HomeMy WebLinkAboutPACKET Administrative Committee 1993-04-26ADMINISTRATIVE COMMITTEE
April 26, 1993
10:00 a.m. -- Room 103
AGENDA
1. Stanley Park Eminent Domain Proceeding - Request to
begin.
2. Personnel Policy Manual - Review revisions.
3. Electric/Barbed Wire Fences - Discussion of revisions to
ordinance prohibiting electric and barbed wire fences.
4. Investment Policy - Consideration of adoption.
5. Policy Agenda: 1993 - Quarterly progress report.
6. CIRSA Report:
a. Annual Loss Review.
b. Special Event Liability.
c. Changes in P/C Coverages.
7. Executive Session: To discuss contract negotiations and
personnel matters.
April 23, 1993
TO:
TOWN OF ESTES PARK
r
MEMORANDUM
Honorable Mayor Dannels and
Board of Trustees
FROM: Rich Widmer
Assistant Town Administrator
RE:
�'- ,,.<C
ADMINISTRATIVE COMMITTEE AGENDA DISCUSSION
STANLEY PARK EMINENT DOMAIN PROCEEDING
Included are two memos from Town Attorney White regarding the
procedures necessary to clear the title to Stanley Park. Mr.
White's estimate is a cost of about $20,000 for appraisal, court
costs and legal fees. A map is attached which shows that Stanley
Park was obtained in three parcels: one from F.O. Stanley, one
from Estes Park Development Company, and one from the Manfords.
Also included is a memo from Finance Officer Vavra and myself
stating that $21,033 in extra fund balance is available in the
Special Events Fund. In addition, a letter from Susan Davis and
another from Town Attorney White is included which describe the
assistance the town might receive from Francis Stanley in regard to
clearing the title.
Recommendation: Recommend to the Town Board eminent domain
proceedings be started for Stanley Park.
(3031586-5331 P.O. BOX 1200 3 ESTES PARK, CO80517 ® FAX (303)586-2816ADMINISTRAEION r 03) OTHER
Town of Estes Park Estes Park, Colorado 80517
Administrative Committee Meeting, April 26, 1993 -- Page 2
PERSONNEL POLICY MANUAL REVISIONS
The Americans with Disabilities Act requires us to review all
written policies for compliance. As we were proceeding to do this
for the Personnel Policy Manual, it became obvious it was time to
update the entire manual and include all approved changes made to
date. A copy of the manual with revisions marked is enclosed.
Almost all are either housekeeping or previously -approved changes.
We have added new sections on Demotion, the Family Leave Act, and
Sexual Harassment. We will discuss each change during the meeting.
Recommendation: Recommend to the Town Board adoption of the
changes to the Personnel Policy Manual as presented or modified.
ELECTRIC/BARBED WIRE FENCES
Included is a copy of the ordinance as proposed at the March 23rd
Town Board meeting. Also included is a copy of the transcript of
that meeting for review of the discussion which took place. Staff
is prepared to modify the ordinance in any manner you decide.
Recommendation: Recommend to the Town Board adoption of the
ordinance as modified, table to a future meeting, assign to a
committee, or drop.
INVESTMENT POLICY
Enclosed is a suggested investment policy for the town. It has
been reviewed by Finance Officer Vavra, Steve Jackson, and Town
Administrator Klaphake. Adoption of an Investment Policy is part
of Goal #3, Maintain Strong Financial Position, of the Policy
Agenda: 1993.
Recommendation: Recommend to the Town Board adoption of the
Investment Policy as presented or modified.
POLICY AGENDA: 1993 QUARTERLY PROGRESS REPORT
Enclosed is a summary sheet showing the progress to date of each of
the "A" priority goals established at the summer board retreat,
plus the three added at the January 26th meeting. I will go into
as much detail as you wish on each item. This is also an
appropriate time to revise the goals or add to them, if you wish.
Recommendation: No recommendation needed unless new goals are
added or existing ones modified.
Town of Estes Park Estes Park, Colorado 80517
Administrative Committee Meeting, April 26, 1993 -- Page 3
CIRSA REPORT
Included is a letter from CIRSA detailing our 1992-loss record and
audit of loss control standards. Our 1992 losses shows a decline
over the last three-year period and our audit score increased from
last year. Finance Officer Vavra will answer any questions you
have concerning this matter. Also included is some information
from CIRSA regarding special events and the need to have the town
named as an additional insured. We have also included information
about the changes in Property/Casualty and Liability coverages
provided through CIRSA.
Recommendation: No recommendation needed.
EXECUTIVE SESSION
An Executive Session is needed to discuss progress to date on the
EPURA and EVRPD consolidations and the EPSD and UTSD merger. Town
Attorney White advises an Executive Session is appropriate since
Intergovernmental Agreements (contracts) will be needed.
The second item of the session will be a presentation on the Town's
organization chart (personnel) by Town Administrator Klaphake.
. .I
DUM
To: Gary Rlaphake
From: Greg White
Date: March 8, 1993
Re: Stanley Park y inent Domain Proceeding
The first step in the eminent domain proceeding is to get a
qualified appraisal of the property (future interest) to be
condemned. Because appraisal of a future interest is not a common
process, it may be difficult to find an appraiser who has
sufficient background to render a qualified appraisal. I recommend
that the appraiser be authorized to hire an attorney with expertise
in real estate and future interests for consultation. Thecost of
the consultation would be included in the cost of the appraisal.
Consulting with an attorney not hired by the Town would give the
appraiser confidence in the information regarding future interest
values and assurance that it is not biased. It would also be
evidence of reasonableness should a question arise before the court
as to whether the Town had negotiated in good faith.
It is my feeling that the legal fees for an eminent domain
action will not exceed $15,000 unless there are extenuating
circumstances. The appraisal, including consultation with a real
estate/future interest attorney, should be in the $3,000 - $4,000
range. I anticipate that publication and court costs will be
approximately $1,000.
SENT BY:HAMMOND CLARK WHIT ; 4- 7-93 4:29PM ; 6699380-) 303E666909;# 3
MEMORANDUM
To: Board of Trustees
From: Greg White
Date: January 20, 1993
Re: Stanley Park Future Interest Eminent Domain
We have completed the necessary research to proceed with
condemnation action against the heirs of F.O. Stanley for the
future interest retained by F.O. Stanley in the deed to the Town of
Estes Park for the property known as Stanley Park. The purpose of
the memorandum is to outline the specific requirements and actions
necessary to proceed with condemnation.
We attempted to contact the heirs of F.O. Stanley by letter
dated October 20, 1992, a sample of which is attached. To date,
only six written responses and one telephone response have been
received, only two of which have produced a quit claim deed for the
future interest. This was an inexpensive attempt to clear title,
but as it has not been successful, we now recommend that the Town
consider proceeding with condemnation under 38-1-101, et seq.,
C.R.S. We believe that the Town has sufficient statutory authority
to proceed. It will also be necessary to quiet title to the
property, so that the court may be assured that all persons
claiming an interest in the property have been determined. We
recommend that a quiet title action proceed simultaneously with the
condemnation action.
The following are actions items required to Complete the
condemnation:
1. The Trustees should authorize staff and legal counsel to
proceed with condemnation. Any detailed discussion of the legal
action involved should take place in executive session as a
litigation matter. A proposed resolution is attached.
2. The property to be condemned, the future interest, must be
appraised by a qualified appraiser to determine the value of the
property and fix compensation to the property owners. In this
instance, we anticipate that the value placed on the property will
be minimal, since the future interest is, at best, a reversionary
interest, the vesting of which is controlled by the Town. I am
attempting to contact an appraiser and will have the appraisal
made.
3. A good faith offer must be made to the property owners to
acquire the property. We will draft a letter with an offer, based
upon the appraisal, enclose a quit claim deed, and send this to the
list of heirs, plus any revisions to the list we are able to make.
The courts do not require that the good faith offer be made to
owners who cannot be located, so long as a reasonable attempt is
made to locate all owners and contact them. require that negotiations be extensive The case law does not
condemnation action, so long as there is pevideior n a thatoi furthera
negotiations would be futile.
4. Once good faith negotiations have been attempted and
either completed or abandoned, the petition for condemnation ma be
filed with the court. At that time, a summons and copyy
petition must be served upon all of the owners of the propertytto
be condemned, according to the same procedures for other ciil
actions. When the Whereabouts of all owners cannot be determined,
the court may permit Service by publication of the Colorado Rules of Civil Procedure. of to Rule 4 would
proceed
under 38-1-101, et seq., C.R.S. to complete the condemnation
action. The court may receive compensation awarded to the property
owners into the registry of the court. In order for the court to
then know who to release the funds to, it will be necessaryto
complete a quiet title action. once the compensation awaris
tendered to the registry of the court, the Town will be able to
have possession of the property.
S. There is no specific provision in the eminent domain
statues for dismissal of a petition for condemnation, but as the
proceedings follow the Colorado Rules of Civil Procedures
(C•R•C•P•), except as otherwise provided in the statute, dismissal
of the petition could presumably
determination of compensation be beyond the be
or1 budget
of the Town. p'ee title does not vest in the condemning authority
until the compensation is determined and paid to the registry of
the court. Thus, a motion to dismiss the permissible up to the point of title vestinPetitith should be
if a plaintiff dismisses a complaint, the plaintiffUndema a C.R.C.P.,
be
to paying court costs and attorneys fees to the may sutiotn.
Presumably this would also be true of dismissal of a petition in
eminent domain.
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April 8, 1993
TO:
FROM: Rich Widmer
Monte Vavra
MEMORANDUM
Administrative Committee
SUBJECT: Additional �-pecial Events Fund Balance
Due to lower than projected expenses, the Special Events fund ended 1992
with $21,033 more in the fund balance than estimated. This money could
be appropriated by resolution for whatever use you decide is
appropriate.
MAR rr F 1993
Trustees:
Emmons M. Pinkham, '93
President
Don A. Bourdon, '93
Vice -Pre .,iderrt
William P. Dubord, '93
Secretary
David S. Greenlaw, '94
Treasurer
John D. Beaupre, '93
Curtis L. Blake, '93
Jerome NI. Farnsworth, 94
Marla D. Ferris, '93
Mark E. Hurvitt, '94
Linwood B. Pinkham, '94
John R. White, '94
Trustee in Memoriam:
Raymond W. Stanley
Advisors:
Thelma S. Chenoweth
Arthur C. Hart, Jr.
Christopher Hutchins
Richard J. Keenan
Thomas C. Marshall
C. Susan Mason
George H. Stanley
Augusta H. Tapley
Special Advisor:
Francis E. Stanley
Director:
Susan S. Davis
Yankee Ingenuity
at Work
USEU
SCHOOL STREET
Gary Klaphake
Town Administrator
PO Box 1200
Estes Park, CO 80517
Dear Gary,
KINGFIELD, MAINE 04947
March 19, 1993
207-265-2729
When keeping up on a daily basis is barely this side
of a dream, what can we then say about catching up when
we return? What was it you said to Frank Hix about
attention units being a little stretched? I am, however,
beginning to see light at the end of the tunnel.
Not to take up unnecessary attention units in your
already -packed schedule, I simply wanted to thank you for
the time you invested in my visit earlier this month. I
hope it helped.
It was a pleasure for me, in the process, to become
better acquainted with some of the projects filling your
agenda, and thus EP's agenda. I was so impressed with
the whole town, and it is no accident that our lunch
started things off.
I was also impressed by the Stanley legacy, and the
rather odd feeling I got that F.O. himself has almost gotten
lost by it. I charged Frank, Judith, Lynn Swain, and
others in my path to curate an F.O./Estes Park exhibit for
the Stanley Museum, to open May 1994 here. There's so
much to be told!
The possibility of your Museum having a place on the
Stanley property is very exciting - attendance, and with it
mission -fulfillment, should improve dramatically. Not to
mention putting a lot of things in much better, and more
accurate, historical perspective, not that Stanley is all that
Estes Park is by a long shot. I hope that that project is
moving along the way you want it to.
Francis is prepared to contact relatives to handle
your situation with regard to the encumbrances, as soon as
The Stanley Museum is a non-profit corporation.
Donations and gifts are tax deductible within the limits of the law.
1-6
Gary Klaphake, March 19, 1993
Stanley Museum
Page 2 of 2
he has heard from you about who has to sign off. We
calculated that something like 13 (?) sounded a lot better
than 50-some. He is also awaiting work from me on that
score, and I hope to have that request fulfilled by Monday,
3/22.
Once again, thank you for your hospitality during my
visit, Gary. I shall be out again in July, to see my
daughter who will be staying at the Hixes' and working at
the Stanley. I shall stop in if time allows - for both of us
- to catch up.
Sincerely, i-
Susan S. Davis
Director
SSD/
r
LvNN A. HAMMDNO
REISER E. CLARK
QREbCRV A. WM1TE
MARTHA P. ALIRIOMT
HAMMONd1 C+LARk AND WHITt
LAW OFIricIca
FIRST NATIaNAL SANK qU ILOiNS, SUITE d1R
7:131:1 CART SEVENTH STREET
LOVELAND, COLCMAoo 110637
303•46711023
TELETAX
303.669.838U
April 13, 1993
ALFaRb P. CAVIS
or OQYNSEI.
Francis E. Stanley
P.O. Box 506
Santa Pe, New Mexico 87504
Dear Mr. Stanley;
I
removing the iste deedyour offer restriction assist the Town of Estes Park
rreoted byg ion on the Stanley Park property in
discussed ia your
telephonel conversation e, P.o. Stanley in April 7, 93 we
generously offered to assist the Townincontacting heirs of
Stanley to attempt to have them execute the necessaryQuit
Deeds to quit• 4.
claim any interest they may have nthe Claim
reversionary interest to the
consider reimbursinr Town. .You requested that the Town
s thatfyouoma °f`pocket expenses, such as long
distance phone callsy incur in this effort, but your
time would be donated to the Tawas should consider reimbursing Sue Also, you suggested that the
for her expenses incurred in this effort.Davis of the Stanley Museum
Once again I would like to thank you for your offer of hel
in this matter. As I stated on the phone, the estio p
proceeding with regard to the Stanley Park issuen willbef
presented to the Town Board on April 26, 1993. At that time I
will relate your offer to the Town Board and I am sure that
will be more than happy to have they
mutual effort to clear the title touStaanlleytPark. arice as part
in of a
fact
the Town Board authorizes me to proceed, shortly after April, 26, 1993 with information that l be contacting neeyou
regard to obtaining the necessary signatures. youneed with
Estes Once again,
a your offerh to thank
You on behalf of the Town of
accurately restate the essences of aour c If this letter does
ul not
appreciate it if you would give me a conversation, I would
further thoughts with regarto this cmatterApri lso, if you have any
1993, I would appreciate it if you would contact me to April 26,
Very truly yours,
GAW:jc
cc. Gary Klaphake
Gregory A. White
FRANCIS E. STANLEY
architect
P.Q. PDX 506 SANTA FE, NM
*7504 TEL 505 983.2258
April 17, 1993
Gregory A. White, Attorney
Hammond, Clark & White
200 East Seventh. Street - Suite 418
Loveland, Co 80537
RE: Stanley Park, Estes Park, Colorado.
Dear Mr. White:
I am glad to have spoken with you about the deed restriction
on the reference property, and I appreciate your letter of
April 13, 1993. The terms sound fine to me.
I would like to proceed with getting this matter behind us,
and, once I hear from you, I would like to put together a
letter to those concerned and in the bloodline. I still have
some mare pictures to have developed which I shall include
with the map I have of Estes Park when I do my report. Also
I hope to be in Maine for several weeks in June and July
which would permit personal contact with heirs if needed.
I do think the Stanley Museum should be reimbursed for the
time Sue Davis spent tracking down the members of the
Stanley clan, and any other help she may give in completing
this matter.
I have one question about the deed which Uncle Freel signed,
and a copy of which vas given to me by Frank Hie. Why was it
not witnessed or recorded? I would be interested to know at
your convenience.
Withfsest re•.
�� I'
Fr ncis E. a ley
Enc loss : (1
c c: Suaan Davis
Adopted October 14, 1986
Revised:
December 16, 1986;
June 9, 1987;
September 29, 1987;
January 26, 1988;
April 25, 1989;
January, 1991;
APRIL, 1993
PERSONNEL POLICY MANUAL
Capital letters indicate new material to be added and dashes
through the words indicate deletions.
TOWN OF ESTES PARR
PERSONNEL POLICY MANUAL
TABLE OF CONTENTS
Page
A. Equal Employment Opportunity 1
B. Recruitment and Selection 1
C. Employee Classifications 2
D. Employment of Relatives 2
E. Pay Philosophy 3
F. Pay Plan 3
G. Probationary Period 3
H. Performance Evaluations 4
1. Merit Increase 4
2. Probationary Increase 5
3. Promotions 5
4. Employee Incentives/Rewards 5
I. Exempt and Non -Exempt Employees 6
J. Work Week 7
K. Overtime 7
L. Compensatory Time 8
M. Employee Conduct 8
1. Outside Employment 8
2. Gifts 8
3. Alcohol and Drugs 9
N. Disciplinary Action 9
1. Verbal Warning 10
2. Written Warning 10
3. Suspension 10
4. DEMOTION 10
5. Termination 11
O. Appeals Process 12
P. Resignation 13
Q. Re-employment 14
R. Retirement 14
S. Leave 14
1. Annual Leave 14
2. Sick Leave 17
3. Emergency Leave 17
4. Jury Leave • 18
5. FAMILY LEAVE 18
T. Holidays 18
I
TABLE OF CONTENTS
(Continued)
Page
U. Insurance 20
1. MEDICAL AND DENTAL INSURANCE 20
2. GROUP LIFE INSURANCE 22
3. FIRE & POLICE PENSION 22
4. MEDICAL PROVIDER . . . 22
V. Educational Assistance 22
W. Required Training 23
X. Personal Vehicle Usage for Town Business 24
Y. Town Vehicle Usage 24
Z. Vehicle Allowance 26
AA. Harassment 27
Employee Acceptance Receipt
Designated Workers Compensation Medical Provider
Exhibit 1 - Police Department - General Rules i
Exhibit 2 - Police Department - Vehicle Rules .
CONTRACT DISCLAIMER
This Personal Policy Manual does not and is not intended to create
a contract between the Town of Estes Park and any employee, or to
grant a right to any employee to be continued in the employment of
the Town of Estes Park, or to limit the right of the Town of Estes
Park to discharge its employees with or without cause. (Board of
Trustees - January 26, 1988).
This Personnel Policy Manual is subject to change by the Town of
Estes Park at any time, including changes to benefits provided and
to personnel practices, and the changes may apply to then current
as well as future employees. (Board of Trustees - January 26,
1988).
III
PERSONNEL POLICY MANUAL
These personnel policies pertain to all employees of the Town of
•Estes Park EXCEPT ELECTED AND APPOINTED OFFICIALS. This includes
full-time, part-time, and temporary employees unless otherwise
noted. These policies have been approved by the Board of Trustees
and are administered by the Town Administrator and/or Department
Supervisors. Department Supervisors are the Assistant Town
Administrator, Town Clerk, Light and Power Director, Public Works
Director, Finance Officer, Police Chief, Community Development
Director, Special Projects Manager/Landscape Architect, and Special
Events Director, AND MUSEUM DIRECTOR.
EMPLOYEES WHO ARE MEMBERS OF THE ESTES PARK POLICE DEPARTMENT,
INCLUDING CIVILIAN EMPLOYEES, ARE SUBJECT TO THE PROVISIONS OF THE
ESTES PARK POLICE DEPARTMENT MANUAL. DISCIPLINARY ACTION MAY BE
TAKEN AGAINST A POLICE DEPARTMENT EMPLOYEE FOR VIOLATIONS OF BOTH
THE TOWN'S PERSONNEL MANUAL AND THE ESTES PARK POLICE DEPARTMENT'S
MANUAL. THE PROCEDURE FOR DISCIPLINARY ACTIONS SHALL BE AS SET
FORTH IN THIS MANUAL.
A. Equal Employment Opportunity
The Town of Estes Park is an equal opportunity employer AND
DOES NOT DISCRIMINATE ON THE BASIS OF RACE, RELIGION, COLOR,
SEX, AGE, NATIONAL ORIGIN OR DISABILITIES. Discrimination io
prohibitcd against any person in any aspect of personnel
administration due to race, color, religion, national origin,
political affiliation or other non merit factor.
is also prohibited unless these factors constitute an
occupational qualification.
B. Recruitment and Selection
Candidates for job vacancies will be recruited both internally
and externally. Consideration shall be given for promotion
from within the Town ranks, but not to the exclusion of
1
qualified outside applicants. Meaningful, equitable and
realistic job requirements shall be established for
recruiting, with provision for appropriate testing procedures.
C. Employee Classifications
The majority of Town positions are full-time in nature;
however, part-time and temporary positions exist.
Distinctions of the classifications are:
Permanent Employee: Any person hired for a specific job
who is expected to work on a continuing basis and meet
certain performance and time -on -job requirements.
Full -Time Employee: An employee who works a minimum of
35 hours per week, 52 weeks per year.
Temporary Employee: Any person hired for a special
project, on an "as -needed" basis, for seasonal work, or
for any kind of work on a transitory or casual nature.
Part -Time Employee: Any person working on a continuing
basis who works a minimum of 20 hours per week but less
than 35 hours per week, but who performs similar or
identical work assignments to a full-time employee.
Permanent Part -Time Employee: A part-time employee who
works in a long-term position of 6 months or more
duration.
Temporary Part -Time Employee: A part-time employee
occupying short-term positions of 6 months or less
duration.
D. Employment of Relatives
No employee of the Town of Estes Park shall occupy a position
for the Town whereby the employee is supervised or evaluated
by a spouse, parent, child, brother, sister, brother-in-law,
sister-in-law, or a person living, abiding or residing with
such employee. (Board of Trustees - October 9, 1984).
2
E. Pay Philosophy
The Town of Estes Park follows a "merit" compensation
philosophy (i.e.: employees are evaluated based upon
performance and pay increases coincide with level of
performance). This merit system provides incentives for each
individual to put forth THEIR his/hcr best efforts on the job.
This means that each individual's progress on the job is
reviewed regularly, recognizing the employee's achievements
and suggesting areas of possible improvement. The prime
responsibility for determining the amount of merit increases
rests with the Town Administrator and the Department
Supervisors, working within guidelines/limits established by
the Board of Trustees.
F. Pay Plan
Full-time and permanent part-time positions are included in
the Town's classification system. Erect-e —are-moo=
included in the classification plan.
Jobs are assigned various grades, based upon levels of
responsibility, nature of decisions made on the job, and
qualifications. Every Town employee in a particular job
classification will be paid within the same grade. Employees
move through their respective grades on the basis of job
performance.
At the discretion of the Board of Trustees, the pay plan is
evaluated periodically to: (1) determine the adequacy of
existing pay rates to reflect cost of living changes and other
influencing factors; and (2) take into account any pertinent
changes in responsibilities or qualifications that may impact
the classification of a job.
G. Probationary Period
The probationary period allows a supervisor to train, observe,
and evaluate an employee's work in order to determine fitness
3
for a position. All appointments (original, promotional, re-
employment and re -instatement) are subject to a probationary
period. The length of the probationary period is determined
by the employee's classification:
• the probationary period for general Town employees
is six (6) months.
• The probationary period for Public Safety personnel
is one (1) year.
All employees will be evaluated at the end of their
probationary period with regard to their proven ability to
perform the duties and responsibilities of the position.
If, at any time during the probationary period, the Department
Supervisor determines that the services of the employee have
been unsatisfactory, the supervisor may take such appropriate
action as termination, demotion or extension of the
probationary period. This action must be approved by the Town
Administrator and is without right of appeal or hearing.
(Board of Trustees - December 13, 1977).
H. Performance Evaluations
Using a prescribed format, written evaluations will be
completed by supervisors for each employee below the level of
Department Supervisor. Written evaluations are given to
employees upon completion of the probationary period and by
the mid year pay period thereafter FIRST OF EACH CALENDAR YEAR
THEREAFTER.
The employee's supervisor will discuss completed evaluations
with each employee to point out the employee's strengths and
weaknesses and to recommend ways to improve performance.
1. Merit Increases
The Board of Trustees may authorize a merit pool
4
for each department. Merit pay increases are based
upon the employee's performance and the employee
will be evaluated by the mid year pay period FIRST
OF EACH CALENDAR YEAR.. t The merit increase, if
given, will take effect the first day of the mid
year FIRST payroll cycle. (Board of Trustees -
October 9, 1984; November 19, 1990).
2. Probationary Increase
Department Supervisors are permitted to give new
employees,a merit increase following their sixth -
month evaluation if the evaluation indicates
superior performance. The amount of increase will
depend upon the recommendation of the Department
Supervisor and will not exceed 5%. This merit
increase shall be in addition to the annual merit
limits set by the Board of Trustees each year.
(Board of Trustees - September 16, 1985).
3. Promotions
Employees who are promoted will be placed at a
position in their new pay grade which is at least
five (5) percent higher than their current rate of
pay.
4. Employee Incentives/Rewards
The Town of Estes Park, as designated in the
Municipal Code Section 2.08, may upon
recommendation of the Department Supervisor, award
special employee incentives in recognition of
outstanding service to the Town of Estes Park.
This award may be monetary or otherwise. Police
Department personnel are eligible to receive a
Citation for Valor, Departmental Citation or Merit
Citation. The Citation for Valor shall be awarded
only in exceptional cases where a hazardous duty is
performed by an officer who risks his life in such
duty. Departmental citations shall be awarded for
the performance of police service requiring
exceptional courage and bravery, or where, because
of the outstanding nature of the act, a life is
saved, a serious crime prevented, or a person
arrested who has committed a serious crime.
A Merit Citation shall be awarded to any officer
whose service in the line of duty, whether it
involves physical danger or not, indicates unusual
thoroughness, conscientiousness, determination and
initiative in performing a difficult assignment,
which results in or is instrumental in protecting
the life or property of any person.
Final approval for Incentive Awards will be given
by the Department Supervisor. (Board of Trustees -
March 26, 1985).
I. Exempt and Non -Exempt Employees
The Town of Estes Park adheres to the guidelines set forth by
the Fair Labor Standards Act (FLSA). (The act covers such
compensatory regulations such as overtime and minimum wage).
Those job positions regulated by the act are termed "non-
exempt"; those employees not within the purview of the FLSA
are termed "exempt." Town positions which are exempt ARE ALL
DEPARTMENT SUPERVISORS. include:
Town Administrator*
Assistant Town Administrator*
Town Clerk*
Light and Power Director*
Public Works Director*
Finance Officer*
Police Chief
Community Development Director*
Special Events Directorl"
Assistant to Light and Power Director
6
Light and Power Linc Foreman
Engineering Technician
street/Park Superintcndcnt
Water Superintendent
Police Captain, Lieutenant, Corporal, Sergeant
and Detective
Building Official
Museum Director*
*Department Supervisors
Exempt employees, except Department Supervisors, will be paid
overtime or compensatory time in accordance with the Fair
Labor Etandard3 Act. (Board of Tru3tcca Ccptember 16,
1985).
J. Work Week
The work week for Town Employees (excluding certified police
officers) will be from 12:01 A.M. Sunday through 12:00
Midnight Saturday. The work week will consist of either five
(5) 8-hour days or four (4) 10-hour days as designated by the
Department Supervisor. (Board of Trustees - September 16,
1985).
The work period for certified police officers will be a 28-day
cycle which will begin at 7:00 A.M. every fourth Monday. The
work shift will be either 8 or 10 hours in length, as
designated by the Department Supervisor. (Board of Trustees -
September 16, 1985).
K. Overtime
Overtime hours must be authorized by the Department
Supervisor. Hours worked in excess of 40 hours per week will
be calculated at a rate of one and one-half times the
employee's hourly rate. An exception to this policy is for
certified police officers, who will receive overtime pay for
hours worked in excess of 171 hours in a work period.
7
Authorized paid time off (i.e.: annual leave, sick leave,
holiday leave and other leave) is counted as hours actually
worked in that pay period. These hours are calculated for
overtime purposes when the leave period is actually taken.
(Board of Trustees - September 16, 1985).
L. Compensatory Time
Compensatory time ("comp. time") must be authorized by the
Department Supervisor. Compensatory time can be accumulated
to a maximum of 240 hours (for 160 overtime hours worked) and
480 hours (320 hours of overtime) for employees engaged in a
"public safety activity, an emergency response activity, or a
seasonal activity." ANY ACCRUED COMPENSATORY TIME NOT TAKEN
IN THE CALENDAR YEAR IN WHICH IT IS ACCUMULATED WILL BE PAID
AT . THE END OF THE CALENDAR YEAR 11,3=0=Rinst.
Trustees - September 16, 1985).
(Board of
M. Employee Conduct
Employees will conduct themselves, at all times, in a manner
which reflects favorably on the Town.
• 1. Outside Employment
An employee may engage in outside employment
provided that such employment will not interfere
with the proper and efficient performance of the
employee's Town duties, and where there is no
conflict of interest. Prior to accepting outside
employment, an employee shall obtain approval from
his/her THEIR Department Supervisor.
2. Gifts
Soliciting or accepting gifts for services of
monetary value from any person doing business with
the Town is prohibited.
8
3. Alcohol and Drugs
The use or display of alcoholic beverages or non -
medicinal drugs by a Town employee during working
hours WHILE ON DUTY is prohibited. ON DUTY WILL
INCLUDE ON -CALL DUTY HOURS.
Police Department "Ccncral Rules of Conduct" arc shown in
Exhibit 1 (Police Department General Rules) at the conclusion
of this manual.
Disciplinary Action
Disciplinary action may be taken against an employee who has
failed to conduct THEMSELVES him/hcrrclf in a manner
consistent with accepted standards of employment or conduct.
Causes for disciplinary action include, but are not limited
to:
1. Gross neglect of duty.
2. Refusal to comply with proper commands or
instructions.
3. Insubordination.
4. Offensive language or conduct, INCLUDING HARASSMENT.
5. Continued Incompetence, and inefficiency or
carelessness in performing job duties.
6. Theft of property or falsification of records.
7. Consuming alcoholic beverages or non -medicinal
drugs in the course of reporting to work or while
on duty, or being adversely under, the influence of
alcohol or non -medicinal drugs while on duty.
Disciplinary action can take the form of a verbal warning,
written warning, DEMOTION, suspension or TERMINATION
discharge. The nature and severity of the disciplinary action
will be determined by the Department Supervisor. In the case.
of the Police Department, disciplinary action will be enforced
by the designated chain of command.: Police Sergeant,
Lieutenant, Captain, Chief of Police and Town Administrator.
9
Specific causes for disciplinary action relative to Police
Department personnel arc Shown a3 part of Exhibit 1 (Police
Department Cencral Rules).
1. Verbal Warning
The supervisor will discuss the facts in the case,
in private, with the employee involved. The
employee will also be advised what action will be
taken should another violation occur. The
supervisor will document the verbal warning and
place a copy in the employee's personnel file.
2. Written Warning
The supervisor will review the facts of the case
with the employee, and in the presence of the
Department Supervisor, if deemed necessary. The
employee will be advised what action will be taken
if another violation occurs.. The employee will
sign the written warning, and will have the right
to note any disagreement with what is stated on the
written warning. A copy of the written warning
will be given to the employee and a copy will be
placed in the employee's personnel file.
3. Suspension
If eft THE employee's unacceptable action OR
OMISSION continues after hc/shc has been warned,
both verbally and in writing CONDUCT WARRANTS
SUSPENSION, a supervisor then has the option of
suspending the employee. This action may be with
or without pay.
4. Demotion
IF THE EMPLOYEE'S CONDUCT WARRANTS DEMOTION, A
SUPERVISOR HAS THE OPTION OF DEMOTING THE EMPLOYEE
TO A LOWER PAY GRADE.
10
5. Termination
If an employee's unacceptable behavior continuca
after he/ahc has bccn warned or ouspendcd, the
employee will be terminated. IF THE EMPLOYEE'S
CONDUCT WARRANTS TERMINATION, A SUPERVISOR HAS THE
OPTION OF TERMINATING THE EMPLOYEE. The employee
will have the right to a pre -termination hearing
with the Department Supervisor if he/she THE
EMPLOYEE so chooses. This gives the employee an
opportunity, prior to diocharge TERMINATION, to
produce contrary records or testimony on his/her
THE EMPLOYEE'S behalf. Terminations must receive
approval of the Town Administrator.
IN TAKING ANY DISCIPLINARY ACTION, A DEPARTMENT
SUPERVISOR SHALL CONSIDER ALL PREVIOUS DISCIPLINARY
ACTIONS INVOLVING THE EMPLOYEE. A SUPERVISOR MAY
TAKE ANY OF THE ABOVE DISCIPLINARY ACTIONS,
INCLUDING TERMINATION, WITHOUT FIRST WARNING,
SUSPENDING, OR DEMOTING THE EMPLOYEE.
Termination of employment for a permanent employee
with not -less -than one (1) years service which has
not been requested by an employee, will result in
payment for the accrued annual leave, COMP TIME, OR
AND HOLIDAY HOURS. (Board of Trustees - November
28, 1978).
Termination may occur as a result of a reduction in
the number of employees of the Town of Estes Park
due to reorganization of the Town and/or reductions
in force due to economic or other circumstances.
(Board of Trustees - January 26, 1988).
Note: A 3upervi3or i3 not required to follow each of thc3c 3tepo
prior to terminating an cmploycc. If an employcc'3 action i3 of
3ufficicnt ccvcrity, a 3upervioor can terminate the employee prior
to following the warning or 3u0pending proccdurc3.
6. ANY DISCIPLINARY ACTION AGAINST A DEPARTMENT.
SUPERVISOR SHALL BE MADE BY THE TOWN ADMINISTRATOR.
THE DISCIPLINARY PROCEDURE SHALL BE THE SAME AS THE
PROCEDURE FOR EMPLOYEES, SUBSTITUTING THE TOWN
ADMINISTRATOR FOR A DEPARTMENT SUPERVISOR. IF A
DEPARTMENT SUPERVISOR IS DISCIPLINED, THE TOWN
BOARD SHALL SUBSTITUTE FOR THE TOWN ADMINISTRATOR
IN THE APPEALS PROCESS.
O. Appeals Process
An employee may appeal disciplinary action against him/her
THEM within 15 5 working days of a Department Supervisor's
action. The appeal will be reviewed by the Town
Administrator.
To appeal an action, an employee shall submit a written
request to the Town Administrator. The Town Administrator
will affirm or reverse the appeal, in whole or in part, within
.15 5 working days (a "working day" is Monday through Friday,
excluding any legal holiday which might fall on any of said
weekdays) from the date of receipt. The Town Administrator
will notify the employee fin writing} of his/her
determination. The employee then has the right to appeal the
Town Administrator's decision to the appropriate Committee of
the Board of Trustees. The Committee will then set a date and
time for the appeal hearing and the employee will be given
written notice of the date and time.
The notice will be personally delivered or sent certified mail
to the address the employee submits to the Town Administrator
at the time the employee makes his/her THEIR appeal.
12
If the appeal hearing date is mailed, it shall be deemed
delivered when deposited in the United States mail. The
notice will be delivered to the employee at least five (5)
days prior to the hearing day.
The appeal hearing shall be a public hearing if so requested
by the employee. the employee shall be entitled to
representation by an attorney, at the employee's sole expense.
If a public hearing is not requested by the employee, the
appeal hearing shall be closed to the public.
The employee shall be entitled to testify and present evidence
on THEIR his/her behalf, together with the right of cross-
examine EXAMINATION OF all adverse witnesses who testify at
the hearing. The Committee shall affirm or reverse the
Department Supervisor's action within 34 10 working days of
the hearing date. The decision shall be in writing and either
personally delivered to the employee or mailed by certified
mail. If mailed, decision will be deemed delivered when
deposited in the United States mail.
The Department Supervisor's action, the Town Administrator's
determination, and the determination of the Committee shall
become a part of the Town's personnel files and subject to
inspection as allowed by the Statutes of the State of
Colorado. If the employee is terminated or resigns, the came
shall be confidential information. (Board of Trustees -
January 10, 1978; July 3, 1978).
P. Resignation
To resign in good standing, 39 14 days written notice must be
given to the employee's Department Supervisor. Failure to do
so MAY will result in the cancellation of all accrued annual
leave, unless extenuating circumstances exist as determined by
the Department Supervisor.
13
Q.
Re-employment
For any employee who leaves the Town of Estes Park in good
standing, and returns within three (3) months from the date of
termination, the Town of Estes Park will restore all longevity
credit as it pertains to benefit accrual. This section does
not guarantee re-employment. (Board of Trustees - December
16, 1986).
R. Retirement
All employees shall be retired upon reaching the age of 70
unless an exception is requested of, and 'approved, by the
Board of Trustees. Each exception must be renewed on an
annual basis thereafter, and may be withdrawn by the Board at
anytime.
Town employees are covered by, and contributions made, to the
Public Employees Retirement Association (PERA) and the Social
Security Administration according to State and Federal Law.
(Board of Trustees - December 13, 1977; November 28, 1978).
For those employees covered under the provisions of State of
Colorado Statute 24-51-911 who elect to be exempted from PERA,
the Town of Estes Park will contribute an amount equal to the
current employer's PERA contribution to the employee's
International City Management Association Retirement
Corporation Program (ICMA). (Board of. Trustees - April 9,
1985).
For Police employees, the Town of Estes Park contributes to
the ICMA Retirement Corporation Program for retirement and to
the Fire and Police Pension Association for death and
disability.
S. Leave
1. Annual Leave
Annual leave may WILL be accrued by all full-time
14
permanent and part-time permanent employees. The
accrual of annual leave begins upon initial
employment, and hours are earned each month based
upon the following schedule:
Years of
Service
Hours Earned
Per Month*
Maximum Allowable
Carry Over
0 through 3
7
168 Hours
4 through 39
7
8
192 "
11 through 15
10
240 "
8
16+
13
312 "
*Pro -rated for eligible part-time employees.
An employee will forfeit (on THEIR hi3/hcr
anniversary date) any accumulated'annual leave that
exceeds the maximum allowable carry over. For
example: A six -year employee who has 212 hours of
accrued annual leave will lose 20 hours leave (212
accrued hours minus 192 allowable carry over
hours).
Annual leave should be requested in advance and is
granted at the discretion of each employee's
supervisor.
Requests for annual leave may be deferred based
upon workload.
An employee may not use annual leave in cxccss of
that which i3 earned in a one year period unlcs3
requested in writing from and approved in advance
by the cmployce'3 3upervisor. (Board of Tru3tecs
July 3, 1978; April 9, 1985).
15
Terminated, permanent employees who have been
employed by the Town for more than one (1) year
will receive their accrued annual leave. (Board of
Trustees November 28, 1978).
2. Sick Leave
All Town employees will earn sick leave SICK LEAVE
WILL BE ACCRUED BY ALL FULL-TIME PERMANENT AND
PERMANENT PART-TIME EMPLOYEES at the rate of eight
(8) hours per month (pro -rated for ELIGIBLE part-
time EMPLOYEES and temporary personnel).
Sick leave may be taken for personal illness, or
for the illness, birth, or surgery of a family
membe.r THE EMPLOYEE'S SPOUSE, CHILDREN, OR PARENT.
(Board of Trustees - April 25, 1989).
When an employee takes more than two (2) continuous
days of sick leave, that employee's supervisor may
require submittal of a doctor's certificate.
Employees who accumulate more than 480 hours sick
leave will be allowed to convert all hours beyond
the 480 hours to annual leave on a 2-for-1 basis.
For example, if an employee has 480 hours of unused
sick leave on THEIR his/her anniversary date and
obtains an additional 96 hours during the next year
without using any sick leave, the employee will be
allowed to convert the 96 hours to 48 hours of
annual leave. Note: sick leave hours are not
available to convert to annual leave until the
employee's anniversary date* or termination. Upon
termination, only the hours accrued since the last
anniversary- ate -excess of 48-ean-be- Pcrtcd
to annual leave. The conversion will not apply to
16
the balance of hours transferred to the "sick leave
bank" as of January 1, 1985*. Also, THE excc3a
sick leave BANK must be used prior to using the
first 480 hours. Sick leave cannot be used during
an employee's annual leave unless approved by the
Department Supervisor. (*Board of Trustees - June
9, 1987).
Under no circumstances can more than 96 hours of
unused sick leave be converted to annual leave
during a given year. (Board of Trustees - October
9, 1984) .
A terminating employee that has completed 20 years
of continuous service shall be compensated for 50%
of the accumulated sick leave hours, including any
hours in the sick leave bank. Said compensation
will be computed at the same rate as final pay.
(Board of Trustees - September 29, 1987; April 25,
1989).
3. Emergency Leave
Employee leave -with -pay for an "emergency" or
"immediate family death" may be granted by the
Department Supervisor, with the approval of the
Town Administrator. The leave cannot exceed five
(5) consecutive
any
critical
working days.
illness
"Emergency" means
or injury requiring
hospitalization or other situation of a critical
nature involving a member of the immediate family.
"Immediate family" is the employee's spouse,
children, grandchildren, brothers, sisters,
parents, parents -in-law or grandparents. (Board of
Trustees - April 14, 1981).
17
4. Jury Leave
An employee may WILL be granted leave with full pay
to perform jury duty or serve, under subpoena, as a
witness before any court or commission. Any
compensation, other than reimbursement of expenses,
PAID TO A JUROR WHO SERVES MORE THAN THREE DAYS,
(IN ACCORDANCE WITH FEDERAL & COLORADO STATE
STATUTES), , received by the employee under Such
circumctancca shall be refunded to the Town of
Estes Park unless the employee elects to have such
time charged to annual leave. (Board of Trustees -
April 14, 1981).
5. FAMILY LEAVE
THE TOWN HEREBY ADOPTS ALL OF THE APPLICABLE
PROVISIONS OF THE "FAMILY MEDICAL LEAVE ACT OF
1993". IN TAKING ANY LEAVE UNDER THE PROVISIONS OF
THE ACT, AN EMPLOYEE MUST USE ALL ACCRUED SICK
LEAVE AND ANNUAL LEAVE AVAILABLE AT THE TIME OF
TAKING THE LEAVE. AFTER ALL AVAILABLE ACCRUED SICK
AND ANNUAL LEAVE HAS BEEN USED, THE REMAINING
PORTION OF THE LEAVE SHALL BE WITHOUT COMPENSATION
AND BENEFITS, INCLUDING ACCRUAL OF SICK AND ANNUAL
LEAVE, EXCEPT FOR THE CONTINUATION OF MEDICAL AND
DENTAL HEALTH COVERAGE.
IN THE EVENT ANY OF THE ,ROV°TSIONNOF THE TOWN' S
PERSONNEL MANUAL ARE MO GENERAOUS.0 THE EMPLOYEE
THAN THE PROVISIONS OF THE ACT, THE PROVISIONS OF
THE TOWN'S MANUAL SHALL CONTROL.
T. Holidays
The following holidays will be observed and are granted with
pay to all permanent employees:
Nominal Date Holiday
EMPLOYEE DISCRETION FLOATING DAY
18
January 1
February (3rd Monday)
May (last Monday)
July 4th
September (1st Monday)
November 11
November (4th Thurs.)
December 24
December 25
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving
Christmas Eve Day
Christmas
A FLOATING HOLIDAY WILL BE ACCRUED BY ALL FULL-TIME PERMANENT
AND PERMANENT PART-TIME EMPLOYEES AT THE FIRST OF EACH
CALENDAR YEAR. THE FLOATING HOLIDAY SHOULD BE REQUESTED IN
ADVANCE AND IS GRANTED AT THE DISCRETION OF EACH EMPLOYEE'S
SUPERVISOR. AN EMPLOYEE WILL FORFEIT THE FLOATING HOLIDAY IF
NOT USED BY THE LAST DAY OF THE CALENDAR YEAR IN WHICH IT IS
ACCUMULATED.
Note: PERMANENT part-time employees receive holiday pay on a
pro -rated basis.
Holidays that occur on a Saturday will be observed on the
preceding Friday and those which occur on a Sunday will be
observed on the following Monday.
Holidays must be taken unless the employee is scheduled to
work by the Department Supervisor.
Holidays which occur during an employee's absence due to
vacation or sickness shall not be counted as vacation or sick
leave.
Employees, other than Department Supervisors and Public Safety
Employees, required to work a holiday, shall be compensated.
according to the overtime schedule in Section K. (Board of
Trustees - January 10, 1984).
Public Safety Employees will receive compensatory time ( ON A
STRAIGHT -TIME BASIS) off for holidays worked, and such time
off shall be used within twelve (12) months of the time
19
accrued. Employees whose SCHEDULED day off falls on a holiday
receive pay for the holiday on a straight -time basis. (Board
of Trustees - November 23, 1976; July 7, 1977; July 3, 1978;
April 14, 1981).
U. Insurance
1. MEDICAL AND DENTAL INSURANCE
The Town grants group hospital, medical and dental
insurance to all full-time permanent employees and the
Board of Trustees. Premiums covering the employee are
paid in full by the Town. Family coverage can be
obtained by the employee through the same plan.
The family premium is partially paid by the Town at the
following percentages:
Years of Employment
Town's Share of
Premium
0 through 10
.70%
11+
75%
The Town offers employees and/or their dependents the
option to continue their medical and dental coverage for
an 18-month* period under the following "qualifying
events":
• Employees who are terminated for reasons other
than gross misconduct.
• Employees whose working hours have been
reduced.
The Town offers employees and/or their dependents the
option to continue their medical and dental coverage for
a 36-month* period under the following "qualifying
events":
20
• Death of employee (beneficiary can continue
insurance).
• Divorce or legal separation of employee and
spouse (both parties may continue insurance).
• Employees who become eligible for Medicare
coverage.
• Dependent child losing "dependent" status
under the requirements of the group plan.
For continuation of coverage, the employee and/or
dependent will be required to pay 100% of the total
insurance premium. It will be the responsibility of the
employee to notify the Town of changes in status which
will affect dependent coverage. This notification must
take place within 60 days after the change of status has
occurred.
No evidence of insurability need be provided for
continuation to occur. The continuation coverage must be
identical to the coverage offered to other Town employees
presently enrolled in the plan.
*Coverages will end earlier if:
• The employer ceases to provide a group health
care plan to its employees.
• If premium payments are not met by the
insured.
• If the insured is re-employed and is covered
under another group plan or becomes eligible
for Medicare.
• If a spouse who is a qualifying beneficiary
remarries and is covered under another group
health plan.
(Board of Trustees - November 23, 1976; June 7, 1977; December
13, 1977; March 25, 1980; April 9, 1985).
21
2. GROUP LIFE INSURANCE
ALL FULL-TIME PERMANENT EMPLOYEES ARE COVERED BY THE
TOWN FOR LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT
INSURANCE. THE EMPLOYEES ARE INSURED AT ONE TIMES ANNUAL
SALARY UP TO A $50,000.00 MAXIMUM. (BOARD OF TRUSTEES -
JANUARY 28, 1992).
3. FIRE & POLICE PENSION AUTHORITY
ALL FULL-TIME PERMANENT NON -CLERICAL PUBLIC SAFETY
EMPLOYEES ARE INSURED THROUGH THE STATE FIRE AND POLICE
PENSION AUTHORITY (F.P.P.A.) ACCIDENTAL DEATH AND
DISMEMBERMENT PLA ALL LIMITS AND COVERAGES ARE GOVERNED
BY THE COLORADO STATE STATUTES. (BOARD OF TRUSTEES -
DECEMBER 1, 1986).
4. MEDICAL PROVIDER
THE TOWN OF ESTES PARK HAS DESIGNATED THE ESTES PARK
MEDICAL CENTER AS THE PROVIDER OF TREATMENT FOR WORKER'S
COMPENSATION INJURIES. ANY EMPLOYEE OF THE TOWN THAT IS
INJURED ON THE JOB MUST SEEK TREATMENT AT THE MEDICAL
CENTER. (BOARD OF TRUSTEES - JANUARY 28, 1992).
V. Educational Assistance
The Town of Estes Park encourages its employees to improve
their job skills and will, within its current budget,
reimburse regular full-time PERMANENT employees for coursework
tuition. The requirements for tuition reimbursement are:
1. The employee must complete a "Request for Tuition
Reimbursement Form" and obtain approval from the
Department Supervisor prior to beginning the
course'.
2. The coursework must be job -related or part of an
established, approved career plan, and benefit the
Town of Estes Park.
22
3. Undergraduate courses must be completed with a
grade of "C" or better; graduate courses must be
completed with a grade of "B" 'or better. THE
EMPLOYEE WILL REIMBURSE THE TOWN IF GRADE LEVEL IS
NOT ACCOMPLISHED.
4. As part of the consideration for the Town paying
for employee education, employee understands that
continued employment with the Town is necessary to
enable the Town to benefit from the employee's
education. The employee agrees to reimburse the
Town for the cost of the education paid by the Town
if the employee terminates hio/hcr THEIR employment
within one (1) year after completing an individual
course or within three (3) years after completing a
degree program. The Town has the right to withhold
the appropriate sum from the employee's final
separation check.
5. Whenever possible, employees are to pursue classes
on their own time. When necessary, and upon
approval of the Department Supervisor, an employee
may be granted a maximum of four (4) hours per week
education leave to attend classes.
6. A Department Supervisor must receive the approval
of the Town Administrator prior to beginning any
course.
W. Required Training
All, of the costs for training programs or classes, including
tuition and books which are required to improve the employee's
performance of job assignments and duties, shall be paid by
the Town of Estes Park.
23
Requests and suggestions for approved, required training may
be initiated by the employee or the employee's supervisor.
However, all requests must be approved in advance by the
employee's Department Supervisor.
All training programs and classes shall be scheduled at a time
approved by the employee's Department Supervisor. All hours
spent in such training shall be considered time worked.
A Department Supervisor must receive the approval of the Town
Administrator prior to beginning any training. (Board of
Trustees - March 26, 1985).
X. Personal Vehicle Usage for Town Business
All Town employees required to use their vehicle will be
reimbursed at the rate of $.25/mile ESTABLISHED ANNUALLY BY
THE INTERNAL REVENUE SERVICE.
The responsibility for determining if a vehicle, car
allowance, or mileage reimbursement is granted to an employee
rests with the appropriate Department Supervisor. Funding of
these costs is also the responsibility of the Department
Supervisor.
Y. Town Vehicle Usage
In order to respond to emergency situations and to supervise
activities taking place during non -duty hours, the following
listed departmental vehicle may be authorized to be driven to
the employee's residence for emergency (off -duty) use:
Light & Power Department -
Foreman & Duty Employee "On Call"
1101'1'11,
Public Works Department -
Street/Park Superintendent & Fleet Manager
Water Department -
Water Superintendent & Duty Employee "On Call"
24
Employees, as authorized above, shall use Town vehicles in
their possession for official business only. 'Police per3onncl
311311 follow the rulc3 do cribcd in Exhibit 2 (Police Vehicle
Rulc3) when using Police vehicic3.
Employees who use Town vehicles must follow these procedures:
1. Employees should obey all laws and practice
courteous and safe driving habits. Department
Supervisors will investigate and take proper
disciplinary action if a complaint is filed
regarding improper use of a Town vehicle by any
employee.
2. Employees who regularly use Town vehicles should be
aware of the expiration date of their driver's
license and renew their license prior to that
expiration date. EMPLOYEES WITH CDL LICENSES WILL
BE REVIEWED PER FEDERAL REGULATION REQUIREMENTS.
3. Town vehicles will be used only for official Town
business. Employees authorized to use Town
vehicles for travel to and from work may make
reasonable stops enroute. Under no circumstances
will any employee purchase, carry, or imbibe any
form of alcoholic beverage while using a Town
vehicle.
4. Under no circumstances will any'individual other
than a Town employee operate a Town vehicle.
5. Seatbelts must be worn by all passengers during
operation of a Town vehicle.
Under normal circumstances, Town vehicles shall be refueled
only from the Town -owned gasoline pumps located at the Public
25
Works Shop facility. If it is necessary for a vehicle to be
driven to a point outside the Estes Park area which will
require refueling for the return, specific permission must be
granted in advance by the Department Supervisor.
Under no circumstances shall privately -owned vehicles be
fueled at the Town pumps. (Board of Trustees - March 26,
1985).
Z. Vehicle Allowance
Authorized Town employees, as identified below, shall be paid
a vehicle allowance. The vehicle allowance shall be paid for
the use of a private vehicle and the associated operation and
maintenance expenses. The private vehicle shall be used for
business related activities. Each year the vehicle allowance
shall be established in the Town's operating budget. (Board
of Trustees - February 14, 1989):
Town Administrator
Assistant Town Administrator
Finance Officer
Community Development Director
Police Chief
Public Works Director
Special Events Director
The above authorized employees shall insure said vehicle at a
minimum of $100,000 for any one person for bodily injury or
death, $300,000 for any one accident for bodily injury or
death, and $25,000 for property damage. A certificate of
insurance shall be filed with the Finance Officer.
The Town shall be obligated to reimburse the authorized
employee for travel, with a destination outside the Town's
service territory, at an authorized rate. Authorized
employees shall request reimbursement on a monthly basis,
using a Travel Expense Report.
26
AA. HARASSMENT
THE TOWN OF ESTES PARK IS COMMITTED TO A WORKPLACE FREE FROM
SEXUAL HARASSMENT. EACH EMPLOYEE HAS THE RIGHT TO WORK IN A
PROFESSIONAL ATMOSPHERE WHICH PROMOTES EQUAL OPPORTUNITIES AND
PROHIBITS DISCRIMINATORY PRACTICES, INCLUDING SEXUAL
HARASSMENT. AT THE TOWN, SEXUAL HARASSMENT, WHETHER VERBAL,
PHYSICAL OR ENVIRONMENTAL, IS UNACCEPTABLE AND WILL NOT BE
TOLERATED.
SEXUAL HARASSMENT IS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR
SEXUAL FAVORS OR VERBAL/PHYSICAL CONTACT OF A SEXUAL NATURE
WHEN: (1) SUBMISSION TO SUCH CONDUCT IS EITHER IMPLIED OR
STATED TO BE A TERM OR CONDITION OF EMPLOYMENT OR A FACTOR IN
THE EVALUATION OF THE EMPLOYEE'S PERFORMANCE, PROMOTABILITY OR
ANY OTHER COMPONENT OF EMPLOYMENT; (2) SUCH CONDUCT
SUBSTANTIALLY INTERFERES, EITHER DIRECTLY OR INDIRECTLY, WITH
AN EMPLOYEE'S WORK PERFORMANCE BY CREATING A HOSTILE,
OFFENSIVE OR INTIMIDATING ENVIRONMENT.
EXAMPLES OF SEXUAL HARASSMENT INCLUDE, BUT ARE NOT LIMITED TO,
SEXUALLY VULGAR LANGUAGE, REMARKS ABOUT AN INDIVIDUAL'S
PHYSICAL ANATOMY, DEROGATORY COMMENTS ABOUT GENDER,
DISTRIBUTION OF WRITTEN OR GRAPHIC SEXUAL MATERIAL, SEXUALLY
ORIENTED MAGAZINES/POSTERS, DISPLAY OF NUDE PICTURES, OTHER
WORDS OR DEPICTIONS OF A SEXUAL NATURE, PHYSICAL TOUCHING IN
A SEXUAL MANNER OR INVADING PERSONAL PRIVACY, ESPECIALLY THE
INTENTIONAL TOUCHING OF BREASTS, AND GENITAL AREAS OR BUTTOCKS
OR THREATS TO TAKE SUCH ACTIONS.
OCCASIONAL COMPLIMENTS OF A SOCIALLY -ACCEPTABLE MANNER OR
STATEMENTS OR ACTS THAT ARE ACCEPTABLE TO ALL ELEMENTS OF
SOCIETY ARE NOT SEXUAL HARASSMENT. SEXUAL HARASSMENT IS
STATEMENTS OR ACTS THAT ARE OFFENSIVE TO SOME PEOPLE. WHAT
MAY CONSTITUTE SEXUAL HARASSMENT MAY DIFFER FROM PERSON TO
'PERSO
27
PROCEDURE. ANY EMPLOYEE WHO FEELS SEXUALLY HARASSED BY A
SUPERVISOR, CO-WORKER, SUBORDINATE, OR OTHER NON -EMPLOYEES WHO
CONDUCT BUSINESS WITH THE TOWN SHOULD TAKE THE FOLLOWING
COURSE OF ACTION:
1. TELL THE OFFENDING INDIVIDUAL(S) TO STOP THE
HARASSMENT. STATE YOUR OBJECTION TO THE ACTION AND
THE SPECIFIC BEHAVIOR TO WHICH YOU OBJECT. HAVE A
WITNESS PRESENT IF POSSIBLE. ALSO NOTE THE TIME
AND DATE OF THE DISCUSSION AND WRITE A SUMMARY OF
WHAT YOU SAID AND HOW THE OFFENDER RESPONDED. IF
UNCOMFORTABLE WITH A
INDIVIDUAL(S), STATE
RETAIN A COPY.
2. IF THE PROCEDURE
PROBLEM OR IF YOU
DISCUSSION WITH THE HARASSING
YOUR OBJECTION IN WRITING AND
IN NO. 1 DOES NOT RESOLVE THE
FEEL REPRISAL WILL RESULT FROM A
COMPLAINT OR IF YOU FEEL UNCOMFORTABLE CONFRONTING
THE PARTY, YOU SHOULD FOLLOW THE FOLLOWING
PROCEDURE:
A) REPORT THE ALLEGED ACT IMMEDIATELY TO YOUR
DEPARTMENT SUPERVISOR. IF YOU DO NOT FEEL
COMFORTABLE REPORTING THIS TO YOUR DEPARTMENT
SUPERVISOR, YOU MAY REPORT THE HARASSMENT TO ANY
DEPARTMENT SUPERVISOR OR THE ASSISTANT TOWN
ADMINISTRATOR.
B) IF A COMPLAINT INVOLVES A DEPARTMENT
SUPERVISOR, THE COMPLAINT SHALL BE FILED DIRECTLY
WITH THE ASSISTANT TOWN ADMINISTRATOR OR TOWN
ADMINISTRATOR.
C) ALL COMPLAINTS WILL BE HANDLED IN A TIMELY AND
CONFIDENTIAL MANNER. NO INFORMATION CONCERNING A
COMPLAINT WILL BE RELEASED BY THE TOWN TO THIRD
PARTIES OR TO ANYONE WITHIN THE TOWN NOT INVOLVED
WITH THE INVESTIGATIO THE PURPOSE OF THIS
PROVISION IS TO PROTECT THE CONFIDENTIALITY OF THE
EMPLOYEE WHO FILES A COMPLAINT, TO ENCOURAGE THE
REPORTING OF INCIDENTS OF HARASSMENT, AND TO
28
PROTECT THE REPUTATION OF ANY EMPLOYEE WRONGFULLY
CHARGED WITH HARASSMENT.
D) INVESTIGATION OF A COMPLAINT WILL NORMALLY
INCLUDE CONFERRING WITH THE PARTIES INVOLVED AND
ANY NAMED OR APPARENT WITNESSES. EMPLOYEES SHALL
BE GUARANTEED A FAIR AND IMPARTIAL INVESTIGATIO
ALL EMPLOYEES SHALL BE PROTECTED FROM COERCION,
INTIMIDATION, RETALIATION, INTERFERENCE, OR
DISCRIMINATION FOR,,A COMPLAINT OR ASSISTING
IN AN INVESTIGAT TINGHE ISSUE OF WHETHER SEXUAL OR
OTHER HARASSMENT HAS OCCURRED REQUIRES A FACTUAL
DETERMINATION BASED ON ALL THE AVAILABLE EVIDENCE.
E) IF THE INVESTIGATION REVEALS THAT A COMPLAINT
IS VALID, PROMPT ATTENTION AND DISCIPLINARY ACTION
DESIGNED TO STOP THE HARASSMENT IMMEDIATELY AND TO
PREVENT ITS RECURRENCE WILL BE TAKEN. ALL
DISCIPLINARY ACTION SHALL BE AS SPECIFIED IN THE
TOWN PERSONNEL MANUAL FOR DISCIPLINARY PROCEDURE.
EMPLOYEE ACCEPTANCE RECEIPT
I have received a copy of the Personnel Policy Manual of the Town
of Estes Park, have read it, and understand its terms. I
understand that the Personnel Policy Manual is not intended to be
acontract between the Town of Estes Park and myself, that the
Manual can be changed, at any time, by the Town of Estes Park, and
that those changes may apply to me. I acknowledge the fact that I
have had an opportunity to ask questions pertaining to the meaning
of this Personnel Policy Manual.
Signature Date
30
TOWN OF ESTES PARK, COLORADO
By:
ATTEST:
Town Clerk
Mayor
I hereby certify that the above ordinance was introduced and read at a
meeting of the Board of Trustees on the day of ,
1993, and published in a newspaper of general publication in the Town of
Estes Park, Colorado, on the day of , 1993.
Town Clerk
ORDINANCE
AN ORDINANCE ADDING SECTION 14.08.030 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO, WITH REGARD TO ELECTRIC AND BARBED
WIRE FENCES
WHEREAS, the Board of Trustees of the Town of Estes Park has
determined that it is necessary to add Section 14.08.030 to the
Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK, COLORADO:
Section 1. Section 14.08.030 is hereby added to read as follows:
14.08.030 Electric and Barbed Wire Fences.
A. No electrically charged fences shall be installed on any
property within the Town of Estes Park, Colorado.
B. No barbed wire, razor wire or other sharp pointed fences shall
be installed on any property within the Town of Estes Park, Colorado,
except in the CO, CD and I-1 zones, subject to the following conditions:
1. The lowest strand of barbed wire is maintained at least
six (6) feet above the adjoining ground level outside the fence.
2. No more than three strands of barbed wire shall be used.
3. Prior to construction of said fences, a permit must be
obtained from the Building Inspector of the Town of Estes Park,
Colorado.
C. Any electric fence existing within the Town of Estes Park,
Colorado shall be removed on or before the 1st day of April, 1994.
D. Any barbed wire, razor wire or other sharp pointed fence
existing within the Town of Estes Park, Colorado which does not conform
to Paragraph B above shall be removed on or before the 1st day of April,
1998.
Section 2. This ordinance shall take effect and be enforced thirty
(30) days after its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO, THIS DAY OF , 1993.
ORDINANCE #3-93
ELECTRIC AND BARBED WIRE FENCES
TRANSCRIPTION
Town Board Meeting, March 23, 1993
Mayor: We have an ordinance before us concerning electric and
barbed wire fences.
Barker: Before we spend a lot of time, I need to go on record that
I can't support the ordinance as it's written. If you will refer
back to the minutes of the Administrative Committee, and no
criticism to Mr. White whatsoever, but it says appropriate
exceptions. At the time that we discussed this possible ordinance,
I raised a concern about the inevitability of Estes Park growing
into the more rural areas, taking on horse properties. We have
horse properties in town today, and the needs of those people to
use some of these fencing methods to control horses. I still have
that concern. I do not believe that this ordinance addresses those
concerns. In fact, it is a little more restrictive than probably
what we have today. For that reason, I think we need a little more
work and possibly a little more discussion and maybe some public
input before we pass an ordinance that we are going to live to
regret. I still believe that annexation of the entire valley
someday is in the best interest of the town and as we do that, we
are going to become more rural in nature than we are urban.
Mayor: Gary, did you have a comment you wish to make.
Klaphake: I don't feel we are in any hurry whatsoever. I think we
should just introduce this, gather some input tonight, and take our
time. Staff is under no compulsion to move on this fast. It was
timely to get it back to you from this January 25th meeting and
that's it. It's possible we could write an exemption in there
where horses are already permitted -- that would be an exemption
also for the fencing. The horses would drive the exemption. Where
horses are already permitted by some grandfather and/or if
annexation, then it wouldn't trigger this.
Barker: I just think we have to be sensitive. We love to have
people come out to the Old West. We have a western heritage here.
And now we are telling people, and I'm not saying that's the only
way that it can be done. But I am certain there are people out
there with concerns about this, so ...
GK: We will wrestle with that and I would like to hear a little
more input and then we will take another crack at it. If that's
not right, we'll take another crack at it. If there is any more
input, give it to us, please.
Gillette: I talked to a landowner who has both barbed and straight
fence, and in 20 years he reported to me that two animals have died
-- one on the barbed wire, one on straight fence. I know that is
a concern here in Estes Park for the wildlife. And I guess this
ordinance that bars any electric fence, I would take exception to,
because there are fenceless fences that are underground that are
electrically charged. Cause this ordinance says any electrically -
charged fence.
White: I don't consider that a fence under this ordinance, Mr.
Gillette.
Gillette: This is what the ordinance says. I know what attorneys
do with things.
White: That was not the intent.
Gillette: I also know that I for one have an electric fence at my
house to keep my dog in. I mean it isn't a three phase fence
that's going to kill someone. I have a number of children in my
house, as you all know, and I am quite sure that if any of my
children touch this low -voltage electric fence, they won't do it
again. It will not harm them. But I also know that my neighbors
would not like me to construct a 10 foot fence to keep my dog in,
which is an ordinance. So, what do I do -- shoot my dog if I can't
have an electric fence?
Klaphake or White: Not to be argumentative, but after what Mr.
Hartland talked about, I don't know if there are any ways of either
having some fences or no fences. I think it's all or none on
electric. I can't imagine how there can be a happy medium to that.
The one he was complaining about was similar to the one you were
just describing.
Barker: With due respect in terms of voltage and due respect to
Mr. Hartland, I'm not sure it's appropriate to have an ordinance
for one individual.
Hix: I sense from his request that maybe he would suggest a permit
or something for an electric fence.
Klaphake: We're going to be in no position to say yes or no. The
premise was that he has an accommodations place that goes up to a
residential neighborhood. The residential neighborhood put up the
fence, and he thought it was uncharacteristic to tourism to have
his tourists walk back there and walk into this electric fence.
Hix: I'm just speaking of what I heard. Don't mix it with my
comments.
Mayor: I think it's obvious it needs to be discussed and fine
tuned.
Dekker: I think when we were discussing that before, I mentioned
the fact that it might be handy. I know we've thought about it in
the past, to be able to have a fence maybe 20 or 30 feet off from
the house just to protect the shrubbery and lawn immediately
adjacent to the house. Or maybe still, 50 or 75 feet from the
property line where you wouldn't think anyone else, a neighbor or
anyone would be bothered by it. I don't know if a provision like
that could be made in the ordinance or not.
Hix: You mean a setback from the property line?
Dekker: Yes.
Gillette: I.'m just saying, when you ban something, and again I
talk to you about enforcement, there's a lot of barbed wire fence
in Estes Park, and I know a number of people who use electrical
fences to keep the wildlife out of their newly planted aspens,
etc., so I think for a wholesale ban on something -- I can't recall
since I've lived here of anyone being injured by an electric fence.
Now I know down in Berthoud some hunter was killed when a trencher
pulled up a three-phase wire, but that's different than an electric
fence. So I don't think you make an ordinance when there hasn't
been a problem.
Klaphake: What I'm hearing on the electric component, there might
be some value in terms of setback and then on the barbed thing
there might be some value to recognize the horse permit and those
things. I'm trying to find where the middle ground is.
Barker: That's all I'm trying to find. My suggestion is that we
need to talk about it a little more.
White: You also need to talk about the question of grandfathering.
The fences that are here, are they gonna be removed or whatever.
I think that's a very important part of the discussion. The board
needs to realize that.
Barker: It would be very difficult to make that retroactive.
White: That's a concern that the board needs to ...
Barker: I couldn't support that, if that's your question.
Mayor: There are some grandfathers here that would object to
taking down a fence.
Barker: I couldn't support removal of present fences.
Habecker: The reason that barbed wire and electric fences are used
is that they are cheap and they're effective. We should maybe look
at the cheap part of it. There are other ways that are effective.
We can pose different types of fencing requirements on people that
are going to end up costing a little more money. But maybe -- and
at the Cheley Camp, I can't see making him put a rail fence around
the whole property and all the rest of it. But in town, I do see
some horses that are kept on very small lots. Every bit of the
pasture that these animals reside on is nothing but trampled
ground, and it's trampled ground right up to the property line and
you can see it because it's nothing but a single strand of wire
keeping the animal in. It seems in that instance, maybe some sort
of a solid fence set back a certain distance from the property line
would be a neighborly thing to do. As far as the electric fences
to keep dogs in. There are other ways to keep dogs in that don't
require an electric fence. They cost more money but I don't know
that should be the consideration.
Hix: I think there is an ordinance that requires you to set your
fence for the horses back from the property line in the city
limits. So that's already there.
White: But there are some that are not.
Hix: If they are in the city limits?
White: There are some that are in properties that we are probably
going to annex like in Carriage Hills where that restriction isn't
there. This is where the grandfather comes in.
Hix: That's a different issue.
Mayor: It appears it is quite a ways from being to the point of
adoption. Let's see what we can work out and get some comments.
Klaphake: I hear some good input, but I hear some arguments as to
whether they think it is even necessary all together. We will
water it down as this input ...
Mayor: I think it would be important that some of those that have
those types of fences give us pro and con both. Maybe we will need
a public hearing that will last all afternoon, but...
Klaphake: And Please see me individually if you have any more
ideas.
Frank Hix: I have some property that abuts the town. It is on the
mountainside up here called Big Horn. My father did some strange
things with that property that were all related to keep trespassers
from getting into that property and otherwise making nuisances of
themselves and making the landowner subject to lawsuit. Well, one
of my neighbor's children came across the fence, climbed a tree,
fell out of the tree, and our insurance had to pay for the damages.
We were trying to send a signal that this property is dangerous.
And on that ridge up behind the old Stanley House there are some
mighty dangerous rocks up there. The fence that we have around
that -- and it is barbed wire -- is not to keep horses out or to
keep horses in, it is to send a signal that this is very dangerous
property. We have lots of signs and my father put up five cases of
no trespassing signs. The message is that there is more than
keeping animals in. There is a message to try to signal people
that there is some dangerous property.
3-6
Dick Carlton: I have owned a piece of property here for about 40
years. And I have barbed wire fences. And I'm gonna have barbed
wire fences. This deal of no barbed wires is great for the guy
down mainstreet but to keep the public from crossing onto my
property and telling me it isn't mine, it's God's -- I want barbed
wire to tear their britches up when I kick them out.
Mayor: I thought you had horses, Dick.
DC: The horses will stay in. I don't worry about the horses.
They'll come to feed. The thing is, they excite me when they say,
no barbed wire. Now that's getting kind of -- this country was
grazed on barbed wire. Bernie can remember when we put up fence
after fence of barbed wire. And I can't say this country isn't
changing, but I can't see where barbed wire is hurting anybody. If
they haven't got brains enough to get out of it, stay away from it,
let them tear their pants, I don't care. I'm still gonna keep my
barbed wire.
Ray Carlton: To Mr. Habecker, the reason a lot of fences are set
right on the property line, or in our case, a foot back, is to
establish our property line. There are many people that I have
discovered in this town who really enjoy using other folk's land
for their own recreation. You establish your property line through
your fencing and under State of Colorado law, that is a definite
given if you are trespassing. You don't need to put up a sign. If
they cross that fence, you can have Chief Racine or the Sheriff or
whoever is in your jurisdiction come in and arrest them. Most of
us ask them to leave. The setback was tried in other counties and
other cities and so far from what I've seen, it's been in
litigation for a considerable amount of time because it took up so
much land of the horse owners and whatever other livestock they
had, depending on whether they were in a city. It took up so much
time that it wasn't worth the town's considerations. Also, the
smooth wire issue, I just came from meeting with the state brand
inspector two weeks back. It is not considered consistent with
restraining your animals. If a horse goes through it, because it
is smooth, it does not offer a form of painful restraint, you are
liable for that horse getting struck by an automobile, and if it
kills or injures anyone in that vehicle, your own personal money
will be put up to pay for it. Certain types of gates and fences
used and the smooth wire issue was brought up and he said under
most conditions, lawyers can prove that will not restrain a horse.
As for the deer and elk getting hung in it, I'm not terribly old,
but I've only seen a couple get hung because of the barbs. Most of
the time they jam their legs through and do a flip and that's the
end of it. But I have seen them hung in other types of fencing.
It's a pro and con for you folks. You're the ones who have to
decide. I hope you don't make it so restrictive that it's
difficult to do anything around here. It is after all our
property.
Habecker: I have dealt with barbed wire fence and I have been
shocked many times by those electric fences. But I think we are
talking about the urban setting here.
Mayor: We have a lot of ideas here and I'm sure that the staff
will be looking for some more and asking for comments. Do you have
an administrative report.
Klaphake: No, I yield to this.
Mayor: Any comments from the board.
NONE
April 26, 1993
TOWN OF ESTES PARK
INVESTMENT POLICY
The Town Finance Officer/Treasurer shall be the designated
investment officer of the Town. The investment officer shall be
guided by State statutes and the "Prudent Investor" rule which
states:
"Investments shall be made with judgement and care --
under circumstances then prevailing -- which persons of
prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but
for investment, considering the probable safety of their
capital as well as the income to be derived."
(Gerald Miller, "Investing Public Funds")
The investment officer shall also comply with the following general
policies:
Safety of Funds: Investments shall be made in securities which
lessen the potential for capital losses arising from changes in
market value, credit risk of issuer, and/or default. Investments
shall be diversified among as many securities as is practical, but,
in any event, no more than 15% of the town's total investments
shall be committed to any one investment pool or institution,
unless approved by the Town Administrator. Certificates of
Deposits of $100,000 each shall be maintained in each of the local
banks and savings and loans, as long as the town has adequate
funds.
Liquidity of Funds: Investments, if possible, shall be made so
that maturity dates coincide with dates of disbursement needs.
Some funds may be invested on a daily basis as a contingency to
allow for uncertainties.
Yield: Investment quotations shall be solicited for different
securities and from different banks, savings and loans, and brokers
in order to determine which securities will provide the greatest
yield commensurate with acceptable risk. Consideration will also
be given to costs related to the transaction(s) in question.
Legality: Investments shall be made according to State statutes
and Town of Estes Park policies.
Reporting: The investment officer shall at all times keep the Town
Administrator fully informed of the town's investments through
written weekly reports to the Administrator. These reports shall
be signed by the investment officer and the Town 'Administrator.
All reports required by State statutes shall be filed in a complete
and timely manner.
TOWN oroSTESPARK
TOWN BOARD GOALS
POLICY AGENDA: 1993
KEY:
Progress report
April 2*, 1993
o % = No Activity
us% = Planning
sn% = Design/Begin Implementation
750 = Partial Completion
o% zs% so% 75% 100%
z' Maximize use of the 000fare000 Center.
^ Sign ordered.
^ Use nIao for off-season/local-non-profit
to Community Development March 4tb/
Action Plan under developmeot,
z' Complete Comprehensive Plan.
10. Overhaul Zoning Ordinance.
00 us& so% 75% z00% ^ Phase II underway.
o% 25% so% 75% 1000
u% 25% so% 75% 100%
o% 250 sn% 75% 1000
00 250 so% 750 zno%
o% us% so% 75% 100%
00 250 50% 75% 100%
o% us% so% 75% z00%
00 as% sn% 75% 100%
o% 250 500 75% lon%
3. Maintain financial position.
^ Investment Policy to Administrative
Committee, April 26th.
4. Plan/promote more Special Events
Annual Meeting held March 3rd
5. Encourage development of winter
activities.
8. Assist shoulder season development.
Economic Study Group completed; report
submitted to Community Development on
*' Update the capital Improvement Plan..
^ on bold until Fall zyez.
7. Update Stanley Park/Master Plan.
Title work proceeding.
e' Determine options for affordable housing.
^ Housing Authority petition submitted,
April 7tb,
. Public Hearing at Town Board, April 27th.
zz. Complete Windy Gap sale.
^ Debt service payments made April lot.
Town payments being received on schedule.
12. Develop Park In Ride System.
14' Maximize downtown parking.
^ Park 'n Ride contract to Community
Development, May 6th.
13' Encourage strong Cultural Arts program.
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
15. Complete centralized mail delivery.
• Preliminary Phase I locations
established.
• Neighborhood meetings planned for May.
16. Consolidation of EPURA with the Town.
• Plan due August 15, 1993.
17. Consolidation of the EVRPD with the Town.
• Plan due August 15, 1993.
18. Merging the Estes Park and Upper Thompson
Sanitation Districts.
• Plan due August 15, 1993.
COLORADO
INTERGOVERNMENTAL
RISK SHARING AGENCY
March 8, 1993
Mr. Monte Vavra
Town of Estes Park
Box 1200
Estes Park, CO 80157
Dear Monte:
On March 4, I visited the Town of Estes Park to conduct our annual audit of your loss control standards,
and to review your losses for 1992. I would like to thank you and Debbie for your time and assistance in
this matter.
i. ANNUAL LOSS REVIEW
In 1992, there were four claims reported that resulted in payment. The cost of these claims to date
is approximately $3500. Your claims frequency has significantly dropped over the past 3 year
period. It appears that these results are partially due to your ongoing loss control efforts. Keep
up the good work!
II. AUDIT OF CURRENT LOSS CONTROL STANDARDS
Based upon our review with you of those applicable standards, the audit score for your municipality
is as follows:
CIRSA/PC - .90
Your score(s) from last year are as follows: CIRSA/PC - 88. Attached is a copy of the audit
evaluation form which we completed together showing the points awarded for compliance with each
individual standard. A 'zero' indicates that the standard was not met, and needs to be addressed
in order for you to be in compliance. The following is a list of those areas that were not in
compliance with the standard:
I I. Incident Response Program
VI B. Chlorine Safety
VIII E. Seasonal Employee Training
X G. Electric Distribution Lines
If you are able to obtain records or procedures substantiating your municipalities compliance with
any of the above listed standards and send them to us within 30 days, we will adjust your score
accordingly. Please note that each item adjusted will add approximately 2.25 points to your score.
Our audit reports and evaluations are based upon observations or information available to us at the time
of our surveys. We cannot warrant safety, health or compliance with any laws, codes, standards, rules or
regulations and do not undertake to perform your duty or the duty of any person to provide for the health
or safety of your employees or the public.
6— 1
950 South Cherry Street, Suite 800, Denver, Colorado 80222 (303) 757-5475 (800) 228-7136 FAX (303) 757-8950
FEB FEB 51993
CIRSA
Colorado Intergovernmental Risk Sharing Agency
COVERAGES
innm ; one anuar , ;1, - tor rTi
Tim Greer."As demonstrated by
ig
993 three sificant the new package we were able to
anges went into effect secure in London, the unity and soli-
ertaming to Property/ darity of the CIRSA:. organization
asualty and Liability coverages, for gives us a great amount of bargain -
all CIRSA members.. ` ing power, even at the highest levels,
First; recent negotiations in: of the insurance industry."
London by CIRSA_.board, and., staff: Assistant Director Beck Fr.nka,
representatives resulted in a dra-adds, "Not- only do we. have higher
matic enhancement of coverage on limits,but there is also no poolwide
behalf of, member communities. aggregate. Each member now has and;
Through,. direct= negotiations with° - annual $5 million pool from which to
Lloyds of London, $5-million limits pay these types of claims. The added
for Errors & Omissions coverages benefit is that we were able to obtain
ands Police Professional coverages these,increased` limits at the, same
were placed. This enhanced cover-. price."as last year."
age was ate no increased cost tot n The. second significant change
CIRSA in coverage for 1993 is in the liability
is an exciting demonstrate limits related to' the Colorado Gov -
ton ofthe strength of poolingtand ernmental Immunity Act. Beginning
the leverage it gives to CIRSA mem- on' January 1, liability limits for. Col-
bers," said CIRSA-Executive Direc orado governmental entities was in -
Story continued on 3.
creased from $400,000 to $600 000 per
occurrence (the per.Yperson limit re-
mains -at- $150,000). In= response,
CIRSA has taken on the additional
risk by. raising its Liability SIR limit
to conform to the government limit
of $600000.. The. higher limit' will
result; in enhanced` rate stabilization
and reduced costs for excessinsur-
ance premiums for members.
The third change for 1993 per -
tams to amendments in ."'fined pay"
limits. Starting:January 1, "med:pay"
limits were;: reduced to $5,000 per
person and $50,000 per occurrence.
This reduction benefits members by
controlling medical payments which
are made on a "no-fault" basis and
often d fall within the member's de-
ductible level.
These changes in coverages for
1993 are; part of CIRSA's on going:
effort. to control costs while enhanc-
ing: benefits for members.
January 1993
rance,anu uic
PROTECT AGAINST LIABILITY
Don't Let Summer Give You
The Liability Blues
Summer weddings, art and craft
fairs, parades, and festivals are just a
few of the activities marking summer
fun. If these events are not sponsored
by your city or town but use munici-
pal facilities or property, you could
be courting a liability claim.
CIRSA members belonging to the
property/casualty pool have liability
coverage on existing property and
facilities and coverage for any munic-
ipal operation on those premises. For
instance, the coverage applies (sub-
ject, of course, to the applicable
terms, conditions and exclusions) if
your city or town is sponsoring a fes-
tival in one of your own parks.
The coverage similarly applies while
a private party or organization has
permission to use your streets, side-
walks, parks or buildings, but in this
case, you usually have little to no con-
trol over the event.
You can accept this risk, of course,
and even try to establish control by
imposing requirements and working
closely with the private user to make
sure those requirements are met.
While municipal involvement is help-
ful, there are no guarantees.
If something does go awry — and
summer activities draw large crowds
which pose the potential of claims —
you're exposed, if a liability claim is
filed. A claim in itself is expensive, but
it also can drive up the cost of your
overall coverage.
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To protect your city or town,
CIRSA suggests strongly that: private
parties or organizations not be granted
permission to use municipal facilities
or property unless they show accep-
table proof that they have obtained
their own liability insurance, have
named your municipality as an addi-
tional insured, and have agreed to
hold your municipality, its officers,
and its employees harmless from
liability.
a', i a claim is i ed, the
user's insurance — not the munici-
pality's — becomes the principal
source of coverage.
Because summer activities do draw
large crowds, they probably pose the
greatest risk of liability to a municipal-
ity. But regardless of the season, your
city or town should rigorously require
private users to obtain their own lia-
bility insurance policy, to name the
city or town as an additional insured
on the policy, and to use hold -harm-
less provisions to protect the munici-
pality.
Contact Underwriting Manager,
Beck Frnka, ext. 813, or Underwriting
Assistant, Sharon Smith, ext. 824, for
more information.