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HomeMy WebLinkAboutPACKET Town Board Study Session 2010-09-09* Revised 11/03/10 C/.11 STUDY SESSION TOWN BOARD Tuesday, November 9, 2010 4:30 p.m. Rooms 202/203 170 MacGregor Ave. AGENDA * 4:30 p.m. - Historic Preservation Ordinance. - Volunteer Background Checks. 7:00 p.m. - Board Meeting. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. all '62$1 <623* ...... ......I-/. I STUDY SESSION TOWN BOARD Tuesday, November 9, 2010 4:30 p.m. Rooms 202/203 170 MacGregor Ave. AGENDA 5:00 p.m. - Historic Preservation Ordinance. - Volunteer Background Checks. 7:00 p.m. - Board Meeting. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. * Revised 11/03/10 STUDY SESSION TOWN BOARD Tuesday, November 9, 2010 4:30 p.m. Rooms 202/203 170 MacGregor Ave. AGENDA * 4:30 p.m. - Historic Preservation Ordinance. - Volunteer Background Checks. 7:00 p.m. - Board Meeting. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. ,. Cynthia Deats From: Admin iR3045 Sent: Wednesday, November 03, 2010 3:31 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3659 ST. TIME 11/03 14:25 PGS. 1 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 . Cynthia Deats From: Admin iR3045 Sent: Wednesday, November 03, 2010 2:51 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3653 ST. TIME 11/03 13:42 PGS. 1 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 . The Town of Estes Park, where so much of the early history of Colorado tourism had its beginnings, has in recent years taken a number of important steps to recognize, protect, and celebrate, its heritage. What has been proposed by the Historic Preservation Ordinance Committee can be considered a model of its kind. Its adoption and implementation will make historic preservation a community-wide priority and point of pride by encouraging the recognition and preservation ofproperties and sites that can never be replaced. Its approach is judicious and balanced. It calls attention in a positive way to the need for historic preservation. and to the tangible benefits that can accrue to those who choose to participate, while, simultaneously, respecting the rights of individual property owners. As such it deserves the respectful attention of everyone who benefits from being able to say that "I too live in Historic Estes Park". James H. Pickering Historian Laureate Town of Estes Park DRAFT: FOR 11/9/10 REVIEW WITH TOWN BOARD HISTORIC PRESERVATION ORDINANCE FOR THE TOWN OF ESTES PARK SECTION 1: PURPOSE The intent of this Ordinance is to promote public safety; health, and the general welfare in a way that preserves Estes Park's historic character, and creates balance between private property rights and the public interest. This shall be accomplished by: [Note I: This statement is found in many Colorado ordinances as a summary statement of purpose. The phrase "public health, safety, and welfare" points out that Historic Preservation ordinances serve a valid public purpose. The establishment of such ordinances is a legitimate function of local government as authorized by the public welfare component of police power.] 1. Fostering civic pride in the Town of Estes Park through increased awareness of its unique history and heritage, and in the beauty and accomplishments of the past. 2. Securing Estes Pdrk's historic character for the benefit of present and future generations by promoting the Preservation of Buildings and Sites which have historic, cultural, archeological, or architectufal value and which, as such, are unique and irreplaceable community assets. [Note 2: "Preserve our unique character and history" is part of the Town's Vision Statement. "Historic, cultural, archeological, and architectural value" come from the Secretary ofthe Interior's Standards for the Treatment of Historic Properties, and CLG Handbook, Section 3.Al 3. Promoting and encouraging continued private Ownership of such Buildings and Sites while maintaining and improving property values, through Preservation activities that maintain and strengthen economic vitality, and continue to increase the community's attractiveness to residents and visitors. [Note 3: the phrase "Maintain and strengthen our economic vitality" is part of the Town's Vision Statement.] 4. Ensuring that exterior Alteration, Relocation, or Demolition of a Building of historic value is carefully considered for its impact on the Site's historic contribution to Estes Park's heritage. 1 [Note 4: This item is taken from Pagosa Springs' historic Preservation resolution, Section 8.1,2.D. To the extent an historic Preservation ordinance preserves existing historic resources, it "consider(s) the impact of our action on the environment"-a goal that is part of the Town's Vision Statement. Historic Preservation has been called the ultimate form of recycling. In addition, by reusing existing Buildings and infrastructure, fewer municipal dollars are spent on the construction of new roads, sewer and water lines and other utilities.] 5. Encouraging historic tourism and its economic benefits to the community. [Note: 5 "Enhance recreational and cultural opportunities" is part ofthe Town's Vision Statement. One of the main reasons people travel is to learn and enjoy the diversity of locales. "Heritage tourism" is a large and growing component of the travel industry world-wide. People ' seek out historic places, which serve as destinations or complement other attractions in the area (in our case a national park), bringing increased tourism dollars to the communities visited.] 6. Conserving valuable material and energy resources through the ongoing use and maintenance of the existing built environment. [Note 6: This stresses the issue of adaptive reuse and its economic and social benefits. The phrase "preserve our unique character and history" is one of the Town's Core Values,] SECTION 2: DEFINITIONS. "Alteration" means any act or process that changes one or more of the exterior architectural features of a Building or Site, including but not limited to their erection, construction, Reconstruction, or removal. "Alteration Certificate" means a certificate issued by the Estes Park Historic Preservation Commission after its review of an application to significantly alter, move, or demolish any designated Historic Building or Site to make sure that such actions are in accordance with the provisions of this Ordinance and with the Secretary of fhe Interior's Standards for Rehabilitation. These Standards are listed in Section 8.1.2 of this Ordinance. "Building" means any structure created for the support, shelter or enclosure of persons, animals, or property of any kind and which is permanently affixed to the land. "Certified Local Government (CLG)" is a program enabled under federal legislation, which allows for pannerships between local and state governments, to accomplish the purposes of historic Preservation. To be eligible for CLG Designation, a local government is required to adopt certain standards and regulations specified by the state. In return, the local government is 2 eligible for additional grant money, and local historic properties may be eligible for state and federal tax credits and other financial incentives. "CLG Guidelines" refers to the guidelines and standards established for Local Certified Governments in Colorado as set forth the Colorado Certijied Local Government Handbook, as may be amended. "Commission" means the Estes Park Historic Preservation Commission as created in Section 3. "Compatible" means that the proposed Alteration to a Designated Historic Landmark or Building or Site within a Designated Historic District is consistent with the Secretary Of the Interior's Standards for Reliabilitation. "Comprehensive Survey" means a systematic, detailed examination of an area d6signed to gather information about Historic Buildings, Sites, or neighborhoods sufficient to evaluate them against predetermined criteria. [Note 7: This definition is taken from the Secretary Of the Interior's Standards#or the Treatment of Historic Properties A "Contributing Property" means a Building, structure, Landmark, feature or object within a Designated Historic District that embodies the Historic Significance, or adds to the histAric. associations, historic architectural qualities or archaeological values identified for the historic District, and was present during the Period of-Significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important information about the period. "Demolition" means any act or process that destroys in part or in whole any Building or Site. , "Designated Historic District" means a definable area- which may include both sides of a street- of at least five (5) Contributing Historic Buildings or Landmarks, which retains its historic or architectural significance, and whose Owners wish to have them Designated. [Note 8: This definition is taken from the 1997 Tulsa Historic Preservation Resource Documedt.] "Designation" means official recognition by the Town Board of a Building or Site as historic. "Design Guidelines" mean set of standards of actions or activities appropriate to the Preservation of the historic and architectural significance of a Building or Site and which are consistent with the Secretary of the Interior 's Standards for Rehabilitation. *'District" means an area, set off for administrative or geographical reasons, that contains Buildings and/or Sites considered of historical importance. 3 "Estes Valley Planning Area" means that portion ofthe Estes Valley described in the Estes Valley Development Code and its associated maps. "Exterior" means the architectural style and general arrangement of the exterior of a Building, including the type and texture of the Building materials and all windows, doors, lights, signs, and other fixtures appurtenant thereto. "Historic Building" means any Building at least fifty (50) years of age which is of Historic Significance to the Town of Estes Park. "Historic District Significance" means a collection of Buildings, objects, Sites, properties, and spaces that possess integrity of location, design, setting, materials, workmanship, feeling, and + association, and which are of Historic Significance to the Town of Estes Park. "Historic Significance" means having importance in the history, architecture, culture, or archeology ofthe Town of Estes Park. "Landmark" means a local Site or property that has been designated such because of its Historic Significance and its importance to the Town ofEstes Park. 'local Registrf' means The Registry of Designated Local Historic Landmarks and Landmark Districts in the Town qf Esta Park, which lists the local historic properties determined to meet specified criteria of significance. . [Note 9: This definition is the one for "Inventory" taken from the Secretary of the Interior's Standards for the Treatment of Historic Properties . k echoes the termused in recognizing Historic Buildings and Sites at the State and National level] "National Register" means the National Register ofHistoric Places: the official list maintained by the National Park Service. "Noncontributing" means a structure that is described as such in the Ordinance establishing a Designated Historic District. Noncontributing structures do not add to the historic or architectural qualities of an Historic District, were not present during the Period of Significance, or, because of Alterations or deterioration have lost their physical integrity. [Note 10: This definition is derived from Denver's Landmark Preservation Ordinance, Section 30.2 (6) a and b.] "Ordinary Maintenance" means any Work where the purpose and effect is to correct deterioration or decay of a structure or any part thereof and which does not affect a significant change or Alteration of the external appearance of the Building or Site. "Owner" means the Owner or Owners of record. 4 "Period of Significance" means the time period during which a structure or District gained its architectural, historic, or geographic importance. A District's Period of Significance may cover a longer period oftime than a structure's, in order to encompass the period during which the District developed. [Note 11: This definition is deriv6d from Denver's Landmark Preservation Ordinance, Section 30,2 (6.1).] "Preservation" means the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. [Note 12: This dermition is taken from the Secretary of the Interior's Standards for the , Treatment of Historic Properties.1 "Reconnaissance Survey" means an initial examination of an area in sufficient detail to give a general idea of the Historic Buildings and properties at least &0 years old that may be present, which results in a list of Sites and properties which may be eligible for Designation. [Note 13: This definition, like the ones for "Reconstruction," "Rehabilitation, and "Restoration" below, is taken from the Secretary of fhe Interior 's Standards for the Treatment of Historic Properties.1 "Reconstruction" means the act or process of depicting, by means ofnew construction, the exterior form, features, and detailing of a non-surviving Building, Site, or object for the purpose ofreplicating its appearance at a specific period of time in its historic location. "Rehabilitation" means *the act or process of making possible a Compatible use for a Building through exterior repair, Alterations, and additions, while preserving those portions or features which convey its Historic Significance. "Relocation" means the movement of a structure or part of a structure from one location to another location on the same property, or to a different property. "Resioration" means the act or process of accurately depicting the exterior form, features, and character of a Building as it appeared at a particular period of time by means of the removal of features from other periods in its history and the Reconstruction of missing features from the Restoration period. "Site" means a location or area without Buildings determined to have significant merit for historic Designation under this Ordinance. [Note 14: In RMNP roads and trails have been listed on the National Register; CDOT hap similarly listed bridges in the Big Thompson Canyon.] 5 "Standards for Rehabilitation" refers to the Secretary ofthe Interior's Standards.for Rehabilitation, Revised 1990, which sets forth ten general standards to guide Alterations to Landmarked properties. The standards are *'to be applied in a reasonable manner, taking into consideration economic and technical feasibility." "State Register" means the Colorado Register of Historic Properties: the official list maintained by the State of Colorado containing cultural properties across the state that have been thought worthy of Preservation. "Work" means any Alteration, Demolition, new construction, Restoration, remodeling or modification which results in a significant change in the external appearance of a Building or Site, except ordinary maintenance of the same. SECTION 3: HISTORIC PRESERVATION COMMISSION There is hereby created the Historic Preservation Commission of the Town of Estes Park. The Commission shall: 1. Be advisory to the Town Board. Its powers and duties are confined and limited to those established by this Ordinance. [Note 15: This article explicitly addresses one of the concerns voiced during Town Board Study Sessions about a Commission "running amok."] 2. Be appointed by the Mayor through Estes Park's appointment process, subject to confirmation by the Town Board. 3. Be composed of seven (7) voting members, providing balanced, community-wide representation. All members must have a demonstrated interest or expertise in historic Preservation. Members must live within the corporate limits of Estes Park or the Estes Valley Planning Area. At least four of these members must be Town residents. Members serve at the pleasure of the Town Board. [Note 16: This language is derived in part from Durango's Historic Preservation Resolution. The CLG Handbook specifies a minimum of five members. The Committee recommends 7 members as sufficient to ensure a quorum, without making the Commission too large. We believe the Commission should be a Working Commission, and that by having 7 Working members less Staff time will be required.] 4. Be composed of both professional and lay members, selected, as much as possible, from the fields of history, architecture, architectural history, prehistoric or historic archaeology, 6 engineering, planning, or related disciplines such as the Building trades, cultural geography, cultural anthropology, real estate or law. The credentials of Commission members shall be kept on file in the Office of the Town Clerk and be available to the public. [Note 17: With the exception of where the credentials are to be kept and made available this paragraph is taken verbatim from the CLG Handbook, page 4, B. 2.] 5. Be comprised of at least 40% of members who are professionals in Preservation related disciplines such as architecture, architectural history, archaeology, engineering, history, planning, American Studies, American civilization, cultural geography or cultural anthropology. Recognizing that such professionals may not always be available for r appointment, this requirement can be waived upon the good faith effort by the Town Board to recruit such individuals and the demonstration that the individuals chosen are capable of carrying out Commission responsibilities. [Note 18: Adapted from CLGHandbook, page 4, B. 3.] 6. Monitor existing and future Building codes and fire codes to assess the implications of these codes on historic Preservation, and advise the Town Board and other agencies of these implications. 7. Be initially appointed as follows: Two members of the Commission shall be appointed for a one (1) year term; two members shall be appointed for a two (2) year term; and three members shall be appointed for a four (4) year term. Thereafter, the term of service shall be for four consecutive years. Members may be reappointed by the Town Board. When vacancies occur, they shall be filled by the Town Board, in the same manner as the original appointmedt. [Note 19: Four year tenns are consistent with the tenns of most other Estes Park boards and committees. The CLG Handbook (page 4, B. 5) requires that tenns Commission be staggered and be at least one year in duration.] 8. Annually elect three (3) officers: Chair, Vice-Chair, and Recording Secretary. The Chair shall preside at meetings, call special meetings, issue public statements for the Commission, and in general assume the duties of directing the activities of the Commission. The Vice-Chair shall act in the place of the Chair in the event of the latter's absence. The Secretary shall keep a complete and current agenda, the minutes of each meeting, and be responsible for the publication and distribution of minutes, proceedings, and reports (including those reports and documents required for CLG participation). The minutes of all Commission decisions and actions, which include the reasons for making those decisions, shall be kept on file and be available for public inspection. 7 [Note 20: ( 1) CLG status requires that "Minutes of all Commission decisions and actions, which include the reasons for making those decisions. must be kept on file and available for public inspection." CLG Handbook, page 7, D. 3. (2) CLG participation requires that minutes be sent to the State Historic Preservation Office, CLG Handbook, page 5, B. 8 and10.] 9. Define a quorum for the transaction of business as a simple majority of the total number of appointed members. All Commission meetings shall be open to the public and follow the provisions of the Colorado Open Meeting Law (CR 24-67-40, et seq.), and all Commission decisions shall be made in open public session with the exception of those specified by law. [Note 21: Following the provisions of the Colorado Open-Meeting Law is a condition of CLG participation. See CLG Handbook, page 5, B. 5, and page 7, D. 2. The instances where public disclosure is not required are specified in the CLG Handbook, page 5, B. 7.] . 10. Meet as necessary, but at least quarterly, at such times and places as it may determine, or upon call of the Chair. [Note 22: CLG participation requires at least four meetings/ year. CLG Handbook, page 5, B. 9.] 11. Establish other procedures or by-laws, consistent with this Ordinance and the ordinances and policies of the Town of Estes Park, as deemed necessary to meet the requirements of Certified Local Government status as outlined herein. Such procedures and/or bylaws shall be made available to the public. [Note 23: This final phrase ("to meet the requirements of Certified Local Government status") is important for it addresses all the reporting issues mandated by the CLG Handbook. The issue of availability ofprocedures or by-laws is a requirement for CLG status. See CLG Handbook, Page 5, B. 6.] SECTION 4: POWERS AND DUTIES OF THE ESTES PARK HISTORIC PRESERVATION COMMISSION The Estes Park Historic Preservation Commission Shall: 1. Conduct on-going reconnaissance surveys to identify the general location and nature of cultural resources, such as Historic Buildings and Sites in the area. These surveys shall be Compatible with federal and state established methods and consistent with Colorado's historic Preservation planning processes. 2. Establish, maintain, and make available to the public the results of such surveys in the Office of the Town Clerk. The Commission may also choose to provide these records at the Estes Park Public Library, the Estes Park Museum, and at other such locations The 8 Reconnaisance Surveys shall be published, and individual property Owners shall be notified in writing if their properties are included on these surveys. [Note 24: See CLG Handbook, page 6. C. 1. 2,4, and 5. The Department ofthe Interior's Guidelines for Local Sufveys: A Basis for Preservation Planning (1911,Revised in 1985.31 3. Review nominations and applications for the Designation of Buildings and Sites as local historic Landmarks and historic Districtk. Advise and offer guidance to nominators and applicants regarding procedures, Design Guidelines, and resources available. See Section 6, below. 4. Establish, maintain, and make available a Local Registry which lists the local historic , properties determined to meet specified criteria of significance. Make this Local Registry available in the Office of the Town Clerk (official copy), the Estes Park Public Library and the Estes Park Museum. The purpose of this Local Registry is to provide the Town with a permanent record of its designated historic resources and to encourage their Preservation, enhancement, and perpetuation. 5. Participate, as required for CLG status, in the process for nominating local Buildings and Sites for inclusion on the National Register of Historic Places. [Note 25: This meets the requirements of Section VI (pages 12-13) in CLG Handbook.] 6. Advise and offer guidance to Owners of Designated Historic Landmarks who wish them listed on the State and National Registers. I 7. Advise property Owners and others of the benefits, financial and otherwise, of historic Preservation and the value to the community of protecting, preserving, and enhancing Buildings and Sites of historic importance. 8. Direct Owners of designated historic Landmarks to resources that can assist with their Alteration, Rehabilitation, Restoration and/or Reconstruction. 9. Solicit gifts, contributions, and grants to be made to the Town for the purpose of historic Preservation. 10. Carry out and assist others in studies and programs designed to identify and evaluate Buildings and Sites worthy of Preservation. [Note 26: The Town and the Commission could cooperate on interesting (and fundable) projects with RMNP, state and national universities, and other organizations -- for example with MacGregor Ranch. Such a clause will encourage and remind the Commission of this opportunity and remind others to approach the Commission with their projects.] 9 11. Work with the Estes Park Museum and other local organizations to develop and promote on-going public education programs about the value of preserving local Historic Buildings and Sites. [Note 27: This addresses a central responsibility mandated by CLG Handbook, see page 7, D. 5.] 12. Provide to the Town Board, at least once annually, a report summarizing current Commission activities. 13. Advise, as requested, the Town Board on matters having to do with the Historic Buildings, Sites, and resources of the Town of Estes Park and their Preservation, and related matters. 14. Consult with, and provide information to, civic groups, public agencies, and citizens interested in historic Preservation. 15. Cooperate with History Colorado, the Colorado Historical Society, and the State Historic Preservation Office (SHPO) on matters having to do with historic Preservation and with the requirements and duties of being a Certified Local Government. [Note 28: This addresses the annual training requirement for continuing CLG participation.] 16. Develop detailed administrative procedures for coordination with other relevant government agencies. 17. Fulfill the roles summarized in the following table (roles of Staff and Town Board are also shown for reference): Item Staff Sunnort Commission Town Board Conduct Reconnaisance Surveys X Make Nominations X Review Applications ~ Recommend Designation Approve Designation X Maintain Local Registry X Advise Property Owners Approve Alteration Certificates Recommend Revoking Designation Approve Revoking Designation X Promote Public Education Consult with Citizens Collaborate with the SHPO 10 SECTION 5: CRITERIA FOR DESIGNATING A LOCAL HISTORIC LANDMARK AND LOCAL HISTORIC DISTRICT To be designated a Landmark or part of an Historic District, a Building or Site must meet two or more of the following criteria: 1. In the case of a Building, be at least fifty (50) years of age, unless exceptional Historic Significance can be demonstrated. 2. Has significant character, interest or value, as part of the development, heritage or cultural characteriskics of the Town of Estes Park, the State of Colorado, or the United States; or is associaied with the life of a person significant in the past; or 3. Is the Site of an historic event with a significant effect on society; or 4. Exemplifies the cultural, political, economic, social or historic heritage of the Estes Park community. i 5. Be archeologically significant if a Site has yielded, or is likely to yield, important information regarding history or prehistory. SECTION 6: PROCEDURES FOR THE DESIGNATION OF A LOCAL HISTORIC LANDMARK 1. No Building or Site may receive Designation as a Local Historic Landmark without the consent in writing of the property Owner. 2. Notwithstanding the above, anyone, including the Owner, the Owner's designee, the Town Board, or any organization interested in historic Preservation may nominate a Building or Site, for Designation. 3. Nominations sha~1 be made ona signed nomination form to be established by the Commission and available in the Office of Town Clerk. All Okners of a nominated property shaU be notified by the Commission by certified mail, return receipt requested. Such notice shall reference the privileges, obligations, and restrictions which apply,* along with a request for their response. Owners shall have sixty (60) days from the date shown on the return receip4 to submit a written response to the Commission indicating their consent or objectiod to the nomination. If the Owners object, or do not respond, no further action will be takeni [Note 29: Timing requirements in this draft Ordinance are in the same range as the time periods allowed in the Estes Valley Development Code.] 11 4. The applicant for a property desiring historic designation shall submit supporting documentation and materials as required by the Commission. The application shall include the written consent of the Owner to this Designation. Owner benefits (e.g., potential tax credits), requirements, obligations, and standards for modification shall be provided along with the application form for historic Designation. [Note 30: Longmont has a simple, one-page form for this that can be used as a guide.] 5. Nominations and applications shall be reviewed by the Commission according to the criteria established in Section 5 of this Ordinance. 6. If the Building or Site is not already on the State or National Register, the Commission shall ensure that a Comprehensive Survey of the Building or Site for which an application has been received is conducted within a reasonable time period, in accordance with accepted guidelines. The results and findings of this survey shall be made a matter of public record. 7. Following completion of the Comprehensive Survey the Commission shall hold a public hearing on the application within 60 days. 8. On the basis of the survey, its own review, and the public hearing, the Commission shall take one of the following actions within thirty (30) days: (1) Recommend Landmark Designation to the Town Board for its approval; (2) Return the application to the applicant of record with a request for additional information; or (3) Disapprove the application. All recommendations and requests shall be accompanied by written findings of fact. 9. Disapproved applications may be appealed to the Town Board (see Section 12 of this Ordinance). 10. The Town Board shall hold a public hearing within 30 days of receiving the Commission's recommendation to Designate a Site as a Local Historic Landmark, and decide whether to Designate a Local Historic District. This decision shall be accompanied by a written finding of fact. 11. If a Building or Site is Designated by the Town Board, the Owner shall be notified by certified mail, with a letter describing the basis for Designation, and the benefits and obligations created by this Designation. A copy of this Ordinance shall be enclosed with the letter to the Owner. 12. The resolution Designating the property as a Landmark shall be filed with the County Clerk and Recorder within fifteen (15) days of its effective date. Each resolution shall include a description of the characteristics of the Landmark which justify its Designation, a description of the particular features to be preserved, and a legal description of the location and boundaries of the Landmark. Each Landmark that achieves historic status 12 Designation shall receive public recognition and a plague, provided and owned by the Town of Estes Park, and maintained by the Owner, designating this status. 13. If the Town Board disapproves a proposed Designation, no person shall submit an application that is substantially the same for at least six (6) months from the effective date of the final action on the original proposal. 14. A schedule of fees may be adopted from time to time by the Town Board. [Note 31: This language is similar to that in the sign code. The Committee recommends that no fees be imposed at this time. 30 of the 38 local Colorado ordinances we reviewed had no fees.] SECTION 7: PROCEDURES FOR THE DESIGNATION OF A LOCAL HISTORIC DISTRICT 1. Nominations shall be made on a signed nomination form to be established by the Commission and available in the Office of Town Clerk, and shall be accompanied by a signed petition from at least fifty (50) percent of the property Owners in the proposed District. If less than fifty (50) percent of the Owners have signed the petition, no further action shall be taken. If at least fifty (50) percent of the Owners have signed the petition, all Owners of properties within the nominated District shall be notified by the Commission by certified mail, return receipt requested. Such notice shall reference the privileges, obligations, and restrictions which apply, along with a request for their response. Owners shall have sixty (60) days from the date shown on the return receipt to submit a written response to the Commission indicating their support of, or objection to, the nomination. 2. Applicants seeking Designation as a Local Historic District historic shall submit supporting documentation and materials as re4uired by the Commission. Owner benefits (e.g., potential tax credits), requirements, obligations, and standards for modification shall be provided along with the application form for Historic ,District Designation. Supporting materials shall include all Exterior design guidelines proposed by the District. The application shall be accompanied by a signed petition from at least seventy-five (75) percent of the property Owners in the proposed District. If less than seventy-five (75) percent of the Owners in the proposed District have signed the petition, no further action shall be taken. If at least seventy-five (75) percent of the Owners have signed the petition, all Owners of properties within the proposed District shall be notified by the Commission by certified mail, return receipt requested. Such notice shall reference the privileges, obligations, and restrictions which apply, along with a request for their response. Owners shall have sixty (60) days from the date shown on the return receipt to submit a written response to,the Commission indicating their support of, or objection to, the application. Individual property owners may choose to be excluded from the proposed District. [Note 32: The Town Board should decide, as a policy matter, what the appropriate percentages should be. The petition process described above avoids the cost and complexity of holding a 13 4 , formal public vote on each proposed District, and places the burden of doing the work on those citizens who wish to form the District. This process will be time-consuming but fair, and ensures that people interested in forming such a District are responsible for working with their neighbors to make it happen. Such an approach will tend to create neighborhood cohesiveness and pride.] 3. A proposed District may include both Contributing and Noncontributing Buildings, as defined in Section 2 of this Ordinance. 4. Nominations and applications shall be reviewed by the Commission according to the criteria established in Section 5 of this Ordinance. 5. The Commission shall ensure that a Comprehensive Survey of the District for which an application has been received is conducted within a reasonable time period, in accordance with accepted guidelines. The results and findings of this survey shall be made a matter of public record. 6. Following completion of the Comprehensive Survey the Commission shall hold a public hearing on the application within 60 days. 7. On the basis of the survey, its own review, and the public hearing, the Commission shall take one of the following actions within thirty (30) days: (1) Recommend Historic District Designation to the Town Board for its approval (2) Return the application to the applicant of record with a request for additional information; or (3) Disapprove the application. All recommendations and requests shall be accompanied by written findings of fact. 8. Disapproved applications may be appealed to the Town Board (see Section 12 of this Ordinance). 9. The Town Board shall hold a public hearing within 30 days of receiving the Commission's recommendation to Designate a Local Historic District, and decide whether to Designate a Local Historic District. This decision shall be accompanied by a written finding of fact. 10. If a Local Historic District is Designated by the Town Board, the Owners shall be notified by certified mail, with a letter describing the basis for Designation, and the benefits and obligations created by this Designation. A copy of this Ordinance, and the design guidelines adopted by the District, shall be enclosed with the letter to the Owner. 11. The resolution Designating a Local Historic District shall be filed with the County Clerk and Recorder within fifteen (15) days of its effective date. Each resolution shall include a description of the characteristics of the District which justify its Designation, a description of the particular features to be preserved, and a legal description of the location and boundaries of the District. Each District that achieves historic status Designation shall receive public recognition and a plague, provided and owned by the Town of Estes Park, and maintained by the Owner, designating this status. 14 1 1 ., 11 1 12. If the Town Board disapproves a proposed Designation; n« person shall submit an application that is substantially the same for at least six (6) months from the effective date of the final action on the original proposal. 13. A schedule of fees may be adopted from time to time by the Town Board. [Note 33: This language is similar to that in the sign code. Thd dmmittee recommends that no fees be imposed at this time. 30 ofthe 38 local Colorado ordin6nces we reviewed had no fees.] 1 1 SECTION 8: RESPONSIBILITIES OF THE OWNER O<A DESIGNATED LOCAL HISTORIC LANDMARK AND THE OWNER OF A BUILDING OR SITE WITHIN A LOCAL HISTORIC DISTRICT It is the responsibility of the Owner of a Building or Site Desig~lated a Local Historic Landmark, or the Owner of a Building or Site within a Local Historic District, who chooses to rehovate his or her property, to do so in accordance with~ th; standards and guidelines set fo~th in the Secretag orthe Interior's Standardsfor Re/Ubilitation. By applying for or agreeing to such Designation, it is understood that the Own4 Accepts these requirements. 11 1. Any property designated as an historic Landmark or Historic District shall be subject to all other provisions of the building code and the Estes Valley DevelopmeAt Code. 2. No Owner, lessee, or occupant of any Designated Landm~rk shitll fail to comply with all applicable provisions of this Ordinance and the Town of Estes Park Municipal Code regarding property maintenance. Structures designated fo; PileservatioJ, or contributing structures in Districts Designated for Preservation, shall be preserved against decay and deterioration and kept free from structural defects by the Owder. The Owner shall notify the Commission in writing prior to: a) Reconstruction or Alteration of the Exterior improvemeUs located on the Site, or; b) Construction, Relocation, or Demolition of designated st~uctures on the Site. [Note 34: Items I and 2 above are derived from the Pagosa Springs Historic Preservation Ordinance,'Sections 8.1.4 and 8.1.5, and the Denver LandmarkIPreservation Ordinance, Section 1 30-8.1 3. If the Commission finds that an Owner fails to meet these r~quirements, the Owner shall be notified in writing and giten sixty (60) days to correct any liroblems. If no action is taken to correct the problems, the Site's Designation may b~ revoked by action of the Town Board, after a public hearing on the matter. 1 1. 1 1 15 SECTION 9: ALTERATIONS TO A DESIGNATED HISTORIC LANDMARK OR TO A BUILDING OR SITE WITHINA DESIGNATED HISTORIC DISTRICT SUBJECT TO COMMISSION REVIEW 1. This Section sets forth for the Owners of Designated local historic Landmarks and the Owners of Contributing properties within Local Historic Districts the Alterations which are subject to review by the Commission and for which an Alteration Certificate is required. Nothing in this Ordinance shall preclude compliance with applicable building or land use codes. 2. Requirements for maintaining historic Designation shall be included with all application forms, so that applicants and property Owners understand expectations and requirements + prior to applying for historic Designation. Minimum requirements are listed in Section 8.2 of this Ordinance. [Note 35: These items are "must do" requirements for a property Owner who chooses to opt in to an Historic Designation.] 3. The standards for issuing Alteration Certificates for maintaining historic Designation are listed below. These Standards are to be applied to specific projects in a reasonable manner, taking into consideration economic and technical feasibility. a) A property shall be used for its historic purpose, or be placed in a new use that requires minimal change to the defining Exterior characteristics of the Building and its Site and environment. b) The historic character of a property shall be retained and preserved. The removal of historic materials or Alteration of exterior features and spaces that characterize a property shall be avoided. c) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other Buildings, shall not be undertaken. d) Most properties change over time; those changes that have acquired Historic Significance in their own right shall be retained and preserved. e) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. f) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. g) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 16 h) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i) New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the property. The new Work shall be differentiated from the old and shall be Compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. j) New additions and adjacent or related new construction shall be undertaken in a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. , \Note 36: These arethe Secretary of the Interior's Standards for Rfhabilitation,revised 19901 4. No person shall make any Alteration to a Designated Historic Landmark or to any Contributing Building or Site within a Designated Historic District without first obtaining an Alteration Certificate from the Historic Preservation Commission, and a building permit from the Town of Estes Park (when required). [Note 37: Each historic district will establish its own specific requirements, which will be used by the Estes Park Historic Preservation Commission to evaluate changes.] 5. For the purposes of this Section, Alteration includes any act or process that significantly changes, obstructs, or is incompatible with the historic character of a local designated ~ historic Landmark, or a Building or Site within a Designated Historic District; changes one or more of the exterior architectural features of such a Building or Site, exclusive of interior renovation or remodeling; demolishes or partially demolishes such a Building or Site; changes contributing properties within a Designated Historic District; initiates new construction within a Designated Historic District or initiates additions to Buildings and Sites within such a District. SECTION 10: CRITERIA AND PROCEDURES FOR THE ISSUANCE OF AN ALTERATION CERTIFICATE 1. An Alteration Certificate shall be issued for the proposed Workproviding: a. The proposed Alteration is Compatible with the Secretary of the Interior's Standards for Rehabilitation. These standards are listed in Section 8.2 of this Ordinance. 17 b. Alterations and new construction within a Designated Historic District shall comply with the requirements established by that District. These standards must meet or exceed the Secretary of the Interior's Standards included in this Ordinance. [Note 38: Noncontributing Buildings within a Designated Historic District will have different rules than contributing Buildings: Owner may choose to follow Historic District rules, or standard Estes Valley Development Code.] 2. Procedures for obtaining an Alteration Certificate shall be as follows: a. Prior to commencement of Work requiring an Alteration Certificate, the Owner shall file an application for such a certificate with the Commission on forms available at locations designated by the Commission. b. All applications for an Alteration Certificate shall be forwarded to the Commission. c. As part of the application process the Owner shall provide the Commission with a copy of all available information relevant to the proposed Work (inclusive of plans, proposals, evaluations, specifications, drawings and sketches, etc.), together with a copy of the application for a building or Demolition permit, if applicable. Timing for submitting this information shall be the same as that in the Estes Valley Development Code. The Commission and the Town of Estes Park building Department shall both sign off on plans before any work is begun, to ensure that the work described in the building permit is consistent with the Alteration Certificate. d. Once the application for an Alteration Certificate is complete the Commission shall hold a public hearing on its merits. e. The determination by the Commission on a completed application for a Alteration Certificate shall be made no later than thirty (30) Working days after receipt of the completed application. This time may be extended by mutual agreement of the applicant and the Commission. f. The determination of the Commission shall be one of the following: (1) That an Alteration Certificate be issued; (2) That an Alteration Certificate be issued subject to stipulated modifications; (3) That no Alteration Certificate be issued because the application does not meet one or more of the above-listed criteria. For all decisions, the applicant shall be provided a written statement containing findings of fact based on the applicable criteria. g. If the recommendation is negative, the property Owner and the Commission shall have thirty (30) days to develop a plan that will enable the Commission to issue an Alteration Certificate under the criteria listed above, during which time the proposed work shall not proceed. 18 h. If negotiations in Step g, above, result in no resolution, the applicant shall have sixty (60) days in which to appeal to the Town Administrator or his/her designee. [Note 39: The above guidelines were obtained by reviewing and selecting the most relevant ordinances from other towns. Delegation to Staff on these items reduces the Town Board's workload.] SECTION 11: PENALTY FOR NON-COMPLIANCE WITH REQUIREMENTS FOR DESIGNATED HISTORIC STATUS 1. If a Designated Landmark does not maintain compliance with the criteria and procedures outlined herein, the Commission may, after a public hearing, recommend that the Town Board revoke its designated local historic status. 2. If a Contributing Building within a Designated Historic District does not maintain compliance with the criteria and procedures adopted by that District, the Commission may, after a public hearing, recommend that the Town Board revoke that Building's local historic status. 1 3. If the Town Board elects to revoke historic status Designation, the penalty shall be public acknowledgement pf this change in status and removal of the plague for that Site. [Note 40: This approach emphasizes the voluntary nature of historic Preservation, and minimizes staff time requirements.1 SECTION12: SIGNIFICANT ALTERATION, DEMOLITION, OR REMOVAL OF HISTORIC PROPERTIES 1. A waiting period of sixty (60) days shall be imposed on any permit that would significantly Alter, Relocate, or Demolish an Historic Building or Site listed in the Reconnaisance Survey, whether or not that Building or Site has already been Designated a Local Historic Landmark. The Owner shall wait 60 days before making any changes, in order to allow written and photographic documentation of the Building or Site, and exploration, discussion, and negotiation on potential alternative approaches to what is planned. [Note 41: This is th& only case in which any restrictions are placed on a property that has not yet been officially designated as historic. This is because national and state Designation provide no protection against Alteration or Demolition: only local Designation can provide this protection. ] 2. In any case where a duly authorized officer or agent shall order or direct the construction, Reconstruction, remodeling, repair, or Demolition of any structure, Site, or 19 area which otherwise requires action under this Ordinance, for the purpose of remedying conditions determined by said officials or agents to be immediately dangerous to life, health, or property, nothing contained in this Ordinance shall be construed as making it a violation of this Ordinance to comply with such order or directive. [Note 42: This statement is derived from Golden's Historic Preservation Ordinance. Item 18.58.100: "Remedying Dangerous Conditions."] SECTION 13. APPEALS The following actions of the Commission may be appealed within sixty (60) days of the Commission's action: 1. Decision not to recommend an application for Designation as a local historic Landmark or local Historic District may be appealed to the Town Board. 2. Decision to disapprove an application for a Alteration Certificate may be appealed to the Town Administrator or his/her designee. SECTION 14: SEVERABILITY: If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared severable. 20 k . Reconnaisance Survev Process ~ Conduct Recon. Criteria Su rvey Send ;to State Make list of Historic Pres. < sites available Society to public I/ Send Letters to Property Owners % Historic Designation Process Criteria I ~ Nornination by... /'-- -1 List of Sites 0--- 1 Town Historic Board Organization 1 1 V Property Property 1 , Owner Owner OK? i STOP ' No Nominate; Yes ) Submit < Application V Comprehensive Criteria I ~ Survey & Commission Review 1 See next page . Historic Designation Process, cont'd From previous page 4 - V Request More , i Commission Informatioh I Decision * . V V Recommend Recommend Approval ~ Denial 4 1 V State/Natfl - Town Board , ~ Appeal? 1 Landmarks Hearing r I Yes 1 4 No Designated by , Yes Town Board > STOP Town Board Decision No Press Release; Resolution - Letter to Owner _---4 Public . Approved Recognition 1 V Recorded by Plaque Send Updates County Clerk & Provided to to SHPS Recorder Site* *This can be done with a public, on-site presentation TOWN of ESTES PARI© Administration Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Lowell Richardson, Deputy Town Administrator Date: 11/04/2010 RE: Volunteer Background Checks Background: At the October 12~h Town Board study session the discussion concerning volunteer background checks was presented. The question posed specilically was, should background checks or screenings of volunteers be conducted? Examination of this question required assessing the types of volunteers the Town of Estes Park uses within its organization. Currently we have Town Board/Mayoral approved volunteers and Town Department volunteers. Within these levels of volunteer groups are; ad-hoc committee appointees, temporary volunteer appointees, non-profit volunteer groups and individual volunteers. Research at a national level was conducted through the internet to identify what are the most common practices in managing volunteer programs in local government. Additional research induded discussions with the Town's Attorney and the Town's liability insurance provider, CIRSA regarding the subject matter. An unexpected outcome of this informal research induded volunteer liability. CIRSA and Town Attorney I spoke with both legal experts regarding background checks of volunteers and managing volunteer liabilities. The discussion of managing the inherent liabilities common with using volunteers within the government work place was discussed. Both attorneys stated those liabilities exist when a volunteer fails to conduct themselves within the scope of their defined duties. When this happens the volunteer faces exposure to personal liability if a claim is filed. Additional research uncovered liability protection for Town of Estes Park volunteers exists at the national level, state level and local level. In addition the Town provides Volunteer Accident Medical Protection and access to volunteer board liability insurance at their expense. This information is provided in greater detail. Federal Level A federal law known as the "Volunteer Protection Act" contains four standards that apply in protecting a volunteer: 1) If they acted within the scope of their responsibilities; 2) Are they properly licensed, certified, or authorized by the appropriate authorities to act in such a manner; 3) They did not fall below the minimum standard of conduct defined by the organization they volunteer for; 4) They were not operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires an operator license or insurance. State Level Important to this discussion of volunteer management is the "Colorado Governmental Immunity Act" which protects volunteers as well. Town Attorney White states volunteers are protected under this act if they act within the scope of their defined or instructed duties while serving in the capacity of a volunteer on behalf of the Town of Estes Park. The immunity act specifically identifies volunteers as protected within the act. The process if a claim is filed against the Town is no different if a claim is filed against a fulltime employee. A $5,000 deductible would be paid to CIRSA and the volunteer would be afforded those legal protections afforded a fulltime employee. Town Level The Volunteer Protection Act and Colorado Governmental Immunity Act serve as layers of protection for the community volunteer who serves in such capacity on behalf of the Town. In addition the Town of Estes Park provides the following protection for its volunteers: 1) Volunteer Accident Medical Plan (VAMP) coverage is $25 deductible per event with a limit of $50,000; 2) Liability protection if they operate within the scope of their defined or instructed duties; 3) Access to Volunteer Board liability insurance if the volunteers are filed as a corporation with the State of Colorado this benefit is available to them for an annual premium. Background Checks CIRSA Attorney Tanoue stated background checks on volunteers who work with the elderly, youth and handle public funds should be conducted. Town Attorney White echoed that position. However, conducting background checks on other volunteers seems to be less clear as a policy decision. For the Town the types and layers of volunteers we have adds to the ambiguity of the issue. There are two types of volunteers within the Town. Volunteers appointed by the Mayor then approved by the Town Board and volunteers used by Department Heads to assist their staff in completing department tasks. How the two groups are managed by the Town becomes critical in developing a consistent practice when allowing volunteers into the organization. As part of this report a copy of the Town of Breckenridge's "Volunteer Manual" was acquired from CIRSA (see attachment). Addressing all facets of managing volunteers for their Town including background checks the Town of Breckenridge requires such checks. The Breckenridge model is considered "state of the art" according to CIRSA legal counsel Tami Tanoue. A copy of this model was sent to Town Attorney White for review and comments. In speaking with both attorneys they said determining factors to consider whether or not to conduct background checks on volunteers is do they work with youth, seniors or those who direct-handle-manage public funds. If yes, then background checks would be a prudent action. Another question to answer is what type of background should be completed? There are three types of background checks that can be accomplished through public systems. A national criminal history arrest record check, a state arrest record check and local records check through local law enforcement. NCIC Check - (National Crime Information Center) is managed by the Federal Bureau of Investigation and controlled by federal regulations through that entity. Use is specified for "official use only" typically this falls within Department of Justice activities to include law enforcement, homeland security etc...each of who have access to the national system. This is the most intrusive of the background checks. National checks are only allowed by authorized law enforcement agencies for official purposes which include employment and volunteers for the agency as required by state statutes and federal guidelines. CCIC Check - (Colorado Crime Information Center) is managed by the Colorado Bureau of Investigation and is integrated with the NCIC system. At the state level anyone for $6.85 can run a background check/criminal history check on anybody with the correct personal information online at the CBI website. This is a minimally intrusive background check. Local Records Checks - A local law enforcement records search only provides information for the specific community affiliated with the local law enforcement agency. This is the least intrusive of the backgrounds. A cursory internet search revealed screening of volunteers for private non- profit organizations and governmental organizations runs the gamut on whether background checks should be completed or not. Town of Estes Park Volunteers There are two types of volunteers within the Town of Estes Park. Formal groups or organizations that are appointed by the Mayor and approved by the Town Board those groups are: 1) Special committees appointed by the Mayor as allowed by Town Municipal Ordinance 2.08.030; 2) The Tree Board which is appointed by the Mayor and approved by the Town Board as allowed by Town Municipal Ordinance 2.08.040; - 3) The film commission which is appointed by the Mayor; 4) The Roof Top Rodeo committee which is appointed by the Mayor; 5) The Planning Commission which is appointed as allowed by Colorado Revised Statute 31-23-201 thru 227. The other type of volunteer groups are those that are affiliated with an individual department without Mayoral appointment and are managed through the administrative process within the Town of Estes Park organization and fall under the overall direction of the Town Administrator. Those volunteer groups are: 1) Police The Police Department has two volunteer groups, Police Auxiliary and Restorative Justice Volunteers. Auxiliary members, Restorative Justice Facilitators and regular Restorative Volunteers are subject to background checks prior to appointment by the Chief of Police. Community members called to participate within a Restorative Circle because they were witness to a crime or event, a victim of a crime or event or serve as support to a victim or witness are not subject to a background check for Restorative Justice because they typically sit and serve for that specific event only. 2) Public Works The Beetle Busters is a volunteer group that assists staff with the detection of infected trees on public property and within public rights of way. This group was initially created as a committee from the Tree Board but has since morphed into its own volunteer group. They do not manage funds, they are not filed as a not for profit with the state but they do interact with the general public recommending enforcement action on the part of Public Works to remove infested trees. 3) Finance In the past this department has used volunteers who manage the front counter where the general public is received. They answer phones and receive money from the public. There has not been a volunteer within the finance department for at least three years. 4) Senior Center The Town's Senior Center has a long standing relationship with Senior Center, Inc. which is a not for profit 501 C (3) filed with the state. This group provides financial and volunteer support to the Senior Center working directly with the elderly (as defined by state statute) and controls funds for their organization. This organization has entered into a written agreement with the Town which outlines roles, responsibilities and expectations of both parties. 5) Museum The Town's Museum has a long standing relationship with Friends of the Museum, Inc. which is a not for profit 501 C (3) filed with the state. This group provides financial support and volunteer support for Museum operations. The group manages control of funds for their organization. This organization has a written agreement with the Town which outlines roles, responsibilities and expectations of both parties. 6) Visitor Center The Town of Estes Park Visitor Center was established in 2004 and as part of their creation accepted the Estes Park Ambassadors volunteers as part of their operation. The Ambassadors are not filed as a not for profit organization yet they have a membership of approximately 70 volunteers and they elect officers each year. They are currently working with the Town to establish a written agreement and have been in the development stages of that agreement for the past seven months. Budget: N/A Staff Recommendation: Background checks through the state system and the local law enforcement records system are minimal methods that can be used to screen volunteers for the Town of Estes Park. Each requires only a name and birth date to complete a check. Permanent or what could be considered fulltime volunteers appointed by the Mayor and approved by the Town Board should be subject to background checks. Permanent or what could be considered fulltime volunteers for Town Departments should be subject to background checks. Any volunteer who works directly with youth, the elderly or handles public funds must be subjected to a background check. These Town volunteers are essentially given full access to various Town buildings and receive name badges which allow access to otherwise restricted areas of the work place. It is imperative that the safety of Town employees and the general public are protected from potentially unsafe circumstances. Most government agencies use policies and procedures to accomplish the same objective with fulltime employee selections. Exercising a minimum level of due diligence is preventative and may serve useful should an incident occur with a volunteer. The argument that a background check would not reveal illegal behavior of a volunteer who has not been caught or has gone undetected is easily counterbalanced with a background check. Though a background check would not uncover such a person this person may be less inclined to volunteer if they know they are subject to a background check. This person also may be less inclined to act illegally within an organization that practices cautious selection methods of volunteers. These people get involved where they feel safe and are less likely to be exposed by a trusting organization. Failing to conduct background checks of our volunteers denigrates the Town's safety and security measures recently adopted. Temporary and ad-hoc community volunteer appointees become less problematic and are normally under the control of Town staff and elected officials. They only have access to open public facilities and granted access to restricted areas when accompanied by staff or an elected official. Background checks for this category of volunteer in most instances is not necessary, unless they will be working directly with youth, elderly or handle public funds. Research of managing volunteer programs and volunteers suggest at a minimum the following practices: 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 Town of Estes Park has parts and components of these five recommended practices for its five hundred volunteers but nothing that is a universal document applicable to all volunteers. This type of document would benefit various departments who use volunteers and it would benefit elected officials as well. This also minimizes the Town's exposure to liability related to having volunteers in the work place. Sample Motion: N/A 02=a-- TOWN OF -c--~ Volunteer Guidelines BRECKENRIDGE UL U.1 11'llili Ke, fl 1 1/ 1~ 1 1 1 1 9.bil...,1 1 1: ' L &* 41 1 1 1 12 J 1 . 2 -#4* ·t•E:5-701¢-. '" f 4,~i 4 23°1 f 1, I Town of Breckenridge PO Box 168 Breckenridge, CO 80424 Put phone number here Table of Contents WELCOME TO THE TOWN OF BRECKENRIDGE! 4 THE HISTORY OF THE TOWN OF BRECKENRIDGE 5 PURPOSE OF THE TOWN OF BRECKENRIDGE VOLUNTEER GUIDELINES TOWN OF BRECKENRIDEGE VALUF€ 7 THE TOWN'S MISSION STATEMENT' 7 TOWN OF BRECKENRIDGE 8 ORGANIZATION OF DEPARTMENT€ 8 CHAIN OFCOMMAND 9 DEPARTMENT INFORMATION 9 VOLUNTEER SCHEDHI FF 10 UNIFORMS 10 MEETINGS 11 PERSONAL BELONGINGS AND PHONE CALLS 11 LOSTANDFOUND 11 EEO POLICY 12 WORKPLACE THREATS & VIOLENCE (TVAT) POLICY 12 VOLUNTEER & PATRON RESPONSIBILITIF€ 13 SAFETY 13 VOLUNTEER ACCIDENTS/INCIDENTS 14 GUESTS, RESIDENTS AND CUSTOMER ACCIDENTS/INCIDENTS 14 BODILY FLUIDS/BLOOD/BIO HAZARDS 15 VOLUNTEER CONTRACT -TOWN OF BRECKENRIDGE 16 VOLUNTEER RELEASE/INDEMNIFICATION -TOWN OF BRECKENRIDGE.......................... 17 VOLUNTEER WRITTEN NOTICE OF INJURY 20 GENERAL SUPERVISORY RESPONSIBILITIES 23 RECRUIT, ORIENT & TRAIN 23 SCHEDULE, MONITOR & SUPERVIEF 23 REPORT & RECOGNIZE: 24 VOLUNTEER ACCIDENT MEDICAL PLAN (VAMP) .... 24 ACCIDENT & INCIDENT REPORTING· 25 VOLUNTEER WRITTEN NOTICE OF INJURY 26 Town Of Breckenridge Volunteer Guideline Page 2 of 34 IMPORTANT WAGE & HOUR LAWS THAT PERTAIN TO THE USE OF VOLUNTEERS.......... 28 LIMITS ON VOLUNTEERING .. 28 PAYING VOLUNTEERc .. 29 OTHER COMPENSATION ISSUES 29 SAMPLE VOLUNTEER APPLICATION ..30 SAMPLE VOLUNTEER ORIENTATION & TRAINING CHECKLIST ... 33 SAMPLE CIRSA VAMP TRACKING SPREADSHEET ... 34 Town of Breckenridge Volunteer Guideline Page 3 of 34 I. I WELCOME TO THE TOWN OF BRECKENRIDGEI We're very happy to welcome you to the Town of Breckenridge. Thank you for joining us! We want you to feel that your association with the Town of Breckenridge will be a mutually beneficial and pleasant one. The Town of Breckenridge has established an outstanding reputation for providing quality service. Our goal is to provide a fun, safe, and affordable environment to our guests, residents and customers. Our motto is "We're at work, when you're at play." We hope you, too, will find satisfaction and take pride in your volunteer work here. The following pages provide answers to most of the questions you may have about the policies and procedures we abide by. If anything is unclear, please discuss the matter with your supervisor. You are responsible for reading and understanding these policies, and adhering to these Town of Breckenridge policies while performing your volunteer duties. From time to time, the information included in this manual may change. Every effort will be made to keep you informed through suitable lines of communication, including postings on work bulletin boards. Personal satisfaction gained from volunteering is only one of the reasons most people volunteer. Most likely, many other factors count among your reasons for volunteering: pleasant relationships and volunteer conditions, giving back to your community, making a difference, and being part of a team are just a few. The Town of Breckenridge is committed to doing its part to assure you of a satisfying volunteer experience. You're Part of Our Team... Teamwork is essential here at the Town of Breckenridge. Our guests, residents and customers visits to the Town of Breckenridge will be much more enjoyable if you can knowledgeably answer and assist them with their questions. There may be times when you will be asked to assist with other departments. Your talents and energies will help improve the overall quality of the Town of Breckenridge! Town Of Breckenridge Volunteer Guideline Page 4 Of 34 THE HISTORY OF THE TOWN OF BRECKENRIDGE - 1 1 .. .Me<654 I - 0 Tr/fi.563454*.1,ritifi aa .1.' 021- lit'„-6 - . i . - . .....J Breckenridge's rich history is full of gold finds and mining, exploration and adventure, brothels and saloons, booms and busts. Founded in 1859 by a small group of men and one woman, the town's Gold Rush brought settlers in droves seeking their fortune. People came from across the country and around the world-from New England, Europe, South America and China-all to strike it rich. While some found gold, each adventurer discovered the glory of the Ten Mile Range and the bounty of its beautiful landscape. Breckenridge, which was inadvertently left off the official U.S. maps in the mid-1800s, became known as "Colorado's Kingdom" until the mistake was discovered nearly a half a century later in 1936 when it was finally incorporated. Today, the community embraces this unique aspect of its past through Kingdom Days, a celebration of Breckenridge's heritage. The first settlers did more than erect a bustling town; they drew a community of colorful individuals who put their stamp on town history. Throughout Breckenridge's existence, the spirit of the community and surrounding landscape has inspired residents to participate in the town in their own unique way. And, as with Breckenridge townsfolk of today, the early settlers lived lives full of stories worth telling. Father John Lewis Dyer, an itinerant Methodist minister who embraced the mountain life, made his way to Breckenridge in the 1860s. Father Dyer regularly skied across the Continental Divide on 12-foot long wooden skis to deliver the Gospel, sacks of gold and mail to the mining population. He founded a Methodist Church in 1880 and is well remembered today as the church remains active. While Father Dyer was skiing across the mountains, naturalist Edwin Carter was busy collecting specimens of local wildlife. Carter first came to Colorado to participate in the 1859 Gold Rush, but when he saw the destruction that mining and a growing population wreaked on local wildlife, he changed goals and embarked on a career as a naturalist. During his lifetime, Carter assembled over 15,000 specimens, many of which were used to launch the Denver Museum of Natural History. Today, many pieces can be seen at the Carter Museum on Ridge Street in Breckenridge. Town of Breckenridge Volunteer Guideline Page 5 Of 34 1 --.7% In 1879, Ford's Chophouse opened in the heart of town, at the corner of Washington Avenue and Main Street. This is a seemly small event in the town's history, unless you consider the owner. Barney Ford became Breckenridge's first black businessman when the Chophouse opened, and he is considered Colorado's first great leader of African American heritage. He owned several businesses in Breckenridge, and at one time owned the finest house in town, which is now the Barney Ford House Museum. Highlights of Ford's life story include his escape from slavery, work with the Underground Railroad in Chicago, far-flung business endeavors and starting the first adult education program in the state. He also invested in the Oro Mine and Mill site in French Gulch in Breckenridge. He became rich from this investment and helped create Colorado history. His wife, Julia Ford, earned a listing in the Denver Social Register, the first time that exclusive society admitted an African American. Any mining town worth mentioning has a tale of the "big strike." On July 23, 1887, the largest gold nugget ever found in the state of Colorado was discovered in Breckenridge. Tom Groves walked into the town cradling the blanket-wrapped bundle that gained the name "Torn's Baby"and weighed in at 13.5 pounds. Three days later, the nugget was put on a train to Denver. It was not seen again for 85 years. Rumors surrounding the nugget's disappearance include that it was shown at the Smithsonian, the Peabody Museum, Harvard University and Chicago's Field Museum, but none can be verified. In 1972, the Colorado State Historical Museum was prodded to examine gold specimens that had been deposited in a Denver bank in 1926. Sure enough, Tom's Baby was found, but over five pounds of the nugget remain missing. Essentially, Tom's Baby was kidnapped! For more stories of Breckenridge's past, visit the Breckenridge Welcome Center, 203 S. Main Street. From there, guided or self-guided walking tours are available as well as more information on the historical museums in Breckenridge. For more in-depth information, contact the Breckenridge Heritage Alliance at 800.980.1859, breckheritage.com or contact the Summit Historical Society 970.453.9022 PURPO* OF THE TOWN OF BRECKENRIDGE VOWNTEER GUIDELINES As you begin volunteering for the Town of Breckenridge, you may have many questions. This guideline is intended to help you answer those questions and to give you the information necessary to help make your time spent volunteering a positive experience. The policies and information in these are intended for internal management guidance only and do not constitute either implicitly or explicitly, a binding contractual or personnel agreement. This guideline is provided: Town of Breckenridge Volunteer Guideline Page 6 Of 34 • To orient Town of Breckenridge volunteers with the many aspects of the Town of Breckenridge. • To summarize the policies and procedures established to guide the Town of Breckenridge volunteers towards goal attainment and providing safe, fun, and attractive facilities for our residents to enjoy. • To act as a valuable resource to assist volunteers in answering questions, responding to emergency situations, resolving patron concerns and accomplishing duties and responsibilities. The manual will not meet all situations and needs; however, it should provide guidelines for volunteers to follow. • To provide smooth operation by defining authority, resolving possible misunderstandings, avoiding complaints, providing consistency and displaying the expectations of volunteers for the Town of Breckenridge. It is each volunteer's responsibility to recognize and comply with the established policies and procedures. Therefore, in regard to this manual ..... READ IT, KNOW IT AND PRACTICE IT! - I TOWN OF BRECKENRIDEGE VALUES - lili 4, .9 . 1 ..,€141 + ' 4 ... . 4 ..,. -- 6-yu ..424.6.- *Ii: #ji Zi/~2:P , . + 3. 1 1 - - . r - . ..i 14 . - 1...f: The Town of Breckenridge Values: Influence * Relationships * Knowledge * Adaptability * Communication THE TOWN'S MISSION STATEMENT: "The Town of Breckenridge protects, maintains, and enhances our sense of community, historical heritage, and alpine environment. We provide leadership and encourage citizen involvement." Town of Breckenridge Volunteer Guideline Page 7 of 34 TOWN OF BRECKENRIDGE ORGANIZATION OF DEPARTMENTS Each Town of Breckenridge volunteer has the responsibility to know the organizational structure of the Town of Breckenridge, as this will help you in not only the performance of your duties, but in answering questions from our guests, residents, or customers. OUR ORGANIZAT1ON Q CITIZENS Q Town of Breckenridge Mayor & Six (6) Elected Council Mem bers Town Manager 0 Assistant Town Manager 0 /' Town Ni <2 Departments > Public Works Community (Engineering. Transit, . Development Fleet. Water, Streets & (Planning, Building Parks, Facilities) Inspection, Open Police and Space/Traits, Cultural Community Service Arts. Historic Golf Preservation) (Operations & Maintenance) Recreation (Recreation Center. Ice Arena, Nordic Center & Programs) Administration Clerk & Finance (Accounting, Municipal Court, Town Clerk) Events & Communications# Riverwalk Center, IT. and Human Resources Town of Breckenridge Volunteer Guideline Page 8 of 34 After having learned to competently perform your own duties, your next step is to familiarize yourself with other departments and Town of Breckenridge activities. This can prove valuable to you, our guests, residents and customers. Knowledge of the hours and activities of the Town of ---rm L. Breckenridge will help you avoid the "I don't know" syndrome. Our customers' confidence in you increases as you are able to answer their -* basic questions. However, please don't pretend you know the answers .. =I--1 or try to guess the answer when you are uncertain. If you are unsure of the correct information, refer the inquiry to a staff member, or to a person more qualified to respond. 2198 CHAIN OF COMMAND It is important that the chain of command be followed for any concerns and problems that may arise. If a concern or problem * arises, discuss the matter with your immediate supervisor. If the matter is not resolved, continue to the next level of management. Follow the chain of command, speaking to each level, until the situation is resolved. Do not skip levels to resolve an issue. Following the chain of command keeps all management personnel -- informed, which is very important for operational success. DEPARTMENT INFORMATION Information on a variety of Town of Breckenridge activities, i , i. 1.-: 111 11, '8 1 1...2 . functions and programs is available on our website: 1.1. ,/ 161 ' f .'ll-/ 732 www.townofbreckenridge.com :S '4 '-,; 6 1,1 1 1 -11 1 1 The specific department and area that you are volunteering in ; 1 1 .23.&™ 9 7 has a bulletin board with further information. Bulletin boards and mailboxes are our "official" way of keeping everyone 2 informed about new policies, changes in procedures and special liTU,il. i events. Information of general interest is posted regularly on the 1 ./.11 1 1 - 1 , bulletin board. Please form the habit of checking your mailbox (if available) and reading the bulletin board at the beginning of 0 1#06 ... i, '- every shift you work. Please do not hesitate to ask your 0 -4 11 > 1 volunteer supervisor, should you have further questions. Town of Breckenridge Volunteer Guideline page 9 of 34 VOLUNTEER SCHEDULES Your schedule is coordinated with your immediate supervisor. Please inform him or her of your ~ ~, availability. Your schedule of daily volunteer hours 9 li will be on the bulletin board each week. If you 1 3, desire a specific day or shift, please write down your 1 + ~ request and give it to your supervisor. Once the schedule is posted, it is your responsibility to either f . be at your shift, or have another volunteer fill the , I shift for you. Phone numbers of all volunteers are ·•¢e- · 4, c ' & 1! i R. 0:V posted on the bulletin board. Should you have any '»21 ¢ .r questions regarding your work schedule, please see your supervisor. UNIFORMS All Town of Breckenridge volunteers are expected to portray a positive image to our guest, patrons and customers in both their words and actions. Please keep this in mind with respect to your appearance. If a uniform was provided to you, you are expected to wear this uniform whenever you are volunteering. The standard of dress for volunteers is either the volunteer uniform shirt (if provided) or your own shirt (if no uniform is provided) with khaki, navy or black slacks or shorts. The standard is required at all times, unless designated otherwise by supervisors. Blue jeans, if allowed to be worn in your volunteer position, will be clean and in good repair. Volunteers shall wear a nametag if their duties permit. 41 Facial hair, makeup and jewelry, if worn, should not be excessive. Li Exposed body piercing or tattoos may be considered excessive. Hair should be styled in such a way thatthe face and eyes are visible at all times. Fad hairstyles such as dreadlocks, mohawks, spikes, etc., and -2 J .1.- 1 unnatural coloring may not be appropriate. Supervisors will determine whether or not a volunteer's dress and grooming is appropriate for the position and duties. If the dress or grooming is not appropriate, a volunteer may be asked to go home to change. Town of Breckenridge Volunteer Guideline Page 10 Of 34 MEETINGS Volunteer Meetings: From time to time, your supervisor 4/762-rain; Fl may schedule meetings before, during, or after your Allill//iij,L,1 : ' -- volunteer shift. It's highly recommended that you attend these meetings. They give you and your fellow volunteers 17 a chance to receive information on Town of Breckenridge · DI events, review problems and possible solutions, and to - make suggestions about your department or your duties. PERSONAL BELONGINGS AND PHONE CALLS Please keep the personal items you bring with you during your I volunteer shift to a minimum. We recommend that you lock up all personal items while on the premises. You may put your personal items in your general work area, but please remember this is a community area and not very secure. You are permitted to make limited local area calls on Town of Breckenridge telephones for essential personal business during meal or "break" periods only. Do ~~ not go behind the front desk to use a phone. Please do not abuse this privilege. Personal cell phones should be turned off and put away 19;)0*).. while on duty at the Town of Breckenridge. I. LOST AND FOUND Lost and Found is located in a specific area in each department. Please ask your supervisor for the location of the Lost and Found in your area. E Items must be placed in the Lost and Found area and kept there for a ik:kfirzzz; period of time. After sufficient time, if still unclaimed, items are W*U donated to a local not-for-profit organization. V ¢* .- / . 1.- .0. .. Lost and Found items include everything EXCEPT the following: Combs/Brushes 01 Socks/Underwear Shampoos, Conditioners, and Soaps Hair ties, Clips, Barrettes, etc. *These items should be thrown out *Do not take any items home as it is considered THEFT* Town of Breckenridge Volunteer Guideline Page 11 Of 34 EEO POLICY WEE2~™ BRECKENRIDGE UL W, Town of Breckenridge EEO Policy Statement The Town of Breckenridge is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment. The Town does not discriminate against applicants or employees on the basis of age, race, gender, color, religion, national origin, disability, sexual orientation or any other status protected by federal, state or local law. The prohibition includes unlawful harassment based on any of these protected classes. Unlawful harassment includes verbal or physical conduct which has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. This policy applies to all employees including managers, supervisors, co-workers, and non-employees such as customers, clients, vendors, consultants, independent contractors; elected officials, and others. WORKPLACE THREATS & VIOLENCE OVAT) POLICY The Town of Breckenridge has instituted a Threats and Violence Assessment Team, known as TVAT. This team includes members from each department throughout the town. If a volunteer has a concern related to threats or violence, s/he should report it to this team. The Town of Breckenridge has a strong commitment to maintaining a safe and healthy working environment for its employees, volunteers, clients and the public. The Town has a zero tolerance for any type of workplace violence, including threats of violent behavior directed towards an employee, volunteer, a client, another citizen or property. Violent behavior or threats of violent behavior include behavior or conduct that is abusive or unruly in nature. All threats to safety from any source will be taken seriously and appropriate action will be taken. Such behavior will be investigated when it is reported. Threats or violent actions by a volunteer may result in corrective or disciplinary action, up to and including termination of the volunteer contract, and/or criminal charges when appropriate. In addition, possession of weapons is prohibited in or on any Town facility, including Town vehicles, except when possession is a necessary requirement of a law enforcement officer's job. See also the Town's "Workplace Threats and Violence Policy". Town Of Breckenridge Volunteer Guideline Page 12 of 34 1,4.-iallll)fUOE•)~,4 ~~f " VOLUNTEER ·& PATRON RESPONSIBILITIES> Based on a mutual respect for fellow Town of Breckenridge patrons and the Town of Breckenridge's commitment to community values, the following actions will not be hirfill~liIA tolerated and may result in immediate expulsion and/or suspension of Town of ,- 1. 1. A. Breckenridge privileges. Depending on the incident, the Police Department C p.1/ may be contacted. C- CU • Foul language of any kind • Smoking by youth under 18 (F,% • Verbal abuse of staff or other patrons . • Threatening or intimidating looks and/or body language • Rough-housing • Inappropriate physical contact • Stealing • Abuse of vending machines • Refusal to follow directions by staff or other patrons • Sneaking into fee based sessions or activities without paying or showing membership card • Patron under the influence of alcohol or drugs that is impacting other customers or staff • Vandalism • Weapons possession If you observe behavior that is inappropriate, please contact your supervisor or any other member of Management immediately. SAFETY ~ It is the responsibility of volunteers to: 1/LkY*i.. 1. Understand and follow all Town & Department rules and ~ safety standards. 2. Make sure they are familiar with the safe and proper use of *4»114 + equipment. 3. Operate all tools and equipment in a safe and careful + manner. 4. See a TOB Supervisor if you are unfamiliar with how to perform a job or use a piece of equipment safely. Volunteers must report unsafe working conditions to their supervisors immediately. First Aid Stations are located in vour department; please see your supervisor for information on the locations. Town Of Breckenridge Volunteer Guideline Page 13 Of 34 6 .. p ~ ' VOLUNTEER ACCIDENTS/INCIDENTS Occasionally, an accident may occur. If a volunteer has an accident while 'lill '211'"ill"ZA performing his/her duties, they must immediately report it to their ~ ~ supervisor. If they believe they need to seek medical treatment, they + conducted by the volunteer's immediate supervisor and their Divisional should immediately notify their supervisor. An initial investigation will be Managershall be notified. Depending upon the type of accident, the + police department, fire department or other entities may be involved in 4, + the investigation. Through the Town of Breckenridge's involvement with the Colorado Intergovernmental Risk Sharing Association (CIRSA), the Town has procured Volunteer Accident Medical Plan (VAMP) coverage for qualified and enrolled volunteers. VAMP provides a limited amount of accident, medical and death/dismemberment coverage for covered volunteers. VAMP coverage is not a "substitute" for workers' compensation coverage; and in the event of an injury, please make sure to immediately complete the Volunteer Written Notice of Injury (included in this manual). GUESTS, RESIDENTS AND CUSTOMER ACCIDENTS/INCIDENTS ~ IN THE EVENT THAT A GUEST, RESIDENT OR CUSTOMER IS INJURED: • Do not leave the victim unattended. • Notify medical personal if needed, and supervisory staff. • Attend to victim only according to your level of current first aid training. . ..C- - 2.0 'ae' + • Use appropriate precautions (gloves, mask, etc....) ~ · 2 hkp: .r ..~,y· ~, • No medication of any type is to be administered. Only ..... Frf .6, offer bagged ice or first aid materials. . • No surgery is to be performed including microsurgery . 1 (use of tweezers). • Do not attempt to diagnose any illness or injury. • After the victim has been stabilized or transported fill out accident/ incident forms completely. • Notify immediate supervisor as soon as possible. • Do not release any information regarding the incident to anyone other than police or paramedics Town of Breckenridge Volunteer Guideline Page 14 Of 34 If blood is involved, volunteers must put on rubber gloves before administering first aid. When customers are injured it is MANDATORY that an accident/incident report form be filled out completely. If any Town of Breckenridge employee saw the accident happen, this should be documented. All accident reports must be signed, dated and turned in to a supervisor immediately. Never make any diagnosis regarding an injury, such as saying "That's going to need stitches" or "It's probably a sprain". Refer the injured person to their doctor or the emergency room depending on the severity of the injury. If it is a serious injury or an emergency situation, please call 911. Bodily Fluids/Blood/Bio Hazards Anytime there is a body fluid that is expelled (such as blood from a cut, vomit, etc.) it must be disposed of properly. This means you should have rubber gloves on. The fluid should be cleaned up and absorbed by a disposable item (such as papertowels). These should be placed into a separate trash bag. The affected area should be cleaned with a Bleach Mixture. The Bleach Mixture is made of 1 part bleach to 10 parts water. The contents of the trash bag should be misted with the Bleach Mixture. Lastly throw your gloves in this bag, mist it once more, and tie off or close the bag. Dispose of this biohazard bag immediately. A full explanation of accident and emergency procedures is covered in the Town of Breckenridge Safety Manual and/or your department's Safety Manual. All volunteers are responsible for knowing the information in both that manual, and this addendum. Town Of Breckenridge Volunteer Guideline Page 15 Of 34 m•=--- TOWN OF -3. VOLUNTEER CONTRACT - TOWN OF BRECKENRIDGE BRECKENR1DGE UL 10 Agreed between the Town of Breckenridge and (Printed Volunteer Name) Department: O Recreation O Golf ¤ Police Position: Start Date: End Date: DISCLAIMER: Volunteers are not employees of the Town of Breckenridge. The Volunteer acknowledges that all benefits, including but not limited to worker compensation, are not available through, or in any way, part of this Contract. The Volunteer agrees not to sue, attach the property of or, prosecute or, make any other claim against the Town of Breckenridge, Colorado, their officers, agents, or employees, for any illness, injury or death, whether or not caused by their negligence, resulting in any way from the Volunteer's participation in the activities associated with Town of Breckenridge, and to identify (should this be indemnify) and hold the Town of Breckenridge harmless from any action brought by another person as a result of the Volunteer's own activities. This Contract may be terminated at any time by the Volunteer's immediate supervisor, or Town of Breckenridge, due to a lack of need for the program or activity, or breach of terms stated in this Contract. If the Volunteer is accused of threats and/or violence, sexual abuse, sexual harassment, criminal activity, or is involved in a legal dispute during or arising from a volunteer activity, he/she agrees to provide The Town of Breckenridge full pertinent details and hereby gives the Town of Breckenridge permission to fully investigate. TERM OF THE CONTRACT: A length specified and agreed upon, beginning and ending on the above dates, renewable upon mutual agreement. The volunteer makes a firm commitment to serve for not less than this period, and will not break this commitment except under extreme necessity and after thorough discussion with the supervisor. As part of this Contract, the Volunteer is allowed: 1 Limited access to the Golf Club through a Golf Rounds Credit/Voucher Program for the term of this Contract. (see additional information) ¤ Limited access to Breckenridge Recreation Center, Stephen C. West Ice Arena or Gold Run Nordic Center for the term of this Contract (see additional information) ¤ Other: VOLUNTEER ACTIVITIES: The Volunteer agrees to work shifts as mutually agreed upon with their supervisor. The volunteer must achieve certain standards of performance and will be periodically evaluated by a Supervisor. The Volunteer agrees to perform their agreed upon duties under the supervision of the direct supervisor or his/ her staff. The Volunteer Manual describes the duties and responsibilities of Volunteers. This position may be enhanced by additional duties and responsibilities as needed to provide adequate service levels to the customer. The Volunteer's supervisor will provide supervision and a supportive work environment with frequent communication. The Volunteer agrees to develop and maintain a supportive relationship within the Town of Breckenridge, and agrees to follow the rules and policies associated with the the Town of Breckenridge. VACATIONS/ LEAVE: Vacations must be made known to the Volunteer's immediate supervisor no later than one month prior to absence. Leave due to illness, family emergency, or personal reasons is permissible with adequate notice to the Volunteer's supervisor. Failure to provide ample notice of leave or vacation will result in termination of this Contract. Signature of Volunteer: Date: Signature of Supervisor: Date: Town of Breckenridge Volunteer Guideline Page 16 of 34 BRECKENRIDGE IN_ 10 VOLUNTEER RELEASE/INDEMNIFICATION -TOWN OF BRECKENRIDGE 1. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT: PARTICIPANT MUST READ CAREFULLY BEFORE SIGNING In consideration for being permitted to perform the below-described volunteer activities for the Town of Breckenridge, I hereby acknowledge, represent, and agree as follows: A. I understand that said activities are or may be dangerous and do or may involve risks of injury, loss, or damage. I further acknowledge that such risks may include but not be limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage. I acknowledge that such risks may arise from a variety of foreseeable and unforeseeable circumstances connected with the use of the activities, including but not limited to the following risks: Activities to be performed (to be filled in by Supervisor): Risks of such activities include but are not limited to (to be filled in by Supervisor)t (Participant initials here) (If Participant is under 18 years old, Parent initial here) B. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby expressly assume all such risks of injury, loss, or damage to me or to any third party arising out of or in any way related to the above-described activities, whether or not caused by the act, omission, negligence, or other fault of the Town of Breckenridge, its officers, its employees/volunteers, or by any other cause. (Participant initials here) (If Participant is under 18 years old, Parent initial here) Town Of Breckenridge Volunteer Guideline Page 17 of 34 3/ C. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I further hereby waive, and exempt, release, and discharge the Town of Breckenridge, its officers, and its employees/volunteers from, any and all claims, demands, and actions for such injury, loss, or damage, arising out of or in any way related to the above-described activities, whether or not caused by the act, omission, negligence, or other fault of the Town of Breckenridge, its officers, its employees/volunteers, or by any other cause, excepting only the willful and wanton conduct of the Town's officers or employees/volunteers. (Participant initials here) (If Participant is under 18 years old, Parent initial here) D. I further agree to defend, indemnify and hold harmless the Town of Breckenridge, its officers, employees/volunteers, insurers, and self-insurance pool, from and against all liability, claims, and demands, including any third party claim asserted against the Town of Breckenridge, its officers, employees/volunteers, insurers, or self- insurance pool, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any way related to the above-described activities, whether or not caused by my act, omission, negligence, or other fault, or by the act, omission, negligence, or other fault of the Town of Breckenridge, its officers, its employees/volunteers, or by any other cause, excepting only the willful and wanton conduct of the Town's officers or employees/volunteers. (Participant initials here) (If Participant is under 18 years old, Parent initial here) E. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby acknowledge and agree that said AGREEMENT extends to all acts, omissions, negligence, or other fault of the Town of Breckenridge, its officers, and/or its employees/volunteers, and that said AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado. If any portion hereof is held invalid, it is further agreed that the balance shall, notwithstanding, continue in full legal force and effect. (Participant initials here) (If Participant is under 18 years old, Parent initial here) F. I understand and acknowledge that the Town of Breckenridge, its officers, and its employees/volunteers are relying on, and do not waive or intend to waive by any provision of this RELEASE AND INDEMNIFICATION 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 Town Of Breckenridge Volunteer Guideline Page 18 Of 34 Immunity Act, C.R.S. §24-10-101 gi seq., as amended, or otherwise available to the Town of Breckenridge, its officers, or its employees/volunteers. (Participant initials here} (If Participant is under 18 years old, Parent initial here) G. I understand and agree that this RELEASE AND INDEMNIFICATION AGREEMENT shall be governed by the laws of the State of Colorado, and that jurisdiction and venue for any suit or cause of action under this Agreement shall lie in the courts of Summit County, Colorado. (Participant initials here) (If Participant is under 18 years old, Parent initial here) H. This RELEASE AND INDEMNIFICATION AGREEMENT shall be effective as of the date set forth below and shall be binding upon me, my successors, representatives, heirs, executors, assigns, and transferees. (Participant initials here) (If Participant is under 18 years old, Parent initial here) 11. PARTICIPANT SIGNATURE AND DATE: Participant - Print Name: Participant's Signature: Date of Signature: Ill. IF PARTICIPANT IS UNDER 18 YEARS OLD, PARENT SIGNATURE AND DATE: By initialing above and signing below, I acknowledge that I am the parent of the above- named Participant as the term "parent" is defined in C.R.S. Section 13-22-107(2)(b), and I hereby waive and release any prospective claim of the Participant against the Town of Breckenridge, its officers, and its employees/volunteers for negligence, to the extent provided in C.R.S. Section 13-22-107(3), in connection with the above-described activities. Parent- Print Name: Parent's Signature: Date of Signature: Town Of Breckenridge Volunteer Guideline Page 19 of 34 VOLUNTEER WRITTEN NOTICE OF INJURY NATIONAL UNION FIRE NOTIFICATION OF INJURY Reference Number INSURANCE COMPANY MAIL CLAIM FORM TO: Any person who knowingly presents a false or fraudulent FOR OFFICE USE MAKSIN MANAGEMENT CORR daim for payment of a loss or benefit or knowingly RO. BOX 2648 presents false information in an application for insurance Policy Number CAMDEN, NJ 08101-2648 Is guilty of a crime and may be subject to fines and AMA0091860 (800) 257-6250 confinement in prison. Coverage Code www. maksin.com FORM MUST BE COMPLETED IN FULL & MAILED TO OUR OFFICE WITHIN 90 DAYS FROM THE DATE OF THE ACCIDENT PART 1 - ACCIDENT REPORT 1A Name of Organization ~ 1 B. N ame of Team 2A Name of Claimant (Last) (First ) (Middle Initial) 28. Social Security No. 20. Birthdate 20. Sex 3. Nature of Injury (Please describe fuUy Indicating what part of body was injured - e.g. broken ann, sprained ankle, etc.) 4. Descrbe how accident occurred. (Please provtde all detaus.) MUST BE A BODILY INJURY DUE TO AN ACCIDENT. 5A. Did Accident Occur: Yes No 58. a) Date of Accklent 5C. Name of Activity a) while the claimant was supervised? 0 0 b) during sponsored activity? 0 3 c) during programmed hours? 0 0 b) Time 50. (Check One) d) on activity premises? 0 0 3 Member/Player O Coach O Manager e) while traveling directly and O Other uninterruptedly to or from a c) Place 5E. Name and Title of Supervisor regularly scheduled activity in a supervised group? 0 0 6A. 6B. 6C. Signature of Coach, Manager or Delegated Authority 11tle Date PART It -TO BE COMPLETED BY PARENT/GUARDIAN OR CLAIMANT (IF ADULT) lA. Name of Father/Guardian 18. Social Security No. 10. Address/City/State/Zip 1D. Phone Number or Claimant (if adult) O None 2A. Name of Mother/Guardian 28. Social Securty No. 20. Address/City/State/Zip 20. Phone Number or Spouse (11 adult) O None SA. Name of Father/Guardian's or Claimant's 38. Address/City/State/Zip of Employer 3C. Phone Number (if adult) Employer O None 4A. Name of Mother/Guardian's or Spouse»s 48. Address/City/State/Zip of Employer 4C. Phone Number (if adult) Employer O None 5A List all Insurance Company(ies) under which 58 Policy Number(s) 5C. the claimant is insured U None U Medicaid O Individual O Group O Govt. O Medicaid O Individual O Group O Govt. O Medicaid O Individual O Group O Govt. O Medicaid O Individual El Group O Govt. U Medicaid O Individual O Group O Govt Affidavit: I verify that the above infonnation regarding insurance is accurate and complete. I understand that the intentional furnishing of incorrect information via the U.S. Mail may be fraudulent and violate federal laws as well as state laws. Signature of Parent/Guardian or Claimant (if adult) Date Authorization: I hereby authorize any physician or hospital who has treated or attended to the above claimant to furnish the insurance company or ils representative any information requested. A photocopy of this authorization is to be considered vatid Signature of Insured (Parent or Guardian if claimant is under 18) Date 1 1 NU SR Town of Breckenridge Volunteer Guideline Page 20 Of 34 Volunteer Supervisor Guidelines M.I ..t. -- S. .=... . i -- 4 -1 J 4 i 1 3 1 { +. 6.1.- 6% . . Town Of Breckenridge Volunteer Guideline Page 21 Of 34 -1 ·*ef,Ni VOLUNTEER SUPERVISOR RESPONSIBILITIES Supervisors throughout the Town may from time-to-time recruit volunteers to help with the organization's goals and make sure that activities and events that need volunteers are adequately staffed. As a Supervisor, it is important that you orient, train, supervise and provide feedback to your volunteers. Table of Contents GENERAL SUPERVISORY RESPONSIBILITIES 23 RECRUIT, ORIENT & TRAIN 23 SCHEDULE, MONITOR & SUPERVI€F. 23 REPORT & RECOGNIZE: 24 VOLUNTEER ACCIDENT MEDICAL PLAN (VAMP) .... 24 ACCIDENT & INCIDENT REPORTING' 25 VOLUNTEER WRITTEN NOTICE OF INJURY 26 IMPORTANT WAGE & HOUR LAWS THAT PERTAIN TO THE USE OF VOLUNTEERS -----28 LIMITS ON VOLUNTEERING .... 28 PAYING VOLUNTEER<Q 29 OTHER COMPENSATION ISSUES 29 SAMPLE VOLUNTEER APPLICATION 30 SAMPLE VOLUNTEER ORIENTATION & TRAINING CHECKLIST 33 SAMPLE CIRSA VAMP TRACKING SPREADSHEET 34 Town Of Breckenridge Volunteer Guideline Page 22 Of 34 GENERAL SUPERVISORY RESPONSIBILITIES The following outlines the general duties that Supervisors of volunteers perform: Recruit, Orient & Train: 1. Recruiting new volunteers through community outreach and free advertising opportunities. 2. Interview applicants and train new volunteers. 3. Document orientation and training. 4. Have the volunteer complete the Volunteer Agreement and Volunteer Release found in the Volunteer Guidelines and Handbook. 5. Provide the volunteer with a description of their duties. Volunteer applicants should complete the Town of Breckenridge Volunteer Application (see example to follow). All Town of Breckenridge volunteers must pass the Town of Breckenridge background check, the same as with any other employee. Volunteers for the Recreation Department must also pass a supplemental background check, and volunteers for the Police department must pass XXXXXXXXXXXXXXXXXXX. Supervisors are responsible for conducting interviews and confirming successful background check completion. Supervisors should then orient volunteers to the department and train them on the duties they will be completing. A sample volunteer orientation and training checklist is provided at the end of this section. Schedule, Monitor & Supervise: 1. Create and fill schedules with volunteers that meet the organization's needs, including contacting volunteers regarding upcoming and additional available volunteer opportunities. 2. Conduct periodic volunteer meetings and/or trainings to discuss upcoming events and ongoing activities. 3. Ensure coverage is provided for activities, special events and programs, and typically the Supervisor should attend those events. 4. Monitor, supervise and evaluate the performance of the volunteer. Supervisors should consider organizational needs, along with volunteer availability, in developing volunteer assignment schedules. Volunteers should be scheduled when Town of Breckenridge Volunteer Guideline Page 23 Of 34 either the direct Supervisor or another Supervisor from the department is available to monitor the Volunteer's performance. Supervisors should hold periodic meetings with Volunteers to seek their feedback and to also provide feedback to the Volunteer. Report & Recognize: 1. Tracking Activity - Supervisors should maintain a volunteer database and keep track of individual volunteer activities. Be sure to reward volunteers for special achievements with thank-you notes or other forms of recognition. 2. Publishing monthly or quarterly newsletters detailing volunteer activities and recognizing certain volunteers is part of the Supervisor's responsibilities. Some departments may have a department newsletter in which volunteers can be recognized. Supervisors may need to also write reports for department management, recommending changes that would help the program. 3. Keep track of Volunteer assignments and hours to satisfy the Colorado Intergovernmental Risk Sharing Agency (CIRSA) VAMP (Volunteer Accident Medical Plan) Insurance Program requirements. Supervisors are responsible for tracking and reporting on volunteer hours, along with any accidents or incidents that may arise. Volunteer Accident Medical Plan (VAMP) As previously mentioned, CIRSA offers VAMP coverage to covered Town of Breckenridge volunteers. Therefore, it is of particular importance that Supervisors track each individual volunteer's hours to report to CIRSA, to satisfy the VAMP insurance coverage. VAMP provides a limited amount of accident medical and death/dismemberment coverage for covered volunteers. VAMP coverage is not a "substitute" for workers' compensation coverage; however VAMP coverage may prevent hardships (and possible claims) that could otherwise result if a volunteer is injured in the course of their volunteer activities. Each supervisor shall enter into the Town's VAMP tracking spreadsheet the required information to report to CIRSA. This information should be entered on a timely basis, and certainly on a monthly basis. Please see example at end of this section. Supervisors should also find opportunities to thank volunteers for their time and efforts. When possible, recognize volunteers in public formats, such as meetings, newsletters and at the actual event. Volunteers that feel appreciated are much more likely to volunteer again! Town of Breckenridge Volunteer Guideline Page 24 of 34 Accident & Incident Reporting: For Information on reporting guest's accidents or incidents, please refer to the "Volunteer Guidelines and Handbook". Should a volunteer become injured in the course of their duties, they must immediately report it to their supervisor and complete the Volunteer Written Notice of Injury Form (included in this manual). If they believe they need to seek medical treatment, they should do so and immediately notify their supervisor. An initial investigation will be conducted by the volunteer's immediate supervisor and their Divisional Manager shall be notified. Depending upon the type of accident, the police department, fire department or other entities may be involved in the investigation. Should a volunteer wish to file a claim, they need to have sought treatment within 90 days or less of the injury. They will need to fill out the Volunteer Written Notice of Injury, and also submit itemized bills and Explanation of Benefits (EOB) with their claim. More information on this is provided on the following pages. Town of Breckenridge Volunteer Guideline Page 25 of 34 VOLUNTEER WRITTEN NOTICE OF INJURY NA110NAL UNION FIRE NOTIFICATION OF INJURY Referenoe Number INSURANCE COMPANY MAIL CLAIM FORM TO: Any person who knowingly presents afalse or fraudulent FOR OFFICE USE MAKSIN MANAGEMENT CORR dalm for payment of a loss or benefit or knowtngly RO. BOX 2648 presents false infonnation In an application for insurance Policy Number CAMDEN, NJ 08101-2648 is guilty of a crime and may be subject to fines and AMA0091860 (800) 257-6250 confinement in prison. Coverage Code www.maksln.com FORM MUSTBE COMPLETED IN FULL & MAILED TO OUR OFFICE WITHIN 90 DAYS FROM THEDATEOF THE ACCIDENT PART 1-ACCIDENT REPORT lA Name of Organization 1B. Name of 1barn 2A. Name of Claimant (Last) (First ) (Middle Initial) 28. Sodal Security No. 20. Bitlhdate ~2D. Sex 3. Nature of Injury (Please describe fully indicating what part of body was Injured - e.0 broken ann, spralned ankle, etc.> 4. Describe how aocident occurred. (Please provide all details.) MUST BE A BODILY INJURY DUE 10 AN ACCIDENT. 5A Did Accident Occur: Yes No 58. a) Date of Accident SC. Name 01 Acttvtty a) while the claimant was supervised? 0 0 b) during sponsored activity? 0 0 c) during programmed hours? O 0 b) Time 5D. (Check One) d) on ac#vity premises? O 0 3 Member/Player O Coach O Manager e) dille traveling directly and O Other uninterruptedly to or from a c) Place 5E. Name and Title of Supervisor regulatly scheduled activlty in a supeMsed group? 0 0 6A. 6B. 6C. Signature of Coach, Manager or Delegated Authority Tltle Date PART 11 - 70 BE COMPLETED BY PARENT/QUARDIAN OR CLAIMANT oF ADULD lA Name of Father/Guardian 18. Sodal Security No. le. Address/Clly/State/Zip 1D. Phone Number or Claimant (if adult) O None 2A Name of Mother/Guardian 28. Social Security No. 20. Address/City/State/Zip 2[). Phone Number or Spouse (if adult) O None aA. Name of Father/Guardian's or Claimanrs 38. Address/City/State/Zip of Employer 3C. Phone Number (11 adult) Employer O None 4A. Name of Mother/Guardian's or Spouse's 48. Address/City/State/Zip 01 Employer 4C. Phone Number Of adult) Employer O None 5A. Ust all Insurance Company(les) under which 55. Policy Number($) 50 the claimant is insured O None O Medicaid O Individual O Group O Govt. O Medicaid O Individual O Group O Govt O Medicaid O Individual O Group O Govt. O Medicaid O IndMduat 0 Group 0 Govt. O Medicaid O Individual O Group O Govt. Affidavit: I verify that the above infonnation regarding insurance is accurate and complete. I understand that the intentional furnishing of incorrect information via the U.S. Mall may be fraudulent and violate federal laws as well as state laws. Signature of Parent/Guardian or Claimant (if adult) Date Authorization: I hereby authorize i~r~ysiclan or hospital who has treated or attended to the above claimant to furnish the insumnce company or Its representative any ation requested. A photocopy of this authorization is to be considered valid. Signature of Insured (Parent or Guardian N claimant Is under 18) Date SEE CLAIM INSTRUCTIONS ON THE BACK OF THIS FORM NUSA Town Of Breckenridge Volunteer Guideline Page 26 of 34 ,. CLAIM INSTRUCTIONS Treatment must commence within 90 days from the date of the accident. 1. In case of an accident, notify the school/organization immediately. 2. Notify ALL treatment facilities (physician's ofnce, hospital, etc.) of this insurance cover- age so that any invoices and/or Explanation of Benefits (EOB) can be sent directly from the medical facility to The Maksin Group. 3. Have Part I and Part 11 completed on the Notification of Injury form. Do not leave any blank spaces or write *N/A" in any space. If either parent or guardian Is uninvolved, deceased, unemployed, self-employed or disabled, please state so. If you are employed, but do not have insurance, please state 'NO INSURANCE" and provide us with a state- ment from your employerthat the claimant has no Insurance. Othemise, our office willsub- mit an insurance questionnaire to your employer to be used as verification of no depend- ent coverage. 4. Attach any itemized bills to the claim form, along with any corresponding Explanation of Benefits (EOB) for each itemized bill. An itemized bill includes treatment rendered, the dates of the treatment, diagnosis codes, physician's or hospital's name, address and tax i.d. number. Balance Due bills are not acceptable. Be sure to attach any receipts for bills paid out-of-pocket. Otherwise, benefits will be paid to the provider of service. Please Note: Both an itemized bill and EOB Of applicable) must be submitted for claims to be considered for accidem medical expense benefits. 5. Mail the Notification of Injury form. along with any other applicable correspondence to our office within 90 davs from the date of the accident. Do not leave this form with the school, coach, hospital, physician, etc. Our address is Maksin Management Corps P.O. Box 2648, Camden, NJ 08101-2648. If you need further assistance, feel free to contact Customer Service at 1-800-257-6250 (phone) / 1-856-486-4376 (fax). We will be happy to assist you. If your medical coverage is under an HMO, PPO or similar plan, you must follow their requirements for obtaining benefits. Otherwise, our benefits may be reduced, where appli- cable, as stated in the policy provisions. This restriction does not apply in every state. Town of Breckenridge Volunteer Guideline Page 27 of 34 IMPORTANT WAGE & HOUR LAWS THAT PERTAIN TO THE USE OF VOLUNTEERS There are important considerations when using volunteers, to ensure that they are not considered employees by the Department of Labor. The following information has been provided by the Mountain States Employers Council (MSEC) regarding the use of volunteers under the Fair Labor Standards Act (FLSA): "Any of the following situations would tend to cause the US Department of Labor (DOL) to view the individual as an employee and not a volunteer: • An individual receiving compensation greater than what is needed for expenses or hardship incurred in volunteering. • The displacement of paid employees to make way for a volunteer. • An employee who performs the same work for the employer when volunteering. • An individual who is economically dependent upon the organization where the volunteering is done. • Tasks performed benefit the organization itselt rather than the community the organization serves. Under FLSA regulations for government employers, volunteers are defined as individuals who perform hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered. 29 C.F.R. § 553.101. Limits on Volunteering It is important to first explain that the DOL has a longstanding policy of limiting volunteer status to those individuals performing charitable activities for not-for-profit organizations. See Wage and Hour Opinion, July 26, 1996. Hallisey v. America Online Inc., No. 99-Civ.-3785, complaint filed (S.D.N.Y., May 25, 1999). Not only can a person never "volunteer" to do their own job, they cannot volunteer to do the job of another employee without compensation. It is also improper for an employer to require an employee to volunteer. Even where there is no evidence of coercion, allowing paid employees to perform the same type of services for their employer on an uncompensated "volunteer" basis if they choose to do so would in effect allow employees to waive their rights to compensation due under the FLSA. The Supreme Court has held that an employee may not waive his or her rights to compensation due under the FLSA. Brooklyn Savings Bank v. O'Neil, 324 U.S. 697 (1945)." Town of Breckenridge Volunteer Guideline Page 28 of 34 .. Paying Volunteers Compensation in any form to an individual who is performing valuable work for or on behalf of any employer, indicates an employment relationship. Still, the FLSA allows some reasonable items of value to volunteers. Reasonable benefits might include: • Scholarships; • Liability, health or life insurance; • Length of Service awards that are commonly awarded to volunteers; or, • Stipend or allowance for expenses or hardship associated with volunteering.1 Other Compensation Issues Supervisors should keep in mind the definition of "volunteer" under the Volunteer Protection Act of 1997, 42 U.S.C. §14501 et seq. Under that definition, in order to qualify as a volunteer, an individual must not receive compensation, other than reasonable reimbursement or allowance for expenses actually incurred; or any other thing of value in lieu of compensation, in excess of $500 peryear. 42 U.S.C. §14505(6)2 Furthermore, the FLSA states that employers cannot offer more than 20% of a volunteer's value in gifts: "We have opined that generally an amount not to exceed 20 percent of the total compensation that the employer would pay someone for performing comparable services would be deemed nominal. See Wage and Hour Opinion Letter FLSA2005-51.3„ As such, the 2010 value of a volunteer in Colorado has been estimated by the Town of Breckenridge to be $22.40 per hour, therefore, the value of a gift may not be more than $4.48 per hour. Supervisors should always work with their department Administrative Manager and Human Resources before offering gifts or other items that could be considered compensation or payment for a volunteer's services. "Payments" to a volunteer, if they exceed the FLSA's restrictions, can convert the volunteer to an "employee" to whom a minimum wage (and possibly overtime compensation) must be paid. If an employer- employee relationship is found, then further workers compensation laws could also apply. 1 MSEC, Wage and Hour-Volunteers "FYI (Published; July 2004) 2 CIRSA, Volunteer Program Handbook, 1998 ~ http://www.dol.gov/whd/opinion/FLSA/2008/2008_12_18_16_FLSA.pdf Town Of Breckenridge Volunteer Guideline Page 29 of 34 SAMPLE VOLUNTEER APPLICATION -- ~e=-- TOWN OF -•99 BRECKENRIDGE lu VOLUNTEER APPLICAT[ON 880 Airport Road • P.O. Box 168 • Breckenridge, CO 80424 • (970)453-1734, ext. 0 Instructions For Completing Information Sheet • Complete information sheet in its entirety. Please printlegibly or type. Answer allquestions andcomplete all blank spaces Donotwrite TEE RESUME". You may attach 6 resume es a s®plement however a resuine may not be substituted for completion of this Information Sheet 0 Incomplete or unsigned Information Sheets may be reiected PERSONAL INFORMATION Name: Date Available: Mailing Address: Available to Work: Days YN Evenings Y N City/ State/ Zip: Weekends Y N Holidays Y N Physical Address/City/State/Zip: Home Phone: C ) Messages: ( ) CelVPager: C ) List any relatives employed by the Town: Have you everbeen employed by the Town? Yes -No If yes, please state position and dates of employment: Are you under 18? - Yes - No EDUCATION -Phase circle the number of years completed for each: High School: 1 2 3 4 College: 1 2 3 4 5 6,7 more than 7 Please list in chronological order, beginning with high school, all schools attended including graduate level courses: Number of Schools Attended Qtr or Sern Hrs Major Area Degree/ Received Years Attended High School. Colleges. Trade Schools Location Completed of Studv Certificate & Date Do you fluently speak read or write any language(s) otherthan English? Language(s) ..1.-- Town of Breckenridge Volunteer Guideline Page 30 Of 34 EMPLOYMENT EXPERIENCE. j List mmes ofemployer& in consecuily* #r#*#i·present orinost recent employdr licddifiht Ac®unt forall periods tif time ingluding militoande#ib**t*miy #riods of unemployment. Donot wdle"See Rexuine". If kpie provided is inadequate, attactrad¢Gtion,041*1* .Wd.Iill be contacting previous wnploy*ts for rercrence ud ' 1 13 If you do not want us to contact your 01 - 'fpn*loyer. please Indicate by checking the appmpriate box. May we contact®m on,ployed ¥f*, ff:1 Ne" r-1 S[*%&4 b.a z H=€*·Aderecoratst,tor Last Employer Stzrvatd S•lity Itours per week 79*ne/Illk of Iumtddialt &,p4**·2 13#40* I * tal. 4 - I ' Dediption ofD,kic#*R¢*-Wibilitics p. i· Rtum 6*14¥12*f $1"b/,11*ef N=114* Ad*#Sljrme®nt or Last Employer Stmt/EndS,1*ry , 1101*40*il*.~'k : Namcfritteof imunctjaillt5uslq'*~r -'· Phond,. JGil title 13<Enptlon ,/Dull**Re¥,rt*[blliut- Reason f4 16¥/0/4 , ~ A 11 ~UEndDEW NZA'Addl#**WM#imt or Lawl Employ,r 51•31,Endfal•ry - · -11*,rsple'*el. u - Nume/111!cullmmediat#Super,Wer :952>0·" Pholle job lidi 1)8:CriI.ion *fDOtlifi Reqlotilbilities Reason fr, leavt#* St:ul;Und Datel Name & AddreD uf Pregnl or tal Employer GWEfmt•4(: CH=W*red¢ Nmemutof,muted{,tesli#**Wj'"~~ "-- AE - Job Iltle Deqrription of Ditues & Re¥onsihilitits ·' ' 4,+ Reason for leaving REFERENCES: Please Ust three professional or'perional ucqumntances thal are not relaled to you by blood or marriuge t}*st. weiwe free to contact Do not provide barnes of employers or qupervisors you have already listed above. Name Relationship to You Plibne Number Town Of Breckenridge Volunteer Guideline Page 31 of 34 W U <»- !11*£11 .1 , TRAINING AND,SIOLLS: Please provide ariy additichalinformatiok (training special skilk certifications, cquipmentoperations, compute knowledge, qualifidations)y¢ikf41 wilibe helpful bus intbhsidering you A-*- .' -1.+ f DRIVER'S LICENSE-Do youhavaaeoloradodriver'&.license?, 1-1 Yes 1--IND CRIMINAL BACKGROUND :... TlYe Towh of Breckenridge requires a crimml background chedk Please.ahswerthe- 8110*iNK questions completely. The Bot that youhhve been convicted of a crime or have pdndifttcrimifist 6141*0& doesnot necessarily mean that yell¢annotbe a 'volanteet, Each case isgiven individual con,idcf.tiohba,ad°dnjob-felatedness of thecriminal offeme Whichis,inv@ved. However, your f,ilure to tfuthfidlydn'swerthes€qdbstions may result in yournot being selected 96 a volunlder oriti your being let go from your volOntestatus. Ih ahiWering these questions, you may bmit oniy a trii[116 offAiM fdrwhich the fine was less thail·$100,18'deferrddliIdgnYent and·sentence or deferred prosecltion whic}rwas successfully completed any crimitial *cordW]lighriks beensealed or expunged by a'¢00#. and/orany juvenile record.'; -46.-«4 ..9 Have you ever been con*icted of a c,irhe (inctuding DUI)7 Yes NO lf the answer to this questibhs ik "Yes", please pfovidethe following informationi21respectto eachrotil~iCNOn Ott* a separate piece of paper.- 1. the crime fot which.yoliw.cre coiwift*d. 2. the court in which such€onvietioh 9.tcinfed; 3. the date and place of cohviatiort L 4. the penalty or punisht*ht yal received. 5. if you were placed oli prbEation ot pardle, a statement as to whethersuehprobittionor parole Was sweessfillyy, completect and 6. the name under Whichconvicted (if differentthan that lidd on thismformation sheet) Are you dirreatty ,Ac4 a criminatcharge of any kindF Yes , Nd Iftheanswer to this question is "Yes'i please provide the·following infarmation *E»Dect t¢¥each pending'b}1&* .- on a separate piece of paper: 1. the crime for which you are accused. end 2. thetourt in which.~ch fharges are pending. PLEASE NOTE: SMOKING IS PROI#BITED IN ALL TOWN BIJILDiNGS, FACILITIES AND VEHICLES ' I certifr that all of the statd~MiA mddeiti this documetit are tfue. +14&14ize infesfigP66'of all statements contained on thih information sheet as maybe tecessary in arriving in a decision for working in a volun6ry capacity for the Town of Breckenddge. I realize that false, misleading orincomplete information given on this information sheet may lead to my disqualificaticin for cohsiderati&1- Signature 11*te.' Town of Breckenridge Volunteer Guideline Page 32 of 34 1 1 SAMPLE VOLUNTEER ORIENTATION & TRAINING CHECKLIST Volunteer Checkslist i Has the Volunteercompleted a Volunteerapplication? C]Yes Il No ON/A Has a completed TOB background check been performed on the Volunteer? C]Yes ¤ No CIN/A Has a TCL background check been performed (if working in Rec Dept)? OYes Il No C]N/A Was a XXXX check performed (if working in the Police Department)? C]Yes Il No ONA Did the Voluteer complete & sign the Volunteer Release/Indemnification? C]Yes Il No ON/A Did the Volunteer complete & sign the Volunteer Contract? C]Yes ¤ No ON/A Did the Volunteer receive a copy of the Volunteer Manual? CIYes Il No ON/A Was the Volunteergiven a tourof the facility in which they will be stationed? CIYes ¤ No C]N/A Has the Volunteer received appropriate training in the activities to be performed? CIYes O No ON/A Dateoftraining: OYes ¤ No ON/A Was the Volunteer shown the proper use of personal protective gear, if applicable? OYes O No ON/A Was the Volunteershown the location of first aid supplies? C]Yes O No ON/A Was the Volunteertrained on reportingguest incidents and/or accidents? CP(es O No ON/A Was the Volunteertrained on the process and form to use if they are injured? OYes O No CIN/A Has the Volunteer been signed up for VAMP coverage through CIRSA? C]Yes ¤ No ON/A I + th,1 Has the Volunteer received appropriate training on the following Town policies: 19*2:-" . 3 . / i . v .., 4 4- 0.25&f ./ EEO? CIYes O No ON/A TVAT? CIYes O No ON/A Has the Volunteer been advised of zero tolerance for drugs/alochol/harrassment? CIYes O No C]N/A Has the Volunteer been advised that all Town facilities are no smoking facilities CIYes O No CIN/A Was the Volunteer advised that they are not authorized to use Town computers? Was the Volunteer provided with a uniform? CIYes O No ONA If so, please list: Is the Volunteera Minor? (if so, see yoursupervisor) C]Yes Il No C]N/A If the Volunteer is a Minor, did the parents/legal guardian sign the Release? E]Yes O No ON/A Has the age of the Volunteer been checked to make sure that s/he is not too young to be assigned certain hazardous activities under state/federal law? C]Yes O No ON/A Was the Volunteergiven a schedule? C]Yes O No ON/A Is the Volunteer receivingany sort of compensation? C]Yes O No ON/A If so, please list: Is the Volunteer also a TOB employee? CIYes O No ON/A Ifso, please see yourdepartment Admin Mgr before proceeding, to investigate FLSA 4. "L . b., -'g 3%2* issues: - .. .0 -- I 2 Town Of Breckenridge Volunteer Guideline Page 33 of 34 SAMPLE CIRSA VAMP TRACKING SPREADSHEET paRSA .7 VOUJNYMEMACk:IDENT MIKICAL PLAN AUDITROSTER 4· 6Afty: To,*,01 Breckent!* 15.panment Recte*Uoh p . 04**Cantet Commeted 60 : D.0. 4 r, p'*491#Im,1,0,7 07040¢x.jookg 1 - " vik,044 t.,.3:'f ,.. . 1 f k I 1 1»munlwt' 49,*r i. 4 14#uwgi ® 1 : ) ' 3,1&48*d .nk 'Ul'*#M,, 1 1 P,~*MtiNM#A i¥ t , 0*Utb}*SBMet. . 1 - #656 7 14~816tan,.~i}k., %E I. 1- N I V;. - .N · : 12 ) ~ .. ..4 . 1951.-- N . i ~~;'<*21'll·· I„/.':·6 . I. ./ nkfiRA:• I. I. IN. .... . i.6.:r . 0 ·; h N . .. #*.*.-- V . I. . .. - 1 . N 1· »·*--···<•* 4.„. N N ..7- . b,. . :1 91 9.N '.-.1.1 , I i :N Y n. r. 9 .. . I . I + i,+ ..~·; ./0././*i , Y 1, N 1. ¥ , ' 4 P# r N. Y r.y "N:. , .3 -5 ''N~ Y W 1 Y ~ N" - p Y. · Y 1 ,:N« 31 . 11, , .. b Town of Breckenridge Volunteer Guideline Page 34 of 34 <~C-<Ir#,1124 44 EEE Historic Preservation Ordinance: Questions, wording recommendations and thoughts from Wendy Koenig We need to be sure we don't get lost in the ordinance and forget the issue: Does Estes Park need Historic Preservation? I hope we get to discuss the issue and not presume Historic Preservation is a reality BECAUSE an ordinance is being discussed. Ordinance questions by page: Page 8- Point #11- Question: Will the Town Board approve the establishment of"other procedures or by-laws consistent with this Ordinance ..... as deemed necessary to meet the requirements of CLG .... " Page 8- Section 4: 1. Conduct on-going reconnaissance surveys-Define "Ongoing" Isn't it possible to generate a master document to have on file and then use property assessment information to automatically add properties as they age to the list of properties meeting the 50 year hallmark for historic designation by age? Page 9- Point 3. Why nominate properties IF the program is voluntary? Send out information that the property may qualify and let the owner VOLUNTEER for more information for POSSIBLE participation in the program. Page 9- Point 9. Solicit gifts, contributions and grants to be made to the Town for the purpose of historic preservation. Why are we soliciting funds? Doesn't the property owner pay for renovation, etc? Is this referencing Town Owned Properties? Page 10- Point 16. Develop detailed administrative procedures ..... Who will implement those procedures? Staff? At what cost? Page 10- Table Shows Town Board approving Designation and also approving revocation of designations However Page 19 indicates for landmarks the commission can revoke, why not Town Board approval required for revocation? Page 11- Section 6: Points 1 and 2: Point #1 makes designation for Historic Landmark voluntary------ Since landowners have been notified of potential for historic designation, WHY is the ordinance insisting on Nomination process if the landowner does not spontaneously volunteer property???? Page 12- Point 4: (notation in blue) Longmont's form would need to be seen and included in Board packet for consideration, not just referenced. Page 12-Point 6: Define "Comprehensive Survey" regarding cost to Town and component parts. Page 12- Point 8: Gives tht power of for disapproval of application to Commission/_Town Board ONLY approves (? Rubber stamp activity)? Disapprovals can be appealed to the Town Board. Shouldn't all applications with written findings of fact go through Town Board? Page 12- Point 11: I would hope the owner already has this information when application is picked up. Why repeat paperwork by resending the Ordinance???? Page 12- Point 12: "shall be filed with the County Clerk and Recorder- Question Is there a cost, who pays? " ...and a legal description ofthe location and boundaries ofthe Landmark Question: Is a survey required of the property? If so, who pays for it, the owner or the Town? "...and a plague, provide and owned by the Town of Estes Park, and maintained by the Owner ...." Question: Who monitors plague maintenance and who pays if damage occurs to plague? Page 13- Section 7: Points 1 and 2 Question: Why nomination requires only 50% and application requires 75% of property owners?? Pagd 13 - Section 7: Point 2: "Individual property owners may choose to be excluded from the proposed District." Question: Then is this technically an Historic District? Page 14- Point 10, 11- Question: same question as Page 12 Point 11 and Point 11 relating to repetition of paperwork and cost of survey. Page 15- Section 8: Point 1- "... shall be subject to all other provisions of the building code ...." Question: define "all other provisions" or reword to "subject to the building code( Town of Estes Park???) and Estes Valley Development Code. Page 15- Section 8: Point 2- "...and kept free from structural defects by the Owner. Question: many old buildings have structural defects due to age - would renovation be required as a·condition to historic landmark designation? Page 15-Section 8: Point 2 b- Demolition should be removed from this section. Demolition may be the solution to the structural defects! An owner has a right to demolish a building if permit is issued by the town. I cannot support the Commission having any voice in demolition! Page 15- Point 3. Question: if demolition is covered by this ordinance, then this section is in conflict with your 60 day waiting period required in Section 12 Point 1 on page 19. Page 16: point 3c. Define conjectural features. Page 16: Point 3g. "The surface cleaning of structures, if appropriate, .... gentlest means possible" Question-Will the Commission create a cost effective list of acceptable products (updated annually) for working on historic landmarks, or does the owner need to run back and forth to the Commission after researching products? Question: who determines that surface cleaning is appropriate? How will the Commission police this? Page 17: Point 3 j. " New additions.... Ifremoved in the future"...will not harm the historic property. Wow, that could be costly and hard to do! Page 17: Point 4: Alteration Certificate Question: Does this override the building permit???? Will this create additional work for the building dept? (ordinance similar to Glenwood Springs?_ Question: Interior renovation is not the purview of the Commission - or is it? I thought the commission deals with the EXTERIOR of buildings???? Page 17: Note 37 (what does this mean???? ) Page 17/18 : Point lh. Appeal should be to the Town Board, not the Town Administrator. Question: Why appeal to the Town Administrator? Town Board has ultimate approval/ denial duty. Work load is not the issue for the Town Board duties... Page 19: Section 11: Point 3. ....revoke historic Designation, the penalty shall be" ....public shaming! Question: Wow, punishment for voluntary participation. I guess voluntary removal from the process IS NOT ALLOWED without a "I~enalty". Page 19: Section 12: Point 1: already commented on conflict with 60 day waiting period SEE page 15 point 3 comment. Question: Now we get the crux of the issue of historic preservation! If the property is listed in the Reconnaissance Survey, and the landowner has NOT VOLUNTARILY participated - The Commission is literally ignoring the word voluntarily and taking away the property owners rights! Zeal hath no boundaries!!!!! A 60 day waiting period is IMPOSED by the Commission- No matter that the building could be demolished and rebuilt in time to open, oh lets say a restaurant in time for summer! This is the purist example of WHY I am not in favor of Historic Preservation under the CONTROL of a commission ....... Beware fellow trustees. We need to preserve property rights! Do not forget that each property owner can obtain " Historic Designation" without this Commission and this ordinance. Please take this ordinance proposal seriously. . Page 20 Section 13: Appeals Point 1: All applications should go through the Town Board for approval or denialwith_the Commissions recommendations. This should not be an appeal only situation. This procedure allows for consistency of Board Action and avoids the Town Board being a rubber stamp for approvals ONLY. Page 20 Section 13: Point 2: Alteration Certificates should not exist if a building permit has been issued. However, if they do exist, this should go through the Town Board with Commission reasons for denial. This helps control the emotional ownership the Historic Commission naturally has toward each landmark/building. This ownership via passion can infuence their decisions insidiously. Respectfully submitted for your consideration, - Wendy Koenig Town trustee. -