HomeMy WebLinkAboutMINUTES Town Board Special Meeting 2011-12-20Town of Estes Park, Larimer County, Colorado, December 20, 2011
Minutes of a Special 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 20'h day of December, 2011. Meeting
called to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Town Attorney White
Cynthia Deats, Deputy Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 6 p.m.
REQUEST TO ENTER EXECUTIVE SESSION:
For a conference with the Town Attorney for the purpose of receiving legal advice on
specific legal questions under C.R.S. 24-6-402(4)(b) related to the Bond Park Project.
It was moved and seconded (Ericson/Levine) the Town Board enter into Executive
Session for the purpose of receiving legal advice on specific legal questions
related to the Bond Park Project, under C.R. S. Section 24-6-402(4)(b), and it
passed unanimously.
Whereupon, Mayor Pinkham adjourned the meeting to Executive Session at 6:03 p.m.
Mayor Pinkham reconvened the meeting to open session at 6:50 p.m. and called a ten
minute break.
At 7:00 p.m., Mayor Pinkham called the meeting to order and all desiring to do so,
recited the Pledge of Allegiance.
RESOLUTION OF RESPECT FOR TOWN ADMINISTRATOR HALBURNT.
Mayor Pinkham read a Resolution of Respect honoring Town Administrator Jacqueline
Halburnt, thanked her for her service to the Town of Estes Park and wished her well as
she begins new endeavors.
PUBLIC COMMENT.
None.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Miller expressed his appreciation to Town Administrator Halburnt. He stated
that an organizational meeting of the shuttle committee was held on December 19th with
the next meeting scheduled for Monday, January 9, 2012. He said the Local Marketing
District (LMD) Board had approved the intergovernmental agreement (IGA) that will be
considered later in the meeting.
Trustee Koenig wished Town Administrator a fond farewell.
Board of Trustees — December 20, 2011 — Page 2
Mayor Pro Tem Levine voiced his respect for Town Administrator Halburnt and his
appreciation for her service to the Town.
Trustee Ericson wished Town Administrator Halburnt the best in her future endeavors.
He encouraged the community to shop locally for holiday gifts.
Trustee Elrod said the Estes Valley Planning Commission (EVPC) and the Town Board
will be scheduling a joint study session to discuss accessory dwelling units (ADU). He
also wished Town Administrator Halburnt well.
Trustee Blackhurst said that Town Administrator Halburnt was hired as Deputy Town
Administrator after a national search and subsequently promoted to Town
Administrator. He said she was accountable and efficient at achieving the goals
established by the Town Board, meeting or exceeding these goals each year of her
contract. He said he will miss her good will and good humor and thanked her for her
service to the Town.
TOWN ADMINISTRATOR REPORT.
• Town Administrator Halburnt said she enjoyed serving the citizens of Estes Park
and the Town Board.
1. CONSENT AGENDA:
1. Joint meeting of the Town Board, Larimer County Commissioners and the
Estes Valley Planning Commission Minutes dated November 15, 2011.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works Committee, December 8, 2011:
1. 2012 & 2013 Tree Trimming Contract, Wright Tree Service - $191,089.60
2012 Budgeted, $193,710.40 per 2013 appropriations.
It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved,
and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. ACTION ITEM:
A. ORDINANCE #21-11 Amendments to the Estes Valley Development
Code — Chapter 6 Nonconforming Uses, Structures, and Lots to allow
for more flexibility to modify the interior of existing non -conforming
Accessory Dwelling Units (ADU).
Dir. Chilcott stated that, currently, non -conforming ADUs can be
maintained but significant alterations to the structures are not allowed.
She said the proposed amendment would allow for the improvement
and modernization of the interior space of existing non -conforming
ADUs. For example, reconfiguration of rooms, location of doors, and
improvement of windows would be allowed. However, the proposed
amendment would not allow for the expansion of the square footage,
footprint, or height of the structure. The amendment is being proposed
in response to requests from the public to allow alterations to non-
conforming ADUs. She noted that the EVPC recommended the
changes at their November 15th meeting and the Larimer County
Commissioners approved the change at their meeting on December
19th. Attorney White read Ordinance #21-11 into the record.
Board of Trustees — December 20, 2011 — Page 3
It was moved and seconded (Miller/Koenig) to approve ordinance #21-11, and it
passed unanimously.
3. STAFF REPORTS AND DISCUSSION ITEMS:
1. 2012 STAFF COMPENSATION.
The 2012 budget included a 3% staff raise. The Personnel Manual contains a
statement related to the Town's merit compensation philosophy in which
employee pay increases coincide with their level of performance. It was
Administration's intention to employ a merit pool for 2012 with raises
corresponding with the employee's annual evaluation and employment
anniversary date. However, different interpretations of how to implement the
3% increase have surfaced, with some members of the Board stating a 3%
cost of living adjustment (COLA) was approved for 2012. Staff requested
direction from the Trustees as to how to proceed. Discussion is summarized:
approved a 3% merit pool to coincide with performance evaluations to be done
at the beginning of the calendar year; minutes of October 21st budget session
reflect discussion of 2% bonus for 2011 and a 3% raise for 2012; propose a
2% COLA increase and a 1 % merit pool as equitable solution; consider a 3%
special salary increase to take effect January 1, 2012; in favor of all employees
receiving a 3% increase; approved a 3% salary increase to compensate
employees for working to bring Town through difficult economic times; strongly
favor a merit program to incent and reward performance; compensation is a
management tool to be used by managers to motivate employees; and 3%
increase is to make up for years in which no raises were given.
Charley Dickey, Town resident, spoke in favor of a merit system. He said the
Town needs to follow its policies and if necessary make changes to the
policies.
It was moved and seconded (Levine/Miller) to enact a special 3% salary
increase across the board effective on January 1, 2012.
An amended motion was made (Elrod/Ericson) to award the 3% raise in
accordance with the stated policy in the personnel manual based on
performance effective January 1, 2012, and the motion failed. Those voting
"Yes" Trustees Elrod and Ericson. Those voting "No" Mayor Pro Tem Levine,
Trustees Blackhurst, Koenig, and Miller.
Mayor Pinkham then called for a vote on the original motion to enact a
special 3% salary increase across the board effective on January 1, 2012,
and it passed. Those voting "Yes" Mayor Pro Tem Levine, Trustees
Blackhurst, Ericson, Koenig, and Miller, with Trustee Elrod voting "No".
The Mayor commented that in the future the Board must have a clear
understanding of how compensation monies will be allocated and managed.
The Board all agreed that the personnel manual, policies, and administrative
directives should be reviewed and revised if necessary.
4. ACTION ITEMS:
1. RESOLUTION #18-11 TO CONSIDER COMMENTS FOR WESTERN AREA
POWER AUTHORITY'S PROPOSED TRANSMISSION LINE FOR THE
ESTES-FLATIRON REBUILD.
Staff prepared a draft resolution related to the proposed transmission line for
the Estes -Flatiron Rebuild by the Western Area Power Authority (WAPA).
Administrator Halbumt noted that the WAPA project is a transmission line
rebuild project to increase system capacity, improve access, bring the facility
up to current codes, and replace old, deteriorating structures, and is not
within the Town's jurisdiction. She said, at this time, WAPA is conducting an
Board of Trustees — December 20, 2011 — Page 4
environmental assessment study of the project which will include a scientific
visual impact study of the transmission lines, and encouraging comments.
The proposed resolution includes consideration of the impact of transmission
lines on the rural character, views, and natural beauty of the area; the effect
on property owners; and impacts to the local tourism -based economy. The
comment deadline date is January 2, 2012, however, WAPA had considered
extending the deadline.
Mayor Pinkham said it is important to work with WAPA to find an appropriate
solution toward a mutual goal of protecting views, and invited public
comment.
Keith Pearson, Ron Norris, Don Sellers, Johanna Darden, Rainer Schelp,
George Hackman, Rebecca Urquhart, Cullen Darnell, Chris Jones, Bob Ernst,
Tom Vogelsang, and Gordon Pedersen provided statements during the
meeting. Their comments are summarized: support the upgrading of
infrastructure; do not want upgrades to harm the landscape; use existing
utility corridors for improvements; need to discuss alternative routes to
mitigate view impacts; urge WAPA to remove the support structures across
Lake Estes and Crocker Ranch; underground the lines for health reasons and
to maintain natural look and feel of the area; transmission lines would be ten
stories high and visible from everywhere in Estes Park and Rocky Mountain
National Park; do not want industrial look along the view corridor impacting
scenery; project will effect tourist economy for a long time in the future;
WAPA states it is more expensive to use existing right-of-way which may
have less visual impact; honor property rights and respect property owners;
find funding to balance interests and help WAPA pursue alternatives; costs to
underground lines are at least ten times higher; consider phasing the project;
support upgrades but route is incompatible with scenic views, use current
corridor and consider burial and two post instead of single post lines; and
opposed to adding three more overhead power lines.
Trustee Blackhurst stated that the Town has no control over this project but
can cooperate and work with the entities involved. He noted that
Administrator Halburnt has had conversations with Platte River Power
Authority (PRPA) related to undergrounding the lines across Lake Estes
which would be a multi -million dollar process. He stated that a resolution is
the wrong approach to take, but rather work through the Mayor and the
Utilities Director to provide information to WAPA to express concerns of the
entire community.
Mayor Pro Tem Levine said burying the power lines across the lake is
separate from this project. He proposed a more cooperative less antagonistic
approach be taken in the resolution.
Trustee Koenig said she did not find the resolution negative and said it points
out topics of concern. Trustee Miller agreed that the resolution contains
concerns heard from the public and wanted to make sure the Town's position
and comments were received within the allocated timeframe.
Trustee Elrod commented on the security of the electrical grid and estimates
related to the cost of undergrounding utilities to be four to 14 times more
expensive than overhead lines. He proposed an addition to the resolution
requesting that WAPA examine the true impact and cost of undergrounding
the transmission lines for the security of residents and for the reliability and
security of the environment.
Trustee Ericson said he agrees with the concept of working together and
supports Trustee Elrod's proposed addition to the resolution related to
security issues. Mayor Pinkham proposed rewording the resolution's second
paragraph to reduce its adversarial tone.
Board of Trustees — December 20, 2011 — Page 5
It was moved and seconded (Koenig/Ericson) to approve Resolution #18-
11 with rewording of the second paragraph and the addition of Item #5
examining undergrounding for security reasons as proposed by Trustee
Elrod, and it passed. Those voting "Yes" Mayor Pro Tem Levine, Trustees
Elrod, Ericson, Koenig, and Miller, with Trustee Blackhurst voting "No".
2. AMENDED LOCAL MARKETING DISTRICT INTERGOVERNMENTAL
AGREEMENT.
Trustee Blackhurst recused himself from discussion. Deputy Town
Administrator Richardson stated that since the creation of the Local
Marketing District (LMD) in 2008, an IGA between the Town of Estes Park
and the LMD has been adopted annually. He stated proposed changes to
the 2012 IGA deal primarily with four former employees of the Town who
were assigned to the LMD. The LMD assumed financial responsibility for the
employees' salary compensation and benefits in 2010 and the liability of sick
time and vacation time accruals for these employees was transferred to the
LMD in 2011. Two LMD employees have vacation and sick time accruals
remaining on the Town books and one LMD employee has sick time
remaining on the Town books. Subsequent to input from Town Attorney
White and discussions related to the transfer process, it was determined that
the most efficient method to account for these earned benefits would be to
payout in cash the value of the accrued benefits. Two employees would be
entitled to a cash payout and one employee's accrued sick time would be
assumed by the LMD. The Town's policy related to a resignation or
termination of employment allows for a cash payout of unused vacation time
or sick time. The liability to the Town is $18,143.01. Trustee Ericson said he
would prefer the money be transferred to the LMD and paid out to these
individuals when their employment with the LMD ends, and recommended
the Town review this policy. It was moved and seconded (Miller/Ericson) to
approve the Local Marketing District IGA as presented, and it passed,
with Trustee Blackhurst abstaining from the vote.
Johanna Darden, Town resident, requested that a balance in the makeup of
the LMD Board be considered when appointments are made.
EAGLES CREST RESORT WATER MAIN LINE EXTENSION CONTRACT.
Dir. Bergsten stated that construction and startup costs for waterline
extensions are paid for by new customers requiring water service. The Town
of Estes Park Water Department standards allow for a portion of these
construction costs to be recovered by the customer if, within ten years,
adjacent land owner(s) tap into the waterline extension. Construction of a
new waterline extension has been completed by Estes Resort Group LP dba
Eagles Crest Resort to serve their facility on Spur 66. Staff presented a
waterline extension agreement, which was reviewed by Town Attorney White,
for approval. Dir. Bergsten said that the reimbursement does not include
interest and, in this case, there is only one adjacent vacant property that
could be developed. It was moved and seconded (Levine/Miller) to
approve the Eagles Crest Resort Water Main Line Extension Agreement
as presented, and it passed unanimously.
4. ORDINANCE #22-11 SETTING THE COMPENSATION OF THE MUNICIPAL
COURT JUDGE, ASSISTANT MUNICIPAL COURT JUDGE, AND THE
MUNICIPAL COURT CLERK PURSUANT TO SECTION 2.24.030 OF THE
MUNICIPAL CODE.
Attorney White stated that Colorado State Statute provides that the annual
compensation for the municipal court judge, assistant municipal court judge,
and the municipal court clerk be set annually by ordinance. It has been Town
policy to increase the judge and clerk salaries in even numbered years.
Adoption of Ordinance #22-11 would provide a 5% salary increase for the
Board of Trustees — December 20, 2011 — Page 6
judge and clerk. The compensation for the assistant municipal court judge
would remain unchanged at $150 per case. Attorney White read Ordinance
#22-11 into the record. It was moved and seconded (Blackhurst/Miller) to
approve Ordinance #22-11, and it passed unanimously.
5. RESOLUTION #17-11 INTERIM TOWN ADMINISTRATOR SALARY & JOB
DUTIES.
Attorney White reported that Resolution #17-11 was revised to reflect
changes discussed at the Special Town Board meeting that was held on
December 5, 2011. Revisions include: the Interim Town Administrator will
serve at the pleasure of the Town Board, a monthly salary increase while
serving as Interim, the date for reduction in salary back to the Assistant Town
Administrator salary will be the start of the pay period immediately following
termination of the interim appointment. Due to a 3% salary increase
approved earlier in the evening, the resolution will be changed to reflect a
monthly salary increase of $537, and Item #4 related to a bonus payment will
be removed, and the date in #3 Return to Current Salary will be changed to
read January 1, 2012.
Trustee Elrod spoke in opposition of approval of the resolution stating that
assuming the Assistant Town Administrator job description includes
assuming the duties of the Town Administrator in his/her absence. He said it
would be more appropriate to recognize the additional responsibilities in the
form of a bonus to be considered at the expiration of the service rendered.
Charley Dickey, Town resident, asked who would serve as second in
command to the Interim Town Administrator. Current practice is for a
department head to serve in this capacity.
It was moved and seconded (Elrod/Blackhurst) to approve Resolution #17-
11 with amendments in #2 and striking #4 as outlined above, and it
passed. Those voting "Yes" Mayor Pro Tem Levine, Trustees Blackhurst,
Ericson, Koenig and Miller, and Trustee Elrod voting "No".
6. 2012 TOWN MISSION, VISION AND GOALS.
The Town Board met in September to review the Town's vision, mission and
guiding principle statements and recommended leaving the statements
unchanged. The 2012 goals were also discussed at that time, and staff
recommends that the Town Board adopt the goals as formal statements. The
2012 goals include enhancing the Town's economic vitality; improving
transportation; sustaining infrastructure; and the redevelopment of Stanley
Park and Bond Park.
Johanna Darden, Town resident, voiced disagreement with the Town's vision
of Estes Park as a premier resort community. She said Estes Park's
uniqueness and naturalness should be maintained.
It was moved and seconded (Blackhurst/Miller) to approve the 2012 Town
vision, mission and goals for 2012 as presented, and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the meetin
9:40 p.m.
William C. Pinkham, Mayor
Cynthia Deets, Deputy Town Clerk