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Home My WebLink AboutPACKET Town Board 2010-12-14Prepared 11/29/10 FILE * Revised 12/10/10 TOWN oF ESTES PARIQ 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, December 14, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 23, 2010, and Town Board Study Session Minutes dated November 23, 2010. 2. Bills 3. Committee Minutes: A. Community Development/Community Services Committee, November 25, 2010 - Cancelled. B. Public Safety / Utilities / Public Works Committee, December 9, 2010. 1. Safeway Fueling Station Utility Easement. 4. Estes Valley Board of Adjustment Minutes dated November 2, 2010 (acknowledgement only). 5. Motion to set a public hearing date of January 25, 2011 on proposed rate changes for Water customers. 6. Motion to set a public hearing date of February 8, 2011 on proposed rate changes for Light and Power customers. *7 Resolution #19-10 - Schedule public hearing date of January 11, 2011 for Change of Location for a 3.2% Off-Premise Beer License held by GAEL INC. dba Casa Del Sol Y Luna Mini Market, from 920 Dunraven Street to 841 Dunraven Street Units A & B. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 10-1 9.3 1-4 2. REPORTS AND DISCUSSION ITEMS: 1. BOARD LIAISON UPDATES. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAPS 1. The Lodges at Black Canyon Inn Condominiums, Supplemental Condominium Map #2, 800 MacGregor Avenue, Building J, Jim Sloan/Applicant. 2. Bobcat Ridge Condominiums, Supplemental Condominium Map #2, 1459 S. St. Vrain Avenue, Unit 5, Mark Theiss/Applicant. 2. ACTION ITEMS: Mayor Pinkham: Open the Public Hearing. The formal public hearing will be conducted as follows: â€¢ Mayor - Open Public Hearing â€¢ Staff Report â€¢ Applicant Presentation â€¢ Public Testimony â€¢ Mayor - Close Public Hearing â€¢ Board Discussion & Motion to Approve/Deny. A. Ordinance #27-10, Amendment to the Estes Valley Development Code - Outdoor Display of Merchandise. 4. ACTION ITEMS: 1. REAPPOINTMENT TO ESTES VALLEY PLANNING COMMISSION. â€¢ Ron Norris, four-year term effective 1/1/2011, expiring 12/31/14. 2. ROCKY MOUNTAIN PARK INN LLC REQUEST TERMINATION OF FRANCHISE AGREEMENT WITH HOLIDAY INN. Deputy Town Administrator Richardson. 3. LOCAL MARKETING DISTRICT INTERGOVERNMENTAL AGREEMENT. Town Administrator Halburnt. 4. RESOLUTION #18-10 - 2010 SUPPLEMENTAL BUDGET APPROPRIATIONS. Finance Officer McFarland. 5. CREATIVE SIGN DESIGN REVIEW BOARD BYLAWS. Director Chilcott. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the AnpnrIA wAQ nrpnmrpri 6. SIGN CODE FEE SCHEDULE. Director Chilcott. 7. ORDINANCE #28-10 - 2009 INTERNATIONAL BUILDING CODE ADOPTION. Chief Building Official Birchfield. 8. REQUEST TO ENTER EXECUTIVE SESSION: (To be held in Room 130) 24-6-402(4)(D, C.R.S. - For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. Motion: I move the Town Board go into Executive Session- For the purpose of discussing a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees., under C.R.S. 24-6-402(4)(f). 9. ADJOURN. MEETING CANCELLATION NOTICE: The Town Board meeting scheduled December 28, 2010 has been cancelled. 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: Friday, December 10, 2010 4:24 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3765 ST. TIME 12/10 16:13 PGS. 3 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 6922611 EP News ERROR ----- 1 Jackie Williamson From: Admin iR3045 Sent: Wednesday, December 08, 2010 3:54 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3749 ST. TIME 12/08 15:44 PGS. 3 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 6922611 EP News ERROR ----- 1 Prepared 11/29/10 * Revised TOWN OF ESTES PARIL 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, December 14, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 23, 2010, and Town Board Study Session Minutes dated November 23, 2010. 2. Bills 3. Committee Minutes: A. Community DevelopmenVCommunity Services Committee, November 25, 2010 - Cancelled. B. Public Safety / Utilities / Public Works Committee, December 9, 2010. 1. Safeway Fueling Station Utility Easement. 4. Estes Valley Board of Adjustment Minutes dated November 2, 2010 (acknowledgement only). 5. Motion to set a public hearing date of January 25, 2011 on proposed rate changes for Water customers. 6. Motion to set a public hearing date of February 8, 2011 on proposed rate changes for Light and Power customers. 2. REPORTS AND DISCUSSION ITEMS: 1. BOARD LIAISON UPDATES. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAPS 1. The Lodges at Black Canyon Inn Condominiums, Supplemental Condominium Map #2, 800 MacGregor Avenue, Building J, Jim Sloan/Applicant. 2. Bobcat Ridge Condominiums, Supplemental Condominium Map #2, 1459 S. St. Vrain Avenue, Unit 5, Mark Theiss/Applicant. 2. ACTION ITEMS: Mayor Pinkham: Open the Public Hearing. The formal public hearing will be conducted as follows: â€¢ Mayor - Open Public Hearing â€¢ Staff Report â€¢ Applicant Presentation â€¢ Public Testimony â€¢ Mayor - Close Public Hearing â€¢ Board Discussion & Motion to Approve/Deny. A. Ordinance #27-10, Amendment to the Estes Valley Development Code - Outdoor Display of Merchandise. 4. ACTION ITEMS: 1. REAPPOINTMENT TO ESTES VALLEY PLANNING COMMISSION. â€¢ Ron Norris, four-year term effective 1/1/2011, expiring 12/31/14. 2. ROCKY MOUNTAIN PARK INN LLC REQUEST TERMINATION OF FRANCHISE AGREEMENT WITH HOLIDAY INN. Deputy Town Administrator Richardson. 3. LOCAL MARKETING DISTRICT INTERGOVERNMENTAL AGREEMENT. Town Administrator Halburnt. 4. RESOLUTION # -10 - 2010 SUPPLEMENTAL BUDGET APPROPRIATIONS. Finance Officer McFarland. 5. CREATIVE SIGN DESIGN REVIEW BOARD BYLAWS. Director Chilcott. 6. SIGN CODE FEE SCHEDULE. Director Chilcott. 7. ORDINANCE #28-10 - 2009 INTERNATIONAL BUILDING CODE ADOPTION. Chief Building Official Birchfield. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the Ar,pnrig wAR nrpnArpri 8. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(D, C.R.S. - For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. Motion: I move the Town Board go into Executive Session- For the purpose of discussing a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees., under C.R.S. 24-6-402(4)(f). 9. ADJOURN. MEETING CANCELLATION NOTICE: The Town Board meeting scheduled December 28, 2010 has been cancelled. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town of Estes Park, Larimer County, Colorado, November 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 November, 2010. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod Wendy Koenig Jerry Miller Also Present: Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Town Attorney White Cynthia Deats, Deputy Town Clerk Absent: Trustee Ericson Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. RESOLUTION OF RESPECT - "COMMUNITY THANKSGIVING FEAST". Mayor Pinkham honored Larraine Darling and Steve Misch for the time and effort they contribute to the planning, preparation, and success of this Thanksgiving event. RESOLUTION OF RESPECT. Retiring Community Development Director Robert B. Joseph, was honored for his years of service to the Town of Estes Park. ROOFTOP RODEO RECOGNITION. Rooftop Rodeo Committee' members presented Mayor Pinkham with a plague recognizing the Rooftop Rodeo as the "Best Medium-Sized Rodeo in the Professional Rodeo Cowboys Association Mountain States Circuit." PUBLIC COMMENT. None TOWN BOARD COMMENTS. Trustee Blackhurst encouraged the public to participate in the Citizen's Policy Academy (CPA) which will be held January 10, 2011, through February 10, 2011. Sessions will be held on Monday and Thursday evenings from 6 p.m. till 9 p.m. Mayor Pro Tem Levine said the Estes Park Pride Awards honor citizens in the categories of Volunteer of the Year, Business Person of the Year, Teacher of the Year, and acknowledge a graduating high school senior for community service activities, and urged the community to nominate those deserving of recognition. Trustee Koenig said she recently returned from a visit to Rocky Mountain National Park's sister park in the Tatra Mountains of Slovakia. Trustee Miller said that November 27th is "Small Business Saturday" and encouraged the public to patronize local businesses for their holiday shopping. Mayor Pinkham said a publicity shoot celebratin~ the holiday season was filmed for broadcast on Channel 9 on Monday, November 29 Board of Trustees - November 23, 2010 - Page 2 1. CONSENT AGENDA: 1. Town Board Minutes dated November 9, 2010, and Town Board Study Session Minutes dated November 9, 2010. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee, November 11,2010. 1. Contract for Fall River Retaining Wall at Wiest Drive, Mountain Concrete Company, $32,696.16. 4. Estes Valley Board of Adjustment Minutes dated October 5, 2010 (acknowledgement only). 5. Estes Valley Planning Commission Minutes dated October 19, 2010 (acknowledgement only). It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved, and it passed unanimously. L" 2. REPORTS AND DISCUSSION ITEMS: 1. TOWN BOARD LIAISON UPDATES. Trustee Blackhurst said agreements related to the Estes Park Housing Authority (EPHA) assuming management responsibilities for Talon's Pointe and Lone Tree apartment complexes have been completed enabling the EPHA to save money and return funds t6 the Town against their loan. Trustee Elrod reported on the NoGember 16th meeting of the Estes Valley Planning Commission (EVPC) .and noted topics of discussion included impervious surfaces and accessory dwelling units. Trustee Miller said the Local Marketing District (LMD) met last week and discuhed their destination marketing plan for 2011 which will target specific markets, .and invited the public and the Board to attend the LMD meeting scheduled for December 7 h at 2:00 p.m. in the Town Board room. 2. TOWN ADMINISTRATOR REPORT. â€¢ The Light and Power Department recently sponsored events at local hardware stores encouraging consumers to switch from incandescent Christmas bulbs to energy-efficient lighting. 214 strands of incandescent lights wdre exchanged for coupons good for $3 towards the purchase of LED Christmas lights. â€¢ Holiday activities planned for Friday, November 26, 2010, include hayrides, visits with Santa and his elves, and the Catch the Glow Parade. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. Outdoor Display of Merchandise Amendment to the Estes Valley Development Code (EVDC) - First Reading/Public Hearing. Planner Chilcott said two changes are proposed to the code: one updating a reference to the Larimer County Sign Code, and the second limiting the size of temporary outdoor sales and storage areas. The Sign Code Task Force recommended regulating the outdoor display of merchandise through the Development Code rather than the Sign Board of Trustees - November 23, 2010 - Page 3 Code; outdoor display of merchandise was removed from the recently adopted Sign Code. The revision would limit temporary outdoor sales to 10% of the gross lot area in the CO Outlying Commercial Zoning District and the I-1 Restricted Industrial Zoning District. Permits for temporary sales would still be required with the term of the temporary permit not exceeding 60 days. Planner Chilcott said the revision does not address downtown sidewalk sales as it is geared towards longer term sales and does not apply to activity within the CD Zoning District. Trustee Miller suggested, for clarity, that the permit term be described as being 60 consecutive days. Staff will review the code for other references to the permit term to see if this language is included in the definition section of the code and report back at the next Town Board meeting. It was moved and seconded (Levine/Miller) to continue the public hearing to the December 14, 2010, Town Board meeting, and it passed unanimously. B. Ordinance #25-10 - Rezoning - A metes and bounds parcel located at 440 Valley Road from E-1 Estate to RM Multi-Family Residential. Said property was rezoned from CO-Outlying Commercial to E-1 Estate during the adoption of the Estes Valley Development Code in 2000. The property has been utilized as multi-family residential since 1987, which was a permitted use in the CO Outlying Commercial zoning district. The applicant is requesting a corrective rezoning to RM Multi-Family Residential. Planner Chilcott stated that during the EVDC adoption in 2000 Larimer County Assessor records were used to identify existing land uses which inaccurately listed said property as single-family. She stated that had accurate information been available in 2000, staff would have made the recommendation to zone the property RM Multi-Family. The Estes Valley Planning Commission (EVPC) has reviewed the application and unanimously recommended approval. Staff received one letter opposing the rezoning. PUBLIC COMMENT. Denise DeLaney Borda, applicant, read a prepared statement outlining how the property has been utilized since purchased by her family in 1986, said it is her family's desire to improve the usability and appeal of the property, and asked that the recommendation of the EVPC be followed. Atty. White read Ordinance #25-10 into the record. It was moved and seconded (Blackhurst/Elrod) to approve Ordinance #25-10 rezoning a metes and bounds property located at 440 Valley Road, and it passed unanimously. 4. ACTION ITEMS: 1. PUBLIC HEARING - 2011 BUDGET - ADOPTION. Mayor Pinkham opened the public hearing and Finance Officer McFarland reviewed the budget adoption process and discussed the Highway User's Trust Fund. He said that the Fund consists of shared revenue, primarily derived from fuel tax and vehicle registrations, and estimated that in 2011 the Town will receive approximately $273,800, an increase from 2010 of approximately $30,000, to be utilized on projects such as street improvements, snow removal and plow blade work, vehicle and equipment usage, and traffic control items. As there was no public comment, it was moved and seconded (Levine/Koenig) to approve the Highway User's Trust Fund as presented, and it passed unanimously. Town Administrator Halburnt informed the Board that $.22 from each gallon of gas purchased goes into the Highway User's Trust Fund. Finance Officer McFarland continued by presenting Resolution #15-10 to set the mill levy which is required in order to allow the Town to levy and collect Board of Trustees - November 23, 2010 - Page 4 property taxes. Calculation of the mill levy is accomplished by using information from the Department of Local Affairs (DOLA) and for 2011 will be set at 1.822 mills, which will yield approximately $347,684 in property taxes. This is not a property tax increase but rather a restoration of the mill levy to 1.822 mills which is where the mill levy was capped when the Taxpayers Bill of Rights (TABOR) was passed in 1992. As there was no public comment, it was moved and seconded (Levine/Blackhurst) to approve Resolution #15-10 setting the mill levy at 1.822 mills, and it passed unanimously. Approval of Resolution #16-10 will adopt the budget for 2011. As there was no public comment, it was moved and seconded (Miller/Koenig) to approve Resolution 16-10 adopting the 2011 budget, and it passed unanimously. Adoption of Resolution #17-10 appropriates sums of money to execute the budget and states that revenues within each fund are sufficient to support expenditures. As there was no public comment, it was moved and seconded (Levine/Blackhurst) to approve Resolution #17-10 appropriating sums of money, and it passed unanimously. 2. ORDINANCE #26-10 BUILDING CONTRACTOR LICENSING. Director Joseph stated that subsequent to the passage of a building contractor licensing requirement by Larimer Cotinty and in order to provide consistency between jurisdictions, staff used Larimer County's program as a template to produce a qualifications-based contractor licensing program for the Town. To be issued a license, a contractor mdst hold a current Town of Estes Park business iicense and either pass an International Code Council (ICC) exam, possess a license from another Colorado jdrisdiction with similar standards, or satisfactorily document experience in their fidld. Contractors who meet the requirements will be issued a building contractor license by the Chief Building Official (CBO). Trustee Kodhig expressed concern that licensing would make it difficult for an individual to get started in business as a building contractor. She also questioned how licensing would affectindividuals wishing to work on their own properties, or,to have family members do work on their properties. CBO Birchfieldhsaid & cont?actor would not be subject to getting a contractor license if working under anofher licensed general contractor and in this way could work and acquire e*perience in the construction trades. He said homeowners are allowed to work on the property they own and occupy and that the homeowner would be allowed to act as general contractor for a project on their home without obtaining a contractor license. However, any subcontractor hired by the homeowner acting as a general contractor would be subject to building contractor licenking requirements. PUBLIC COMMENT. Frank Theis, Town resident, expressed concern with adding regulations when they are not needed, stating he is unaware of any situations in the past 11 years that merit adopting building contractor licensing requirements. He is also concerned with the effect licensing will have on home owners and business owners who normally do work on their own properties. Judy Nystrom, Town resident, addressed the Board on behalf of Habitat for Humanity. She read a statement prepared by Joe and Mary Liz Adair, co- presidents of Habitat for Humanity, related to the financial burden contractor licensing would create if those volunteers working on Habitat homes are required to become licensed. CBO Birchfield said the ordinance speaks to people being compensated for their work, which would exclude volunteers from the licensing requirement. Atty. White concurred that volunteers are not subject to the ordinance. Board of Trustees - November 23, 2010 - Page 5 Paul Brown, Town resident, said he took the ICC exam and became licensed in Larimer County, and reviewed his experience with the licensing process. He said no evidence has been presented that illustrates a serious threat to the health, welfare, or safety of the community that would create a need for building contractor licensing. He said taking a test is no assurance of quality, and expressed concern for shop and business owners who work on their own properties. Trustee Koenig voiced opposition to approval of Ordinance #26-10 stating it will drive up construction costs and rental costs, and add an unnecessary level of bureaucracy. Mayor Pro Tem Levine said he supports the ordinance to ensure public safety. Trustee Miller said contractor licensing is a common practice and the ordinance is an attempt to provide uniformity across the Estes Valley. Attorney White read Ordinance #26-10 into the record. It was moved and seconded (BlackhursULevine) to approve Ordinance #26-10 Building Contractor Licensing, and it passed. Those voting "Yes" Trustees Blackhurst, Elrod, Miller, and Mayor Pro Tem Levine. Those voting "No" Trustee Koenig. 3. TRANSPORTATION HUB - INCREASE SCOPE OF WORK. In spring 2009, Public Works contracted with David Evans Associates (DEA) to develop and design a park and ride-type transportation hub at Stanley Park Fairgrounds to allow the Town to compete for American Recovery and Reinvestment (ARRA) funds. Although unsuccessful in securing ARRA funds, the Town did obtain state Congestion Mitigation and Air Quality (CMAQ) grant funding to construct the project. At the same time, utility infrastructure and drainage systems were to be designed as part of a multi-purpose events center (MPEC) project, which is currently unfunded. Staff is recommending increasing the scope of work of the original $27,241 contract with DEA, in the amount of $37,178, for a total of $64,419, to include utility infrastructure and drainage systems now necessary for construction of the transportation hub. Project Manager Sievers said the increased scope would include a storm water system and detention basin, extend water and sewer mains, a lighting plan, irrigation and landscaping plans, plans for a pedestrian shelter on Manford Avenue, and communication lines for future use. Proposed completion of the transportation hub project is June 2011. Trustee Blackhurst said this item was referred to the full Board by the Public Safety/Utilities/Public Works (PUP) Committee and that it makes sense to extend the contract with the original designer to complete infrastructure work that needs to be done. Mayor Pro Tem Levine and Trustee Miller expressed concern with the transportation hub not having been subject to a competitive bidding process and asked if these improvements had already been developed in conjunction with the MPEC design. Town Administrator Halburnt said that due to time constraints the original contract was sole-sourced to DEA, but that Dir. Zurn was familiar with the firm and their work in transportation and with the State of Colorado. Project Manager Sievers said these improvements have not yet been designed and stated that the total design price of $64,419, is competitive and comes in at 4.5% of the total project, well below both the industry standard of 10-12%, and the standard for government jobs of 20-23%. Trustee Miller requested that staff look into alternative forms of drainage control per Environmental Protection Agency (EPA) recommendations, if it would not delay the project. Project Manager Sievers said the final design plans will be reviewed by the Colorado Department of Transportation in order to receive final approval for construction of the project. PUBLIC COMMENT. Bonnie Watson, Town resident, expressed concern about the cost of the transportation hub and other Town projects. She said the cost of the hub was Board of Trustees - November 23, 2010 - Page 6 originally reported to be $950,000 and is now up to $1.5 million, and asked whether the money to increase the scope of the design is budgeted. Administrator Halburnt stated that Public Works Dir. Zurn has applied for another grant in the amount of $250,000, however, he has not heard whether it has been awarded to the Town; and also stated that the Community Reinvestment Fund has a balance of over $2 million, which will cover the cost of the project. Project Manager Sievers said the scope and cost of the project has fluctuated as additional funds have become available, some through CDOT which is partnering with the Town to reduce air pollution resulting from idling engines and unnecessary laps through downtown. After discussion related to the cost of the project the Mayor requested that staff provide a document outlining the full scope of the project and all associated costs. As there were no additional comments, it was moved and seconded (BlackhursULevine) to approve an increase in the budget for the transportation hub design by $37,178 payable from account #204-5400- 544-22-02, and it passed. Those voting "Yes" Trustees Blackhurst, Koenig, Miller, and Mayor Pro Tem Levine. Those voting "No" Trustee Elrod. Whereupon Mayor Pinkham adjourned the meeting at 9:24 p.m. William C. Pinkham, Mayor Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 23, 2010 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 201/202/203 in said Town of Estes Park on the 23rd day of November, 2010. Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig, and Miller Attending: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Koenig, and Miller Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White, and Deputy Town Clerk Deats Absent Trustee Ericson Mayor Pinkham called the meeting to order at 5:30 p.m. VOLUNTEER BACKGROUND CHECKS. Subsequent to discussion at the October 12, 2010, Town Board Study Session, Deputy Town Administrator Richardson researched practices related to performing background checks or screenings on volunteers and address concerns associated with safety and liability. Research was conducted primarily on-line and through consultations with Town Attorney Greg White and Colorado Intergovernmental Risk Sharing Agency (CIRSA) Attorney Tami Tanoue. DTA Richardson said that volunteers are protected at the federal, state, and local level, and Town volunteers acting within the scope of their duties are afforded the same protection as full-time Town employees. The Town provides volunteers with Volunteer Accident Medical Plan (VAMP) coverage; liability protection when acting within the scope of defined or instructed duties; and access to volunteer board liability insurance if the volunteer group is registered as a corporation with the State of Colorado. Atty. White and Atty. Tanoue agreed that when volunteers fail to conduct themselves within the scope of their defined duties they face exposure to personal liability if a claim is filed. The Town utilizes two types of volunteers: those appointed by the Mayor and approved by the Town Board, and volunteer groups which are managed through the administrative process of the Town and/or have a written agreement with the Town outlining roles, responsibilities and expectations. Attorneys White and Tanoue recommend background checks be conducted on volunteers who work with the elderly, with youth, or handle public funds. DTA Richardson said there are three types of background checks: a national criminal history arrest record check through the National Crime Information Center (NCIC); a state arrest record check through the Colorado Crime Information Center (CCIC); and a local records check through local law enforcement. The most intrusive NCIC background check is specified "for official use only" and is available to authorized law enforcement agencies for official purposes, leaving the CCIC and local background checks as options for screening Town volunteers. Town Administrator Halburnt said that since 2008 background checks have been done on applicants for advertised board vacancies and proposed that checks be performed for all other volunteer positions as well. DTA Richardson said he reviewed the Volunteer Manual for the Town of Breckenridge which is considered "state of the art", but found it to be intense and restrictive. He stated it is the responsibility of management to make sure Town employees work in a safe, secure environment, and proposed, at a minimum, applying the following five recommended practices to the management of all Town of Estes Park volunteers: RECORD OF PROCEEDINGS Town Board Study Session - November 23, 2010 - Page 2 1. An adequate selection and screening process. 2. Job descriptions for volunteers. 3. Adequate routine training for volunteers. 4. Waivers or release of liabilities. 5. If partnered with non-profit groups a written agreement is recommended. The Trustees questioned whether background checks are too invasive for those wishing to volunteer in local government; and stressed the need for consistency with Larimer County practices. Trustee Miller said he considers members of volunteer boards acting independently from Town direction, legislative volunteers; and those working under the direction of department heads, administrative volunteers, each dictating a different level of screening. He expressed concern that background checks may convey mistrust and discourage participation in local government. Discussion continued: volunteers are appreciated as they help accomplish the Town's mission without increasing budget; five hundred people per year volunteer; concerned about people convicted of violent crimes working with Town staff; past convictions may not have anything to do with abilities or security; convictions in states other than Colorado would not be discovered by background check; require screening for those volunteers working with seniors, youth, money, and those driving Town-owned motor vehicles, or driving their own vehicles for Town business; adds a level of bureaucracy that is not advantageous to the community; background checks at the discretion of department head would lead to inconsistencies; policy should be consistent and specific; volunteer liability and counsel recommendation is basis for screening; and establish volunteer job descriptions and training. Trustee Koenig suggested establishing processes for all volunteers that would include training to provide information related to Volunteer benefits, general information about the Town of Estes Park, outline responsibilities and expectations, and offer specialized training when appropriate. Asked how information from a background check would be utilized and protected, Administrator HalbOmt said Human Resources procedures meeting statutory requirements woed be followed. She said background check information would not automatically disÂ®alify an applicant nor be used as a single piece of information to make a decision about an applicant. She said background checks would not be performed On all applicants for a vacancy, but only on applicants selected for interviews. Administrator Halburnt said staff would compile a list of volunteer committees/boards and departments utilizing volunteers in order to be more specific as to background check requirements. She also haid staff would do further checking in to Larimer County's practices related to background checks. OPEN DISCUSSION. No discussion due to time constraints. FUTURE AGENDA ITEMS. Town Board Study Session - December 14,2010 â€¢ Synopsis of Utility Rate Studies for Light and Power and Water â€¢ Town Board Meeting Procedures Administrator Halburnt said that additional information related to the topic of health insurance and self-insurance is being gathered by Dutch Ross of Ross Benefits Consulting. She said the Town can expect 20% increases annually for coverage with a fully-insured company. There being no further business, Mayor Pinkham adjourned the meeting at 6:46 p.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, December 9, 2010 Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 9th day of December, 2010. Committee: Chair Blackhurst, Trustees Ericson and Koenig Attending: Chair Blackhurst, Trustee Koenig Also Attending: Deputy Town Administrator Richardson, Chief Kufeld, and Deputy Town Clerk Deats Absent: Trustee Ericson and Town Administrator Halburnt Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. PUBLIC SAFETY. Reports provided for informational purposes and made a part of the proceedings. 1. Police Department 3rd Quarter Statistics - Sgt. Kenney reviewed the statistics for 3rd quarter 2010 including Group B crimes, investigations, dispositions, total telephone calls, total incidents, and total 911 calls. He noted that the number of 911 calls has increased over last year at this time, but that total calls had decreased, which is attributed to code enforcement no longer being a responsibility of the Police Department but rather that of the Community Development Department. He reported that Blue Santa will be delivering holiday boxes to 60 families over the weekend of December 11th and 12th~ and noted that 43 families received assistance in 2009. UTILITIES. UTILITY EASEMENT - SAFEWAY FUELING STATION. Staff presented a utility easement required for underground conduit which services streetlights around the perimeter of the newly built Safeway fueling station. Utilities Engineer Bergsten explained that standard utility easements through private property do not require Town Board approval, but Safeway requested the fueling station easement be approved and signed by the Mayor. The easement was prepared by Safeway attorneys and reviewed by Town Attorney White. The Committee recommends approval of the utility easement for the Safeway fueling station to be included on the consent agenda at the December 14, 2010, meeting of the Town Board. There being no further business, Chair Blackhurst adjourned the meeting at 8:09 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment November 2, 2010, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Bob McCreery, Members John Lynch, Chuck Levine, Wayne Newsom, and Pete Smith; Alternate Member Jeff Moreau Attending: Chair McCreery, Members Levine, Newsom, Lynch, and Moreau Also Attending: Director Joseph, Planner Chilcott, Planner Shirk, and Recording Secretary Thompson Absent: Member Smith Chair McCreery called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA a. Approval of minutes of the October 5, 2010 meeting. It was moved and seconded (Newsom/Levine) to approve the minutes as presented, and thb motion passed unanimously. 3. PORTION OF LOT 9, MOUNT VIEW PARK SUBDIVISION, 250 GRANITE LANE - Variance from Estes Valley Development Code Section 4.3, Table 4-2, which requires 25-foot setbacks from property lines in the E-1-Estate zone district. Request to allow an eight (8) foot encroachment into the side setback and a five (5) foot encroachment into the front setback to construct an addition to the existing dwelling. Staff Report: Planner Chilcott reviewed the staff report. The property is adjacent to MacGregor Ranch, and is accessed from Evergreen Lane. The property is in the E-1 Estate zone district. Adjacent properties to the south, east, and west are zoned E-1 Estate, while MacGregor Ranch is zoned RE-1 Rural Estate. There are a few properties in the neighborhood zoned R-2 Two-Family Residential and RM-Multi-Family Residential. She stated the first request is to allow an encroachment into the side setback for construction of a proposed partially- covered second-floor deck 17 feet from the east property line, with an eave extending an additional one and one-half feet. There is an existing concrete pad below the proposed deck that would be extended approximately two feet. There is a second variance request to remove and replace a covered entryway that is currently 20 feet from the northern property line. In reviewing variance requests, Staff and the Board of Adjustment review for compliance with the standards and criteria set forth in the Estes Valley Development Code (EVDC) Chapter 3.6.C. The applicant must demonstrate that special circumstances exist on the property and also that there is practical difficulty in complying with the setbacks. Staff recommends the Board use their best judgment in determining whether these special factors exist. The lot is 0.34 acre, which is undersized for the E-1- Estate zone district (one acre). This lot would be more suited to the E-Estate zone district, which has a one-half acre minimum lot size and 10-foot side yard setbacks. The existing dwelling was built in 1977, prior to the establishment of the EVDC setbacks. The property was originally zoned R-2-Multi-Family Residential and setbacks from all property lines were ten feet. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 November 2, 2010 Planner Chilcott stated there were a number of fact6rs to consider in determining practical difficulty. The property could have beneficial use as a single-family dwelling without the variance. Planner Chilcott recommended the Board use'their best judgment in determining whether or not the variance was substantial. A typical factor to review is if the applicant is requesting a reduction in Aetbacks more than the setbacks in place prior to the EVDC. Another factor to consider id whether or not the essential character of the neighborhood would be substantially. altered, or the neighboring property owners would suffer a substantial detriment' by this variance: The adjacent dwelling nearest to the location of the variance is approximately 120 feet downhill and screened by trees. After routing the application, there was no opposition from utility providers. Prior to the meeting, one neighboring property owner expressed opposition to this request. The current owner purchased the property in 2008, after the 25-foot setbacks were in place, indicating there was knowledge of the setbacks. The applicant received a copy of an Improvement Location Certificate prepared in 1995, when side the setback was 10 feet, and was under the impression that the minimum setback was 10 feet. In determining whether there are alternatives in lieu of the variance, staff determined the existing entryway roof could be maintained rather than replaced, and would not require a variance request. The proposed deck could be narrowed, not built at all, or moved to a different location in lieu of the variance request. Staff recommended the Board use their best judgment in determining whether or not to approve the request. Planner Chilcott stated the two requests could be voted on separately, if desired. If approved, Staff recommended two conditions of approval: 1) compliance with the application; and 2) a Colorado registered land surveyor provide the Town with a stamped setback certificate prior to tlie deck piet inspoction. Board and Staff Disaudsioh: After questions from the Board, it was determined that 1)a new home could be built on the prbpdrty directly east of the applicant's dwelling only if the existing dwelling were temdved; 2) there would be an extension of approximately two feet to the concrete pad underneath the proposed deck; and 3) if would be poisible to extend the deck to the south without requesting a variance. Public Comment: Michael Childs/Applicant stated the original location of the dwelling on the lot created an automatic setback violation when the zone district was changed. He stated the 25-foot setback on the small lot was unrealistic. He stated the entryway roof needed to be replaced due to a poor design, and it would not be feasible to change the location of the proposed deck. The concrete slab would be extended to make it functional. John Carmeletto/Town Resident lives in the neighborhood and was concerned about possible existing access dasementd. Planner Chilcott' researched the, subdivision plat, noting that Granite Lane was platted right-of-way wheh Mount View Park subdivision was created in 1910. Director Joseph explained the process used for rezoning property in the Estes Valley done in conjunction with the implementation of the EVDC in 2000. Doug Gertsch/Contractor stated the improvements to the existing dwelling would give it more of a "mountain" look. Mark Magnuson/Town resident represented Mrs. Joan Magnuson/adjacent property 0-wner. He stated Mrs. Magnuson was in favor of making improvements to the property, but opposed to the encroachment into the setback. He asked for clarification on the amount of the encroachment into the front setback. He was concerned that a property owner could enclose the area covered by the concrete slab without obtaining a variance approval. Planner Chilcott explained that tybically once you havfan encroachment into the setback, other improvements within that encroachment would require additional approvals. She stated enclosure of the deck' would be significant enough to-warrant an additional variance application. In terms of the occupancy, if the area under ttie proposed deck were to be enclosed, Planner Chilcott stated it would not change the number of individuals that could occupy the home. Mr. Magnuson stated that any future development on Mrs. Magnuson's lot could result in more crowding on the west side of her lot. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 November 2, 2010 Planner Chilcott and Director Joseph agreed that, if approved, the variance would only apply to what has been submitted and reviewed in this application. However, any property owner retains the right to obtain a variance in the future. Planner Chilcott emphasized that when an application is received, it is typical to review all past history and conditions of approval on the property prior to making any recommendations to the Board. Chair McCreery asked for more information from the public in attendance as to how this variance would damage the neighborhood and affect property values for adjacent property owners. Patrick Losee/Town resident was opposed to the variance request. Mark Magnuson was in favor of improvements to the dwelling, but thought they should be completed within the setbacks. It was moved and seconded (Levine/Newsom) to approve the variance request for the five-foot encroachment in to the front setback with findings recommended by staff, and the motion passed unanimously. It was moved and seconded (Levine/Moreau) to approve the variance request for the eight-foot encroachment into the side setback, with the variance limited specifically to the plans proposed in the variance application with findings recommended by staff, and the motion passed unanimously. Comments from the Board included: support for the motion because the dwelling was already encroaching into the 25-foot setbacks; no substantial detriment to adjacent property owners. 4. REPORTS Director Joseph announced his upcoming retirement, stating his last day will be December 3,2010. He expressed thanks to the Board and wished them success in the future. There being no further business, Chair McCreery adjourned the meeting at 9:50 a.m. Bob McCreery, Chair Karen Thompson, Recording Secretary RESOLUTION # 19-10 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a Change of Location for a 3.2% Off Premise Beer License, filed by, GAEL, INC. dba Casa Del Sol Y Luna Mini Market, from 920 Dunraven Street to 841 Dunraven Street Units A & B, Estes Park, Colorado, is December 10,2010. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Town Hall, 170 MacGregor Avenue, on Tuesday, January 11. 2011 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.43 miles, as measured from the center of the applicant's property. DATED this day of ,2010. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 20 TOWN OF ESTES PARIQ_ Memo (Ry]Ii[FEIif[Dre:M:fMF;Terin TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Dave Shirk, Planner 'j;P~ Date: December 14, 2010 RE: SUPPLEMENTAL CONDOMINIUM MAP - The Lodges at Black Canyon Inn Condominiums, Supplemental Condominium Map #2,800 MacGregor Avenue, Building J, Jim Sloan/Applicant Background: The applicant, Jim Sloan, has submitted a supplemental ./ 6. - F+4 - condominium map application for The Lodges at Black Canyon Inn ~/ St Bart's /,t Bldg.IJ location Condominiums. This consists of the Rt Â®, 1 L (approx.) recently constructed Building J, which 1*1 Z contains the office and an employee )&~ Y dwelling unit. The property is addressed -701 :1 800 MacGregor Avenue and is zoned "A" , 1 1- Accommodations/Highway Corridor. ; 1 -mmu +i This supplemental map is consistent with i ~ -- 1 . the final map approved by the Town Board at the February 10,2004 hearing. Community Development Staff recommends approval of this proposed supplemental condominium map. Budget: N/A Staff Recommendation: Community Development Staff recommends approval of The Lodges at Black Canyon Inn Condominiums, Supplemental Condominium Map #2. Sample Motion: I move to approve (or disapprove) The Lodges at Black Canyon Inn Condominiums, Supplemental Condominium Map #2. Page 1 I ' 4 Sifilli! 6 ii 1414-1; i: i':U I li DI -1 22 01 @ 2 militia t! 01/9//TILE,j 1 8 11 1 lity""LI""11"'i~*lij liil ' ' i litti!:~igi~,ii;:iihil im 1.10 it | 8|1: Mi j - 35 027 1 11 N 1 1 8"Qi:fill.!k;11;41:11911,22 113 r J 0 Ar i :.li M#-F; i 4,ulf W = :MN, .Â¥ 0 'b8 tul_-=J WI~ k 4 1 1 11'gllog:wilih,41,12}; i Elil i :1 1 5 f m lillii 11 1 1!1 %1222--il!1: 2 0 :ap; m Â¥ B. 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I r-Â£3 -1 E i e .Â»st M 1 9 11_ L__ ~-1 9 9 6 f ' U 4:27% f " & al ix: 9 11 4zs 14 W - 11 Iii! - - 8,10 /7/ migng Â§46~ 1 ,~4555~n \Al 0 e 22 1 1 r \A\ RE-4 -41 39â€¢ 1-5-4 :' N J 1 /6. 1 la Z A' M 11 Al i + 1 - ~ f * F - i R k 0 1 V57 G. 1 / 4 U 0. 2 . f . 04iiÂ·,1 Râ€¢ 1 1 1 14*8:111 im * 2111!lii 4 8 03;252 Za Amt -CE CCK SECHON B-B 2 lINA 2 11Nn 210011 PU IN16*S 24, ON R73Vv LARIMER, ST-ATE ~F COLORADO SECTION A- A G-W SÂ¥ S., TOWN or ESTES PARIÂ© Memo Community Development TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Dave Shirk, Planner,25 Date: December 14,2010 RE: SUPPLEMENTAL CONDOMINIUM MAP - Bobcat Ridge Condominiums, Supplemental Condominium Map #2,1459 S. St. Vrain Avenue, Unit 5, Mark Theiss/Applicant Background: The applicant, Mark 1 Theiss, has submitted a supplemental condominium map application for Bobcat Ridge Condominiums. This is the second -*-.*- and final supplemental map and consists of Unit 5. The site is located at the 1 htÂ«-7, northwest corner of Highway 7 and Â· ~ Unit 5 ~ 4 Tranquil Lane and is zoned RM-Multi- ~ location / i~ Family Residential. ~ (approx.)_J This supplemental map is consistent with the final map approved by the Town - 1 Board at the June 2007 hearing. Community Development Staff recommends approval of this proposed supplemental condominium map. Budget N/A Staff Recommendation: Community Development Staff recommends approval of the Bobcat Ridge, Supplemental Condominium Map #2. Sample Motion: I move to approve (or disapprove) the Bobcat Ridge, Supplemental Condominium Map #2. Page 1 -- gU Â£67*4**m .jtw #11 =9. OGYNO'IOD 'NZIVd Sl[,SQI ~ ---- 9,41*3AinS ONY 9Nm33NI9113 NHOH NVA U 'EInS .LEIGLiVNVHS 'VE 107 '9 J,INA -03d dVM 'OaNOO 'IV.LNEN[rIddnS GNOOES ti.,4 1 All N.10/ :11.1 -R:di t a f . U.2 i 0/ 70R1/3 0%*ii: If sylidi b b X Al.5..frl! 1 . I. 'krl --d b. . ' '4,81,1'Â·~of~- 8 j ~7 ~i X 1 f . 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TOWN OF ESTES PARIÂ© Memo 4'Iâ€¢] 11]' ill lili t~~AkiULW.1.1~LU - 1.- ' 70 L./- -1- , TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Interim Community Development Director Date: December 14, 2010 RE: Ordinance #27-10, Amendment to the Estes Valley Development Code - Outdoor Display of Merchandise Background: This is a proposal to amend the Estes Valley Development Code. The proposed amendments are in follow-up to the recently adopted Sign Code, and would: 1. Limit the size of temporary outdoor sales and storage areas (outdoor display areas), and; 2. Update a reference to the Larimer County Sign Code. These proposed amendments follow the Sign Code Task Force recommendation that outdoor display of merchandise be regulated through the Development Code rather than the Sign Code. The Sign Code adopted in November 2010 removed outdoor display of merchandise from the Sign Code, and outdoor display is no longer treated as a sign or subject to the maximum signage allowances. This is the second and final reading by Town Board, following the November 23 first reading. The Board of County Commissioners will hear this item at 3:00 PM, Tuesday January 18, 2011. Exhibit A includes code language for all of Sections 5.3 and 8.1, and is intended to provide context. For the sake of brevity, the Ordinance includes only the proposed amendments to the Code. Budget: N/A Planning Commission Recommendation: On October 19, 2010, the Estes Valley Planning Commission unanimously recommended approval of the amendments delineated in Exhibit A. Sample Motion: I move to adopt (or deny) Ordinance #27-10. Page 1 Exhibit A Outdoor Display of Merchandise FORMAT: 1) Existing text. 2) Proposed new text. 3) Toxt to bo romovod. Â§ 5.3.D TEMPORARY USES ALLOWED 1. Temporary Seasonal and Holiday Sales. a. Holiday or seasonal sales activities, such as sales of Christmas trees or farm produce, shall be permitted temporary uses in the following zoning districts: (1) CO Outlying Commercial Zoning District. (2) I-1 Restricted Industrial Zoning District. b. The term of the temporary use permit shall not exceed sixty (60) days. c. Permitted sales activities may occur within required zone district setbacks, provided that the following conditions are satisfied: (1) No activity or display shall encroach into a required setback by more than fifty percent (50%) of the required setback; (2) No activity or display shall be located within twenty-five (25) feet of an abutting residential lot; and (3) No activity, display or related equipment shall be located within a required intersection or driveway sight triangle. d. Temporary seasonal and holiday sales shall not include retail sales of bulk household goods, such as furniture, carpets, art worldpaintings or similar items, and shall not include retail sales of prepared or processed food products. e. The outdoor sales and storage area shall be limited to ten percent (1056) of the Gross area of the lot. Â§ 8.1 COMPLIANCE WITH TOWN AND COUNTY SIGN CODES A. Signs in the Town of Estes Park. All signs in the Town of Estes Park shall comply with the Estes Park Sign Code, set forth in Chapter 17.66 of the Town of Estes Park Municipal Code, as amended from time to time. B. Signs in Larimer County. All signs in unincorporated Larimer County shall comply with the Larimer County Sign Code, set forth in Â§84 Chapter 10 of the Larimer County Land Use Code, as amended from time to time. December 14, 2010 Town Board ORDINANCE NO. 27-10 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, SECTION 5.3 REGARDING OUTDOOR USES AND SECTION 8.1 REGARDING COMPLIANCE WITH TOWN AND COUNTY SIGN CODES WHEREAS, the Estes Valley Planning Commission has recommended amendments to the Estes Valley Development Code, Section 5.3.D "Temporary Uses Allowed" and Section 8.1 "Compliance with Town and County Sign Codes"; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, Section 5.3.D "Temporary Uses Allowed" and Section 8.1 "Compliance with Town and County Sign Codes" recommended for approval by the Estes Valley Planning Commission be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth herein: (a) Section 5.3.D.1.e: The outdoor sales and storage area shall be limited to ten percent (10%) of the gross area of the lot. (b) Section 8.1.B: All signs in unincorporated Larimer County shall comply with the Larimer County Sign Code, set forth in Chapter 10 of the Larimer County Land Use Code, as amended from time to time. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2010. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular 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, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk TOWN OF ESTES PARIQ :Fam rif:4-L -- .... Memo =2-a-1.--1...Be~ - 1 TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Interim Community Development Director Date: December 14, 2010 RE: Reappointment to Estes Valley Planning Commission Background: The Estes Valley Planning Commission is a joint Town/County commission that reviews land use applications within the Estes Valley. The commission consists of seven volunteer appointed members. Members are appointed for four-year terms. A four-year position is open. Staff posted the position in the Estes Park Trail-Gazette and received two applications. An interview team consisting of Trustee Blackhurst, Trustee Elrod, and Planners Dave Shirk and Alison Chilcott interviewed the applicants, including current commissioner Ron Norris. The interview team recommends re- appointing Ron Norris. The Town Board initially appointed Ron Norris to the Commission on January 13, 2009 to complete Bruce Grant's term, expiring December 13, 2010. Mr. Norris has served as Commission Chair for the past year. Budget: N/A Interview Team Recommendation: The interview team recommends re-appointing Ron Norris. Sample Motion: I move to appoint (or not appoint) Ron Norris to the Estes Valley Planning Commission for a four-year term from January 1, 2011 through December 31, 2014. Page 1 -- TOWN OF ESTES I?ARK- IL Memo V'F.Y...4.39 -'~ Â· Â· .Â·- ...i.Â£Â·r.Â¢<12161 #;1*NA'Â¥!21Â·Zi Iiit(- ./ TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Lowell Richardson, Deputy Town Administrator Date: December 8, 2010 RE: Rocky Mountain Park Inn, LLC Request Termination of Franchise Agreement with Holiday Inn Background: At the Town Board meeting held February 23, 2010 the Board approved the service agreement and the food and beverage agreement with the Holiday Inn. At that meeting Holiday Inn General Manager Chris Cook announced that the owners of the Holiday Inn franchise (Forever Resorts, Inc.) were planning to terminate their franchise agreement with the Holiday Inn. Staff was asked to assess the potential impacts of the proposed changes. Since this time staff, Mayor Pinkham and Trustee Koenig have met with executive management of Forever Resorts and staff has held numerous (8-12) meetings with Mr. Cook. As part of our research, staff retained the services of a professional hospitality consultant to assess the potential impacts of this proposed change. Before presenting the findings of staff's research clarification and an explanation of names and ownership should be clarified. Rex Maughn is Chairman of the Board of Forever Group, which includes Forever Living products and Forever Resorts. Under Forever Resorts their Estes Park property is known by their company as Rocky Mountain Park Inn LLC dba: Rocky Mountain Park Holiday Inn. The proposed name change from the Holiday Inn would be to Rocky Mountain Park Inn. Staff commissioned the services of W.R. Hopping and Company to provide a summary report on the pro's and con's of eliminating a national brand name from a lodging establishment. The Hopping report outlines the following key points: â€¢ Maintaining standards equal to or exceeding franchise requirements â€¢ Bring property up to current Holiday Inn standards prior to termination of franchise agreement â€¢ Maintain Triple AAA standard rating â€¢ Marketing efforts should include a sophisticated web presence â€¢ Possible backfill of lost sales tax revenues â€¢ Marketing and booking conference center could be problematic Mr. Cook was apprised of the consultant's report and the key points as outlined. Mr. Cook provided an outline of Forever Resorts initiatives to address these key points including changes that exceed the consultant's comments. First, Forever Resort's holdings include forty other lodging properties throughout the world and the Forever Groups annual sales are in excess of $2.5 billion. This is not a typical independent sole- proprietorship lodging establishment with limited resources to address marketing and maintenance of the property. Below are the steps Forever Resorts is initiating in anticipation of the brand name change: â€¢ Development and implementation of an eight step communications and marketing plan â€¢ Upgrades to the hotel property (new hallway carpeting, painting walls, bedding replacements, new flat screen televisions in all rooms) meeting or exceeding current standards â€¢ Planned addition of one sales person â€¢ Website development for the property (www. rockvmountainparkinn.com) â€¢ Support of approximately sixty booking operators â€¢ Coordinated efforts of in-house sales staff with Town sales and marketing director of our conference center re: branding change â€¢ Approved conversion improvements to the patio area adjacent to the conference center west entrance â€¢ Approved changes to the recently remodeled restaurant â€¢ Maintain at a minimum Holiday Inn standards regarding maintenance and upgrades to the property â€¢ Maintain Triple AAA standard rating â€¢ Use franchise fees to maintain and upgrade property A review of the Town's service agreement with the Holiday Inn contains a clause that addresses a change in franchise affiliations. Page 7, section 30; addresses this specifically: "30. Holiday Inn Affiliation. Holiday Inn is a franchise of Holiday Inn of America of its operation in Estes Park. The Town agrees that the Holiday Inn of Estes Park shall have the right to terminate its affiliation with Holiday Inn and affiliate with another nationally recognized hotel/motel organization or become an indapendent operation. This new affiliation or independent status shall be subject to the prior written approval of the Town, which shall not be unreasonably withheld." Attached to this memo is the Town's 2008 service agreement with Rocky Mountain Park Inn LLC and proprietary materials (marked confidential) that contain all planned initiatives submitted for review by the Town Board. Based on the information provided by Forever Resorts representatives and based on the language as written within the 2008 service agreement it appears Forever Resorts has taken the necessary steps to address those issues identified by W.R. Hopping and Company and have provided reasonable attempts to effectively move forward with the branding change of their lodging establishment. Additionally, they have taken the necessary steps to address the marketing and booking of the conference center by adding an additional sales person and by coordinating their efforts with our sales staff and marketing director. If the Town Board approves this change, staff will bring back to the Board a revised service agreement for review and approval in January of 2011. Budget N/A Staff Recommendation: Staff recommends approving Forever Resorts/Rocky Mountain Park Inn LLC decision to terminate their franchise agreement with the Holiday Inn and the rebranding of their property to Rocky Mountain Park Inn. Sample Motion: 1) I move to approve / denv Forever Resorts/Rocky Mountain Park Inn LLC decision to discontinue their franchise agreement with the Holiday Inn. SERVICE AGREEMENT THIS AGREEMENT is effective the 1St day of January, 2008, by and between the TOWN OF ESTES PARK, COLORADO, a Colorado Municipal Corporation, hereinafter referred to as the "Town", and ROCKY MOUNTAIN PARK INN L.L.C. DBA ROCKY MOIJNTAIN PARK HOLIDAY INN, hereinafter referred to as "the Holiday Inn". WITNESSETH: WHEREAS, the Town has arranged for the design, financing, construction and operation of the Estes Park Conference Center, hereinafter referred to as the "Conference Center"; and WHEREAS, the Town and the Holiday Inn desire for the Holiday Inn to manage and operate the Conference Center under the terms and conditions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term of Agreement. The term of this Agreement shall be from the effective date hereof to December 31, 2012, subject to the provisions ofparagraph 31 of this Agreement. 2. Services to be Performed by the Holiday Inn. During the term of this Agreement, the Holiday Inn shall perform the following services for the operation of the Conference Center. These services are as follows: (a) The Holiday Inn will provide all necessary housekeeping for the Conference Center. These services shall include, but are not limited to, cleaning of the Conference Center, janitorial services and trash removal. Janitorial services include, but are not limited to, periodic carpet cleaning, periodic window washing, replacement of all restroom supplies, replacement of light bulbs, and periodic cleaning of furnishings and light fixtures. (b) The Holiday Inn shall perform all routine preventative repair and maintenance on the Conference Center due to normal wear and tear associated with the usage of the Conference Center. Said repair and maintenance shall include, but are not limited to, repairing and maintaining all of the various mechanical systems such as heating, air-conditioning, audio-visual systems, water and sewer services, and the repair of minor damage to the Conference Center caused by normal usage. The Town shall be responsible for major repairs to the Conference Center and its systems. The Holiday Inn shall submit a schedule of said routine preventative repair and maintenance which shall be a part of the Operational Guidelines. (c) The Holiday Inn shall remove all snow and ice from the Conference Center walks, drives, patios, and parking areas. (d) The Holiday Inn shall provide upkeep for all landscaping on the entire Conference Center site, including maintenance, repair and winterization of all sprinkler systems servicing the site. Upkeep includes, but is not limited tO, watering, weeding, fertilizing, trimming, mowing, mulching, aerating, and sweeping sidewalks, patios and drives. The Town shall annually replace all trees, shrubs and flowers that require replacement. (e) The Holiday Inn shall provide registration, conference coordination services and banquet management services for the Conference Center. Said services shall include at least one (1) designated employee who will be at the Conference Center during all functions using the Conference Center. (f) The Holiday Inn shall provide all normal and reasonable security for the Conference Center, excluding parking areas. The Holiday Inn shall be responsible for obtaining contract security at the request of any conferee. 3. Capital Improvements Budget. The Town shall consider adopting and appropriating, as part of its annual budget process, a Capital Improvements Budget for repair and replacement of all necessary equipment, fixtures, landscaping, structural components, mechanical systems and furnishings. Prior to the preparation of this Capital Improvements Budget, the Town shall consult with the Holiday Inn on those items which need to be included in the Budget for the upcoming year. 4. Operational Guidelines. The Holiday Inn shall develop and submit to the Town a set of proposed Operational Guidelines for the Conference Center for each upcoming year. The parties agree to review said Operational Guidelines and agree on the final wording of said Operational Guidelines on or before January 31St of each year. The Holiday Inn shall operate the Conference Center in accordance with the Operational Guidelines. 5. Petiodic Review of Operations. The parties shall, on an ongoing and continuing basis as shall be reasonable and necessary, review the services provided pursuant to this Agreement. Such review shall include periodic written reports, guest-comment cards and meetings with Town Representatives. The Town shall be kept fully informed of all food and beverage service activities and operations. 6. Conference Room Rental. The Holiday Inn shall determine a room rental price for use of the Conference Center. Annually, on or before January 31St, the Holiday Inn shall present to the Town a proposed price for all room rental fees for the next year. The Holiday Inn shall supply necessary financial information with the pricing for the Town to determine whether or not the cost of said room rental is reasonable in comparison with other room rental fees charged by conference centers of similar size and activities located within Colorado. The Town shall give written approval to the proposed room rental costs on or before March lst. If said approval is not given by March lst, the Holiday Inn proposed pricing shall be deemed approved. In the event the Holiday Inn determines it is necessary to increase or decrease the room rental cost during any year period, they shall provide the Town with the proposed changes, including 2 all necessary financial documentation upon which said cost increase or decrease is based. The Town shall, as soon as possible, review said proposed changes to determine whether or not said changes are reasonable under the terms of this paragraph. 7. Conference Centers Personnel. It shall be the sole responsibility of the Holiday Inn to provide the personnel necessary to fulfill its obligations pursuant to the terms of this Agreement. It is understood by the parties that there shall be no Town employees needed to operate and maintain the Conference Center, except as specifically provided in this Agreement. 8. Annual Review of Resort's Performance. An annual review of the Holiday Inn performance under the terms and conditions of this Agreement shall be held in the month of January of each year. This review shall be based upon the terms and conditions set forth on Exhibit "A", attached hereto and incorporated herein by reference. 9. Service Agreement Fees. In consideration of the Holiday Inn providing the services herein, the Holiday Inn shall be entitled to keep all rental fees for the Conference Center. 10. Accounting. The Town and the Holiday Inn shall agree on a method of cost accounting of the Holiday Inn's operations pursuant to this Agreement. The Holiday Inn shall maintain books and records relating to its operation of the Conference Center under the terms of this Agreement in accordance with generally accepted accounting ptinciples, separate from other books and records kept by the Holiday Inn for its other activities. The purpose of this cost accounting agreement is to provide the Town with data necessary to review the Holiday Inn's performance under the terms and conditions of this Agreement. 11. Conference Promotion. The Town agrees to employ a full-time qualified, experienced person to promote and book conferences in the Conference Center during the term of this Agreement. 12. Accommodation Rights. It is the understanding of the parties hereto that the Holiday Inn of Estes Park, Colorado will not have exclusive rights for the Conference Center participants. All Conference Center participants shall be entitled to pursue accommodations of their own choice in the Estes Park area. However, the Town and the Holiday Inn agree to cooperate in the providing of accommodations at the Holiday Inn subject to the above provision. The Holiday 1nn also agrees that for events of the appropriate size, it will cooperate with the Town in providing facilities at a market rate for those events in which both the Holiday Inn and the Conference Center are needed to accommodate the number of participants. 13. Utilities. The Town shall be responsible for all utilities, such as electricity, gas, water, telephone and sewer used at the Conference Center. The Holiday Inn shall be responsible for all utilities used by the Holiday Inn. The parties agree to separately meter the utility service. 14. Termination. Either party shall have the option of terminating this Agreement in the event of a default hereunder. (a) Default. The following shall, unless cured in accordance with Paragraph (b) below, constitute a default: 3 (i) The filing of a voluntary petition for protection under federal bankruptcy laws, the failure to obtain dismissal of an involuntary petition under federal bankruptcy laws within thirty (30) days after filing; Â® A discontinuance by the Holiday Inn of its business or abandonment of its activities at the Conference Center. (iii) A failure of either party to satisfactorily perform its duties under this Agreement. (b) Cum. The defaulting party shall have thirty (30) days after written notice specifying the nature of its de fault to cure said default. (c) Exercise of Termination Option. In the event of a default under Paragraph (a) (i) above, this Agreement shall terminate immediately upon delivery of written notice from the Town to the Holiday Inn of its election to terminate the Agreement. In the event of default under the other provisions of Paragraph (a) above, this -Agreement shall terminate upon expiration of the cure period under Paragraph (b). 15. Independent Contractor. The Holiday Inn is not an agent or employee of the Town hereunder, and all of its activities relating to the Con ference Center shall be in its capacity as an independent contractor to the Town. 16. Indemnification by The Holiday Inn. The Holiday Inn agrees to indemnify, hold harmless and defend the Town and its officers, agents, insurers, self-insurance pool and employees from and against allliability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney's fees arising out of or resulting from The Holiday Inn' intentional or negligent actions and/or omissions in operation of food and beverage concession under the terms and provisions of this Agreement 17. Indemnification by the Town. The Town agrees to indemnify, hold harmless and defend the Holiday Inn, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attornÂ«s fees arising out of or resulting from any negligent or intentional act and/or omission of the Town with regard to its operation of the Conference Center under the terms and provisions of this Agreement. 18. Notice of Claims. The Town and the Holiday Inn will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 4 . 19. Insurance. The parties agree to obtain and maintain the following insurance: (a) The Holiday Inn agrees to obtain general liability insurance of the types and in the amounts set forth from an insurance company licensed to do business in the State of Colorado. The Holiday Inn shall furnish to the Town certificates of insurance or copies of tile policies, evidencing the required insurance on or before thirty (30) days prior to the commencement of any annual renewal period. So long as the Town is not in breach of this Agreement, the Holiday Inn agrees to secure and maintain the type and amounts of insurance as more fully set forth on Exhibit "B", attached hereto and incorporated herein by reference. (b) The Town agrees to obtain general liability insurance of the types and in the amounts set forth through its membership in the Colorado Intergovernmental Risk Sharing Agency, a municipal self-insurance pool.. Town shall furnish to the Holiday Inn certificates of insurance evidencing the required insurance on or before thirty (30) days prior to the commencement of any annual renewal period. So long as the Holiday Inn is not in breach of this Agreement, the Town agrees to secure and maintain the type and amounts of insurance as more fully set forth on Exhibit '13", attached hereto and incorporated herein by reference. 20. Covenant of Cooperation. The Holiday Inn agrees to provide to the Town prompt written notice of any injury suffered at the Conference Center, significant complaints, whether written or otherwise, about the Conference Center or its management, and actual anticipated disputes with or claims by third parties. The Holiday Inn further covenants to cooperate with the Town in resolving any such complaints, disputes or claims. 21. Assignment. The rights and obligations under this Agreement are not assignable by either party without the prior written consent of the other party. However, no such written consent shall be required for transfer by the Holiday Inn of its assets to any corporation or partnership controlled by Rex Maughan. The Holiday Inn may transfer its interest in the Holiday Inn Property, located next to the Conference Center, to any other party who meets the ownership requirements of Holiday Inns, or a comparable standard with the written consent of the Town. Any transfer of the Holiday Inn property shall require that the transferee agree to assume the Holiday Inn's interest in this Agreement. 22. Parties' Representatives. Whenever, under the provisions of this Agreement, the approval of the Town or the Holiday Inn is required, or the Town or the Holiday Inn is required to take some action at the request of the other, unless otherwise provided, such approval or such request shall be given for the Town by the Town's Representative and for the Holiday Inn by the Holiday Inn's Representative. The Town and the Holiday Inn shall be authorized to act on any such approval or request. The parties agree to provide written notice to each other of their Representative on or before January 1st o f each year during the term of this Agreement. 23. Notices. All notices, demands or other documents required or desired to be given, made or sent to either party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested, as follows: 5 . I TOWN OF ESTES PARK ROCKY MOUNTAIN PARK INN, Town Administrator L.L.C. DBA ROCKY MOUNTAIN Post Office Box 1200 PARK HOLIDAY INN Estes Park, CO 80517 Forever Corporate Plaza Post Office Box 1200 7501 E. McCormick Parkway Scottsdale, AZ 85258 with a copy to: Gregory A. White Bill Butts 1423 W. 29th Street Forever Corporate Plaza Loveland, CO 80538 7501 E. McCormick Parkway Scottsdale, AZ 85258 The address for notices may be changed by written notice given to the other party as provided above. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and this Agreement supersedes all prior letter agreements and correspondence with respect to the subject matter of this Agreement. 25. Applicable Law This Agreement shall be construed in accordance with the laws of the State of Colorado and venues for any civil action with respect thereto shall be proper only in Larimer County, Colorado 26. Attorney's Fees. In the event either party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the term and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all reasonable attorney's fees, court costs and reasonable expert witness fees incurred as a result of such proceedings. 27. Parties Bound. With the exception of the limitation on the assignability of this Agreement as provided above, this Agreement shall bind the respective personal representatives, heirs, successors and assigns of the parties hereto. 28. Legal Construction. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 29. Prior Rights of Bond Holder and Trustee. The Town has financed the acquisition, construction and equipping of the Conference Center pursuant to the Estes Park Conference Center Lease Purchase Agreement dated November 15, 1989, by and between the Town of Estes Park and the Estes Park Urban Renewal Authority, and the Ground Lease Agreement dated November 15, 1989, by and between the Town of Estes Park and Rex Maughan, d/b/a Forever the Holiday Inn. The parties understand and agree that all rights under 6 -2- ; this Agreement are subordinate and subject to the foregoing commitments by the Town. 30. Holiday Inn Affiliation. Holiday Inn is a franchise of Holiday Inn of America of its operation in Estes Park. The Town agrees that the Holiday Inn shall have the right to terminate its affiliation with Holiday Inn and affiliate with another nationally recognized hotel/motel organization or become an independent operation. This new affiliation or independent status shall be subject to the prior written approval of the Town, which shall not be unreasonably withheld. 31. Annual Renewal. The Town shall have the right, in its sole discretion, to terminate this agreement on December 3lst of each calendar year with or without cause. Said termination shall be exercised by the Town giving the Holiday Inn written notice of said termination at least sixty days prior to December 31St of a calendar year. In the event that such notice of termination is not given by the Town, this Agreement shall continue in force and effect throughout its term. 32. Default of Service Agreement. Contemporary with the execution of this Agreement, the Town and the Holiday Inn have entered into the Service Agreement. A default by either party under the terms and conditions of the Service Agreement shall be a default under the terms and conditions of this Agreement. In the event of a default of the terms and conditions of the Service Agreement, said default shall be governed by the provisions of paragraph 14 of this Agreement. 33. Work By Illegal Aliens Prohibited. a. The Holiday Inn hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that the Holiday Inn has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. Â§ 8-17.5-101(1) ('Program'D in order to verify that it does not employ illegal aliens. b. The Holiday Inn shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to the Holiday Inn that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. c. The Holiday Inn hereby certifies that it has verified or attempted to verify through participation in the Program that the Holiday Inn does not employ any illegal aliens and, if the Holiday Inn is not accepted into the Program prior to entering into this Agreement, that the Holiday Inn shall apply to participate in the Program every three (3) months until the Holiday Inn is accepted or this Agreement has been completed, whichever is earlier. d. The Holiday Inn is prohibited from using Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 7 I 1 e. If the Holiday Inn obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Holiday Inn shall be required to: (i) notify the subcontractor and Town within three (3) days that the Holiday Inn has actual knowledge that the subcontractor is employing or contracling with an illegal alien; and (ii) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Holiday Inn shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. The Holiday Inn shall comply with any reasonable request by the Colorado Department of Labor and Employment ("Department' ') made in the course of an investigation that the Department is undert*king pursuant to the authority established in C.R.S. Article 17.5. g. If the Holiday Inn violates this paragraph, Town may terminate this Agreement for breach of contract. If this Agreement is so terminated, the Holiday Inn shall be liable for actual and consequential damages to the Town. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN OF ESTES PARK /SER>. ~0yor 4 %,L W.JIL t.,1 V '1(jwn Clerk 8 ROCKY MOUNTAIN PARK INN L.L.C. DBA ROCKY MOUNTAIN PARK HOL~Y INN 9 SERVICE AGREEMENT EXHIBIT "A" HOLIDAY INN STANDARDS MANUAL - Current Addition including any amendments â€¢ Rules of Operation â€¢ Service Standards â€¢ Facility Standards â€¢ Product Quality Evaluation 10 SERVICE AGREEMENT EXHIBIT "B" Insurance The Holiday Inn and the Town shall provide General Liability Insurance in the following amounts: 1. $1,000,000.00 single limit; 2. $100,000.00 for property damage for any occurrence; and 3. The Town or the Holiday Inn shall be named as an additional insured on said policy. The parties understand and agree that the Town is relying on and does not waive or intend to waive, by any provision of this Agreement, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunities Act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the Town and any of its officers, agents or employees. The parties further understand and agree that in the event the monetary limitations of the Colorado Governmental Immunities Act are increased to over $1,000,000.00 for general liability purposes, the Town and the Holiday Inn shall provide insurance at least in the amounts provided in any amendment to the Colorado Governmental Immunities Act. Said insurance policies shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interests of any insured party without first giving written notice thereof to such party or parties at least 30 days in advance of such cancellation or modification. The public liability insurance required by the section may be by blanket insurance policy or policies. If the Town shall insure against similar risks by self-insurance, the Town may provide for public liability with respect to the Conference Center, partially or wholly, by means of an adequate self-insurance fund. 11 - CONrEDINTIAL 194'â€¢64 Rocky MOUNnIN \ ti ~/3 PARk INN O -5 2 r. al,1 ,-1 E E a 3 C L.n ro 3 C at) C 1 4, O Z 4 4 K Rocky Mountain Park LLC Forever Resorts has elected to cancel their contract with IHG (Holiday Inn Corporation) after many years of doing business. We have found over time that many companies will not conduct group business with the Holiday Inn Brand. We have found over the last year that by operating independently, we are seeing an influx of interest from globally recognized pharmaceutical companies, medical research Industry and multiple government groups and contractors. During the last several weeks, we have contacted all Holiday Inn Priority Club members that have a reservation after our February first transition. With almost 300 guests contacted, we can happily report that not only were there no cancellations, but a great deal of excitement to We have also experienced great challenges obtaining waivers from the franchise for our environmental policy which is the cornerstone of the way Forever Resorts chooses to do business-- Play, Preserve, Protect. We feel that we can not only improve our business but that of the Town of Estes Park, while being a mentor developing a tourist friendly environmental program that would not only reduce our footprint but create many media opportunities for the area. As we move toward the February 1, 2011, transition date there are ma exciting projects taking place: has been approved and is currently in use intern Ily. We will release the logo for external use February 1, 2011. al.Uall)s lu!ed pue Bu!1ad-le) AAau Bu!.pniou! 'NOE 'SI A.~nu~r u~1 ~14lz~102 20:; wypu'ENd 0ZJ'IC~'.I ~ ~~a~I:;trpu~Y 7 1 40 -ZE 2. External signage is in production and will be unveiled February 1, 2011. 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Â£0(ki) 63 *RS@ Eoidl a.)18JLM.Mdr; V 9Â·23 8@ (%8Â£(Â£*g[Ij E,-n@p Â©00(i)@ 90@13* Mf Â©21@.Â©82@.22&3&3&3 1@ 8 90 90= rgi/itD 2/mgo ue<be [3]617<4 @Â® @@%85 fl~~Â¥5rE,-7(WY'tfb An747 Ani m flfiQA(}:Y:Yfl rfn3rgr:rrF,<4, t ele AR EGrn-i-g* ..3.11 4. ..1 - â€¢ 1*- t â‚¬ 14 R-Huuif [RiXER 41 00@ Â©A@@ Eurnal h' 0 6.4 04 F V Kj 8@ (at&#1=-i-\ 9312Â£2391% Â£â€¢44 tiYD t,*Z-)04Â£147 96)@EKkB'LA?/ P ~ - - t---.--LA:m""pR-41311 I\Y-- / 0#. -....U~ %0: â‚¬ t.m fri 1,#i TOWN or ESTES PARK Memo clualliEURBODZ[D TO: Honorable Mayor Pinkham Board of Trustees From: Jacquie Halburnt, Town Administrator Date: December 9, 2010 RE: Local Marketing District Intergovernmental Agreement Background: The Town of Estes Park (Town) and the Local Marketing District (LMD) entered into an intergovernmental agreement (IGA) which specifically addressed employees. The approved IGA stipulated the town would pay for salaries for the original four employees, who would also remain employees of the town. The IGA also stipulated that additional employees became employees of the LMD. Although it was not stipulated in the IGA, the Town also kept stakeholder services fees. The IGA expires on December 31, 2010; therefore Peggy Campbell and I met to discuss how to accurately reflect the relationship between the Town and the LMD for 2011. The major changes include: 1. The LMD employees will remain Town employees. However, the LMD intends to create its own policies and procedures to govern LMD employees. At this time, they will become LMD employees, but will still be able to buy into Town benefits. 2. The LMD will pay for all employee salaries and benefits. (Also, our budgets stipulate that the LMD will keep Stakeholder Service Fees in 2011). 3. The LMD will pay for building rent, payroll processing, IT services and other requested services. 4. The IGA will continue unless one entity terminates the agreement, or the parties agree to amend the agreement. The IGA has been reviewed by Greg White. Budget In relationship to the LMD, the Town has budgeted $128,985 in expenditures and $47,102 in revenue. The net expenditure to the Town is $81,883. Staff Recommendation: NA Sample Motion: I move for the approval/denial of the Intergovernmental Agreement between the Estes Park Local Marketing District and the Town of Estes Park. INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT by and between the ESTES PARK LOCAL MARKETING DISTRICT. a Colorado local marketing district. hereinafter referred to as the "IND". and the TOWN OF ESTES PARK. COLORADO. a Colorado statutory town. hereinafter referred to as the "Town". is made and entered into thiseffective the -1* day of , January. 20@92011, by and between the ESTES PARK LOCAL MARKETING DISTRICT, a Colorado local marketing district, hereinafter referred to as the "LAID", and the TOWN OF ESTES PARK, COLORADO, a Colorado statutory town, hereinafter referred to as the "Town". WITNESSETH: WHEREAS, the LMI) is a local marketing district organized to provide the services set forth in Section 29-25-111 (1)(e)(I)(A), (B) and (C), C.R.S.; and WHEREAS, the LM[) was created pursuant to the provisions of Section 29-25-101 et seq. C.R.S. and the Intergovernmental Agreement dated August 26,2008 and all amendments thereto between the Town and the Board of County Commissioners, Larimer County; and WHEREAS, applicable provisions of the Colorado Constitution and the statutes of the State of Colorado, specifically Section 29-20-101 et seq. C.R.S., authorize the LMID and the Town to enter into mutually binding and enforceable agreements, including agreements addressing the subject matter of this Agreement; and WHEREAS, effective January 1,204@2011, the LMD will need the professional services and assistance offeef-six employees of the Town (the "Employees") in order to provide the services set forth in the LMI)'s approved Operating Plan of the LAID approved by the Town on geptembefÂ·-8,-2*W; and WHEREAS, in order for the efficient performance of the Operating Plan, the LM[) will | supervise the Employees with the Town beingand be responsible for-reimbursing the Town for the salaries and benefits of the Employees pursuant to the terms and conditions of this Agreement; and WHEREAS, the Town and the LMI) have agreed that the Town shall provide office space and other services to the LMD. and the LMD has agreed to pay the Town for said services: and WHEREAS, the Town and the LM[) have determined that it is the best interest of both entities to accomplish the efficient provision o f marketing and promotional services as set forth in the Operating Plan by the terms of this Intergovernmental Agreement. 1 ITITI NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Preamble. The Parties acknowledge that the recitals set forth above are true and correct, and those recitals are hereby incorporated into this Agreement. 2. Effective Date. The Agreement shall be effective upon its execution by both partics~ January 1. 2011. .. ~ 3. Employees. The Town agrees that it shall provide the following services toand the I-MD agree as follows: a. Office Space. The Town shall provide sufficient office space for the Employees at the Visitor's Center. The Parties agree to cooperate in the provision of necessary work space for the Employees which will be similar to the current work space of the Employees at the time of execution of this Agreement. The Town shall have the right, after consultation with the LMD, to rearrange work areas of the Employees to ensure the efficiency of both the I-MD and Town operations. The I.MD shall pay the Town rent for this office space. | b. job Description. Attached hereto as Exhibit A are job descriptions for the feef-lix- individual Employees reflecting the supervision of the Employees by the LMD and their job duties. The LMD may change individual job descriptions after consultation with the Town. c. Supervision of Employees. The Employees shall be supervised by the LMD. All Employee disciplinary actions including, but not limited to, suspension and/or termination, shall be pursuant to the terms and conditions of the Town's Personnel Policy Manual dated March 23,2004. For purposes of all matters involving the Employees and the Town's Personnel Policy Manual, the IND, or its designated Supervisory Employee, shall be the supervisor of the Employees. Any allowable appeal of a disciplinary action regarding the Employee shall be to the LMD Board. The LMD hereby agrees that all personnel actions involving any of the Employees shall remain confidential unless requested in writing to be public by the individual Employee. Any amendment to the Town's Personnel Policy Manual shall also apply to the Employees. d. Supervisory Employee. The IND contemplates selecting one of the four individual Employees as the Working Director of the IND. In said event, the Parties agree to amend the job description of said Employee to reflect the new duties and responsibilities of the Worldng Director. Upon the request of the IND, the Working Director shall begin his/her duties for the LMI) and be supervised by the IND prior to January 1, 2010. 2 e:d. Ghanges-in=Salary and/or Benefits. The IND is solely responsible to payshall reimburse the Town for all compensation and benefits o f the 911-si*the eEmployees. Any change, whether an increase or decrease in the Town's pay structure and/or benefits shall be applicable to the Employees. In the event the LMD wishes to | provide additional compensation and/or benefits to any the-individual Employee, said increase shall be the responsibility of the LMD; and the LMD shall provide sufficient funds to the Town to pay for such increase in compensation and/or increased benefits. Any increase in compensation and/or benefits to any individual Employee by the LAID shall bc the sole responsibility of the LMI) and shall not bc a future obligation of the Town in the event that any individual Employee is no longer subject to the terms and conditions of this Agreement. e. Termination or Resignation of Employee. In the event any of the four individual Employees is terminated or resigns, the Parties agree they shall cooperate in the hiring of an individual to fill the vacated job position. Aid The *Town and LMD shall cooperattiesÂ·-she}Weettide- in filling vacant Employee positions including posting the job notice, application, and interviews for the vacant position. Sid newly hired individual shall become an empleyee-Employee of the Wewer LMDTown and subject to *Town policies and procedures. and be onc of the Employees underand the terms and conditions of this Agreement the terms and conditions of this Agfeement.In the event an Employee is either tenninated or resigns. the Town shall be responsible for the payment of all accrued but unused sick and/or vacation leave through December 31. 2010. The LMD shall be responsible for the payment of all accrued but unused sick and/or vacation leave accruing to the Employee after December 31, 2010. 4. Other Employees. The LMD retains the right to hire any other persons to be employees of the LMI) including, but not limited to, a supervisory position for the Employees. The terms and conditions of any such employment shall be in the sole discretion of the LMD- and not subject to the terms and conditions of this Intergovernmental Agreement.and-net- subject to the terms and conditions of this Intergovernmental Agreement. 5. Other Services. The LMD agrees to pay the Town for building rent. IT services. payroll processing. and other services deemed necessary by the Parties in an amount to be determined on an annual basis. The LMI) and the Town, by separate agreement, may agree that the Town shall provide other services to the LMI) such as accounting, investments, and/or administrative staffing. Thc IND agrees to pay Town for building rent. utilities. IT services. payroll processing. and other services deemed necessary in an amount to be determined on an annual 6094.1. 6. Annual Audit. If the Town determines, pursuant to applicable GASB Standards, that | the Town's audit requires the inclusion of the LMI) as part of the audit, the IND shall pay for rcimburse the Town the amount of the cost of the LMD's portion of the Town's audit expense. 3 7. Effective Date and Termination. a. This Intergovernmental Agreement shall take effect upon its execution by both parties, and shall remain in full force and effect until December 31,2010, or unless terminated earlier by mutual agreement of the parties. The parties agree that they shall review the terms and conditions of this Agreement annually in August of 2010 in anticipation of the preparation of the 2@14-annual Operating Plan by the LMD- and the negotiation of a new Intergovernmental Agreement | b._If, through any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, violates any provision of this Agreement, or violates any applicable law, the non-breaching party shall give the breaching party written notice of said breach. The breaching party shall have thirty (30) days to correct the breach. If the breaching party fails to correct the breach within said thirty (30) day period, the non-breaching party shall have the right to terminate this Agreement for cause. 6:c.Either party may terminate this Agreement upon ninety (90) days written notice prior to the end of any calendar year. Said termination shall be effecti*e as ofthe last day of the applicable calendar year. If the Town terminates this Agreement the Town shall to the extent permitted by law. allow the LMD to purchase Town benefits for the Employees through 2013. 8. Change in Employment Status. The parties understand and agree that the Parties are contemplating that the employment status of the Employees be changed so that the Employees become employees of the LMD and not the Town. In said event. the Town agrees to allow the continuation of benefits for the Employees through the Town. The LMD shall reimburse the Town for all costs of the benefits. Also. the Parties agree to amend this Agreement to address all issues due to the change in employment status. 9. Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to the Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the-Weweleeither Party's obligations under this Agreement are subject to annual appropriation by the WewaI?arty. Any failure of therrewaa Party to annually to appropriate adequate monies to finance the Wewn?+Party's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are depleted. ~ Written Net*ee-notice shall be given by the non-appropriating Party promptly to the 64.*D-other Party o f any-the failure to appropriate adequate monies. | 910. Notices. All notices or other communication hereunder shall be deemed given when personally delivered or after the lapse of five (5) business days following mailing by certified mail, postage prepaid, address as follows: ESTES PARK LOCAL MARKETING DISTRICT Attn: Chairperson Post Office Box 4426 4 Estes Park, CO 80517 TOWN OF ESTES PARK Attn: Town Administrator Post Office Box 1200 Estes Park, CO 80517 4011. Relationship of the Parties. The Parties enter into this Intergovernmental Agreement as separate and independent entities and shall maintain such status throughout the term of this Intergovernmental Agreement. ] 4411. Governmental Immunity. Nothing contained herein shall be construed as a waiver or modification of the rights afforded to the LMD and/or the Town under the Colorado Governmental Immunity Act and subsequent amendments thereto. 4211 Indemnification. To the extent permissible by law, the LMD shall indemnify, protect, defend and hold harmless, the Town of Estes Park and its employees, elected and appointed officials, from any and all claims, losses or damages incurred in connection with the services to be provided by the Town pursuant to this Intergovernmental Agreement. Such indemnification shall include reasonable attorney's fees and costs. 4313> Governing Law in Effect. This Intergovernmental Agreement shall be governed by and construed under the laws of the State of Colorado. ~ 4415Â· Venue. Venue for all purposes shall be deemed proper ill the District Court of Larimer County, Colorado. 4&16Â· Entire Agreement of the Parties. The recitals contained herein represent the entire agreement of the Parties, and shall be binding upon the parties hereto and their successors. 4612. Amendment. No amendment or other modification of this Intergovernmental Agreement shall be valid unless pursuant to a written instrument signed by both parties. 4218. Assignment. The benefits and burdens under this Intergovernmental Agreement may not be assigned by either party without the written consent of the other. IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental | Agreement to be executed the day and year first written above. ESTES PARK LOCAL MARKETING DISTRICT 5 By: Chairperson ATTEST: TOWN OFESTES PARK By: Mayor ATTEST: Town Clerk 6 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT by and between the ESTES PARK LOCAL MARKETING DISTRICT, a Colorado local marketing district, hereinafter referred to as the "LMI)", and the TOWN OF ESTES PARK, COLORADO, a Colorado statutory town, hereinafter referred to as the "Town", is effective the 1St day ofJanuary, 2011,. WITNESSETH: WHEREAS, the LMID is a local marketing district organized to provide the services set forth in Section 29-25-111 (1)(e)(I)(A), (B) and (C), C.R.S.; and WHEREAS, the LMI) was created pursuant to the provisions of Section 29-25-101 et seq. C.R.S. and the Intergovernmental Agreement dated August 26,2008 and all amendments thereto between the Town and the Board of County Commissioners, Larimer County; and WHEREAS, applicable provisions of the Colorado Constitution and the statutes of the State of Colorado, specifically Section 29-20-101 et seq. C.R.S., authorize the LMI) and the Town to enter into mutually binding and enforceable agreements, including agreements addressing the subject matter of this Agreement; and WHEREAS, effective January 1, 2011, the LMI) will need the professional services and assistance of six employees of the Town (the "Employees") in order to provide the services set forth in the LMD's approved Operating Plan; and WHEREAS, in order for the efficient performance of the Operating Plan, the LMD will supervise the Employees and be responsible for reimbursing the Town for the salaries and benefits of the Employees pursuant to the terms and conditions of this Agreement; and WHEREAS, the Town and the LMID have agreed that the Town shall provide office space and other services to the LMID, and the LMI) has agreed to pay the Town for said services; and WHEREAS, the Town and the LMD have determined that it is the best interest of both entities to accomplish the e fficient provision o f marketing and promotional services as set forth in the Operating Plan by the terms of this Intergovernmental Agreement. NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1 1. Preamble. The Parties acknowledge that the recitals set forth above are true and correct, and those recitals are hereby incorporated into this Agreement. 2. Effective Date. The Agreement shall be effective as January 1, 2011. 3. Employees. The Town and the LMD agree as follows: a. Office Space. The Town shall provide sufficient office space for the Employees at the Visitor's Center. The Parties agree to cooperate in the provision of necessary work space for the Employees which will be similar to the current work space of the Employees at the time of execution of this Agreement. The Town shall have the right, after consultation with the LMD, to rearrange work areas of the Employees to ensure the efficiency of both the IND and Town operations. The LMID shall pay the Town rent for this office space. b. Job Description. Attached hereto as Exhibit A are job descriptions for the six individual Employees reflecting the supervision of the Employees by the LMD and their job duties. The LMD may change individual job descriptions after consultation with the Town. c. Supervision of Employees. The Employees shall be supervised by the LMD. All Employee disciplinary actions including, but not limited to, suspension and/or termination, shall be pursuant to the terms and conditions of the Town's Personnel Policy Manual dated March 23,2004. For purposes of all matters involving the Employees and the Town's Personnel Policy Manual, the LMD, or its designated Supervisory Employee, shall be the supervisor of the Employees. Any allowable appeal of a disciplinary action regarding the Employee shall be to the IND Board. The LMD hereby agrees that all personnel actions involving any of the Employees shall remain confidential unless requested in writing to be public by the individual Employee. Any amendment to the Town's Personnel Policy Manual shall also apply to the Employees. d. Salary and/or Benefits. The LMD shall reimburse the Town for all compensation and benefits of the Employees. Any change, whether an increase or decrease in the Town's pay structure and/or benefits shall be applicable to the Employees. In the event the LMD wishes to provide additional compensation and/or benefits to any individual Employee, sid increase shall be the responsibility of the LMD; and the LMD shall provide sufficient funds to the Town to pay for such increase in compensation and/or increased benefits. . e. Termination or Resignation of Employee. . The Town and LMD shall cooperate in filling vacant Employee positions including postin~ the job notice, application, and interviews for the vacant position. Sid newly hired individual shall become an Employee of the Town and subject to Town policies and procedures and the terms and conditions of this Agreement. In the event an Employee is either terminated or 2 resigns, the Town shall be responsible for the payment of all accrued but unused sick and/or vacation leave through December 31, 2010. The LMD shall be responsible for the payment of all accrued but unused sick and/or vacation leave accruing to the Employee after December 31, 2010. 4. Other Employees. The LMI) retains the right to hire any other persons to be employees of the LMD. The terms and conditions of any such employment shall be in the sole discretion of the I-MD and not subject to the terms and conditions of this Intergovernmental Agreement. 5. Other Services. The LMD agrees to pay the Town for building rent, IT services, payroll x processing, and other services deemed necessary by the Parties in an amount to be determined on an annual basis. The LMID and the Town, by separate agreement, may agree that the Town shall provide other services to the LMD such as accounting, investments, and/or administrative staffing 6. Annual Audit. If the Town determines, pursuant to applicable GASB Standards, that the Town's audit requires the inclusion of the LM[) as part of the audit, the IND shall pay for the cost of the LMD's portion of the Town's audit expense. 7. Effective Date and Termination. a. This Intergovernmental Agreement shall take effect upon its execution by both parties, and shall remain in full force and effect unless terminated earlier by mutual agreement of the parties. The parties agree that they shall review the terms and conditions of this Agreement annually in anticipation of the preparation of the annual Operating Plan by the LMD. b. If, through any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, violates any provision of this Agreement, or violates any applicable law, the non-breaching party shall give the breaching party written notice of said breach. The breaching party shall have thirty (30) days to correct the breach. If the breaching party fails to correct the breach within said thirty (30) day period, the non-breaching party shall have the right to terminate this Agreement for cause. c. Either party may terminate this Agreement upon ninety (90) days written notice prior to the end of any calendar year. Sid termination shall be effective as of the last day of the applicable calendar year. If the Town terminates this Agreement, the Town shall, to the extent permitted by law, allow the LMD to purchase Town benefits for the Employees through 2013. 8. Change in Employment Status. The parties understand and agree that the Parties are contemplating that the employment status of the Employees be changed so that the Employees become employees of the LMD and not the Town. In said event, the Town agrees to allow the 3 continuation of benefits for the Employees through the Town. The LMD shall reimburse the Town for all costs of the benefits. Also, the Parties agree to amend this Agreement to address all issues due to the change in employment status. 9. Annual Appropriation. Nothing herein shall constitute a multiple fiscal year obligation pursuant to the Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, either Party's obligations under this Agreement are subject to annual appropriation by the Party. Any failure of a Party to annually to appropriate adequate monies to finance the Party's obligations under. this Agreement shall terminate this Agreement at such time as such then-existing appropriations are depleted. Written notice shall be given by the non-appropriating Party promptly to the other Party of the failure to appropriate adequate monies. 10. Notices. All notices or other communication hereunder shall be deemed given when personally delivered or after the lapse of five (5) business days following mailing by certified mail, postage prepaid, address as follows: ESTES PARK LOCAL MARKETING DISTRICT Attn: Chairperson Post Office Box 4426 Estes Park, CO 80517 TOWN OF ESTES PARK Attn: Town Administrator Post Office Box 1200 , Estes Park, CO 80517 11. Relationship of the Parties. The Parties enter into this Intergovernmental Agreement as separate and independent entities and shall maintain such status throughout the term of this Intergovernmental Agreement. 11. Governmental Immunity. Nothing contained herein shall be construed as a waiver or modification of the rights afforded to the LMD and/or the Town under the Colorado Governmental Immunity Act and subsequent amendments thereto. 13. Indemnification. To the extent permissible by law, the LMD shall indemnify, protect, defend and hold harmless, the Town of Estes Park and its employees, elected and appointed officials, from any and all claims, losses or damages incurred in connection with the services to be provided by the Town pursuant to this Intergovernmental,Agreement. Such indemnification shall include reasonable attorney's fees and costs. 14. Governing Law in Effect. This Intergovernmental Agreement shall be governed by and construed under the laws of the State of Colorado. 4 15. Venue. Venue for all purposes shall be deemed proper in the District Court of Larimer County, Colorado. 16. Entire Agreement of the Parties. The recitals contained herein represent the entire agreement of the Parties, and shall be binding upon the parties hereto and their successors. 17. Amendment. No amendment or other modification of this Intergovernmental Agreement shall be valid unless pursuant to a written instrument signed by both parties. 18. Assignment. The benefits and burdens under this Intergovernmental Agreement may not be assigned by either party without the written consent of the other. IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental Agreement to be executed. ESTES PARK LOCAL MARKETING DISTRICT By: Chairperson ATTEST: TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk 5 imil TOWN oF ESTES PARIQ_ FINANCE Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Steve McFarland, Finance Officer Date: December 14th,2010 RE: Resolution #18-10 - 2010 Supplemental Budget Appropriations Background: At the end of each calendar/fiscal year, the Town is required to assess and if necessary, amend the current budget to account for any funds that have exceeded their approved expenditure levels. Budget overages are often the result of Board-approved opportunities taken throughout the year which were unknown at the time of the budget creation. In some instances, the expenditures may have revenue offset. The following pages contain explanations for the proposed Supplemental Appropriations to the 2010 Budget. The attached spreadsheet is divided into two sections. The first section of the document reports revenues/transfers in. A. Column A reports 2010 revenues as forecasted in the original 2010 budget, approved in November 2009. B. Column B reports 2010 revenues as estimated as of December 01, 2010. C. Column three reports the variance between columns A and B. D. Specific revenue comments: a. The General Fund "revenues/transfers in" will exceed budget largely due to the Catastrophic Loss and Medical Funds balances being added. b. The Fire Pension Fund did not realize projected revenues because the Fund was terminated in early 2010 and taken over by the Fire Pension Board of the Estes Valley Fire District. c. The Vehicle Replacement Fund (VRF) realized fewer revenues than was anticipated, also due to the creation of the Fire District (revenues from the General Fund were no longer needed by VRF on behalf of the Fire Department vehicles). The second section of the document reports expenditures. The columns include: A) The original budget, B) The supplemental appropriations that occurred during the year (rollovers), The February 2010 rollovers had an invoice that was incorrectly categorized - this has been corrected in the column immediately to the right. C) The projected final expenditures (the grey column is the focal point of the document, and is the revised total 2010 expenditures being requested for approval), D) The sum of columns A & B, and E) Whether or not column C (new forecast) exceeds column D (original forecast). F) Explanation of variances in expenditures a. Community Reinvestment Fund. As the status of the Grandstands and MPEC were unknown at the time of the original budget, an amount larger than what was necessary was budgeted. The $2,000,000 more accurately reflects 2010 expenditures. b. Open Space Fund. The Open Space Fund did not expend the forecasted amount for the Bond Park project. The project has been re-budgeted into 2011. c. Light & Power (L&P Fund. The L&P Fund will overspend its budget by approximately $1,000,000. This is due to the bond payoff of $1,305,000. Discounting the payoff, the L&P Fund would have been well within budget. The early payoff saved over $200,000 in interest expense. d. Catastrophic Loss. The Catastrophic Loss Fund is to be closed and rolled into the General Fund, where it will appear as a noted part of fund balance. When closing a fund and transferring the fund balance, it is necessary to expense that amount. e. Water. The Water Fund will slightly exceed budget due to added payroll costs necessary to address issues with the new Marys Lake Water Treatment Plant. f. Medical. The Medical Insurance Fund will also be closed into the General Fund and the comments that applied to Catastrophic Loss apply here as well. g. Firemen Pension. The Firemen Pension Fund is to exceed budget because it is being closed and the assets transferred to the Fire Pension Board with the Fire District. Staff Recommendation: Staff recommends adopting Resolution #18-10 for supplemental appropriation for the 2010 Budget. Sample Motion: I move to approve/deny Resolution #18-10, which adopts the supplemental appropriations for the 2010 Budget. RESOLUTION TO APPROPRIATE SUMS OF MONEY NO. 18-10 A RESOLUTION ADJUSTING APPROPRIATIONS TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2010, AND ENDING ON THE LAST DAY OF DECEMBER, 2010. WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on November 24th, 2009; and WHEREAS, over the course of the fiscal year ending December 31, 2010, the estimates included in the adopted budget have been revised to more accurately represent the actual revenues and expenditures necessary to operate the government; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following attached sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated. ADOPTED this 14~h day of December, 2010. Mayor ATTEST: Town Clerk &2005*5190= IN & O 0 84 6.Brm- 4 - -- Go:W 02 on'9% in,20%1045$2 f S 0%3 38 =mig ; .9 5. - - 24911/6 + =.M.-*Â· ~: fÂ©,2'34. 1215% 03 A.no .0 u g 3 ,4#K =VJ./%52222// 3 - E - . 9.0 I a a I 00000 000000000 05-5 N 2!. .i 30 - I h 9430&309%4(598 .im 04R900f 0005 ooo Enon C 01 -4 N Gaod: 2 Â§ am 0 ~Â§Â§ . 0 0%- W 06; 0 < %6 0 N A Af E U :fi 2 9 EXEME19Â§1Â§Â§*3 /aiqejoAed CaiqejoAejun) (8+ , 44 â‚¬559Z # Od (OI/60/ZO ' L6S'IE L8*'85L'II 68'9Z 'It LSZ'96I'I 96I'E JUBLU150AU!abl /4!u (Â£85'LVE'Z) f~Â£ ~Hi~*2;-1 8ZI'EDI'E DIS'L56'VE (*Â£6' Or'I) ELL'8ZI ZLL'8ZI UO!.Suad Uall1243 60L INFORMATION FOR SUPPLEMENTAL APPROPRIATION TO 2010 BUDGET 2010 Budget H.LE. (12/01/10) Favorable/ (2010 Approved Budget) 2010 EOY Estimate (Unfavorable) 101 General 10,819,789 12,552,882 1,733,093 222 Community Services Fund 2,661,480 28 966 502 Light & Power 45,961 503 Water 3,258, (20,564) 709 Firemen Pension 179,605 (193,293) 31,464,454 32,980,685 1,516,231 dde dns :aÂ»png OIOZ leu!0110 Error 100 Sh!33SNV11/531*nliaNad)(3 REVENUES/TRANSFER IN 204 Community Reinvestment 827,000 834,196 95L'6E0'I Z6E'5Ef' 6I9'ZSI 005'OLE lueulajeidall @13!4@A 5Â£9 211 Conservation Trust 33,400 605 Catastrophic Loss 23,000 635 Vehicle Replacement 505,246 710 Police Pension 3,515 716 Theater 2,700 includes allsources of moneyinflow: revenues, proceeds from debt, transfersin 612 Fleet 273,800 625 Information Systems 469,929 Et'E'Â£89 LZL'EZ6'EI Je/AO SI 8'I8Z I6L'05* SU,a *SAS uoileUIJO,Ul 529 St* ZZE aleds uedo A 000'TE J@Jea419IL ino siaisuom puo sain;!puadxa tolo; apnlou! spuni lit) 220 Larimer Cty Open Space 419 Building Authority 606 Medical nservation Trust uo!.Suad 00!1(d OIL TOWN of 8-TES PAIUQ L~*4.11, 7%40,41313 ~ I 4 Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Interim Community Development Director Date: December 14, 2010 RE: Creative Sign Design Review Board Bylaws Background: On November 9th the Town Board amended the Sign Code. One of the significant amendments includes the creation of a Creative Sign Program and the establishment of a Creative Sign Design Review Board. The Creative Sign Program provides more flexibility in the application of the Sign Code and encourages high-quality signs that make a positive visual contribution to the Town. The Creative Sign Design Review Board is responsible for review of Creative Sign Program applications. This Board will also review sign variance applications and appeals of staff decisions on the Sign Code, which were formerly reviewed by the Board of Adjustment. Staff is recommending that the attached bylaws be adopted by Town Board to govern the Creative Sign Design Review Board. Once bylaws are in place staff will: â€¢ Advertise the positions and accept applications; â€¢ Form interview teams and interview applicants; and â€¢ Forward recommendations to the Mayor and Town Board for consideration. As part of the I-Codes, also being reviewed by Town Board on December 14% staff is proposing to increase the Board of Appeals from a three to five member board. The Boards of Appeals and Creative Sign Design Review Board have different purposes; one is primarily technical and one is creative. However, there is a potential for overlap of Board members. One Review Board member is required to be an architect or design professional, this person would have the technical expertise to serve on the Board of Appeals also. Budget: N/A Page 1 Staff Recommendation: Staff recommends approval of the bylaws. Sample Motion: I move to approve (or deny) the Creative Sign Design Review Board bylaws. Page 2 BYLAWS OF THE CREATIVE SIGN DESIGN REVIEW BOARD I. MEETINGS A. The Creative Sign Design Review Board shall hold meetings when necessary to review applications, or any other matter under the Board's purview. B. Meetings shall be held in the Town of Estes Park Town Hall. C. All meetings shall be open to the public. D. A meeting notice of at least seven (7) calendar days shall be given to each member of the Board by telephone, personal service, email, or by fax with the time, place, and purpose of meeting specified. E. If the Chair determines that any matter before the Board cannot be heard and considered for action within a reasonable time frame at the meeting, said matter may be continued to a specifically scheduled meeting. Such matters shall have priority at the next meeting. F. When deemed necessary by the Chair or by three (3) members, a Board study session may be called. No official action shall be taken and no quorum shall be required for the study session. The study session shall be open to the public. Unless requested by the Chair, participation in study session shall be limited to the Board and staff. II. MEMBERS A. The Board shall consist of five (5) members appointed by the Mayor and confirmed by the Town Board of Trustees o f the Town o f Estes Park. B. The Board shall consist of Town residents including: 1. Two local business owners; 2. An architect or other design professional; and 3. Two residents who may or may not have local business interests. C. Terms shall be as follows. 1. Initial terms: a. Two one-year terms, including one term filled by a local business owner. b. One two-year term filled by an architect or design professional; and c. Two three-year terms, including one term filled by a local business owner. 2. Thereafter, each new member shall serve for three years or until a successor has been appointed. Page 1 of 5 Revised 12/10/10 D. Members may serve more than one term. III. QUORUM A. A quorum for transaction of business shall consist of three (3) members. B. Actions shall be by a majority vote of members present when a quorum is present. , C. In a meeting where a quorum is not present, all scheduled matters shall be rescheduled for a hearing at the next Board meeting. D. A member(s) who abstains due to a conflict of interest shall be counted, if necessary, to maintain a quorum. IV. OFFICERS A. The Board, at its first meeting of each year, shall elect a Chair, Vice-Chair, and appoint a Secretary. The Secretary shall not be a member of the Board. B. The duties and powers of the officers of the Board shall be as follows: Chair shall: 1. Preside at all meetings of the Board and maintain proper decorum by controlling the meeting and avoiding duplication of comments. 2. Sign the documents of the Board. 3. Ensure that all actions of the Board are properly taken. Vice-Chair shall: 1. During the absence, disability, or disqualification of the Chair, exercise and perform all of the duties and responsibilities of the Chair. Chair Pro Temp shall: 1. During the temporary absence, disability, or disqualification of the Chair and Vice-Chair, a member shall be elected to perform the duties and responsibilities of the Chair. Secretary shall: 1. Sign or attest the signature of the Chair or Vice-Chair on the documents of the Board. 2. Prepare and keep the minutes of all meetings of the Board in an appropriate and designated file. 3. Make the minutes available to the Board for review prior to the next meeting, when possible. 4. Give and serve all notices required by State Statute, Town regulations or the bylaws. Page 2 of 5 Revised 12/10/10 5. Prepare the agenda in consultation with the Chair for all meetings of the Board. 6. Be custodian of Board records. 7. Inform the Board of correspondence relating to business of the Board and attend to such correspondence. V. DUTIES AND PRIVILEGES OF MEMBERS A. Attendance is expected by the members. Attendance records shall be subject to review by the Town Board of Trustees and poor attendance may be grounds for dismissal from the Board. B. If a Board member is unable to attend a meeting, the member shall notify the staff of such fact as soon as possible. C. Board members should visit each site before each meeting. D. Except during Board meetings, personal communication with applicants, appellants and the public concerning pending matters is discouraged. If and when personal communication has taken place, it shall be declared at the Board meeting. VI. CONFLICT OF INTEREST A. A member of the Board having a personal or private interest in a matter proposed or pending before the Board, shall disclose the interest to the Board and shall abstain from participating in discussions and voting on the matter before the Board. B. A member shall declare such conflict of interest prior to discussion of the applicable matter before the Board. C. Conflict of interest includes, but is not limited to, a matter in which the member, the member's spouse or non-emancipated child/ren has a financial interest, including an interest in a competing business. VII. DECORUM A. Board members shall be under the direction of the Chair and shall obey the rules of the Board. B. Board members shall accord courtesy to each other, staff, public, applicants, and appellants. VIII. AGENDA A. An agenda shall be prepared by the staff for distribution to each member the week prior to each meeting. B. The following procedure will generally be followed by the Board when considering applications: Page 3 of 5 Revised 12/10/10 1. Staff shall present a staff report. 2. The applicant or appellant shall present the application. 3. Public comment shall be taken. 4. Board discussion may continue after a motion has received a second. 5. Action by the Board on the application. IX. VOTES A. All votes shall be recorded and the decision shall be confirmed by the Chair or the staff. B. Tie votes shall constitute a failure of a motion. C. Failure of a motion to deny shall not be construed to be an approval. X. GENERAL A. All drawings, maps, correspondence, and other documentation shall be filed in the office of the Town of Estes Park Community Development Department and adequate materials sent to the Board members. Any materials presented at a hearing or meeting by the Applicant or public shall become part of the official record and at the discretion of the Chair may not be returned. B. The Chair may allow public comment at the beginning of each meeting by any citizen desiring to speak on any sign matter not on the agenda. The Board shall not take action on items presented under public comment. Any statement made shall be relevant to sign matters and should be limited to three minutes per person. XI. STAFF A. The Town shall provide the professional staff to the Board. Said staff may either be employees of the Town and/or independent contractors. B. The staff shall be responsible for all necessary reports and studies requested by the Board, review of all applications, attendance at all Board meetings and any other work necessary to staff the operation of the Board. C. The Town Attorney shall serve as the primary legal advisor to the Board. As required, the Town Attorney shall attend meetings of the Board. XII. AMENDMENT A. These Bylaws may be amended by the Town Board of Trustees. Page 4 of 5 Revised 12/10/10 XIII. PROCEDURES A. The Board may establish such other procedures for the orderly operation of the Board as the Board deems necessary and not in conflict with these Bylaws. Adopted by the Town Board this day of , 2010. By: Mayor ATTEST: By: Town Clerk Page 5 of 5 Revised 12/10/10 TOWN OIF ESTES PARKc Memo 1 -_ 2 ~ =-1 1 TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Interim Community Development Director Date: December 14, 2010 RE: Sign Code Fee Schedule Background: The Sign Code amendments adopted by the Town Board on November gth removed the below fees from the code and stated that a fee schedule would be adopted by the Town Board. Prior Fee Schedule Permits Sign Permit, except banners | $75 Board of Adjustment Appeal of a Staff Sign Code Decision $150 Variance Application $150 The Temporary Banner fee is $30, but was not codified. Proposed Fee Schedule Permits Sign Permit, except banners $75 Temporary Banner Permit $30 Staff-Level Reviews Minor Modification , 10% variance $25 , New process for sign code flexibility Creative Sign Design Review Board Creative Sign Program Application $100 Appeal of a Staff Sign Code Decision , Refunded, if appeal is granted $100 , Formerly reviewed by Board of Adjustment Variance Application , Formerly reviewed by Board of Adjustment $500 , Same as Estes Valley Development Code variance fee Creative Sign Program Application $500 , New process for sign code flexibility State electrical permit and Town building permit fees are charged if these permits are required. Page 1 For scheduling reasons, including cancellation of November and December Community Development/Community Services committee meetings, staff has brought this fee schedule directly to Town Board for review. Budget: Fees are established for partial cost recovery. Staff Recommendation: Staff recommends adoption of the proposed sign code fee schedule. Sample Motion: I move to adopt (or not adopt) the proposed sign code fee schedule. Page 2 TOWN OF ESTES PARK EXECUTIVE SESSION PROCEDURE April 27, 2010 Executive Sessions may only occur during a regular or special meeting of the Town Board. Limited Purposes. Adoption of any proposed policy, position, resolution, or formal action shall not occur at any executive session. Procedure. - Prior to the time the Board convenes in executive session, the Mayor shall announce the topic of discussion in the executive session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, including the specific statutory citation as enumerated below. Prior to entering into an executive session, the Mayor shall state whether or not any formal action and/or discussion shall be taken by the Town Board following the executive session. 1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4)(a), C.R.S. 2. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4)(b), C.R.S. 3. For discussion of a matter required to be kept confidential by federal or state law, rule, or regulation - Section 24-6-402(4)(c), C.R.S. 4. For discussion of specialized details of security arrangements or investigations - Section 24-6-402(4)(d),C.R.S. 5. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4)(e), C.R.S. 6. For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. 7. For consideration of any documents protected by the mandatory non-disclosure provision of the Colorado Open Records Act - Section 24-6-402(4)(g), C.R.S. 1 . Electronic Recording. A record of the actual contents of the discussion during an executive session shall be made by electronic recording. If electronic recording equipment is not available or malfunctions, wdtten minutes of the executive session shall be taken and kept by the Town Clerk, if present, or if not present, by the Mayor. The electronic recording or minutes, if any, of the executive session must state the specific statutory provision authorizing the executive session. The electronic recording or minutes, if any, of the executive session shall be kept by the Town Clerk unless the Town Clerk was the subject of the executive session or did not participate in the executive session, in which event, the record of the executive session shall be maintained by the Mayor. If written minutes of the executive session are kept, the Mayor shall attest in writing that the written minutes substantially reflect the substance of the discussion during the executive session and such minutes shall be approved by the Board at a subsequent executive session. If, in the opinion of the attorney who is representing the Board, and who is present at the executive session, "all or a portion" of the discussion constitutes attorney-client privileged communications: i. No record shall be kept of this part of the discussion. 2. If written minutes are taken, the minutes shall contain a signed statement from the attorney attesting that the unrecorded portion of the executive session constituted, in the attorney's opinion, privileged attorney-client communications. The minutes must also include a signed statement from the Mayor attesting that the discussion in the unrecorded portion of the session was confined to the topic or topics for which the executive session is authorized pursuant to the Open Meetings Law. Executive Session Motion Format. Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of the statutory provision authorizing the executive session. THEREFORE, 1 MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e). 2 To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). DE] For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. For discussion of a matter required to be kept confidential by the following federal or state law, rule or regulation: under C.R.S. Section 24- 6-402(4)(c). For discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402(4)(d). For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the details): The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum present. Retention of Electronic Recording or Minutes. Pursuant to Section 24-6-402(2)(d.5)(11)(E) C.R.S.,the Town Clerk shall retain the electronic recording or minutes for ninety (90) days, Following the ninety (90) day period, the recording or the minutes shall be destroyed unless during the ninety (90) day period a request for inspection of the record has been made pursuant to Section 24-72- 204(5.5) C.R.S. If written minutes are taken for an executive session, the minutes shall be approved and/or amended at the next executive session of the Town Board. In the event that the next executive session occurs more than ninety (90) days after the executive session, the minutes shall be maintained until they are approved and/or amended at the next executive session and then immediately destroyed. 3 9 ANNOUNCEMENT - - - ANNOUNCEMENT-SHALL BE-MADE-BY THE-MAYOR AT_THE BEGINNING OF THE EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE TOWN ATTORNEY. It's Decemb-er 14,3010 , aud-betime - 1 For the record, I am William C. Pinkham , the Mayor (or Mayor-Pro Tem) of th@ ~~ Board of Trustees. As required by_the_Open Meetings-LaYY,-this_executivesession*12 being electronically recorded F Â®so presentat this_exedutive_session arethe.fqllowiog.person(s)1 IMavor Pro Tem Chuck Levine, Tfustees Eric BlacRhurst, Mark Efrod, John Ericsonl Wendy Koenig and Jerry MilleÂ¢ irhis.isanexecutive- session for the following*purp-ose: 6For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and nof involving: any specific employees who have requested discussion of the matteriR hpen session; any member of the Town Board (or body); the appointment of any-- 'person to fill an office of the Town Board (or body); or personneLpolicie-s-thatdo-not 'require-discussion.of- matters-personal.to Ranicular_employeell I caution each participant to confine all discussion to the stated purposeoftfie executivt 'session, and .that-oo formal.actioo may.occur-in.the_executivesessiont ~lf at any point in the executive session any participant believes that the discussion 2 putside of the proper scope _of-the_executivesession, please interrupt the_discusslol~ grld_make_an-objectionF The close of the executive session is in the Mayor's discretion and does not require a motion for adjournment of the executive session. The Mayor shall close the executive session by stating the time and return to the open meeting. After the return to the open session, the Mayor shall state that the Town Board is in open session and whether or not any formal action and/or discussion shall be taken by the Town Board. 4