 North, Range 73 West, 6th Principal Meridian, Section 36: NE1/4SW1/4NE1/4, Larimer County, Colorado. Special Conditions: 1. This permit authorizes only the Town of Estes the use of Reclamation's communication building and tower. 2. The Town of Estes is responsible for coordinating access to and from Reclamation's communication building with the underlying landowner. 3. The Town or Estes will exercise all reasonable precaution to avoid injury to the land and other property on this site. 4. No real property interests are conveyed to any party by issuance of this Special Use Permit. 5. If Reclamation determines that equipment at the communication building site is interfering with operation of Reclamation equipment, Reclamation may terminate this permit. If Reclamation determines there is interference, Reclamation will notify the Town of Estes and request the problem is corrected. The Town of Estes will immediately tum off their equipment and fix the problem prior to turning the equipment on again. 6. If Reclamation determines that the space utilized by the Town of Estes on Reclamation's communication site is necessary for Reclamation equipment, Reclamation may terminate this permit and ask the Town of Estes to remove its equipment. If such a determination is made, Reclamation will give the Town of Estes written notice and a reasonable period of time to remove Its equipment. 7. The Town of Estes is responsible for obtaining any federal, state or county permit, including FCC licenses, which may be required for any equipment installed on Reclamation's communication building or tower. The Permittee hereby accepts this permit subject to the terms, covenants, obligations and reservations, expressed or implied herein. Sign name or names as written in body of permit; for co-partnership, permittees should sign as "members of firm;" for corporation, the officer authorized to execute contracts, etc., should sign, with title the sufficiency of such signatures being attested by the Secretary, with corporate seal, in lieu of witness. ASSIGN / MANAGING AGENCY PERMITTEE AGENCY SIGNATURE SIGNATURE TITLE TITLE - SIGNATURE ATTEST ATTEST DATE DATE Approved by Issuing Officer, (Name and Title) Signature Date Finance Copy (White) Permittee Copy (Green) Lands Copy (Yellow) Managing Agency Copy (Pink) Issuing Office Copy (Gold) GP-76 (Revised 4-07) ' Bureau of Reclamation GENERAL CONDITIONS Authority to issue permits by the United States is contained in the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereto or supplementary thereto; particularly section 10 of the Act of August 4, 1939 (53 Stat. 1196), as amended by the Act of August 18,1950 (64 Stat. 463,43 U.S.C. 387); and 43 CFR 429. This permit is issued as authorized by Reclamation Law and subject to all conditions contained herein. 1. Payments. All payments shall be made to the issuing office of the Bureau of the said property within 60 days of expiration, termination, or revocation, it shall Reclamation on or before the date of issue by a postal money order or a check become the property of the United States and the Permittee shall pay the made payable to the Bureau of Reclamation (Reclamation). United States for all expenses related to property removal. 2. Use Limitations. The permitted use. (a) is limited to the purposes and 11. Transfer of Privileges. This permit is not transferable. Premises herein specified; (b) does not unless specified in the permit grant any rights to water, (c) does not unless provided for in the permit allow restriction of 12. Refunds. All money paid under this permit shall be retained by the public entry or uses or to the area: (d) is subject to existing easements, rights- Government. If Section 6(b)(2) is exercised, the fee paid under this permit shall of-way, or resevations: Ce) is subject to the right of Reclamation to grant other be refunded by a prorata share as determined by Reclamation. permits for the same premises upon a finding by the issuing Officer that the additional use is compatible with the use permitted herein; and shall not impede 13. Official Barred from Participating. No Member of Congress or Resident Reclamation, its agents or assigns from carrying on whatever activities are Commissioner shall participate in any part of this contract or to any benefit thatt necesssary, to: (1) protect and maintain the premises, facilities, and adjacent I may arise from it, but this provision shall not pertain to this contract if made with lands administered by the United States and its agencies and (2) manage all a corporation for its general benefit, resources located on the premises and other Reclamation lands. 14. Nondiscrimination in Employment. The Permittee agrees to be bound by 3. Damages. The United States shall not be responsible for any loss or the equal opportunity clause of Executive Order 11246. damage to Property arising from the issuance of this permit, including but not limited to damages to growing crops, animals, and machinery; or injury to the 15. Liability. The permitted activities shall be conducted so as not to interfere Permittee or its associates, officers, agents, employees, or any thirdparties who with the operation, maintenance, and administration of Reclamation Projects. are on the premises; or for damages or interference caused by natural Any additional repairs, maintenance. or expense to Reclamation Projects as a phenomena to the extent permitted by aw, the Permittee agrees to save the result of the permitted activities shall be reimbursed to the United States by the United States of any of its assigns or agents harmless from any and all claims Permittee. The Permittee may review such expenses; however, the Secretary by the Permittee or by third parties for damages or losses that may arise from of the Interior's determination of such expense shall be final and binding upon or be incident to any activity associated with this permit except damages the parties hereto. caused by the negligent or wrongful act of a Government employee. 16. Trespass. Any use of the premises not herein prescribed shall be 4. Operating Rules and Laws. The Permittee shall keep the premises in a considered a trespass. Any violation or trespass on any Reclamation lands by neat and orderly condition at all times and shall comply with all municipal, the Peremittee shall be cause for revocation of this permit, in accordance with county, State, and Federal laws, rules, and regulations applicable to their Section 6.(a). The Permittee shall be liable for any damages resulting operations under the permit. Also, the Permittee shall take all reasonable therefrom, and an approximate charge as determined by the issuing officer precautions to prevent the escape of fires and to suppress fires and shall shall be.made to the Permittee. Any property constructed in trespass shall be render all reasonable assistance in the Suppression of fires. considered property of the United States, and the Permittee shall pay the United States for all expenses related to property removal. 5. Responsibility of Permittee. The Permittee, by operating on the premises, shall be considered to have accepted these premises with all the facilities, 17. Disclosure. In accordance with the Privacy Act of 1974 (PL 93-579), fixtures, or improvements in their existing condition as of the date of this permit. please be advised that- (a) Participation is voluntary; however, failure to answer \t the end of period specified or upon earlier termination, the Permittee shall all questions fully may delay processing of this application or result in denial of give up the premises In like condition as when received except for reasonable (b) information will be used as criteria for the issuance of special use permits wear, tear, or damage occurring without fault or negligence. The Permittee will and forr identification of personnel having special use permits on Reclamation fully repay Reclamation for any and all damage, directly or indirectly, resulting lands; and (c) in the event there is indicated a violation of a statute, regulation, from the Permittee's negligence or failure to use reasonable care. rule, order, or license, whether civil, criminal, or regulatory in nature, the requested information may be transferred to the appropriate Federal, State, or 6. Revocation. (a) ViolationÂ· This permit may be revoked on the tenth day local agency charged with investigation or processing such violations. following written notice to the Permittee upon a finding by Reclamation that the Permittee has violated any of the terms herein or made use of the premises for 18. In Addition: purposes not herein prescribed Provided that if said violation or nonprescribed (a) The (Contractor) shall comply with all applicable Federal, State, and local use of the premises ceases within 10 days of receipt of notice, the Permittee laws and regulations, and Reclamation policies and instructions, existing or will be allowed to maintain occupancy unter this permit. hereafter enacted or promulgated, concerning any hazardous material that will (b) Nonuse and project purposes This permit may also be revoked with 30 be used, produced, transported, stored,or disposed of on or in lands. waters, or days written notice to the Permitte upon a finding by Reclamation that- facilities owned by the United States or administered by Reclamation. (1) The Permittee has failed to use or discontinued use of the premises or (2) The premises are needed for project purposes. (b) "Hazardous material" means any substance, pollutant or contaminant listed (c) Possession' Upon any such revocation, Reclamation, by and through as hazardous under the Comprehensive Environmental Response, any authorized representative may take possession of said premises for its Compensation and Liability Act of 1980, as amended. 42 U.S.C.-1901. et. seq., Own and sole use in accordance with Section 10 and the regulations promulgated pursuant to the Act. 7. Cultural Values Should evidence of historical, archaeological, or (c) The (Contractor) may not allow contamination of lands, waters or facilities paleontological sites be discovered during use of the premises, the Permittee owned by the United States or administered by Reclamation by hazardous Immediately shall suspend operations and advise the issuing officer. materials, thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum products, mine tailings, mineral salts, pesticides (including but not 8. Compliance. Failure of Reclamation to insist upon strict compliance with any limited to, the misuse of pesticides, pesticide containers or any other pollutants. of this permit's terms, conditions, and requirements shall not constitute a waiver waiver or relinquishment of Reclamation's right to thereafter enforce any of (d) The (Contractor) shall report to Reclamation, within 24 hours of its permit's terms, Conditions. or requirements. occurrence, any event which may or does result in pollution or contamination adversely affecting lands, water or facilities owned by the Uhited States or 9. Termination. At the termination of this permit, the Permittee shall administered by Reclamation. immediately give up possession to Reclamation, reserving, however, the rights specified in Paragraph 10 Upon failure to do so, the Permittee shall pay the (e) Violation of any provisions of this Article shall constitute grounds for Government, as liquidated damages, an amount double the rate specified in immediate termination of this permit and shall make the (Contractor) liable for this permit for the entire time possession is retained. The acceptance of any fee and the cost of full and complete remediation and/or restoration of any Federal for liquidated damages or any other act of administration relating to the resources or facilities that are adversely affected as a result of the violation. continued tenancy is not to be considered as an approval of the Permittee's possession (f) The (Contractor) agrees to include the provision contained in paragraphs (a) through (e) of this Article in any subcontract or third party contract it may enter 10. Removal of Permittee's Property. Upon the expiration, termination, or into pursuant to the permit. revocation of this permit, if all rental charges and damage claims due the Government have been paid, the Permittee may remove all structures, (g) Reclamation agrees to provide information necessary for the (Contractor), machinery, or other property from the premises. 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C 1. 16//9 / 91 4 *1 6Â· ,--1-~141$f=<trff ~-A~St#glip.:*i~ ~1'411*f..,.,11-:t..t:~4. 2 -[J: i.:ji,Vij~FaikEE: Jil//f'.///j:Â£<44 Â· . 1,!*,42Â«Â»49'~44@,~il E -14Attly.r.-7 I . . 0 72 -t --01~ M-60-0300 3.,1.r I '1 ., 0 00* 002' L 6uipling uoileo!UnLU O TOWN oF ESTES PAREL Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Steve McFarland - Finance Officer Date: RE: 2009 FINAL SALES TAX REPORT Background: Attached please find the report on sales tax progress through the fourth quarter of 2009, as well as data for YTD details and results. Documentation Key points of the attached Powerpoint presentation: 1. 2009 sales tax was $6.85m, which was -0.7% less than the 2009 revised budget, and -5.5% less than the original 2009 budget. Real growth was -5.0% (CPI was 0.4%). 2. All four 2009 quarters trailed respective 2008 quarters to varying degrees. By any definition, this qualifies as a recession. 3. As can be seen in the "Sales Tax, 2009 vs 2008" slide, Estes Park compared very favorably to the plight of other mountain communities. 4. The "Sales Tax Trends" slide shows the trend (blue) and strength of trend (maroon) of sales tax. The blue line is below the black trend line, which means that the direction of sales tax is down. The maroon line shows that the blue line is declining at an unprecedented rate of nearly 5%/year. The velocity of the trend seems to be seeking a bottom of around 5%. Hopefully it will hold, and both the blue and maroon lines will head north in 2010. 5. The "sales tax 1985-2009" and "sales tax factoring cpi" graphs show the steady growth of sales tax, but also reveal that about 40% of the growth is actually related to CPI (inflation). Note that sales tax levels are now at approximately 2006 levels. Page 1 4*Gi33**#6,~..=-I- st - 6-:-+~W97FINANCEI L525-'-t I.*Â·75~12$61.,1,02742~i~~ . I- 2, TOWN oF ESTES PARIÂ© Memo 6. The effect of CPI is also seen when comparilig the two "trends" graphs. RMNP visitation and US 34/36 traffic counts are actually quite fiat over the past 10-15 years, while sales tax has increased. Sales tax seems to most closely mirror hotel occupancy %, a primary component in our forecasting models. Factoring CPI, sales tax is still increasing, but at a much slower pace. 7. The "sector analysis" portion of the report discusses our major sales tax categories. a. The "annual sector comparisons" graph show ththt the established "food up" trend continued through 2009. b. The "Sales tax 2007-09" graph illustrates how important it is to look at trends from multiple viewpoints. Although food is taking up a larger portion of the pie, the reality is that food merely declined at a slower pace than other sectors in 2009. The sobering "sales tax, 2609 vs. 2008" slide at the beginning of the presentation makes one consider what would happen if Estes Park suffered the same fate as the other mountain communities (a sharp drop in sales tax). It is somewhat heartening to know that even with a 5.5% vs. budget (nearly $400,000) drop in sales tax in 2009, staff was able to cofhpensate through prudent managemenUtrimming of expenditures. General Fund's fund balance shBuld not suffer in 2009. Of course, the recession cannot continue indefinitely without consequences to Town budgets and ultimately services: Staff hopes for a rebound in sales tax revenues in 2010. I Budget: Staff Recommendation: Staff recommends acceptance of 2009 Sales Tax Report. Sample Motion: N/A Page 2 7737>743FINANCEI ... 11 . . SALES TAX REPORT: 2009 330!#0 aoueu!:I - puepeplAI 0/\als . . 1 . Il l ~ ~4,, ./ 0 : ' P '2~, e e :2.3 4 :i 1 CD Â¥ 1.-Â·râ‚¬4 140& :,3 U- 00 C 91: N 9 4 m r.1 4 1 2 (10) 4 CE Â·V) 10 gaa :?8...8 5 4-P 3%* -C -iÂ·*1* U 2 m C 14' 392:. LU 00 2 00 -& v . -1 40*0 t< 0*1000 4 E Nâ€¢-N U â„¢CD O. 01 09 0 0 : M O O M E>> ...09 > ~1 r.:i '7 7:> Ry 32 32 32 M *01 ,-1 0+1 0 23% CON O >aa i''ye) g #duiÂ®ME 0,-Irn O 0 00(Neo N o , FC .. 4422 4 4 ld) U! Buu .t 1 1 ic B.0 0. 04 0 00 U *0 - 1 425 0 01 El 0 & 4 FZ 61 O 04 Â«4 44 9& :?4 6\ i % - b :*1 1 It). % 4% -1 0 4449 \0 -3?7. C. S I. ds, + r 019 a 00 44 *A Al" .do 241.P 0% 0 <t. 4 4 1 -7 ie % 19 1 1 .. G ,\ 8793 *4,7 %5 1 - Sdi- SALES TAX 2 009 VS 8,61,IÂ· - %Â§I- %01- %Il- Il- %1 I- %Ll- -10% - - %0Z- %52- *AaN aAVJO 842) % 01* ZI \0 0\ O 1 111 022 Pâ‚¬ 02 En r< h - G '2' â‚¬ th 6,3 002- 6- g m 0 0 O Ch \Â© MP i 04:- 0 - r #OAvt r 0 - d) 4 0% G nq - <~22 r--- <00</2, 94:>. X - 92 $ -400-46 V. - .o Â«r Del - 60.42 01 ZE: Pood-/6. Sff - r vi %: ..:1. LU 14 m 24 .. fil gUI03UI -kÂ· J ~.f 9.1,049%-R#~.*Melt.,1'.-..1~4. - $700,000 20% $600,000 - 15% - 10% %0 I- - %8- - 5602 - ' 0% =JON OIN Z I 60-1@qui@00(] December-09 12 Mo Rev. $6,852 0Â»Â» >9644% (%OUIZI)Â·IROU!7- (@AV OW ZI)-IUOUrl- %OUIZI- OAV OW ZI- /4 ) :23 02 $500,000 $400,000 000'00Â£$ 000'OOES 000'00 I$ lilli , 1 1 [ 0,71 - 'FI-4 5 1-174'21~~-' Lidel//6./ . 2..': A 1 .4. -2 :-912'$= id.-6.z:An CJ~ S 324- ... .20=~~ Â®Xk 80fd:. 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($) senueAm xeiseies sjunoo u0!jells!A dNI/\Ibl 000'000'* 98/*Â£ Sn sjunooo!Jiell- Aouednooo lejoH 8,000,000 60.00% i- 50.00% %00 0* %00'01 %00-0 L %00 -0 6008 8002 ZOOZ 9003 9001 4001 â‚¬001 1002 LOOZ 00oz 666t 866L 266L 966: 966L 7,000,000 6,000,000 000'000'9 000'000'Â£ 000'000'Z 000'000' L t 4% 9 44 2.- 4, k.'' U 9 Z /4 f i 2.- 0 40 ~%!RitÂ®UEÂ¢Â¢S.1,:4t!89*415Â·9Â·Ti"k.:f':1: . ($) senueAei xeiseies - sjunoo uouells!A dNIAIN - 000'000'* 9Â£/,Â£ sn slunoo o!,Jell -- IdOSnull.U xeiseles- 600Z BOOZ Zooz 9001 9001 t001 Â£001 1002 :001 00oz 666L 966L 266: 966: 9661 FACTORING CPI) 8,000,000 7,000,000 6,000,000 000'000'9 000'000'E 000'000'Z 000'000' L yeD Â¥41. * 9. 9~47' 4.:22>1 *isfk:.: *iiI Â»70.- 2% -99Â£. 0 , ,9.. 1, i 3, ii~}9/ 'i' '2914:/5?1 i ~ i':;,1~f'ui''I 'W:1:[2*'414<(+4,~,> 44 , 1 St, w.*,2/& !9~ 2009 SALES TAX SISA1Â¥NV kl01)3S Â¤ E,;t*:1 ~ :1*~cl '40.' 4 Â· 1" 4 ' '1 0 T 1 TTI . 2 t E= 1 1 4 \6 U . X 3 -92 10 V E 24+ H ..23 ;42*$22 .. 1 \ l .O to 4 6 % '4'41."1,5'*841;k )K ANNUAL SECTO 30% %9Z %02 %0L â‚¬ P.:I *- 3 24*Â· 11 O 4- 00 OW (V --e~'llf 3) (0 10 L >Me 0 r-00 to 0 - i t 4-(9 UD * A 5410 r- CO LO - - Â·, 1%.. -0>66 9 51 1 lie :ANill'll# 9491 Emt k N P 1--*.iÂ¥ 3 CD O (3) ..tÂ·- LO 1.....It X 10 CD O. Lri , co .3 1 g * 00 00 Lr) r W < r #5 4 e A ..4- CD 0 It 0 &43{ r rt /3 - .- +64 60 " r- 04 ,.. 4 â‚¬-0 64 & #.Ill 60 :Â·%/1///64 ~ Auit-l/Willbi E M Â¥4. LU Cg =Â· CD CD Â£ O 0 f O) O 01- UT g CD 03 900 7 00 : r.- P r CO CD - it +69 64 " r- 00 ID CO r 0 CO 'f 0O 4: #% 91Â®4Â·,ie??F?t~!il~J~~~~~~M.;: i, 3AllOIAIO1nVO 000'000'9$ NOI13nhllSNOJO Aillu-no 11Â¥1353 0 SNISC]01Â¤ 0003â€¢ 000'000'â‚¬$ C'~1 600Z 800Z zooz $8,000,000 $7,000,000 $6,000,000 000'000'*$ 000'000'Z$ 000'000'LE 0$ 4 TOWN or F_ST ES I?ARIÂ© kÂ·N'*'*7332-74 33'%1Â·93:*IpsÂ·<~g pi. - -- -; . 5--- .. - '.r:.*79?e Memo (,r t. L '2Â·/46 : 4.:'*th I J A . 64.hÂ·I. 9 1 TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: March 3, 2010 RE: Ordinance # 08-10 Lease Agreement with the Estes Valley Recreation and Park District for a Portion of Stanley Park Fairgrounds Background: The Town of Estes Park has leased to the Estes Valley Recreation and Park District (the "Rec District") approximately 27 acres of the Town's Stanley Park Fairgrounds property. The current Lease runs through 2017 for the premises. The Rec District has received a grant from the State of Colorado for installation of recreational and restroom facilities. The grant requires possession of the property upon which the facilities are to be constructed for a minimum period of 25 years. As part of the grant terms, the Town will be required to execute a Covenant on the leased premises for 25 years that requires the improvements funded and constructed pursuant to grant funding to be operated and maintained in reasonable state of repair and for the purposes specified in the project grant for a period of 25 years. In the event the Rec District does not renew its Lease for the premises as provided in the Lease Agreement, the Town will bear the responsibility to operate and maintain the facilities for the 25 year period. The new Lease Agreement is on the same terms and conditions as the old Lease Agreement except for including a primary lease term of ten (10) years with three (3) additional five (5) year periods at the option of the Rec District. The Lease also recognizes the use restrictions on the Stanley Fairgrounds property as contained in the Deed from F.O. Stanley to the Town and requires the Rec District not to violate the terms and conditions of those use restrictions on the property. Section 31-15-713 (1)(c) requires a lease of any real estate owned by the Town for a period of more than one (1) year shall be by ordinance. Budget: There are no budgetary implications. Staff Recommendation: Staff recommends adoption of Ordinance # 08-10 leasing a portion of Stanley Park Fairgrounds to the Estes Valley Recreation and Park District pursuant to the terms and conditions of the Lease Agreement. Sample Motion: I move to adopUnot adopt Ordinance # 08-10. Page 1 ORDINANCE NO. 08-10 AN ORDINANCE APPROVING THE LEASE AGREEMENT WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR A PORTION OF STANLEY PARK LOCATED WITHIN THE TOWN OF ESTES PARK WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town to lease approximately 27 acres of property located within the Stanley Park Fairgrounds to the Estes Valley Recreation and Park District for use by the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. The Lease Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved and the appropriate officials of the Town of Estes Park are hereby authorized to execute the, Lease Agreement. Section 2. The Declaration of Covenants and Conditions for the Stanley Park Playground Enhancement Project as required by the terms and conditions of the Great Outdoors Colorado Trust Fund Grant for the acquisition of the improvements and enhancements to the Stanley Park Playground Enhancement Project are attached hereto as Exfiibit B and incorporated herein by reference, is approved and the appropriate officiali of the Town of Estes Park are hereby aothorized to execute the Declaration. Section 3. The Ordinance shall take effect and be in force 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 ,2010. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2010. Town Clerk EXHIBIT A LEASE AGREEMENT THIS LEASE AGREEMENT is effective this day of 2010, between the TOWN OF ESTES PARK, COLORADO (Lessor) and ESTES VALLEY RECREATION AND PARK DISTRICT (Lessee). 1. LEASE OF PREMISES. The Lessor does hereby lease to the Lessee, approximately twenty-seven (27) acres of property in the Stanley Park Fairground recreation area located in the Town of Estes Park, Colorado (the "premises") more fully described as follows: A part of Stanley Park in the Southeast quarter (SEM) of the Northeast quarter (NEY) and the Northeast quarter (NEY) of the Southeast quarter (SEY) of Section Thirty (30), Township Five (5) North, Range Seventy-two (72) West of the Sixth Principal Meridian, described as follows: beginning at the East quarter corner of Section Thirty (30); thence South 0Â°24' East a distance of 572 feet; thence North 89Â°11' West a distance of 947 feet; thence North 7Â°52' West a distance of 1454.8 feet to the South right-of-way line of State Highway #66; thence South 80Â°18' East a distance of 278 feet to Southwest traverse line of Lake Estes angle point 116; thence South 52Â°50' East a distance of 570 feet; thence South 77Â°10' East a distance of 373 feet to the East line of Section Thirty (30); thence South 1 Â°24' West a distance of 332.4 feet to the point of beginning, containing 27.24 acres, more or less. 2. USE The Lessee shall, during the term of this Lease and any renewal or extension thereof, construct, maintain and operate recreation facilities upon the premises. The Lessee shall not construct any structures on the premises without the specific written permission of the Town which will not be unreasonably withheld. All structures currently on the premises as of the effective date of this lease shall be deemed to have been approved by the Town. Lessee understands and agrees that in the use of the premises, Lessee shall not violate the terms and conditions of the Deed from F. O. Stanley to Lessor dated August 14,1936, as follows: "The above described land is hereby conveyed to the said Town of Estes Park for use by said Town solely as a public park and recreation grounds. The Town shall have full control and use of the said premises for such purposes and may improve and beautify said lands to carry out such purposes. The Town may construct such improvements thereon as said Town may deem necessary and proper for the carrying out of the purposes herein specified. The Town may permit such lands be used for public entertainment upon such terms and conditions and for such rental as it may deem proper." Lessee shall have the right to rent, sub-lease, or grant concessions to any third party for all or a portion of the premises so long as the use complies with the above stated deed restriction and subject to Paragraph 13 herein. All renters, sub- lessees or concession grantees shall be required to maintain liability insurance set forth in Paragraph 5 of this Lease Agreement including naming Lessor as an additional insured on the policy or policies. Lessee shall commit no act of waste and shall take good care of the premises and shall, in the use and occupancy of the premises conform to all federal, state and Town laws, orders and regulations. 3. TERM The term of this lease shall be for a ten- <10-) year period commencing on the first day of January 2010 and ending on the 3'IS day of December 2020. The Lessee shall have the option to extend this lease for three (3) additional five (5) year periods. The Lessee shall give the Lessor written notice of its intent to extend this lease at lease six (6) months prior to the end of the base term, or any extended term, such notice to be in writing and delivered to Lessor at the address specified in Paragraph 8 hereof. In the event that this lease is extended for the additional period, all terms and conditions of this lease shall remain in force and effect. 4. RENT There shall be no rent payable for leasing of the premises. 5. LIABILITY INSURANCE The Lessee shall provide the Lessor with certificates of liability insurance for comprehensive general liability and comprehensive automobile liability insurance in an amount of no less than One Hundred Fifty Thousand Dollars ($150,000) per person, and Six Hundred Thousand Dollars ($600,000) per occurrence, and Fifty Thousand Dollars ($50,000) property damage, naming Lessor as additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining appropriate endorsement to any umbrella policy or liability insurance the Lessee may maintain. Lessee may provide for the insurance set forth above partially or wholly by means of a self-insurance fund. In the event that the liability limits of the Colorado Governmental Immunity Act are increased over the current limits of One Hundred Fifty Thousand Dollars ($150,000) per person, and Six Hundred Thousand Dollars ($600,000) per occurrence, Lessee shall be obligated to increase its general and automobile liability insurance in an amount equal to or greater than the limits of the Colorado Governmental Immunity Act. 2 6. GOVERNMENTAL IMMUNITY The parties understand and agree that the parties are relying on, and do not waive or intend to waive by any provision'of this Lease, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq. C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agent or employees. 7. INDEMNITY To the extent lawfully allowed, Lessee agrees to indemnify, protect and save harmless the Lessor from any and all claims, demands and liability for any loss, damage or injury, including death, or other like or different casualty to persons and property used by and growing out of, or happening in connection with Lessee's use and occupancy of the premises, and any equipment located or to be located thereon, due to the negligence of Lessee, its agents, servants, or employees. Said indemnification shall include all reasonable attorney's fees and court costs incurred by Lessor for the defense of all claims, damages, and liabilities that are subject to Lessee's indemnification obligation. 8. CONDITION OF SITE During the term of this lease and any Renewal Term, the Lessee shall be responsible for any and all damages to the premises caused by or attributed to any actions by the Lessee or its users. 9. TERMINATION Upon termination of this lease, Lessee shall be entitled to remove all of its personal property including all structures erected on the premises if the same can be removed without damaging Lessor's underlying property. In the event that any structure erected on the premises cannot be removed by Lessee without damage to Lessor's underlying property, said structure shall remain on the premises upon termination of the lease. 10. NOTICES All notices required or permitted hereunderÂ·shall be in writing and shall be deemed given if personally delivered or mailed, certified or registered mail, return receipt requested, or sent by overnight carrier to the following addresses: 3 If to Lessor, to: Town of Estes Park Attn: Town Administrator P O Box 1200 Estes Park, CO 80517 If to Lessee, to: Estes Valley Recreation and Park District Attn: Executive Director P.O. Box 1379 Estes Park, CO 80517 Or if a more current address, or name, has been given to the other party in writing, to such other address, or name. 11. WAIVER Failure or delay on the part of the Lessors to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 12. DEFAULT If either party is in default of any of its obligations hereunder and such default shall continue for a period of more than thirty (30) days after written notice thereof, either party may terminate this Lease Agreement for said default. 13. ASSIGNMENT The Lessee shall not assign its rights under this Lease Agreement or any interest herein, or convey the whole or any portion of the leased area, without the prior written consent of the Lessor. 14. ENTIRE AGREEMENT The Lease Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior offers, negotiations, and agreement, whether written or oral, between the parties hereto with respect to the subject matter hereof. 15. UTILITIES The Lessee will be responsible for payment of all utilities used on the premises. 4 LESSOR: TOWN OF ESTES PARK By: Mayor ATTEST 1,1 Town Clerk STATE OF COLORADO ) )SS. COUNTY OF LARIMER ) The foregoing instrument was acknowledged beforeÂ·me this day of , , 2010, by William Pinkham, Mayor of the Town of Estes Park. WITNESS my hand and official seal. My commission expires: Notary Public 5 LESSEE: ESTES VALLEY RECREATION AND PARK DISTRICT By: Executive Director STATE OF COLORADO ) )SS. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of ,2010, by , Executive Director of the Estes Valley Recreation and Park District. WITNESS my hand and official seal. My commission expires: Notary Public 6 EXHIBIT B GREAT OUTDOORS COLORADO DECLARATION OF COVENANTS AND CONDITIONS DATED A GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND HAS BEEN UTILIZED TO ASSIST IN THE ACQUISITION, IMPROVEMENTS AND/OR THE ENHANCEMENTS OF STANLEY PARK PLAYGROUND AND ENHANCEMENT PROJECT. THIS DECLARATION ACKNOWLEDGES THAT, FOR A PERIOD OF TWENTY-FIVE (25) YEARS FROM THE DATE HEREOF, THE PROPERTY ON WHICH SUCH PROJECT IS LOCATED, (THE LEGAL DESCRIPTION OF WHICH IS SET OUT BELOW [THE "PROPERTY"]), WILL BE OPERATED AND MAINTAINED BY THE OWNER THEREOF IN A REASONABLE STATE OF REPAIR AND FOR THE PURPOSES SPECIFIED IN THE PROJECT GRANT AGREEMENT DATED JANUARY 9,2009, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT A. THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND THE OWNER OF THE PROPERTY HAVE DETERMINED THAT THE ADOPTION OF THESE COVENANTS AND CONDITIONS IS IN THE PUBLIC INTEREST. THE RESTRICTIONS IMPOSED HEREBY CANNOT BE MODIFIED EXCEPT BY WRITTEN AGREEMENT OF THE GREAT OUTDOORS COLORADO TRUST FUND Project Location and Property Legal Description: Address of Project: 380 Community Drive, Estes Park, Colorado A AÂ· Legal Description of Property on which Project is Located: A part o f Stanley Park in the Southeast quarter (SEY) of the Northeast quarter (NEM) and the Northeast quarter (NEM) of the Southeast quarter (SEY) of Section Thirty (30), Township Five (5) North, Range Seventy-two (72) West of the Sixth Principal Meridian, described as follows: beginning at the East quarter corner of Section Thirty (30); thence South 0Â°24' East a distance of 572 feet; thence North 89Â°11' West a distance of 947 feet; thence North 7Â°52' West a distance of 1454.8 feet to the South right-of-way line of State Highway #66; thence South 80Â°18' East a distance of 278 feet to Southwest traverse line of Lake Estes angle point 116; thence South 52Â°50' East a distance of 570 feet; thence South 77Â°10' East a distance of 373 feet to the East line of Section Thirty (30); thence South 1Â°24' West a distance of 332.4 feet to the point of beginning, containing 27.24 acres, more or less. Project Description: (Use Application Project Summary as modified if at all by Grant Agreement). The "Stanley Park Playground & Rest Room Enhancement" project is located in Stanley Park, Estes Park, Colorado. The project will enhance the outdoor recreational opportunities for youth of the community and provide a secondary benefit to the visitors to the Estes Valley. There are two components of the project, and both are located in Stanley Park. The first component includes replacing an old playground structure with a modern structure that meets ADA requirements. The second component is remodeling an old rest room attached to an existing shelter and near the playground. The playground will substantially upgrade the play opportunities as additional amenities to Stanley Park, and the rest room will provide a comfort station for playground and park users meeting ADA compliance standards. Families for Estes (FFE) is the partner for this project and has spearheaded a community campaign that raised $30,000 for the project. FFE is a new organization in Estes Park that plans to be a voice for the young families of Estes Park in making the town a great place to raise children. The fundraising efforts have included local service club fundraising, sweat equity projects, and a community-wide campaign to raise funds for the project. The project is exciting because it combines community efforts with local government to provide a basic park feature (playground) and a needed park amenity (rest room) for the benefit of the community. Proiect Costs: GOCO Grant Amount $ 71,433 Applicanâ‚¬Partner Match (including in-kind) $ 81,080 Total Project Cost $152,513 IN WITNESS WHEREOF, the Declarant, The Great Outdoors Colorado Trust Fund and the owner of the Property have executed this Declaration on ,2010. THE GREAT OUTDOORS COLORADO TRUST FUND By: Name: Title: STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2010, by as of The Great Outdoors Colorado Trust Fund. Witness my hand and official seal. Notary Public My commission expires: TOWN OF ESTES PARK By: Name: Title: STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of ,2010, by as of the Town of Estes Park. Witness my hand and official seal. Notary Public My commission expires: APPROVED AS TO FORM: Town Attorney TOWN or ESTES PARL Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Lowell Richardson, Deputy Town Administrator Date: March 5, 2010 RE: 2010 Shuttle Schedule Background: At the February 23, 2010 Town Board meeting staff was asked by the Town Board to meet with the Estes Area Lodging Association (EALA) and the Local Marketing District (LMD) members to review staff recommended changes to the shuttle routes. Staff had recommended to the Town Board to reduce the shuttle hours for the shopper routes (Red and Blue) by one hour, cutting the last hour out of the route, based on a reduced budget for 2010 and due to a lack of use as supported by data provided by Rocky Mountain Transit (RMT). Staff (Lowell Richardson, Betty Kilsdonk and Kate Rusch) held a meeting with EALA members (John Buller, Lynette Lott, and Ken Arnold), LMD members (Director Peggy Campbell and Board Member Elizabeth Fogarty) and Rocky Mountain Transit Manager Joe Walsh on Tuesday March 2, 2010. The meeting was intended to discuss the recommendations made by staff to reduce the shopper shuttle routes by one hour. This meeting discussed hours of operation, advertising and route designations which are presented in greater detail. Hours of Operation EAU\ members requested the Town increase the shopper shuttle routes by two hours. Along with this request EALA members agreed they had not promoted the shuttles as well as they could have and would insure greater emphasis to market the shuttles for this year and in the future. They are working on a "Ride the Bus Campaign" for this year. The rationale presented suggested that visitors would use the shuttles for late shopping and dining if they knew the shuttles would run later in the evening. This request would cost an additional $16,000 to implement. Joe Walsh/RMT suggested we run one bus for both routes until 9PM. This would cost $8,000 vs. $16,000. The suggestion would extend the route for a full hour as opposed to thirty minutes, meaning a rider would have to wait longer to catch the shuttle. Advertising Page 1 In 2008, the CVB staff sold advertising space on the larger buses used by the Town, those ads generated $10,000 in revenue. However, in 2009 when we went to smaller buses we discovered the interior of the buses would not accommodate the advertising placards used the previous year and to change them would not have been possible based on the very limited overhead space. Given the opportunity to create revenue the group requested Joe Walsh/RMT to investigate the possibility of finding different buses (for the same lease cost and the same size) that would accommodate advertising placards in the overhead space. If ads are sold for this year these revenues, after printing costs, could be used to offset additional shuttle expenses. At this meeting staff (Kate Rusch) suggested possibly selling ad space on the shuttle maps that are handed ollt each year. It was suggested that the LMD sell these ads, use any revenues generated from the sales to offset additional printing costs, then apply the remaining revenues to the cost of extending the shuttle route hours. Director Peggy Campbell does not believe that the LMD could sell a new product this late in the year and is recommending this action be held for next year. Route Designators Unrelated to the original intent of this meeting was the suggested change of route designators used to identify the shuttle routes. Currently we use Red Route to identify (Fall River Road/Elkhorn Ave), the Blue 'Route to identify (Big Thompson) and the Brown route to identify (Mary's Lake Road/Moraine Ave). The suggestion was to change the route identifiers to animal names, i.e. Elk route, Deer route etc...with a corresponding photo. It is suggested this would create easier recognition by the user "Oh we need to get on the Elk bus". It is unknown what the cost would be to produce this type of identifier for the buses. Other suggestions coming out of this meeting included holding end of year meetings, in the fall before budget time, with EAU\ and LMD members to assess performance and receive input for improvements of service. Budget Increase the transportation budget account # 101-5600-22-60 by $8,000 for one shopper shuttle bus for an additional two hours from 7:00 p.m. to 9:00 p.m. Staff Recommendation: Staff recommends supporting the increase to the shopper route by two hours by using one bus and selling advertisements on the buses and shuttle maps to offset the additional expense generated by the increased route time. Sample Motion: I move to approve/deny the increase to the transportation budget by $8000 for the purpose of increasing the shuttle route by two hours through the use of one bus and to use any revenues created through advertising to offset the budget increase to the transportation budget. TOWN or ESTES IlARI<L I Town Attdiney' Memo ,Â·.t' ..7 . 4.% ; '' ~ 'T?Q â‚¬ 14't Â· .: TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: March 3, 2010 RE: Ordinance #09-10 Extension of the Temporary Wind Turbine Moratorium Background: On December 8,2009, the Town Board adopted Ordinance # 11-09 which extended the moratorium on the issuance of any building permits or review of any applications for building permits for wind turbines within the Town for a period of ninety (90) days. The moratorium expired on March 8, 2010. Ordinance #09-10 renews the temporary moratorium for wind turbines for a period of one hundred seventy-five (175) days which period includes all of the month of August 2010. The Ordinance also recognizes that the Estes Valley Planning Commission may separately recommend regulations addressing different types of wind turbines including, but not limited to, micro wind energy conversion systems. The purpose of Ordinance #09-10 is to allow sufficient time for the Estes Valley Planning Commission to make recommendations to the Town Board and the Board of County Commissioners of amendments to the Estes Valley Development Code with regard to the construction, location, and operation of wind 1 turbines within the Estes Valley Planning Area. c Budget: There are no budgetary implications. Staff Recommendation: Staff recommends adoption of Ordinance # 09-10 to renew the temporary moratorium on the issuance of building permits for wind turbines within the Town of Estes Park. Sample Motion: I move to adopUnot adopt Ordinance # 09-10. Page 1 ORDINANCE #09-10 AN ORDINANCE RENEWING THE TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR WIND TURBINES WITHIN THE TOWN OF ESTES PARK WHEREAS, on August 11,2009, the Town of Estes Park adopted Resolution No. 15-09 imposing a temporary moratorium on the issuance of any building permit by the Community Development Department for the installation of any wind turbine within the Town of Estes Park; and WHEREAS, on December 8,2009, the Town of Estes Park extended the temporary moratorium by adoption of Ordinance No. 11-09 for a period of ninety (90) days; and WHEREAS, the Estes Valley Planning Commission held public hearings on amendments to the Estes Valley Development Code regarding regulatory provisions for the location, construction and operation of wind turbines within the Estes Valley Planning Area including the Town of Estes Park and forwarded recommended amendments to the Estes Valley Development Code to the Board of Trustees and the Board of County Commissioners; and WHEREAS, the Board of Trustees of the Town of Estes Park reviewed the recommendations forwarded to the Board of Trustees by the Estes Valley Planning Commission and by motion, referred the recommended amendments back to the Estes Valley Planning Commission for further reviewl and WHEREAS, in referring the amendments back to the Estes Valley Planning Commission, the Board of Trustees requested that the Planning Commission review small wind energy conversion systems and micro-wind energy conversion systems separately; and WHEREAS, the Estes Valley Planning Commission will hold additional public hearings prior to forwarding to the Board of Trustees and Board of County Commissioners possible amendments to the Estes Valley Development Code regulating the location, construction and operation of wind turbines within the Estes Valley Planning Area; and WHEREAS, is it necessary to renew the temporary moratorium on the issuance of building permits for any wind turbine within the Town until such time as the Board of Trustees of the Town and the Board of County Commissioners have an opportunity to review new recommendations of the Estes Valley Planning Commission with regard to any regulations addressing the construction, location and operation of wind turbines within the Estes Valley Planning Area; and WHEREAS, pursuant to the applicable provisions of Section 29-20-101 et seq. C.R.S. known as the Local Government Land Use Control Enabling Act of 1974, the Board of Trustees of the Town of Estes Park has the power to renew the temporary moratorium. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. The Board of Trustees hereby renews the temporary moratorium on the issuance of any building permit by the Community Development Department for the installation of any wind turbine within the Town of Estes Park including, but not limited to, the processing of any application for building permits filed with the Community Development Department for a period of one hundred seventy-five (175) days from the effective date of this Ordinance. 2. This renewal of the temporary moratorium shall take effect immediately upon the adoption of this Ordinance and continue for a period of one hundred seventy-five (175) days unless amended and/or terminated by further action of the Board of Trustees. WHEREAS, the immediate passage of this Ordinance is necessary for the preservation of the health, safety, and welfare of the citizens of the Town, and therefore this Ordinance shall take effect and be in force immediately after its passage, adoption, and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2010. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2010. Town Clerk TOWN of F TES PAIU< ~UP. r3~3.72tlt-:râ‚¬92Â·.1 ~; Vmw.r' C >Is;Ii;i v. ft h 7,351 f ' Thwn Attorney Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: March 3, 2010 RE: Ordinance # 10-10 Amending and Restating Title 2 Pertaining to Administration and Personnel and Section 9.02.040(1) Pertaining to False Reporting to Authority Background: Title 2 of the Municipal Code During the review of the Mayor's and Board of Trustees' duties and responsibilities by Trustee Blackhurst, Trustee Levine, Town Administrator Halburnt, and myself, it was determined that Title 2 of the Municipal Code should be amended to only include those sections required by the State statutes to be part of the Municipal Code and reorganized for a more readable format. Exhibit A of Ordinance # 10-10 is a complete restatement of Title 2 and is based upon the following rationale: a. The new Title 2 removes all portions of Title 2 that should be located within the policy manuals of Town Departments. For example, the removal of the Tree Board and Unclaimed Property sections of Title 2 and relocation of those provisions in Town Department policy manuals. b. Rearrangement of Code sections so that the sections for Board of Trustees, Mayor, and Town Administration are found together and not scattered throughout the former Title 2. c. Consolidation of sections for appointment of Town Officers, including the officers' duties and compensation. d. Removal of the appointment of the Fire Chief and designation as the Fire Chief of the Estes Valley Fire Protection District. Page 1 e. Recognition that certain personnel of the Town, such as the Police Chief, are part of the Town's personnel system and not required to be appointed by the Town Board. f. Recognition that mail ballot elections will require seating of new Trustees and appointment of Officers to be held following certification of the results of each biennial election and not at the first regular meeting of the Town Board in April of each year. Amendment of Section 9.02.040(1) This amendment to the Municipal Code is necessary to correct a reference to the Volunteer Fire Department. Budget: There are no budgetary implications for adoption of this Ordinance. Staff Recommendation: Staff recommends adoption of Ordinance # 10-10. Sample Motion: I move to adopUnot adopt Ordinance # 10-10. ORDINANCE # 10-10 AN ORDINANCE AMENDING AND RESTATING TITLE 2 OF THE MUNCIPAL CODE PERTAINING TO ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 PERTAINING TO FALSE REPORTING TO AUTHORITIES WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend and restate Title 2 of the Municipal Code to change references to outdated language in Title 2, clarify the Officers to be appointed by the Board of Trustees following each biennial election, and consolidate sections of Title 2 into a more readable and clear format; and WHEREAS, Section 9.02.040 of the Municipal Code shall be amended to clarify language relating to false reporting to authorities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Title 2 of the Municipal Code is hereby amended and restated in its entirety as more fully set forth on Exhibit A attached hereto and incorporated herein by reference. Section 2. Section 9.02.040 (1) of the Municipal Code shall be amended to read as follows: (1) He or she knowingly causes a false alarm of fire or other emergency to be transmitted to the fire department, police department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property. Section 3. The Ordinance shall take effect and be in force 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 ,2010. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2010. Town Clerk E#A i <St -1- /' A' 1 Title 2 Administration and Personnel Chapter 2.04 Board of Trustees 2.04.010 Four-year terms for Trustees 2.04.020 Write-in candidate affidavit 2.04.030 Cancellation of elections 2.04.040 Meeting 2.04.050 Quorum 2.04.060 Action by Board Chapter 2.08 Standing Committees 2.08.010 Committees 2.08.020 Special committees Chapter 2.12 Mayor 2.12.010 Four-year term for Mayor 2.12.020 Duty to sign warrants or other instruments; facsimile signature 2.12.030 Vote required Chapter 2.16 Mayor Pro Tem 2.16.010 Mayor Pro Tem Chapter 2.20 Mayor and Trustees Compensation 2.20.010 Compensation of Mayor and the Board ofTrustees Chapter 2.24 Town Officers 2.24.010 Appointment 2.24.020 Officers' Duties 2.24.030 Compensation Chapter 2.28 Town Administrator 2.28.010 Town Administrator; appointment 2.28.020 Functions and duties Chapter 2.32 Municipal Court 2.32.010 Municipal Court Chapter 2.36 Social Security Coverage 2.36.010 Social Security coverage Chapter 2.40 Fire Chief 2.40.010 Designation 2-2 Supp. 17 Administration and Personnel Section 2.52.040 Chapter 2.04 called by the Mayor or, in his or her absence, by the Town Clerk, by written notice of such Board of Trustees meeting, to each member of the Board of Trus- tees. (Prior code Â§4.1; Ord. 27-74 Â§1, 1974; 2.04.010 Four-year terms for Trustees. Ord. 6-90 Â§3,1990; Ord. 15-97,1997; Ord. 8-03 Â§1, 2003) At each regular election three (3) Trustees shall be elected to serve four-year terms. (Prior 2.04.050 Quorum. code Â§3.1-1; Ord. 6-72 Â§1(part), 1972; Ord. 15- 97,1997) Four (4) members of the Board of Trustees shall be a quorum for the transaction of business. 2.04.020 Write-in candidate affidavit. No business shall be transacted except when a quorum is present, but a smaller number may In any special or regular election of any adjourn the meeting to another time. (Prior code member to the Board of Trustees, no write-in Â§4.3) vote for any person shall be counted unless an affidavit of intent has been filed with the Town 2.04.060 Action by Board. Clerk at least twenty (20) days prior to the date of the election, by the person whose name is All ordinances and all resolutions for the written in indicating that such person desires the appropriation of money or the entering into of office and is qualified to assume the duties of contracts shall require for their passage the that office, if elected. (Ord. 20-91 Â§1,1991) concurrence of a majority of the Board of Trus- tees. All other actions of the Board of Trustees 2.04.030 Cancellation of elections. upon which a vote is taken shall require the concurrence of a majority of those present. In any special or regular election for a mem- (Ord. 15-97,1997) ber or members to the Board of Trustees, if the only matter before the voters is the election of persons to office and if, at the close of business Chapter 2.08 on the nineteenth day before the election there are not more candidates than offices to be filled Committees at such election, including candidates filing affi- davits of intent, the Town Clerk, if instructed by 2.08.010 Committees. resolution of the Board of Trustees_shall cancel the election and the candidates shall be deemed At the first regular meeting following the elected. (Ord. 20-91 Â§2, 1991; Ord. 15-97, certification of the results of each biennial 1997) election, the Mayor shall appoint three (3) Trustees to the following standing committees: 2.04.040 Meetings. community development, public safety, public works, and utilities. (Ord. 26-88 Â§1(part), 1988; The regular meetings of the Board of Trus- Ord. 7-03 Â§1,2003) tees shall be held at the Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on 2.08.020 Special committees. the second and fourth Tuesday of each and every month at 7.00 pm Special meetings may be Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to 2-8 Supp. 18 Administration and Personnel Section 2.52.040 the approval ofthe Board of Trustees. (Ord. 26- act, shall perform his or her duties. (Prior code 88 Â§1(part), 1988) Â§4.2; Ord. 15-97,1997) Chapter 2.12 Chapter 2.20 Mayor Mayor and Trustees Compensation 2.12.010 Four-year term for Mayor. 2.20.010 Compensation of Mayor and the A Mayor shall be elected to serve a four-year Board of Trustees. term. (Prior code Â§3.1-2; Ord. 6-72 Â§1(part), 1972; Ord. 15-97,1997) The Mayor shall receive as full compensation 2.12.020 Duty to sign warrants or other for his or her services the sum of six thousand instruments; facsimile signature. dollars ($6,000.00) per year during each year of his or her term, payable in equal monthly pay- All warrants or other instruments of payment ments. The Mayor Pro-Tem shall receive as full drawn upon the Town shall be signed by the compensation for his or her services the sum of Mayor. The Mayor may execute, or cause to be five thousand dollars ($5,000.00) per year dur- executed, all such warrants or other instruments ing each year of his or her term, payable in equal of payment with a facsimile signature in lieu of monthly payments. Each member of the Board his or her manual signature upon his or her com- ofTrustees shall receive as full compensation pliance with State statutes pertaining to fae- for his or her services the sum of four thousand simile signatures. (Prior code Â§3.1-5; Ord. 14- dollars ($4,000.00) per year during each year of 72 Â§ 1,1972; Ord. 15-97,1997) his or her term, payable in equal monthly pay- ments. (Ord. 7-74 Â§ 1,1974; Ord. 9-80 Â§1,1980; 2.12.030 Vote required. Ord. 8-86 Â§1,1986; Ord. 15-97,1997; Ord. 3-00 Â§1,2000; Ord. 3-08 Â§1,2008) The Mayor shall have no vote upon any question except in the case of a tie vote. All ordinance adopted and resolutions authorizing Chapter 2.24 the expenditure of money or the entering into a contract require the approval and signature by Town Officers the Mayor before they can become valid. (Prior code Â§4.8; Ord. 15-97,1997)Chapter 2.16 2.24.010 Appointment. Mayor Pro Tem At its first regular meeting following certification of the results of each biennial 2.16.010 Mayor Pro Tem. election, the Board of Trustees shall appoint a qualified person as Town Clerk, Town At its first regular meeting following the Treasurer, Town Attorney, Municipal Judge, and certification of the results of each biennial Assistant Municipal Judge, and any other election, the Board of Trustees shall choose one officers the Board of Trustees deems necessary (1) of the Trustees as Mayor Pro Tem who, in for the good governance of the Town. the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's 2.24.020 Officers' Duties. absence from the Town or his or her inability to The Officers shall have the following duites: 2-9 Supp. 18 Administration and Personnel Section 2.52.040 (1) Town Clerk. The Town Clerk shall 2.24.030Compensation. attend meetings of the Board of Trustees and make a true and accurate record of all the The Town Clerk, Town Treasurer, and any proceedings, rules and ordinances made and other officers who are employees of the Town passed by the Board of Trustees. He or she shall shall be compensated pursuant to the Town's be the custodian of all of the Town's records. Employment Compensation Schedule. The The Town Clerk shall perform such other duties Town Attorney shall be compensated in as the Board of Trustees may prescribe. accordance with a Fee Schedule approved by the Board of Trustees. The compensation of the (2) Town Treasurer. The Treasurer shall Municipal Judge, Assistant Municipal Judge, receive all moneys belonging to the Town and and Clerk of the Municipal Court shall be set by give, receipts therefor, keep the Town's books ordinance annually. and accounts in such manner as may be prescribed by the Board of Trustees, keep a separate account of each fund or appropriation and the debts and credits belonging thereto and Chapter 2.28 sign and pay all warrants and bills approved by the Board of Trustees. All books and accounts Town Administrator of the Treasurer shall always be subject to inspection of any member of the Board of 2.28.010 Town Administrator; appointment. Trustees. The Treasurer shall perform all other duties, keep all records and make all reborts that At its first regular following the certification are required by other provisions of this Code or of the results of each biennial election, the Board by th& laws ofthe State. of Trustees shall appoint a qualified person as Town Administrator. In case of a vacancy in the (3) Town Attorney. It shall be the duty of office of Town Administrator, the Board of the Town Attorney to attend meetings of the Trustees shall appoint a Town Administrator for Board of Trustees as directed by the Mayor or the unexpired term. (Ord. 21-75 Â§1(part), 1975; the Board of Trustees, to draw all ordinances, Ord. 15-97,1997) contracts and other instruments when requested to do so, to prosecute or defend all suits brought 2.36.020 Functions and duties. by or against the Town, and to render such legal The functions and duties of the Town Ad- service to the Board of Trustees and other Town officers as they may require. ministrator shall be as follows: (4) Municipal Judge, Assistant Municipal (1) To be responsible to the Board of Judge, and Clerk of the Municipal Court. Trustees for the efficient administration of all The Municipal Judge, Assistant Municipal Judge departments of the Town government; and Clerk of the Municipal Court shall have all the powers, authority, duties, and shall follow (2) To supervise the enforcement of all procedures as provid6d therefore by the laws of laws and ordinances; the State and the rules and brocedures promengrated by the Supreme Court of the State. 2-10 Supp. 18 (3) To recommend an annual budget to Chapter 2.36 the Board, to administer the budget as finally adopted and to keep the Board of Trustees Social Security Coverage fully advised at all times of the financial condition of the Town; 2.36.010 Social Security coverage. (4) To recommend to the Board of The Board of Trustees has adopted an ordi- Trustees for adoption such measures as he or nance extending the benefits of Old Age and she may deem necessary; and Survivors' Insurance to its officers and employ- ees. The proper officers ofthe Town are author- (5) To perform such other duties as may ized to continue making payroll deductions from be prescribed by ordinance or by direction of salaries and to make the required payment by the the Board of Trustees. (Ord. 21-75 Â§ 1(part), Town and to do all other things necessary to 1975; Ord. 15-97,1997) continue the coverage of the officers and employees of the Town in the Old Age and (6) The Town Administrator shall Survivors' Insurance System. (Prior code Â§3.7) propose an administrative organization plan of the Town which shall be presented to the Board of Trustees for approval. When the plan is approved by the Board, it shall Chapter 2.40 become the administrative organization plan of the Town, and all Town administrative Fire Chief procedures and functions shall be carried on in accordance with such plan. 2.40.010 Designation. The Fire Chief of the Estes Valley Fire Chapter 2.32 Protection District is hereby designated as the Fire Chief for all duties and responsibilities of a Municipal Court fire chief set forth in the Municipal Code. 2.32.010 Municipal Court. There is created a Municipal Court to hear and try all alleged violations of the Town ordi- nance provisions. . Title 2 Administration and Personnel Chapter 2.04 Board of Trustees 2.04.010 Four-year terms for Trustees 2.04.020 Write-in candidate affidavit 2.04.030 Cancellation ofelections 2.04.040 Meeting 2.04.050 Quorum 2.04.060 Action by Board Chapter 2.08 Standing Committees 2.08.010 Committees 2.08.020 Special committees Chapter 2.12 Mayor 2.12.010 Four-year term for Mayor 2.12.020 Duty to sign warrants or other instruments; facsimile signature 2.12.030 Vote required Chapter 2.16 Mayor Pro Tem 2.16.010 Mayor Pro Tem Chapter 2.20 Mayor and Trustees Compensation 2.20.010 Compensation of Mayor and the Board of Trustees Chapter 2.24 Town Officers 2.24.010 Appointment 2.24.020 Officers' Duties 2.24.030 Compensation Chapter 2.28 Town Administrator 2.28.010 Town Administrator; appointment 2.28.020 Functions and duties Chapter 2.32 Municipal Court 2.32.010 Municipal Court Chapter 2.36 Social Security Coverage 2.36.010 Social Security coverage Chapter 2.40 Fire Chief 2.40.010 Designation 2-2 Supp. I 7 Administration and Personnel Section 2.04.010 Chapter 2.04 called by the Mayor or, in his or her absence, by the Town Clerk, by written notice of such Board of Trustees meeting, to each member of the Board of Tms- tees. (Prior code Â§4.1; Ord. 27-74 Â§1, 1974; 2.04.010 Four-year terms for Trustees. Ord. 6-90 Â§3, 1990; Ord. 15-97, 1997; Ord. 8-03 Â§1, 2003) At each regular election three (3) Trustees ' ~ shall be elected to serve four-year terms. (Prior 2.04.040021 Quorum. code Â§3.1-1; Ord. 6-72 Â§1(part), 1972; Ord. 15- 97, 1997) Four (4) members of the Board of Trustees shall be a quorum for the transaction ofbusiness. 2.04.012020 Write-in candidate affidavit. No business shall be transacted except when a quorum is present, but a smaller number may In any special or regular election fer-eleetien adjourn the meeting to another time. (Prior code of any member to the Board of Trustees, no Â§4.3) write-in vote for any person shall be counted unless an affidavit of intent has been filed with 2.04.050060 Action by Board. the Town Clerk at least twenty (20) days prior to the date of the election, -by the person whose All ordinances and all resolutions for the name is written in, prior to twenty (20) days appropriation of money or the entering into of before the date of the election, indicating that contracts shall require for their passage the such person desires the office and is qualified to concurrence of a majority of the Board of Trus- assume the duties of that office, if elected. (Ord. tees. All other mattefs-actions of the Board of 20-91 Â§1, 1991) Trustees upon which a vote is taken shall require the concurrence of a majority of those present. 2.04.08030 Cancellation of elections. (Ord. 15-97, 1997) In any special or regular election for a mem- ber or members to the Board of Trustees, if the Chapter 2.08 only matter before the voters is the election of ~ persons to office and if, at the close of business Standing-Committees on the nineteenth day before the election there are not more candidates than offices to be filled 2.08.010 Committees. at such election, including candidates filing affi- davits of intent, the Town Clerk, if instructed by At the' first regular meeting following the resolution of the Board of Trusteesreithep-befefe certification of the results of each biennial or after such date, shall cancel the election and election, the Mayor shall appoint three (3) the Board of Trustees shall declare the candi- Trustees to the following standing committees: dates shall be deemed elected. (Ord. 20-91Â§2, community development, public safetyi end 1991; Ord. 15-97, 1997) public worksi and utilities. (Ord. 26-88 Â§1(part), 1988; Ord. 7-03 Â§1,2003) 2.04.(BO040 Meetings. 2.08.(BO020 Special committees. The regular meetings of the Board of Trus- tees shall be held at the Municipal Building, 170 Special committees may be appeinted-as-the MacGregor Avenue, Estes Park, Colorado, on needs-efestablished by the Board 6f Trustees the second and fourth Tuesday of each and every may=-fequipe. The Mayor shall appoint all month at 7:00 p.m. Special meetings may be members of any special committee ef--the 2-3 Supp. 10 . Administration and Personnel Section 2.04.010 -Tewnsubject to the approval of the Board of Trustees. (Ord. 26-88 Â§1(part), 1988) 2-3 Supp. 10 . Administration and Personnel Section 2.08.040 2-.-08.040---iâ„¢4Bea~4 to insure public safety and/or to preserve and enhance the beauty of public grounds and (a) Creation. The Board shall consist of streets; recommendations concerning any seven (7) members who shall be appointed by portion of a tree overhanging any public the Mayor with the approval of the Board of street or right of way with regard to obstruc Trustees. The term of the members shall be four tion of view and the public safety; recom (1) years. The initial terms shall be three (3) mendations concerning the removal of all members with two year terms and four (3) mem dead, diseased or dangerous trees, broken or bee with four year terms. Following the initial decayed limbs which constitute a safety haz two year tenns, all terms shall be four (1) years. ard tothepublic. (Ord. 23 96Â§Â§1 3,1996; Any vacancy that shall occur during the term of Ord. 15 97, 1997) any member shall be filled by appointment by the Mayor with the approval of the Board of Trustees for the unexpired portion of said mom Chapter 2.12 ber's term. Members of the Board shall serve without compensation. Mayor (b) Administration. The Tree Board shall 2.12.010 Four-year term for Mayor. choose its own officers and make its own rules and regulations for the management of it duties. A Mayor shall be elected to serve a four-year term. (Prior code Â§3.1-2; Ord. 6-72 Â§1(part), (c) Duties and responsibilities. 1972; Ord. 15-97, 1997) (1) It shall be the responsibility of the 2.12.020 Duty to sign warrants or other Tree Board to study, investigate, develop and instruments; facsimile signature. administer a plan for the care, preservation, planting, replanting and removal of trees and All warrants or other instruments of payment shrubs in parks, along public streets and drawn upon the Town shall be signed by the rights of way, and in other public areas of the Mayor. The Mayor may execute, or cause to be Town. The Tree Board, when requested by executed, all such warrants or other instruments the Town Board, shall consider, investigate, of payment with a facsimile signature in lieu of make findings, report and recommend on any his or her manual signature upon his or her com- matter referred to it by the Board of Trustees. pliance with State statutes pertaining to fae- simile signatures. (Prior code Â§3.1-5; Ord. 14- (2) The Tree Board may forward to the 72 Â§1,1972; Ord. 15-97, 1997) Board of Trustees recommendations regard ing public tree resources including, but not 2.12.030 Vote required. limited to. the following: Recommended distance trees may be planted from sidewalks The Mayor shall have no vote upon any and curb lines; recommended distances for question except in the case of a tie vote. All planting of trees with regard to any street ordinances adopted and resolutions adepted corner or fire hydrant; recommendations authorizing an-the expenditure of money or the , concerning the planting, pruning and main entering into a contract require the approval and taining of trees and shrubs necessary signature ef--by the Mayor before they can become valid. (Prior code Â§4.8; Ord. 15-97, 1997) 2-4 I I. Administration and Personnel Section 2.16.010 Chapter 2.16 Chapter 2.20 Mayor Pro Tem Mayor and Trustees Compensation 2.16.010 Mayor Pro Tem. 2.20.010 Compensation of Mayor and the At its first regular meeting following the Board of Trustees. certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in The Mayor shall receive as full compensation the absence of the Mayor from any meeting of for his or her services the sum of six thousand the Board of Trustees, or during the Mayor's dollars ($6,000.00) per year during each year of absence from the Town or his or her inability to his or her term, payable in equal monthly pay- act, shall perform his or her duties. (Prior code ments. The Mayor Pro-Tem shall receive as full Â§4.2; Ord. 15-97,1997) compensation for his or her services the sum of five thousand dollars ($5,000.00) per year dur- ing each year of his or her term, payable in equal monthly payments. Each member of the Board of Trustees shall receive as full compensation for his or her services the sum of four thousand dollars ($4,000.00) per year during each year of his or her term, payable in equal monthly pay- ments. (Ord. 7-74 Â§1,1974; Ord. 9-80 41,1980: Ord. 8-86 41,1986; Ord. 15-97,1997; Ord. 3-00 41,2000; Ord. 3-08 Â§1,2008) Chapter 2.2{4 Town â‚¬tefkOfficers 2.2(4.010 -Town-â‚¬lerk; appeintmentAppointment. The Board of Trustees, at At its first regular meeting following certification of the results of a#ep-each biennial election, the Board of Trustees shall appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney, Municipal Judge, and Assistant Municipal Judge. and any other officers the Board of Trustees deems necessary for the good governance of the Town. In case of a vacancy in the office of Clerk, the Board of Trustees shall appoint a Clerk for the unexpired term. (Prior code Â§3.2; Ord. 15 97,1997) 2-5 Administration and Personnel Section 2.16.010 2.20*030020 Duty-te=keep the State and the rules and procedures FeeerdsOfficers' Duties. promengrated by the Supreme Court of the State. The Officers shall have the following duites: (1) Town Clerk The Town Clerk shall attend meetings of the Board of Trustees and make a true and accurate record of all the proceedings, rules and ordinances made and passed by the Board of Trustees. He or she shall be.the custodian of all of the Town's records. The Town Clerk shall perform such other duties as the Board of Trustees mav prescribe. (PfieF code Â§3.2 2; Ord. 6 90 Â§5, 1990; Ord. 15 97, -1.999 (2) Town Treasurer. The Treasurer shall receive all monevs belonging to the Town and give receipts therefor, keep the Town's books and accounts in such manner as may be prescribed by the Board of Trustees, keep a separate account of each fund or appropriation and the debts and credits belonging thereto and sign and pay all warrants and bills approved by the Board of Trustees. All books and accounts of the Treasurer shall always be subject to inspection of any member of the Board of Trustees. The Treasurer shall perform all other duties, keep all records and make all reports that are required by other provisions of this Code or by the laws of the State. (31 Town Attornev. It shall be the duty of the Town Attorney to attend meetings of the Board of Trustees as directed by the Mayor or the Board of Trustees, to draw all ordinances, contracts and other instruments when requested to do so, to prosecute or defend all suits brought by or against the Town, and to render such legal service to the Board of Trustees and other Town officers as they may require. (4) Municipal Judge, Assistant Municipal Judge. and Clerk of the Â·Municipal Court. The Municipal Judge, Assistant Municipal Judge and Clerk of the Municipal Court shall have all the powers, authority, duties, and shall follow procedures as provided therefore by the laws of 2-5 Administration and Personnel Section 2.16.010 2.2{4.050030--Other or appropriation and the debts and credits duties.Compensation. belonging thereto and sign and pay all warrants and bills approved by the Board of Trustees. All The Town Clerk, Town Treasurer, and any books and accounts of the Treasurer shall always other officers who are employees of the Town be subject to inspection of any member of the shall be compensated pursuant to the Town's Board of Trustees. (Prior code Â§3.3 2; Ord. 6 90 Employment Compensation Schedule. The Â§7,1990: Ord. 15 97,1997) Town Attorney shall be compensated in accordance with a Fee Schedule approved by the Board of Trustees. The compensation of the Municipal Judge, Assistant Municipal Judge, and Clerk of the Municipal Court shall be set by ordinance annually.The Town Clerk shall perform such other duties as the Board of Trustees may prescribe. (Prior code Â§3.2 1) 2.20.060 Deputy Town Clerk; duties. The Board of Trustees may appoint a quali fied person to serve as Deputy Town Clerk. In the event that the Town Clerk is unable to per form the duties of the Town Clerk, the Deputy Town Clerk shall perform the duties of the Town Clerk except for the signing of warrants. (Ord. 12 90 Â§1,1990) Chapter 2.21 Town Treaswer 2.24.010 Town Treasurer; appointment. The Board of Trustees, at its first regular meeting after each biennial election, shall appoint a qualified person as Town Treasurer. In case of a vacancy in the office of Treasurer, the Board of Trustees shall appoint a Treasurer for the unexpired term. (Prior code Â§3.3; Ord. 15 97, 1997) 2.24.030 Duty to keep records and render aeeount* The Treasurer shall receive all moneys belonging to the Town and give receipts there for, keep his or her books and accounts in such manner as may be prescribed by the Board of Trustees, keep a separate account of each fund 2-5 Administration and Personnel Section 2.24.040 2.4.040-Other-duties~ -Chapter 2.32 The Treasurer shall perform all other duties, GtheF-(Dfieefs keep all records and make all reports that are required by other provisions of this Code or by 2.32.010 Other officers. the laws of the State. (Prior code Â§3.3 3) The Board of Trustees, at its first regular meeting after each biennial election, shall â‚¬hapte,1-2&8 appoint qualified persons to serve as the Chief of Police, Municipal Judge and Assistant Munici TewB-Atte]:ney pal Judge, which officers shall have the powers and duties and perform the functions as provided 2.28.010 Town Attorney; appointment. or shall be provided by the Board of Trustees. (Prior code Â§3.5; Ord. 29 72 Â§1,1972; Ord. 7 86 The Board of Trustees, at its first regular Â§2,1986; Ord. 5 88 Â§1,1988; Ord. 26 88 Â§2, meeting after each biennial election, shall 1988; Ord. 6 90 Â§8,1990) appoint a qualified attorney at law as the Town Attorney. In case of a vacancy in the office of @hapteA-:44 Town Attorney, the Board of Trustees shall appoint a Town Attorney for the unexpired term. Fife-Depaftment The Board of Trustees may also appoint such Assistant Town Attorneys as it deems necessary. 2.11.010 Fire Chief; appointment. (Prior code Â§3.1; Ord. 31 72 Â§1, 1972; Ord. 15 '15 ... 1 J The Board of Trustees, at the first meeting fcllowing each biennial election, shall appoint a aa#,020---Duties. Fire Chief and two (2) Assistant Fire Chiefs. The Fire Chief shall have the general supervi It shall be the duty of the Town Attorney to sion and control of the Fire Department and its attend meetings of the Board of Trustees as facilities and equipment, and perform the duties directed by the Mayor or the Board of Trustees, as set forth in the Town ordinances, subject to to draw all ordinances, contracts and other the approval of the Board of Trustees. An instruments when requested to do so, to prose Assistant Fire Chief shall act for, and have the cute or defend all suits brought by or against the authority of, the Fire Chief in his or her absence. Town, and to render such legal service to the (Prior code Â§5.1; Ord. 25 72 Â§1,1972; Ord. 7 86 Board of Trustees and other Town officers as Â§ 1,1986; Ord. 15 97,1997) they may require. (Prior code Â§3.1 1; Ord. 31 72 Â§2,1972; Ord. 15 97,1997) 2.11.020 Volunteer fire department. The Town shall have a volunteer fire depart ment, and the Board o f Trustees shall furnish the funds for providing housing, and for maintaining and operating such fire fighting equipment as it deems necessary. (Prior code Â§5.2; Ord. 15 97, 4999 2-6 Administration and Personnel Section 2.52.040 â‚¬hapter-2,48 2.36.020 Functions and duties. PoIieel~epaFtment The functions and duties of the Town Ad- ministrator shall be as follows: 2.18.020 Chief of Police; appointment. (1) To be responsible to the Board of At its first regular meeting following each Trustees for the efficient administration of all biennial election, the Board of Trustees shall departments o f the Town government; appoint a Chief of Police who shall be the head of the Police Department. (Prior code Â§5.4; Ord. (2) To supervise the enforcement of all 15 97,1997) laws and ordinances: 2.48.040 Oath. Before entering upon the duties of his or her office, each police officer shall take and sub scribe an oath that he or she will support the Constitution and laws of the State, and Town ordinances, and that he or she will faithfully per form the duties of the office upon which he or she is about to enter. (Prior code Â§5.6; Ord. 15 2.18.070 Fund established. The Policemen's Pension Fund is that fund established by Part 3 of Article 30 of Title 31, C.R.S. 1973, as amended. (Prior code Â§5.10 1; Ord. 358 Â§1(part); Ord. 33 78 Â§1,1978: Ord. 15 Chapter 2.28 Town Administrator 2.28.010 Town Administrator; appointment. At its first regular following the certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Administrator. In case of a vacancY in the office of Town Administrator, the Board of Trustees shall appoint a Town Administrator for the unexpired term. (Ord. 21-75 Â§1(part), 1975; Ord. 15-97, 1997) 2-8 Supp. 18 & . Administration and Personnel Section 2.48.020 (3) To recommend an annual budget to by the laws of the State and the rules of the Board, to administer the budget as finally procedure promulgated by the Supreme Court of adopted and to keep the Board of Trustees the State. (Prior code Â§9.1: Ord. 1 70 Â§1(part), fully advised at all times of the financial 4-970 condition of the Town; 2.52.020 Compensation of Municipal (41 To recommend to the Board of Judges: Trustees for adoption such measures as he or she may deem necessary: and The Municipal Judge shall receive as com pensation for his or her services an annual salary (5) To perform such other duties as may of twenty thousand six hundred sixty one dollars be prescribed by ordinance or by direction of and ninety cents ($20,661.90): provided that any the Board of Trustees. (Ord. 21-75 41(part), Municipal Judge who serves for only a part of 1975; Ord. 15-97,1997) the year shall receive for his or her compen sation only a pro ram portion of the foregoing (6) The Town Administrator shall annual salary based upon the number of days he propose an administrative organization plan or she actually serves as Municipal Judge. The of the Town which shall be presented to the Assistant Municipal Judge shall receive as com Board of Trustees for approval. When the pensation for his or her services one hundred plan is approved bv the Board, it shall fifty dollars ($150.00) per court session become the administrative organization plan attended. (Prior code Â§9.2; Ord. 1 70 Â§1(part), of the Town, and all Town administrative 1970; Ord. 2 78 Â§1, 1978; Ord. 7 80 Â§1, 1980; procedures and functions shall be carried on Ord. 3 85 Â§1, 1985; Ord. 25 86 Â§1, 1986; Ord. in accordance with such plan. 32 87 Â§1,1987; Ord. 21 88 Â§1,1988; Ord. 15 89 Â§1, 1989; Ord. 15 90 Â§1, 1990; Ord. 12 92 Â§1, 1992; Ord. 12 91 Â§1, 1994; Ord. 1 98 Â§1, 1998; Ord. 15 99 Â§1,1999; Ord. 19 01 Â§1,2001; Ord. 20 03 Â§1,2003; Ord. 15.05, Â§1 2005; Ord. Chapter 2.5232 27 07 Â§ 1, 2007) Municipal Court 2.52.030 Clerk ofMunicipal Court. 2.5232.010 Municipal Court-â‚¬Feated: There is established the position of Clerk of jurisdiction; powers; authority; the Municipal Court. The Municipal Judge or elmesrpreeeoun. judges shall serve as ex officio clerk during the temporary absence, sickness. disqualification or There is created a Municipal Court to hear other inability of the Clerk to act. (Prior code and try all alleged violations of the Town ordi- Â§9.3; Ord. 1 70 Â§1(part), 1970; Ord. 15 97, nance provisionsâ€žwhich Court, and the Muni 1997) cipal Judge or judges and other officers, shall have all of the powers, authority, duties and 2.52.010 Compensation of Clerk of the shall follow the procedure as provided therefor Municipal-â‚¬ourt- The Clerk of the Municipal Court shall receive as compensation for his or her services 2-7 Supp. 17 Administration and Personnel Section 2.52.040 as Clerk of the Municipal Court an annual Chapter 2.6026 salary of ten thousand six hundred eighty four dollars and eighty cents ($10,681.80); provided Social Security Coverage that any Clerk of the Municipal Court who serves only a part of a year shall receive 2.603Â§.010 Social Security coverage. compensation for only that portion of the year he or she actually serves as Clerk of the Municipal The Board of Trustees has adopted an ordi- Court. (Prior code Â§9.1: Ord. 1 70 Â§1(part), nance extending the benefits of Old Age and 1970; Ord. 11 81 Â§1, 1981; Ord. 1 86 Â§1, 1986; Survivors' Insurance to its officers and employ- Ord. 25 86 Â§2,1986; Ord. 32 87 Â§2,1987; Ord. ees. The proper officers of the Town are author- 21 88 Â§2, 1988; Ord. 15 89 Â§2, 1989; Ord. 15 ized to continue making payroll deductions from 90 Â§2, 1990: Ord. 12 92 Â§2, 1992; Ord. 12 91 salaries and to make the required payment by the Â§2, 1991; Ord. 1 97 Â§1, 1997; Ord. 22 98 Â§1, Town and to do all other things necessary to 1998; Ord. 11 00 Â§1, 2000; Ord. 19 01 Â§1,2001; continue the coverage of the officers and Ord. 20 03 Â§1, 2003; Ord. 15 05 Â§1, 2005; Ord. employees of the Town in the Old Age and 27 07 Â§1,2007) Survivors' Insurance System. (Prior code Â§3.7) â‚¬hapter--156 â‚¬hapter-168 Salafies ill*Wn-2UlmiOiStratâ‚¬,F 2.6.040-8.lariesv 2.68.010 Town Administrator; appointment. The Board of Trustees shall fix the salaries or The Board of Trustees, at its first regular wages of all officers and employees of the meeting after each biennial election, shall Town. (Prior code Â§3.6) appoint a qualified person as Town Adminis trator. In case of a vacancy in the office of 2.56.020 Compensation of Alayor and the Town Administrator, the Board of Trustees shall Rea~d-ofT,zesteeb appoint a Town Administrator for the unexpired term. (Ord. 21 75 Â§1(part), 1975; Ord. 15 97, The Mayor shall receive as full compensation 4999 for his or her services the sum of six thousand dollars ($6,000.00) per year during each year of 2.68.030 Functions and duties. his or her term, payable in equal monthly pay ments. The Mayor Pro Tem shall receive as full The functions and duties of the Town Ad compensation for his or her services the sum of ministrator shall be as follows: five thousand dollars ($5,000.00) per year dur ing each year of his or her term, payable in equal (1) To be responsible to the Board of monthly payments. Each member of the Board Trustees for the efficient administration of all of Trustees shall receive as full compensation departments of the Town government; for his or her services the sum of four thousand dollars ($4,000.00) per year during each year of (2) To supervise the enforcement of all his or her term, payable in equal monthly pay laws-and-eFflinaneest ments. (Ord. 7 71 Â§19 1974; Ord. 9 80 Â§1, 1980; Ord. 8 86 Â§ 1,1986; Ord. 15 97,1997; Ord. 3 00 Â§ 1,2000; Ord. 3 08 Â§ 1,2008) 2-8 Supp. 18 Administration and Personnel Section 2.68.030 (3) To recommend an annual budget to 2.80.020 Definitions. the Board, to administer the budget as finally adopted and to keep the Board of Trustees Unless otherwise required by contract or use, fully advised at all times of the financial words and terms are to be defined for the condition of the Town: . purpose of this Chapter as follows: (1) To recommend to the Board of (1) Finance Oficer means the Town's Trustees for adoption such measures as he or Finance Officer or designee. :he may deem necessary; and (2) Owner means the person or entity, (5) To perform such other duties as may including a firm, corporation, partnership, be prescribed by ordinance or by direction of association, governmental entity other than the the Board of Trustees. (Ord. 21 75 Â§1(part), Town, or the duly authorized legal repre 1975; Ord. 15 97,1997) sentative or successor in interest of the same, which owns unclaimed property held by ihe 2.68.040 Admjnistrative organization. Tewn:- The Town Administrator shall propose an (33 Unclaimed property means any tan administrative organization plan of the Town gible or intangible property, including any which shall be presented to the Board of Trus income or increment derived therefrom. less any tees for approval. When the plan is approved by lawful charges, that is held by or under the the Board, it shall become the administrative control of the Town and which has not been organization plan of the Town, and all Town claimed by its owner for a period of more than administrative procedures and functions shall be one (1) year after said property has become carried on in accordance with such plan. 96. payable or distributable. Unclaimed property 21 75 Â§1(part), 1975) includes but is not limited to the following: a. Deposits for electric service; â‚¬hapteFÂ·-180 b. Overpayment on utility services; Unclaimed-Â·Pfepe#y c. Uncashed payroll checks; 2-:-80:644-liufpese- d. Money or property from police seizure; The purpose of this Chapter is to provide for e. Lost and found money or property the local administration and disposition of deposited with the Town, including weapons left unclaimed property which is in the possession of with the Police Department; and or under the control of the Town. (Ord. 1 92 Â§1, 4.992) 2-9 Supp. 17 .. Administration and Personnel Section 2.80.020 f. Unclaimed appearance bonds in (60) days of the date of the publication of the Municipal Court. (Ord. 1 92 Â§2, 1992; Ord. 15 notice, the property shall become the sole prop 97, 1997) erty of the Town and any claim of the owner to such property shall be deemed forfeited. 2.80.030 Procedure for disposition of peepeÂ«. (c) If the Finance Officer receives no written claim within the above sixty day claim (a) Prior to disposition of any unclaimed period, the property shall become the sole prop property having an estimated value of fifty dot erty of the Town and any claim of the owner to lars ($50.00) or more, the Finance Officer shall such property shall be deemed forfeited. send a written notice by certified mail, return receipt requested. to the last known address, if (d) If the Finance Officer receives a written any, of any owner of unclaimed property. The claim within the sixty day claim period, the last known address of the owner shall bc the last Finance Officer shall evaluate the claim and give address of the owner as shown by the records of written notice to the claimant within ninety (90) the Town department or agency holding the days that the claim has been accepted or denied property. The notice shall include a description in whole or in part. The Finance Officer may of the property, the amount or estimated value of investigate the validity of a claim and may the property, and, when available, the purpose request further supporting documentation from for which the property was deposited or other the claimant prior to disbursing or refusing to wise held. The notice shall state where the disbufsetheÂ·prepefty:Â· owner may make inquiry of or claim the prop crty. The notice shall also state that ifthe owner (e) In the event that there is more than one fails to provide the Finance Officer with a (1) claimant for the same property, the Finance written claim for the return of the property Officer may, in the Finance Officer's sole dis within sixty (60) days of the date of the notice, cretion, resolve said claims, or may resolve such the property shall become the sole property of claims by dcpositing the disputed property with the Town and any claim of the owner to such the registry of the district court in an inter property shall be deemed forfeited. pleadeP-aetien=- (b) Prior to disposition of any unclaimed (f) In the event that all claims filed are property having an estimated value of less than denied, the property shall become the sole prop fifty dollars ($50.00) or having no last known erty of the Town and any claim of the owner of address of the owner, the Finance Officer shall such property shall be deemed forfeited. cause a notice to be published in a newspaper of general circulation in the Town. The notice (g) Any legal action filed challenging a shall include a description of the property, the decision of the Finance Officer shall be filed owner of the property, the amount or estimated pursuant to Rule 106 of the Colorado Rules o f value of the property and, when available, the Civil Procedure within thirty (30) days of such purpose for which the property was deposited or decision or shall be forever barred. If any legal otherwise held. The notice shall state where the action is timely filed, the property shall be dis owner may make inquiry or claim the property. bursed by the Finance Officer pursuant to the The notice shall also state that if the owner fails order of the court having jurisdiction over such to provide the Finance Officer with a written claim. (Ord. 1 92 Â§3, 1992) claim for the return of the property within sixty 2-10 Supp. 17 Administration and Personnel Section 2.80.040 2.80.010 Police and fire pension benefits. The provisions of this Chapter shall apply to 2.40.010 Designation. any unclaimed property held by the Town as a benefit under the Town's Police and/or Fire Pen The Fire Chief of the Estes ValleY Fire sion Fund, unless the owner. within three (3) Protection District is hereby designated as the years after it has become payable or distribu Fire Chief for all duties and responsibilities of a table, has communicated concerning the fire chief set forth in the Municipal Code. unclaimed property, or otherwise indicate an interest as evidenced by o memorandum or other record on file with the Town. The provisions of Section 2.80.030 fhall be followed with regard to the procedure for disposition of said unclaimed property from the Police and/or Fire Pension Fund o f the Town. (Ord. 1 92 Â§ 1, 4992) , . 2.80.050 Sale or disposition of property. (a) At any time after any unclaimed prop crty becomes the sole property of the Town, pursuant to the provisions of Section 2.80.030 of this Chapter, the Finance Officer may, in his or her sole discretion, sell said property at a public or private sale without notice. The purchaser of said property, at any sale conducted by the Finance Officer pursuant to this Section, takes the property free of all claims of the owner or previous holder and all persons claiming through or under him or her. The Finance Officer shall execute all documents necessary to complete the transfer of ownership to the purchaser. (b) The Finance Officer may, in his or her sole discretion, at any time following the date upon which any unclaimed property shall become the sole property of the Town, destroy or dispose of any unclaimed property at any time. No action or proceeding may be obtained against the Town or the Finance Officer, on account of any action taken by the Finance . Officer pursuant to this Section. (Ord. 1 92 Â§5, 1992; Ord. 15 97, 1997) Chapter 2.40 Fire Chief ,2-11 Supp. 17