HomeMy WebLinkAboutMINUTES Town Board 2010-01-12Town of Estes Park, Larimer County, Colorado, January 12, 2010
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in
said Town of Estes Park on the 12th day of January, 2010. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
Mayor William C. Pinkham
Mayor Pro Tem Chuck Levine
Trustees Eric Blackhurst
Dorla Eisenlauer
John Ericson
Richard Homeier
Jerry Miller
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
HOLIDAY LIGHTING CONTEST — PRESENTATION OF AWARDS.
Mayor Pinkham stated the contest was sponsored by the Town of Estes Park, the
Ambassadors and the Estes Park News. Each winner received a certificate and a $50
dinner gift card.
Best Commercial Business Mayor's Trophy
Antique Hospital Gloria Rademacher
Best Downtown Business Window Display Overall Best by - Resident
MacDonald Book Shop Gary & Beverly Briggs
Best Lodging Business Best First Time Entry - Resident
McGregor Mountain Lodge Jamie Luevanos
Best Theme — "Through the Eyes of a Child"
Mark [gel
PUBLIC COMMENT
Joanna Darden/Town citizen read a prepared statement. She state the County
Commissioners requested a copy of the Estes Valley Wildlife Assessment of Sept.
2008 and the previous 1996 wildlife map during their November 9, 2009 Commissioner
meeting. To date those items have not been received by the County Commissioners
and she requested the Board ensure they are delivered as soon as possible.
David Habecker/Town citizen raised concern with a code enforcement issue he raised
and questioned if providing the public with the names of individuals lodging complaints
was normal practice. He read a prepared statement and requested the Board refrain
from reciting the Under God Pledge at Town Board meetings.
Rex Poggenpohl/County citizen commented the Board should limit comments to 3
minutes. The Utilities Committee recommended to the Board the elimination of wind
Board of Trustees — January 12, 2010— Page 2
energy incentive funds. He suggested the Board consider using these funds for other
energy incentives valley wide such as insulation or conservation. As a member of the
Estes Valley Planning Commission (EVPC), he stated the Commission has reviewed
wind turbines and the lack of their feasibility in Estes Park. The Commission would like
to request the Town Board direct the Utilities Dept. to develop a one page pro/con
informational document for citizens on wind energy, solar energy and other
conservation efforts. The Town Board should consider adopting the US safety
standards through the Building Codes for wind turbines if the Town Board approves the
recommendations from the EVPC.
TOWN BOARD COMMENTS.
Trustee Blackhurst reminded the public that the Estes Park Housing Authority meeting
would be held on Wednesday, January 13th at 8:30 a.m. in Room 203.
Trustee Homeier stated the Utilities Committee scheduled for Thursday, January 14,
2010 has been cancelled.
1. CONSENT AGENDA:
1. Town Board Minutes dated December 8, 2009.
2. Bills.
3. Committee Minutes:
A. Community Development, December 3, 2009.
B. Utilities, December 10, 2009.
C. Public Safety, December 17, 2009.
4. Estes Valley Planning Commission Minutes November 17, 2009
(acknowledgement only).
5. Estes Park Urban Renewal Authority Minutes November 18, 2009
(acknowledgement only).
6. Resolution #01-10 - Public Posting Area Designation.
7. Resolution #02-10 — Schedule public hearing date of January 26, 2010 for a
New Tavern Liquor License Application filed by Mountain Munchies LLC dba
MOUNTAIN MUNCHIES, 189 & 191 Riverside Drive.
It was moved and seconded (Levine/Miller) to approve the Consent Agenda Items
2-7, and it passed unanimously.
Consent Item 1.1
Trustee Ericson questioned a portion of the Grandstand discussion in the December 8,
2009 minutes regarding the Ad Hoc Design Committee's ongoing role in the
construction of the Grandstands. He understood the Committee would be convened on
a regular base. After discussion, it was moved and seconded (Miller/Eisenlauer) to
approve the Consent Agenda Item 1.1 as presented, and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. COPLINK PRESENTATION. Detective Pouluca and Dispatcher Purvis
provided a presentation on COPLINK including its history and power of the
database tool for law enforcement. The internet based program allows the
Board of Trustees — January 12, 2010— Page 3
Police Dept. to search across jurisdictions from their patrol cars, thereby
decreasing the time involved in investigations.
2. THIRD QUARTER FINANCIAL REPORT.
Finance Officer McFarland reviewed the financial report that included the
income and expense data through November 2009 and sales tax data through
October 2009. Sales tax continues to trail 2008 by 5.4% with the original 2009
budget and .7% behind the revised 2009 budget. In comparison, 11 other
mountain communities in Colorado are reporting a decline of 10.8%.
Construction continues to decline and is down 26% from last year. Expenses
have been held down below revised 2009 budgets in an effort to offset the
downturn in revenues. The Town's investments would decrease in 2010 with
the fire pension fund transferred to the new Fire District and EPURA expending
its funds to complete the grandstands at Stanley Fairgrounds.
3. TOWN ADMINISTRATOR REPORT.
• A public ceremony would be held on January 27, 2010 at 3:00 p.m. to
officially hand over the keys to the Dannels Fire Station to the new Estes
Valley Fire Protection District.
• The unofficial results of the Special Election to abolish EPURA are 60% in
favor.
4. ATTORNEY WHITE REPORT.
Attorney White reported on the events that have taken place since voter
approval of the new Fire District, including the transfer of emergency service
for the entire valley on January 1, 2010, all equipment including vehicles, lease
of the Dannels Fire Station, transfer of all agreements related to fire service,
and transfer of the Fire Pension Fund.
3. ACTION ITEMS:
1. 2010 ENGAGEMENT LETTER FOR INVESTMENT SERVICES WITH MBIA.
Finance Officer McFarland presented the annual agreement with MBIA to
provide investment services for 2010. The Town has been with MBIA since
2002 which provides recommendations and executes the purchases and sales
of U.S. Treasuries and Instrumentalities in accordance with Colorado Statutes
and Town investment policy. He stated an RFP was not completed this year;
however, an informal review was conducted which concluded MBIA's rates
continue to remain competitive. Mayor Pro Tem Levine requested staff
conducted an RFP for 2011 investment services. After discussion, it was
moved and seconded (Ericson/Blackhurst) to approve the 2010
engagement letter with MBIA for financial investment services, and it
passed unanimously.
2. ORDINANCE #01-10 LEASE FOR PROSPECT MOUNTAIN RADIO SITE.
Superintendent Mahany presented a renewal of a lease between the Town and
Heron LLC for the right to operate a two-way radio site and access to the site
on Prospect Mountain that expired on December 31, 2009. Renewal of the
lease would be on an annual basis dependent on budget appropriations. The
cost of the lease has decreased to $671.50/per radio unit/year for a total
annual cost of $4,029.00. Attorney White read the Ordinance. It was moved
and seconded (Levine/Miller) to approve Ordinance #01-10 for the lease of
the Prospect Mountain radio site, and it passed unanimously.
3. INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR
PLANNING SERVICES IN THE ESTES VALLEY.
Board of Trustees — January 12, 2010— Page 4
Attorney White reviewed the history of the original IGA with Larimer County
established in 2000 for the purpose of forming the Estes Valley Planning
Commission. The current IGA expires February 1, 2010. The first amendment
to the IGA would continue the joint Estes Valley Planning Commission, Estes
Valley Board of Adjustment, administration of the Estes Valley Development
Code and extends the agreement for an additional ten years. The agreement
would amend the IGA to provide a two year term for the Chair and Vice Chair
for the EVPC. The amendment provides the Town Administrator and the
County Administrator to agree on an appropriate sum to be paid by the County
to the Town for administrative services conducted by the Town pursuant to the
IGA. The new agreement would eliminate the Transition provision in the
previous IGA as it would not be relevant and amends Section VIII (A) to be
consistent with the EVDC. After discussion, it was moved and seconded
(Homeier/Eisenlauer) to approve the Intergovernmental Agreement with
Larimer County for Planning Services in the Estes Valley, and it passed
unanimously.
4. BUSINESS LICENSES FEE WAIVER FOR PARK THEATER MALL
BUSINESSES.
Clerk Williamson stated during discussion held by the Estes Valley Partners
for Commerce with the businesses destroyed by the fire, it was suggested the
Town may consider waiving 2010 business license for businesses that were
destroyed. Several other neighboring businesses have been affected by the
fire and some sustained significant water and smoke damage. Staff requested
direction from the Town Board on what businesses would qualify for the
waiver, i.e. destroyed and/or affected, definition of affected businesses and for
what years the licenses would be waived.
Discussion was heard amongst the Board: one time waiver for those
businesses destroyed in the fire for 2010; should licenses be waived in 2011
for businesses that are closed in 2010 and relocate in 2011; businesses
directly adjacent to the mall should be included for 2010 fee waiver; and the
criteria for waiving the fee should be clearly defined.
Paul Fishman/Town citizen and representative of the mall tenants, requested
the Town Board postpone a decision on the issues. The tenants are meeting
to establish an itemized proposal on what they would like the Town Board to
consider. He stated the businesses that were not able to reopen in 2009
(scrapbooking store, Copper Penny, and Rocky Mountain Traders) should be
included in the fee waiver discussion.
After further discussion, the item was continued until the tenants of the mall
can bring a proposal forward to discuss with Staff and present to the
Community Development Committee in February.
5. RESOLUTION #03-10 HAZARD MITIGATION PLAN.
Commander Rose presented the Resolution stating the Larimer County
Emergency Manager has requested the Town of Estes Park partner with
Larimer County's Hazard Mitigation Plan. This would allow Larimer County to
include the Town of Estes Park in a plan that already exists, thereby making
the Town eligible for FEMA funding assistance during a disaster. After further
discussion, it was moved and seconded (Miller/Eisenlauer) to approve
Resolution #03-10 giving Larimer County authority to include the Town of
Estes Park in the County's Hazard Mitigation Plan, and it passed
unanimously.
Board of Trustees — January 12, 2010— Page 5
6. 2010 ORGANIZATIONAL CHART.
Administrator Halburnt stated the Board approved a revised organizational
chart on October 14, 2009 that included the newly formed Community Services
Department. The proposed chart eliminates the Fire Department and the
Volunteer Firefighters because of the formation of the new Estes Valley Fire
Protection District in November. The Town Administrator has overall
supervisory authority for all departments, but specifically focuses on the
following departments: Finance, Police, Public Works, Utilities and Town Clerk.
The Deputy Town Administrator would specifically focus on the following
departments: Community Services (Museum, Senior Center, Fairgrounds,
Convention Center, Visitor's Center and Sales/Marketing, and act as the
executive director for EPURA.
It was moved and seconded (Blackhurst/Levine) to approve the 2010
Organizational Chart with the addition of Sales and Marketing added to
the Community Services Department, and it passed unanimously.
7. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Eisenlauer/Miller) the Town Board go into
Executive Session— For the purpose of determining positions relative to
matters that may be subject to negotiations, developing strategy for
negotiations, and/or instructing negotiators regarding Mary's Lake Water
Treatment Plant, under C.R.S. Section 24-6-402(4)(E), and it passed
unanimously.
Mayor Pinkham called a 5-minute break at 9:01 p.m. prior to entering into Executive
Session.
Mayor Pinkham reconvened the meeting at 9:34 p.m. from Executive Session
whereupon he adjourned the meeting at 9:34 p
William Pinkham, Mayor
ie Williamson, Town Clerk