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Home My WebLink AboutPACKET Town Board 2024-09-24The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 24, 2024 7:00 p.m. ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/UOFH-5928 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available or use the link above to access audio or read the transcript. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m. the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Meeting and Study Session Minutes dated September 10, 2024. 3. Planning Commission minutes dated August 20, 2024 (acknowledgment only). Prepared 2024-09-13 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. ACTION ITEMS: 1. RESOLUTION 76-24 CONCERNING THE ESTES PARK HOUSING AUTHORITY AND ITS HOUSING REVENUE NOTES REGARDING THE FALL RIVER VILLAGE PROJECT. Town Attorney Kramer. Consider a moral obligation resolution for potential future appropriations to support a loan by the Estes Park Housing Authority to finance the purchase of the Fall River Village development. REQUEST TO ENTER EXECUTIVE SESSION: For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS. - Petitions for Initiated Ordinances Regarding the Estes Park Development Code. ADJOURN. Town of Estes Park, Larimer County, Colorado, September 10, 2024 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 10th day of September, 2024. Present: Gary Hall, Mayor Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Rachel Richards, Recording Secretary Absent: Marie Cenac, Mayor Pro Tem Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Igel/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Judi Smith/Town resident encouraged resident participation in Town Board meetings through written public comment and attendance. John Meissner/Town resident spoke regarding the recent suspect at large in the High Drive neighborhood and requested additional sources for updates during future incidents. He encouraged additional public outreach in response to the low attendance for the discussion on Project Scoping for Capacity Improvements on the Big Thompson River and Fall Rivers at the study session. TRUSTEE COMMENTS. Board comments were heard and have been summarized: a joint Study Session with the Board and County Commissioners was held to hear the 2025 Visit Estes Park (VEP) Operating Plan; concern was raised on the lack of a residency requirement for the VEP Executive Director; the need to closely review VEP’s Operating Plan to ensure accountability; the Sister Cities Association provided a letter in support of visas for the Monteverde, Costa Rica delegation to visit Estes Park in October; Boulder County does not intend to exclude Larimer County residents from future waste removal; and confirmation the Scotsfest parade cancellation was due to uncertainty of downtown construction completion date. Trustee Younglund reiterated her commitment to transparency regarding her history of owning motels, workforce housing and short-term rentals, stating her recusal from discussions on these topics was not necessary in response to public comment received since the previous Board meeting. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek presented the Policy Governance Monitoring Report which reported compliance with all sections of Policy 3.8. CONSENT AGENDA: 1.Bills - https://dms.estes.org/WebLink/browse.aspx?id=253208. 2.Town Board Meeting and Study Session Minutes dated August 27, 2024. DR A F T Board of Trustees – September 10, 2024 – Page 2 3.Transportation Advisory Board Minutes dated July 17, 2024 (acknowledgment only). 4.Resolution 74-24 Grant Agreement with Front Range Waste Diversion to Purchase Four (4) Water Refill Stations, Three (3) Recycling Stations and One (1) Storage Container. 5.Appointment of Carissa Streib to the Transportation Advisory Board for a term expiring March 31, 2027. 6.Appointment of Jeffrey Robbins to the Estes Park Planning Commission to complete the term of Matt Comstock expiring March 31, 2026. 7.Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Igel/Younglund) to approve the Consent Agenda with the removal of Consent Agenda Item #4, and it passed unanimously. Consent Agenda Item #4 Resolution 74-24 Grant Agreement with Front Range Waste Diversion to Purchase Four (4) Water Refill Stations, Three (3) Recycling Stations and One (1) Storage Container. Trustee Igel questioned whether there were any expenses related to the new equipment not included in the provided packet material. Director Hinkle stated that only disposal services for trash and recycling were anticipated. It was moved and seconded (Igel/Hazelton) to approve Consent Agenda Item #4, and it passed unanimously. ACTION ITEMS: 1.RESOLUTION 75-24 CONTRACT WITH RATP DEV USA, INC FOR 2024 OPERATION OF THE PEAK’S SILVER, GOLD, BROWN AND BLUE ROUTES. Manager Klein presented Resolution 75-24 to extend a contract with RATP Dev USA, Inc. to provide shuttle service operation of the Peak’s Silver, Gold, Brown and Blue shuttle routes. He clarified that while much of the service had already occurred, the formal contract was able to come before the Board following the approval of grant funding, Colorado Department of Transportation (CDOT) for Federal Transit Administration (FTA) 5311 Rural Area Formula Funds, approved through Resolution 51-24. He stated future contracts would be executed as a bundle with contingencies for grant funding. Mayor Hall requested public and Board comment and hearing none, it was moved and seconded (Igel/Hazelton) to approve Resolution 75-24 and it passed unanimously. 2.ORDINANCE 13-24 TO REFER CAMPAIGN FINANCE COMPLAINTS TO THE COLORADO SECRETARY OF STATE. Mayor Hall opened the public hearing. Town Attorney Kramer provided an overview of Ordinance 13-24 which would refer campaign finance complaints to the Colorado Secretary of State (SoS) rather than addressing them through an internal procedure. He stated recent legislation had affirmed the ability of statutory municipalities to refer complaints to the SoS. Trustee Brown questioned the frequency of campaign related complaints that are historically received. Town Clerk Williamson stated that formal complaints are generally not received, rather questions and clarifications regarding campaign finance processes. Mayor Hall closed the public hearing. It was moved and seconded (Younglund/Brown) to approve Ordinance 13-24 and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1.CARRIAGE HILLS/SPRUCE KNOB WATER PROJECT. Director Bergsten presented an overview of the Carriage Hills and Spruce Knob Water Project which would include replacing aged, shallow pipes prone to breakage, improving fire protection, increasing water conservation, and bringing the water systems into compliance with Town standards. While design work for the Carriage Hills portion of the project had been approved through Resolution 91-23, the addition of 12 properties serviced by the Spruce Knob water system aided in the award of an DR A F T Board of Trustees – September 10, 2024 – Page 3 additional $1,000,000 of grant funding by the Department of Local Affairs (DOLA). Project Manager Wesley provided an anticipated project timeline which indicated advertising for bids in late 2024, presenting bid award for Board consideration in early 2025, and beginning construction in Spring 2025. Board discussion ensued and has been summarized: how are residents in affected neighborhoods notified of project-related public outreach meetings; would the project add customers to Town water services; and concern for subsidization of projects outside of town limits. Project Manager Wesley stated that press releases, close cooperation with Homeowners Associations, and word of mouth encouraged meeting attendance. Spruce Knob residents would pay tap fees as they would be new water customers, and for their portion of the pipe installation. Whereupon Mayor Hall adjourned the meeting at 8:10 p.m. Gary Hall, Mayor Rachel Richards, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado September 10, 2024 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 10th day of September, 2024. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, and Town Clerk Williamson Absent: Mayor Pro Tem Cenac Mayor Hall called the meeting to order at 5:45 p.m. PROJECT SCOPING FOR CAPACITY IMPROVEMENTS ON THE BIG THOMPSON RIVER AND FALL RIVER. Engineer Waters provided a brief overview of the scoping project study conducted by GEI funded through the Flood Mitigation Assistance (FMA) program grant to secure a future Building Resilient Infrastructure and Communities (BRIC) grant program. The program aims to reduce or eliminate the risk of repetitive flood damage to buildings and structures insurable under the National Flood Insurance Program (NFIP). The study contemplates capacity improvements to include channel widening and/or deepening in the Big Thompson River and Fall River, as well as replacement of the Rockwell and Riverside bridges. The scoping study would provide the Town with a technical report and 30% design drawings to be submitted with an application for a construction grant with the Town Board’s direction. Michael Scurlock/GEI River Mechanics Engineer presented the Big Thompson River and Fall River Capacity Improvement Study that included the existing flooding conditions, project goals and objectives, preferred channel alternative, design opportunities, and constraints and considerations. The current W. Elkhorn, Moraine Avenue, Riverside Drive, and Rockwell Street Bridges incur flood recurrence between 15-to-25-year intervals. The project goals would include mitigating flood hazard risk by decreasing depth and frequency of flood events, reduce property damage, and improve public safety to address a 100-year flood. The project area impacts two flooding sources (Big Thompson and Fall Rivers), three road bridges, five pedestrian bridges and affects 70 property owners. The preferred alternative would increase bridge capacity through channel regrading which would drop the grade by approximately 10 feet and provide necessary clearance from Moraine to Hwy 36. The next phase of the project would address W. Elkhorn Avenue. The project has design opportunities such as trails and circulation with a bike path and walkway, river access and recreation through George Hix Plaza and confluence area with the loose of approximately 20 parking spaces, and increase ecological sustainability and function with aquatic and overbank habitat with natural materials. There would be a number of design considerations for the preservation of existing character and mature vegetation, sewer rerouting or upgrading, impacts of the construction and the duration of the project. The benefit cost analysis (BCA) indicates $30 million for the channel and bridge construction with a 25% match for BRIC grants. The environmental and historic preservation (EHP) component was submitted in July 2024 and remains under review. DR A F T Town Board Study Session – September 10, 2024 – Page 2 Board comments and questions have been summarized: questioned what flow calculations were used for the scoping project, raised concerns with the removal of parking spaces, should we sacrifice commerce for recreation, questioned the timeline for the project, questioned if the Ivy bridge and Loop construction has been factored into the design, questioned how natural the river channels are and how much the river channels have been altered, concerns were raised that flooding would continue to occur down Elkhorn Avenue, the bike path would be beneficial and would be a safer method for getting through downtown, raised concerns with the replacement of the Riverside bridge due to all outbound traffic now flows over the bridge, questioned if the project would impact the flood insurance for the properties in the area, the recreational activities would be nice but may not be beneficial, and a discussion at a future study session on the overall impacts of the project and next steps for additional projects would staff provide additional context for the current scoping. POLICE GOVERNANCE FINAL OVERVIEW. Town Administrator Machalek requested Board comments on the policy revisions before the policy comes forward to a future meeting for approval. Trustee Lancaster stated agenda 1.8.4 could be moved to section 2.3 rather than being removed. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Younglund requested a discussion on the hiring process to fill the Visit Estes Park Executive Director position. She commented on the effort to use historical photos to wrap items in such as trash cans and utility boxes and Yellowstone communities. She questioned the cost and the possibility of adding it to the budget for 2025. Town Administrator Machalek reminded the Board that any new initiatives would need to be discussed as amendments to the 2025 Strategic Plan. Trustee Lancaster stated the wraps could be completed through a sponsorship program. Town Administrator Machalek requested and it was approved to add Water 102 and Hosted Short Term Rentals to approved/unscheduled. COMMENTS & QUESTIONS. None. There being no further business, Mayor Hall adjourned the meeting at 6:54 p.m. Jackie Williamson, Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado, August 20, 2024 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes Park on August 20, 2024. Commission: Vice Chair Charles Cooper, Chris Pawson, David Arterburn, Dick Mulhern Attending: Commissioners Pawson, Arterburn, Mulhern, Planner Kara Washam, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Frank Lancaster Absent: Cooper Recording Secretary Swanlund called the meeting to order at 1:30 p.m. INTRODUCTIONS ELECTION OF CHAIR PRO TEM Due to the absence of Vice-Chair Cooper, it was moved and seconded (Mulhern/Pawson) to elect David Arterburn Chair Pro-Tem for this meeting only. The motion passed 3-0. AGENDA APPROVAL It was moved and seconded (Pawson/Mulhern) to approve the agenda. The motion passed 3-0. PUBLIC COMMENT: none CONSENT AGENDA APPROVAL It was moved and seconded (Mulhern/Pawson) to approve the consent agenda. The motion passed 3-0. ACTION ITEMS Conditional Use Permit for an Accessory Dwelling Unit 230 Cyteworth Road Nick Thomas, owner Planner Washam Planner Washam reviewed the staff report. The applicant proposes converting approximately 236 square feet of an existing basement into a small studio Accessory Dwelling Unit (ADU). The ADU will be sprinkled and insulated. The applicant will provide one (1) parking space for the ADU, as required by EPDC § 5.2.B.2.a.(7). The applicant wishes to use the ADU for long-term workforce housing or personal use. The ADU shall not be used as a short-term rental unit, as prohibited by EPDC § 5.2.B.2.a.(3). Staff recommended approval of the 230 Cyteworth Road Conditional Use Permit (CUP). DISCUSSION: There is no minimum size for an ADU; it is either 800 square feet or up to 49% of the primary residence. This ADU is set up as a studio with no bedroom. The applicant, Nick Thomas, stated that the ADU's size is due to constraints with existing parameters, as the house abuts the mountainside. The original basement wasn't useable, so excavation was done to gain more space. PUBLIC COMMENT: none It was moved and seconded (Mulhern/Pawson) to approve the Conditional Use Permit, according to findings recommended by Staff. The motion passed 3-0. Planning Commission – August 20, 2024 – Page 2 REPORTS: Interviews of two candidates to fill the open Commissioner position will be held the week of August 26. The September 17 meeting will include the Planned Unit Development Code Amendment discussed at the July Study Session. There being no further business, Chair Pro-Tem Arterburn adjourned the meeting at 1:47 p.m. _______________________________ Chair Pro-Tem David Arterburn Karin Swanlund, Recording Secretary TOWN ATTORNEY’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Dan Kramer, Town Attorney Date: September 24, 2024 RE: Resolution 76-24 Concerning the Estes Park Housing Authority And Its Housing Revenue Notes Regarding the Fall River Village Project. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Facilitate the purchase of the Fall River Village development by the Estes Park Housing Authority. Present Situation: The Housing Authority is under contract to purchase the Fall River Village development, consisting of 90 units located at 200 Filbey Court, with the closing scheduled for September 27. The Housing Authority is taking out a loan of up to $40 million to finance the purchase, and intends to rely primarily on rent revenues, as well as vacation home workforce housing regulatory linkage fee funds, and potentially 6E lodging tax extension funds, to pay the debt service. The Town Board previously approved Resolution 67-24, committing certain linkage fee funds to the acquisition and financing of the project. The Housing Authority has taken the lead on the project and, with its attorneys and financial advisors, has designed a financing structure which includes the creation of a single- purpose limited liability company to act as the formal borrower. Housing Authority staff are the best resource to further describe the purchase and financing, and will be present at this Town Board meeting to explain the structure and answer questions. As part of the financing deal, the lender has requested the Town approve what is known as a moral obligation resolution. Drafted by consensus between the lender and the bond counsel for the Housing Authority, with input from myself and the Town’s bond counsel, the resolution prepared for your review reflects a standard method of memorializing a commitment to ensure debt is paid off, without actually undertaking a legal obligation to pay funds in future years. This moral obligation backed by the Town is part of the inducement to the lender to provide the financing, and the lender’s request for the resolution makes sense given the Housing Authority’s reliance on funds flowing from the Town to finance the purchase. Under the resolution, should the Housing Authority flag in making debt payments such that the loan’s debt service reserve fund drops below a certain level, the Town would be expected, but not required, to make up the deficit. The resolution would direct the Town Administrator to prepare an appropriation for the Town Board’s review to remedy the deficiency. The Board, however, may still decide not to approve the appropriation. The risk to the Town is to its credit rating. If the Town declines to make a properly requested appropriation in the future, it would be viewed negatively by the financial markets, lead to a downgrade of the Town’s issuer credit rating, and impact the Town’s ability to borrow in the future. Proposal: Approve a moral obligation resolution to provide a form of guarantee that the Housing Authority will pay its forthcoming debt, facilitating the purchase of Fall River Village for housing purposes. Advantages: Facilitate the purchase of Fall River Village. Disadvantages: In the event the Housing Authority is unable to keep up with its loan payment obligations (even with expected financial support from the Town), the Town will be in the position of either making up the financial deficit or taking an impact to its credit rating. Action Recommended: Approve Resolution 76-24. Finance/Resource Impact: No direct impact. Projected costs of the Fall River Village acquisition to the Town, particularly to its housing-related funds, are best addressed by the Housing Authority. Level of Public Interest No known interest in the moral obligation resolution; high interest in the Fall River Village acquisition. Sample Motion: I move for the approval/denial of Resolution 76-24. Attachments: 1. Resolution 76-24. RESOLUTION 76-24 A RESOLUTION CONCERNING THE ESTES PARK HOUSING AUTHORITY AND ITS HOUSING REVENUE NOTES (FALL RIVER VILLAGE PROJECT) SERIES 2024 A-1 AND A-2 AND SERIES 2024B; AUTHORIZING AND DIRECTING ACTIONS BY THE TOWN ADMINISTRATOR WITH RESPECT TO THE PREPARATION OF REQUESTS TO THE BOARD OF TRUSTEES FOR APPROPRIATION OF MONEYS TO FUND ANY DEFICIENCIES IN THE DEBT SERVICE RESERVE FUND PLEDGED TO THE PAYMENT OF SUCH NOTES; AND AUTHORIZING OTHER ACTIONS TAKEN BY THE TOWN IN CONNECTION THEREWITH WHEREAS, the Board of Trustees (the “Board”) of the Town of Estes Park, Colorado (the “Town”), by Resolution No. 15-93, adopted April 27, 1993, created the Estes Park Housing Authority (the “Authority”); and WHEREAS, the Authority intends to issue, pursuant to that certain Loan Agreement (the “Loan Agreement”) among the Authority, NBH Bank, as lender (the “Lender”) and Fall River Village Estes LLC, a Colorado limited liability company (the “Borrower”), its Housing Revenue Note (Fall River Village Project) Series 2024A-1, its Housing Revenue Note (Fall River Village Project) Series 2024A-2 and its Housing Revenue Note (Fall River Village Project) Series 2024B (Federally Taxable) in the aggregate principal amount of not to exceed $40,000,000 (collectively, the “Governmental Notes”) to the Lender and loan the proceeds of such Governmental Notes to the Borrower to assist in financing the costs of the acquisition of a residential complex located at 200 Filbey Court in Estes Park, Colorado consisting of 90 units and known as the Fall River Village Project (the “Project”); and WHEREAS, all capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Loan Agreement; and WHEREAS, the Loan Agreement contemplates that if, within forty-five (45) days following the date on which the Town receives notice of a draw on the Debt Service Reserve Fund, the amount on deposit in the Debt Service Reserve Fund is less than the Debt Service Reserve Requirement, the Town Administrator shall notify the Board of any such insufficiency in the Debt Service Reserve Fund and request an appropriation in an amount sufficient to make up any such insufficiency; and WHEREAS, the Board wishes to make a non-binding statement of its present intent to appropriate funds in an amount sufficient to make deposits to the Debt Service Reserve Fund in an amount equal to any such deficiency in the Debt Service Reserve Fund and to authorize and direct the Town Administrator to take certain actions for the purpose of causing requests for such appropriations to be presented to the Board for consideration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: ATTACHMENT 1 Section 1. Appropriations to the Loan Payment Fund. In each year the Governmental Notes are outstanding, and as provided in the Loan Agreement, if, within forty-five (45) days following the date on which the Town receives notice from the Lender of a draw on the Debt Service Reserve Fund, the amount on deposit in the Debt Service Reserve Fund is less than the Debt Service Reserve Requirement, the Town Administrator shall prepare and submit to the Board a request for an appropriation of an amount equal to any such insufficiency, to be deposited in the Debt Service Reserve Fund. It is the present intention and expectation of the Board to appropriate such funds as requested, within the limits of available funds and revenues, but this declaration of intent shall not be binding upon the Board or any future Board in any future fiscal year. The Board may determine in its sole discretion, but shall never be required, to make the appropriations so requested. All sums appropriated by the Board for such purpose shall be deposited by or on behalf of the Borrower into the Debt Service Reserve Fund. Nothing provided in this Section 1 shall create or constitute a debt, liability or multiple fiscal year financial obligation of the Town within the meaning of any provision of the Colorado Constitution or the statutes governing the Town. Section 2. Repayment of Amounts Appropriated. In the event that the Board appropriates funds as contemplated by Section 1 hereof, any amounts actually advanced shall be treated as a loan from the Town to the Borrower and shall be repaid by the Borrower from and to the extent of Pledged Revenues available therefor in accordance with the Loan Agreement. Section 3. Limitation to Notes. Unless otherwise expressly provided by a subsequent resolution of the Board, the provisions of this Resolution shall apply only to the funding of the Debt Service Reserve Fund originally established in connection with the Governmental Notes and shall not apply to any other obligations. Section 4. General Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 5. Ratification of Prior Actions. All actions heretofore taken by the Board directed toward the acquisition of the Project by the Borrower are hereby ratified, approved, and confirmed. Section 6. Effectiveness. This Resolution shall take effect immediately upon its passage. DATED this_ day of September, 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Bond Counsel STATE OF COLORADO ) ) SS. TOWN OF ESTES PARK ) I, Jackie Williamson, the Town Clerk of the Town of Estes Park, Colorado, do hereby certify that: 1.The foregoing pages are a true and correct copy of a resolution (the “Resolution”) passed and adopted by the Board of Trustees (the “Board”) at a regular meeting held on September ___, 2024. 2.The Resolution was duly moved and seconded and the Resolution was adopted at the meeting of September ___, 2024, by an affirmative vote of a majority of the members of the Board as follows: Board of Trustees Voting “Yes” Voting “No” Absent Abstaining Gary Hall, Mayor Marie Cenac, Mayor Pro-Tem Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Cindy Younglund 3.The members of the Board were present at such meetings and voted on the passage of such Resolution as set forth above. 4.The Resolution was approved and authenticated by the signature of the Mayor of the Town, attested by the Town Clerk and recorded in the minutes of the Board. 5.There are no bylaws, rules or regulations of the Board which might prohibit the adoption of said Resolution. 6.Notice of the meeting of September ___, 2024, in the form attached hereto as Exhibit A, was posted on the Town’s website, not less than twenty-four (24) hours prior to the meeting in accordance with law. WITNESS my hand and the seal of the Town affixed September ___, 2024. ______________________________ Town Clerk (SEAL) Exhibit A (Form of Notice of Meeting) Estes Park Housing Authority - Opportunity to Purchase Fall River Village Housing for the Estes Valley September 24, 2024 Where are we now? ●6 Days from Closing! ○Finalizing all legal documents ○Finalizing Loan details We have a leaseback to the seller for 48 days in order to not disrupt previously scheduled weddings. EPHA will take full control over operations approx Nov. 18th. EPHA is hopeful initial lease-up of workforce rentals by Dec. 1st. 1 2 PRESENTED AT MEETING Financial Gap Estimates @ 1.12x DSCR ●July 9th: ○Scenario 1: $2,250,000 ○Scenario 2: $3,375,000 ●August 13th: $3,175,000 ●Today: $2,425,000 How did this reduce? ●We began with a lot of unknowns so we had a range of scenarios ●Main levers to reduce financial gap ○Prop 123 funds increased from $5M to $7M ○Confirmed tax exempt interest rate ■High 4% rate rather than high 6% rates ○Avoided Expensive Mezzanine Debt ■The lower the lender is on the lien priority, the more expensive the $ How has the Financial Gap progressed? 1) Net Operating Income a) Rental Revenues - Operating Expenses 1) Workforce Housing Regulatory Linkage Fee 1) 6-E Funds How is the project paying the Debt? 3 4 How is the project paying the Debt? Examples Year 1 Example Estimated Debt Payment: $1,550,000 - Estimated NOI: $750,000 = $800,000 gap - Linkage Fee Contribution $750,000 = $50,000 Gap to be funded with 6-E Funds Year 2 Example: Estimated Debt Payment: $1,550,000 - Estimated NOI: $1,100,000 = $450,000 gap Linkage Fee Payment = $450,000 *Please note that these are still estimates. We do not have our rate locked yet. Year 1 has greater volatility potential than Year 2 onwards due to lease up* Minimal Anticipated payment gap at 1.0x DSCR: $1,800,000. Loan to Value at Closing = 108% Local Fund Commitment Summary ■Linkage Fee Total = $3,575,000 ■6E = $2,758,864 Total = $6,333,864 Buffer: $4,533,864 What is the Risk to the Town? 5 6 Discussion and Questions 7 PUBLIC COMMENT ON EXECUTIVE SESSION RECEIVED 9/24/2024 Board of Trustees Public Comment Name: Kristine L. Poppitz Stance on Item: For Agenda Item Title: General Public Comment. Public Comment: Dear Mayor and Trustees: I hope that you are all better than well. As the item below is on your Agenda for this evening's Town Board meeting as an Executive Session, I would like to go on record as stating that I believe information regarding "Petitions for Initiated Ordinances" should be shared with the Public. I understand that "...an attorney..." is involved, thus the Executive Session; however, I request that the Public, who initiate Petitions, be informed. I thank you for reading this. Kristine L. Poppitz Estes Park Full- Time Resident REQUEST TO ENTER EXECUTIVE SESSION: For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS. - Petitions for Initiated Ordinances Regarding the Estes Park Development Code. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Town Clerk <townclerk@estes.org> recycling in Estes Park - letter to BOT K Spring <coloradocathy@yahoo.com>Tue, Sep 24, 2024 at 12:52 PM To: "townclerk@estes.org" <townclerk@estes.org> to estes park town clerk, can you please put this in the next BOT packet for the next regularly scheduled meeting. I guess as part of Audience Comments(?). thanks =============== To Town of Estes Park Board of Trustees, I saw on Facebook a notice by the Estes Recycling group, as follows: Estes Recycles is helping to recycle cans and plastic bottles at Autumn Gold Fest. Thanks everyone for recycling. 4000 can will be recycled instead of going in the trash! ------------ It was a shock to me that, in this day and age, the Town of Estes Park does not have in their agreement or contract for public events, that the organization (including the Town of Estes events) should provide recycle bins -- including how many to provide, according to how many are expected to attend; and that they will provide proof of taking it to an official recycling facility in a timely manner. Can you please look into this matter. I understand that Estes Recycling is preparing a report on this, which will give you more data to proceed with making this happen in Estes Park. thanks, Kathleen Spring, 9/24/24 132 Choctaw Rd. Pinewood Springs, CO GENERAL PUBLIC COMMENT RECEIVED 2024-09-24 ABOUND" ORDINANCE A REQUEST TO THE ESTES PARK TOWN BOARD TO REVIEW AND REVISE THE ESTES PARK NOISE ORDINANCE ESTES PARK OBJECTIVE It is our hope that the Town Board will review its current noise ordinance (see Appendix 1: Title 8 - Health, Sanitation and Nuisances, Chapter 8.06) and make needed changes to bring it up to date with best practice standards (see Appendix 2). The Estes Park municipal code was changed in 2019 to remove objective decibel levels and was replaced with the subjective wording that noise should not be "unreasonable." The changes to the code make the ordinance meaningless and effectively unenforceable. A Request to the Estes Park Town Board to Review and Revise the Estes Park Noise Ordinance Estes Park CITIZENS CONCERNED ABOUT NOISE POLLUTION The Estes Park Citizens Concerned About Noise Pollution is a voluntary association of residents, homeowners, and business owners in Estes Park concerned about the effects of noise pollution on the residents, the wildlife, and the community. PUBLIC COMMENT RECEIVED AT MEETING EXECUTIVE SUMMARY • The Estes Park Citizens Concerned About Noise Pollution—a voluntary group of Estes Park residents, homeowners, and business owners—is concerned about problems of noise pollution in Estes Park. • The Colorado Revised Statutes Title 25 Noise Ordinance and the Larimer County Code Chapter 30 Article 5 have clearly established maximum permissible noise levels and penalties for violating the ordinances. • Estes Park did away with enforceable noise ordinance in 2018, replacing an objective noise ordinance with a subjective one. The current ordinance prohibits "unreasonable" noise. Subjective noise ordinances have been found to violate the First and Fourth Amendments to the U.S. Constitution and do not provide the necessary evidence generated by sound level meters to withstand a challenge in a court of law. • It is the hope of the Estes Park Citizens Concerned About Noise Pollution that the Town Trustees will revisit the noise ordinance issue and adopt one with best practice guidelines on maximum permissible noise levels. 1 I Page WHEN SOUND BECOMES NOISE One of the primary obligations of a community's governing body is to protect its citizens from adverse environmental influences. Noise is one of these. We are bombarded by sounds produced by human activities: manufacturing facilities, construction sites, the air conditioning and ventilation systems on commercial buildings, all of our various modes of transportation—cars, trucks, busses, motorcycles, trains, and planes—the machines we use to service our lawns, the roar of a crowd gathered for an event, the aggravating bark of a neighbor's dog1, and the amplification systems we use to entertain ourselves. This cacophony of sound is noise pollution which can be defined as a level, intensity, or duration of unwanted sound which can cause adverse effects on both physical and mental health, including cardiovascular disease, cognitive impairment, adverse effects on task performance, hearing impairment, tinnitus, headaches, fatigue, sleep disturbance and insomnia, irritability, ulcers, colitis, in addition to endocrine and biochemical disorders (Pathak et al; Ohrstrom; Guis; Chang et al.; Stansfeld et al.; Babisch; Babisch et al.; Davies and Kamp) While increased human activity produces an increase in noise pollution, the problem of noise and the efforts of community governing bodies to regulate noise is not new. In ancient Rome, there were laws to restrict the clatter of ironed wheeled wagons on brick and cobblestone streets so people could sleep at night. And many cities in Medieval Europe restricted the hours when horse drawn carriages and horseback riding were allowed to insure nighttime tranquility. With the onset of the Industrial Revolution in the 18th century, noise pollution increased as machinery and the establishment of factories became commonplace. Contemporary noise problems are far more ubiquitous and much louder due to all of the engines and amplification equipment we encounter daily. Noise pollution is such a serious issue that it is regulated by the Environmental Protection Agency under the Federal Clean Air Act of 1963 and the Noise Control Act of 1972 (42 U.S.C. §§ 7401 et seq.; Subchapter IV - Noise Pollution §7641) as well as by OSHA in the workplace. People should have the right to the peace and enjoyment of their own homes. Noise pollution is not only a quality-of-life issue, but it is also a form of assault. People who create or allow noise to intrude on a neighbor are indifferent to the rights of others. Just as one neighbor is not allowed to dump their garbage on another's property, neighbors - whether residential, industrial, or commercial - should not be allowed to have their noise trespass on their neighbors' right to peace and quiet. WILDLIFE AND ANTHROPOGENIC NOISE In Estes Park, not only are people affected by various types and levels of noise pollution generated by human activities, but so too is the wildlife that lives in our community. Research has shown that anthropogenic noise is detrimental to wildlife and natural ecosystems (Shannon, McKenna, et al). While it is difficult to quantify the effects of anthropomorphic noise on wildlife, noise can cause biological responses in animals (McLaughlin & Kunc) including habitat alterations and their ability to interpret and 1 While it is a dog that is doing the barking, it is the human activity of the neighbor owning the dog that creates the circumstances of the noise. 2 I Page respond to their environment. As residents of Estes Park—the gateway to Rocky Mountain National Park—we are the de facto stewards of this amazing environment, and we owe it to our wildlife neighbors to be conscious of our environmental footprint and to tread carefully on their habitat. It is often said that when it comes to the wildlife in our community, "it's their town, we're just living in it." With the wildlife in mind, any noise ordinance should be mindful of the impact of human made sound on their health and habitat. WHAT IS SOUND? Sound is understood to be an oscillation or fluctuation in the pressure of the air. The definition of sound may include any characteristics such as duration, intensity, level, pressure, and frequency. The difference between sound and noise, as stated above, is that noise is unwanted sound which can cause adverse effects on both physical and mental health. We perceive many sounds as loud or louder than others, but loudness isa subjective measure. In general, the greater the amplitude of the pressure fluctuation in the air, the "louder" the sound is perceived. MEASURING SOUND Just as inches, feet, or yards are used to measure the length of a board, or ounces, cups, pints, or quarts are used to measure liquids, sound is measured using the decibel, or dB to determine its intensity in terms of frequency and amplitude. The word decibel comes from the Latin word decimus for tenth, and bel, in honor of Alexander Graham Bell, the scientist who invented and patented the first telephone. Bell was also a deaf educator who had a special interest in the problems of the hearing impaired. The dB unit is calculated by a logarithmic ratio that measures a standardized unit of pressure relative to a reference source. The difference in decibels between two (2) sound pressure levels is twenty (20) times the common logarithm of their ratio. In sound pressure measurements, sound levels are defined as twenty (20) times the common logarithm of the ratio of that sound pressure level to a reference level of 2 X 10-5 N/m2 (Newton's/meter squared). As an example of the effect of the formula, a three-decibel change is a one-hundred-percent increase or decrease in the sound level, and a ten-decibel change is a one thousand-percent increase or decrease in the sound level. There are three different sound measurement "filters" for sound, depending upon which part of the sound spectrum is being measured: medium or normal sounds, high pitched sounds, and low frequency or bass sounds. The decibel "A" filter is used for medium or normal frequencies or sounds within the principal range of the human ear. This is the most frequently used filter when measuring or talking about noise because it covers so much of the sound range audible to human ear. Measurements made with this scale are expressed as dB(A). 3 I Page The decibel C filter is suitable for measurements at very high and very low sound pressure levels, such as bass. Measurements made with these scales are expressed as dB(B) or dB(C). The decibel "B" filter, which falls between the A and C filters, is not often used for the enforcement of sound ordinances. A Sound Level Meter (SLM) is the instrument that includes a microphone, amplifier, attenuator, output meter, and frequency weighting networks which is used to measure sound pressure. Whereas parameters of loudness are subjective and vary from one person to the next, sound pressure levels are objective, and are derived from the quantitative measurement of the amplitude of pressure fluctuations, which depends solely on physical parameters. The objective measurements of sound captured with a SLM which meets the American National Standards Institute (ANSI/ASA 51.13-2020) are not subject to interpretation or opinion as is the subjective characterization ofloudness. How LOUD Is Too LOUD? A whisper is about 30 dB; normal conversation is about 60 dB; a lawnmower is about 90 dB, a motorcycle engine is about 95 dB; a police car siren is about 110 dB;a rock concert can easily exceed 120 dB, and a gunshot can register at 140 dB. The EPA has identified 45 dB as the level of background noise that begins to interfere with normal speech. Noise above 70 dB over a prolonged period may start to damage your hearing. Even a one-time exposure to sounds that are higher than 120 dBA can cause instant damage to your ears. The World Health Organization (WHO) defines sound above 65 dB as noise pollution. Noise becomes harmful when it exceeds 75 dB and is painful above 120 dB. The WHO recommends that noise levels be kept below 65 dB during the day and indicates that restful sleep is impossible with nighttime ambient noise levels in excess of 30 dB (Berglund and Lindvall; Bergland, Lindvall, and Schwela; Gottlob). THE COLORADO NOISE STATUTE According to the Colorado Revised Statutes Title 25. Health § 25-12-103, noise should not be "objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance oftwenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance." The following are common best practice noise level standards: ZONE Residential Commercial Light Industrial Industrial Mixed use, public 7:OOA.M.to7:OOP.M. 55 dB(A) 60dB(A) 70dB(A) 80dB(A) 75 d8(A) 7:OOP.M.to7:OOA.M. 50dB(A) 55 dB(A) 65 dB(A) 75dB(A) 70dB(A) The Colorado Noise Statute makes allowance for limited exceptions, such as a 15-minute period of noise that exceeds by 10 d8(A) between 7:00 A.M. and 7:00 P.M. in any one-hour period. The law also states 4 I Pa ge that periodic, impulsive, or shrill noises shall be considered a public nuisance when they are five dB(A)below the stated limits. Other exceptions are made for certain construction projects which are treated as industrial zone noise, aircrafts (which are subject to federal noise controls), and railroads right-ofways. A "SOUND" NOISE AND BASS ORDINANCE Noise ordinances are laws that restrict both the level of noise that can be made in a community and the times of day which certain levels of noise are permitted and restricted. The purpose of a noise ordinance is to establish measurable limits for residential, commercial, and industrial districts to mitigate both the amount and duration of noise so that people can live and work without the nuisance of disturbing levels of noise that interfere with the enjoyment of life, quiet, comfort. An effective noise ordinance is clear, targeted, and enforceable, and should be understandable to the average person. At the same time, a noise ordinance must not be so vague, indefinite, or uncertain that it violates the First and Fourteenth Amendments to the U.S. Constitution. Whenever limits are placed on noise, the right to free speech is implicated, and since speech creates sound, if it is loud enough, it could be considered noise. Because the First Amendment is a fundamental right which is not subject to impairment by state action, a municipal ordinance constitutes state action and is addressed by the prohibition of Section 1 of the Fourteenth Amendment of the U.S. Constitution. The U.S. Supreme Court has recognized, however, that governing bodies have "a substantial interest in protecting its citizens from unwelcome noise."2 While we have the freedom to free speech and to do as we want on our land, the court has found that there are limits to those rights when it comes to infringing on the rights of others. It is here that the old legal maxim s/'c utere tuo ut alienum non laedes, which translates as use of your property so as not to damage another's, provides direction. Running afoul of the First Amendment can be avoided by writing an ordinance narrowly to regulate the hours and location of the noise restriction, by proscribing specific, quantitative levels of sound in decibel units that are related to the noise problem sought to be regulated, and by making clear that the intentof the ordinance is to be content-neutral a'\fX}ed at protecting the well-being of the citizens and preserving the habitat of the wildlife, and not to restrict the message of the sound. In addition to measuring the loudness of sound, noise ordinances can also limit bass frequency which people can experience or feel even when they cannot hear noise. Typically, most ordinances permit higher levels of noise and bass during daytime hours beginning at 7 or 8 A.M. and set an upper limit between 9 or 10 P.M. and the beginning of the next day. 2 See Ward v. Rock Against Racism, 491 U.S. 781, 796 (1989) (quoting City Council of Los Angeles v. Taxpayers. for Vincent, 466 U.S. 789, 806 (1984)); see also Dupres v. City of Newport, 978 F. Supp. 429,435 (D.R.1.1997); Jason A. Lief, Note, Insuring Domestic Tranquility Through Quieter Products: A Proposed Product-Nuisance Tort, 16 CARDOZO L. REV. 595, 606 (1994). In Ward, the court also found that the government could act to protect not just the "well-being, tranquility, and privacy of the home, but it is by no means limited by the context, for the government may act to protect even such traditional public forums as city streets and parks from excessive noise" Ward 491 U.S. 791 (1989). 5 I Page ENFORCING SOUND ORDINANCES A well-crafted noise ordinance needs to be enforceable which means the ordinances should quantitatively specify the level of sound that is permitted and the hours of the day that certain levels of sound are not permitted. Because the A-weighted sound pressure level underestimates the impact of the low-frequency components of noise (Goldstein), a good noise ordinance should clearly state the permissible limits of the dB(C) scale and the restricted hours. Currently the Estes Park municipal code regarding noise is subjective, qualitative, and vague. Enforcement of the code could be challenged in court on grounds that it violates the First and Fourteenth Amendments. The present code allows a police officer to subjectively determine if a noise is unreasonable. Additionally, the Estes Park noise ordinance does not address the problem ofdB(C). One of the reasons communities post speed limit signs is so both motorists and police know what the exact speed is on a road. The police are provided with sophisticated radio detecting and ranging equipment (radar guns) to measure speed so when a citation is issued to a motorist for speeding, there is quantifiable evidence that the motorist exceeded the posted speed limit. This is to ensure evidence in order that the citation will hold up in traffic court. Currently the Estes Park code on noise is completely silent on bass. It lacks quantifiable measurements, and the Estes Park Police Department lacks the necessary modern noise and bass measuring equipment. The Estes Park municipal code needs to be reviewed by the Town Trustees and updated to reflect best practices for limiting noise and bass. The current Estes Park code is also silent on enforcement, penalties, fines, and fees for violations of the ordinance. CURRENT NOISE ORDINANCE IN OTHER COLORADO COMMUNITIES In Larimer County, noise restrictions in residential areas are limited to 55 dB(A) between 7:00 A.M. to 7:00 P.M., and 50 dB(A) between 7:00 P.M. and 7:00 A.M. The penalty for the first violation is $30; $60 for the second violation within 30 days of the first; and $300.00 for each successive violation within 30 days of the prior violation. In addition, there is a surcharge of $10 paid to the Clerk of Court. In Fort Collins, the fine for "unreasonable noise" is $1,000 and for "disturbing the peace" the fine is $200. In Denver, Mechanical sound and amplified sound (live entertainment and in-house audio systems) are regulated to 55 decibels dB(A) between the hours of7A.M. and 10 P.M., and 50 dB(A) after 10 P.M. until 7 A.M. at residential properties. Events that are open to the general public, have a permit for street closure or occupancy,and have a license to serve food, beverage, or liquor may be eligible for an exempted event status. Noise from exempted events is limited to 80 dB(A) from 8 A.M. to 10 P.M., 50 dB(A) from 10 P.M. to 7 A.M., and 55 dB(A) from 7 A.M. to 8 A.M. with sound being measured from the closest residential property. 6 I Page In Durango, noise restrictions in residential areas are limited to 55 dB(A) between 7:00 A.M. to 7:00 P.M., and 50 dB(A) between 7:00 P.M. and 7:00 A.M. In Pagosa Springs, noise restrictions in residential areas are limited to 55 dB(A) between 7:00 A.M. to 7:00 P.M., and 50 dB(A) between 7:00 P.M. and 7:00 A.M. In Ouray, noise restrictions in residential areas are limited to 76 dB(A) between 7:00 A.M. to 8:00 P.M., 64 dB(A) between 8:00 P.M. to 7:00 A.M and 70 dB(A) 8:00 PM to 11PM Friday/Saturday. In Colorado Springs, noise restrictions in residential areas are limited to 55 dB(A) between 7:00 A.M. to 7:00 P.M., and 50 dB(A) between 7:00 P.M. and 7:00 A.M. In Pueblo County, noise restrictions in residential areas are limited to 55 dB(A) between 7:00 A.M. to 7:OOP.M.,and50dB(A) between 7:00 P.M. and 7:00 A.M. Individuals convicted of violating the law shall be punished by a fine of not more than $300 or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment for each separate offense. In Aspen, the noise restrictions in residential areas are limited to 55 dB(A) between 7:00 A.M. to 11:00 P.M., and 50 dB(A) between 11:00 P.M. and 7:00 A.M., however amplified noise is restricted after 9:00 P.M. An Enforcement Officers may issue a warning notice or summons and complaint and upon conviction, and any person in violation of the noise ordinance may be punished by a fine, imprisonment or both. Noise Complaints in Estes Park In 2018, the Estes Park Town Board voted to eliminate a decibel ceiling—the best practice standard for noise ordinances and their enforcement—from the Estes Park Municipal Code. According to an article by Avery Martinez published in the November 19, 2019, Estes Park Trail Gazette, there were 116 noise complaints made to the Estes Park Police Department between January and the morning of Nov. 14, 2019. After requesting an update of call/complaints for the years 2020 and 2021; we were given an incomplete report of 127 calls from Aug.29, 2020 to Dec.20, 2021 after further inquiry it was determined there were eight duplicate calls which were attached to one of the other calls for a total of 135. Further investigation may reveal a greater number. PROBLEMS WITH THE CURRENT ESTES PARK NOISE ORDINANCE As stated above, the Estes Park municipal noise ordinance is subjective and constitutionally vague. The wording of 8.06.020(a) regarding prohibited noise states that: "No person shall make, continue or cause to be made or continued any unreasonable noise." The problem with this is that the term unreasonable is subjective. In Title 10 of the Estes Park municipal code address vehicles and traffic matters, and speed regulations addressed in Chapter 10.04.060. Estes Park does not post speed limit signs that read "do not travel at an unreasonable speed. "The town sets quantifiable speed limits which can be objectively measured by instrumentation. The code reads, "Except where a special hazard exists that requires a lower speed, or speed limit signs are present to establish a different maximum lawful travel speed, no person shall drive a vehicle in excess oftwenty-five miles per hour (25 mph) on any public street in Estes Park." The 7 I Page ordinance also addresses penalties, "Every person convicted of a violation of any provisions stated or adopted in the Model Traffic Code shall be punished as set forth in Section 1.20.20" which states, "(a)Any person who shall be convicted of a violation of this Code shall be fined an amount not to exceed two thousand six hundred fifty dollars ($2,650.00). Where any violation is a continuing offense, each day that the violation continues shall be considered and held to be a separate and distinct offense. The amount of the fine of two thousand six hundred fifty dollars ($2,650.00) shall be adjusted for inflation on January 1 of each calendar year in accordance with the procedure set forth in Section 13-10-113(l)(b), C.R.S. (b)The Town Board, by ordinance, may establish costs, including surcharges, to be assessed by the Municipal Judge for specified violations of the Municipal Code." The current Estes Park noise ordinance allows a police officer to subjectively determine if a noise is unreasonable and there is nothing in the section on noise that addresses enforcement or penalties for violations of the noise ordinance. In a court of law, a subjective measurement is hard to either define or defend. And because people differ in their ability to hear sound based on personal factors such as hearing loss or congenital factors, a subjective sound ordinance can prove useless because one person's perception of a noise level does not necessarily or accurately correspond to the actual intensity of the noise experienced by others. The Estes Park noise ordinance also does not address bass vibrations. While the loudness of sound is a serious issue, the effects of bass are also problematic on people, wildlife, and on nearby buildings. Although low bass vibrations cannot easily be heard by the human ear, they can be felt by the human body, and they can also cause windows and walls in nearby buildings to vibrate. As such,setting a subjective standard for bass is an ineffective way to regulate acceptable limits of bass. Because bass can be measured with the proper equipment, a municipal sound ordinance should place limits on allowable levels of bass. RECOMMENDATIONS • The Estes Park municipal code needs to be reviewed by the Town Trustees and updated by the City Attorney to reflect best practices to limit both noise and bass that disturbs citizens in residential areas. The update should specify quantitative acoustical criteria and specified times when certain levels of sound are prohibited. • To enforce a new sound ordinance, the town needs to buy a professional Sound Level Meter which meets the standard design and quality in accordance with the most recent American National Standards Institute (ANSI). A ballpark range of the cost of the appropriate equipment would be between $2,500 and $4,500, including the necessary calibration equipment and software, depending on the manufacturer and model selected. o For the purposes of both enforcement and because of the potential that noise reading may be challenged in court, a professional stand-alone SLM meter should be used instead of an app on a computer or one on personal phone devices. 8 I Page • The microphone on the SLM will be specifically manufactured for the purpose of taking a sound level reading. • Also, the microphone on a professional SLM can be appropriately sheathed in a proper windscreen and can be set up on a tripod to minimize hand-held vibrations. o While Type 0 meters are highly accurate, they generally are reserved for scientific use. Type 1 meters are slightly less accurate than a Type 0 meter, but a Type 1 meter can withstand any attack on quality or accuracy in a court of law when used in noise enforcement. Type 2 meters are slightly less accurate than Type 1 meters but are often good enough to use in noise enforcement. o The meter selected should have a recommended one-half inch diameter free-field microphone. o The meter should also have both an A and C weighting to objectively measure both noise impact (loudness) and low frequency sounds (bass). The sound pressure as measured on an ANSI type 1 or type 2 sound level meter using the C-weighted network includes most of the low frequency information omitted in A-weighting alone. o It is a best practice standard that a SLM should have a noise floor of 35 dB. o The meter should be able to record, display, store, recover, and export the data to provide as evidence which could be used in court if someone who is ticketed with a noise violation wants to challenge the citation. o In addition to a sound level meter, the town should purchase the manufacturer's recommended calibrator for the SLM. A sound meter response will change with time. Because an offender may challenge the citation and the accuracy of the SLM's reading, the SLM must be calibrated before each use to ensure accuracy and uniformity, and the calibrations equipment should be recertified annually. o The measurement of noise should not be done when wind velocity, including wind gusts, exceed the recommendations of the SLM manufacturer or without using a microphone windscreen recommended by the SLM manufacture. The windscreen should be attached to the microphone as per the instructions of the manufacturer. o Sound ordinances typically recommend that noise be measured at a distance of 25-feet from a noise source located within the public right-of-way, or if the noise source is located on private or public property, the noise should be measured within the property boundary of the residential property where the measurement is taken. o In addition to measuring loudness, modern municipal codes also limit the amount of bass, or low-frequency sound, by setting dB(C) limits. While the human ear does not "hear" bass the same way it can sound, the human body can feel the pressure of bass frequency. 9 I P age APPENDIX I Estes Park Noise Ordinance—Chapter 8.06 8.06.010-Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Amplified outdoor sound means sound modified or amplified using sound equipment on any premises not fully enclosed by permanent walls and a roof. Domestic power equipment means any power equipment rated five (5) horsepower or less used for home or building repair or grounds maintenance, including but not limited to lawn mowers, garden tools, snow blowers and chain saws. Muffler means an apparatus consisting of a series of chambers or baffle plates designated for the purpose of transmitting gases while reducing sound emanating from such apparatus. Sound equipment means a loudspeaker, public address system, amplification system, or other sound producing device. Unreasonable noise shall mean any excessive or unusually loud noise or sound with intensity or duration that disturbs the peace, health, comfort, repose or quiet of a reasonable person of normal sensitivities. Vehicle means any machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides to transport persons or property or pull machinery and includes, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy and wagon. (Ord. No. 24-17 §l(Exh. A), 10-24-2017; Ord. No. 19-18 §l(Exh. A), 11-27-2018) 8.06.020 - Noise prohibited. (a) No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises owned or possessed by such person or under such person's control. For purposes of this Section, Law Enforcement or Code Enforcement personnel are empowered to make a prima facie determination as to whether a noise is unreasonable.(b) In determining whether noise is unreasonable, the following may be considered: (1) The time of day; (2) The size of any gathering of persons creating or contributing to the noise; (3) The presence or absence of sound equipment; and (4) Any other factors tending to show the magnitude and/or disruptive effect of the noise, (c) With regard to vehicles, the determination of unreasonable noise, in addition to the previously stated factors shall include, but not be limited to: (1) The continuous or repeated sounding of any horn, alarm or signal device of a vehicle, except where an actual emergency or danger exists. For the purposes of this subsection, "continuous" shall mean continuing for an unnecessary or unreasonable period of time. (2) The operation of any vehicle in a manner which causes unreasonable noise as a result of unnecessary rapid acceleration, deceleration, revving the engine or tire squeal. (Ord. No. 24-17 §l(Exh. A), 10-24-2017; Ord. No. 19-18 §l(Exh. A), 11-27-2018) 11 I Page 8.06.030 - Restrictions on amplified outdoor sound. It shall be unlawful for any person to make, cause to be made or to permit amplified outdoor sound upon any premises possessed or controlled by such person where such sound occurs between the hours of 10:00 P.M., through 10:00 A.M., of the next day except that on Friday and Saturday nights amplified outdoor sound is permitted until 11:00 P.M. (Ord. No. 24-17 §l(Exh. A), 10-24-2017; Ord. No. 19-18 §l(Exh. A), 11-27-2018) 8.06.040-Exceptions. The prohibitions set forth in Subsection 8.06.020(1) shall not apply to sound from: (1) Any bell or chime from any building, clock, school or church; (2)Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm system used in case of fire, collision, civil defense, police activity or other imminent danger; (3)Aircraft which are operated in accordance with federal laws or regulations; (4)Town authorized or sponsored events including, but not limited to, parades, fireworks displays, concerts, and events at Stanley Park, Bond Park, or Performance Park; (5)Any domestic power equipment, except as provided within this subsection, operated upon any residential, commercial, industrial or public place between 7:00 A.M. and 9:00 P.M.; (6)Any construction, maintenance, or repair activities between 7:00 A.M. and 9:00 P.M.; (7)Activities directly connected with the abatement of an emergency; (8)Noise from snow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal; (9)Noise generated from golf course maintenance equipment. (Ord. No. 24-17 §l(Exh. A), 10-24-2017; Ord. No. 19-18 §l(Exh. A), 11-27-2018) 8.06.050 - Exhaust, mufflers. No person shall discharge the exhaust of any steam engine, internal combustion engine, air compressor equipment, motorboat, or other power device which is not equipped with a properly maintained exhaust system with a muffler or a spark arrestor. It is unlawful for any person to operate a muffler or exhaust using a cutout, bypass or other similar device. (Ord. No. 24-17 §l(Exh. A), 10-24-2017; Ord. No. 19-18 §l(Exh. A), 11-27-2018) 12 I Pa ge APPENDIX 2 An exemplar noise ordinance SHORT TITLE: This chapter shall be known as the ESTES PARK NOISE ORDINANCE. DECLARATION OF POLICY: It is declared that at certain levels, noise is detrimental to the public health, comfort, convenience, safety and welfare of the citizens of the town and to the wildlife in our community. This ordinance is enacted to protect, preserve, and promote the health, welfare, peace and quiet of the citizens of Estes Park through the reduction, prohibition and regulation of noise. It is the intent of this chapter to establish and provide for sound levels that will eliminate unreasonable and excessive noise, and prevent sound levels which are physically harmful and detrimental to the residents, visitors, businesses, and wildlife in our community. DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this chapter: A-WEIGHTED SOUND PRESSURE LEVEL: The sound pressure level as measured on an ANSI-SI.4-1971 type 1 or type 2 sound level meter using the A-weighting network. It is the approximate sound level as heard by the human ear, measured in decibels. The standard is dBA. AMBIENT SOUND LEVEL: The sound pressure level of all sound associated with a given environment and being a composite of sounds from many sources during the period of observation excluding specific noise sources of interest. AUDIBLE OR PLAINLY AUDIBLE: The information content of sound is unambiguously transferred to the auditor, such as, but not limited to, understanding of spoken speech, comprehension of raised or normal voices, or comprehension of musical rhythms. BACKGROUND SOUND LEVEL: The sound pressure level of all sound associated with a given environment including specific noise sources of interest, exceeded ninety percent (90%) of the time. C-WEIGHTED SOUND PRESSURE LEVEL: The sound pressure as measured on an ANSI-SI.4-1971 type 1 or type 2 sound level meter using the C-weighted network. This measurement includes most of the low frequency information omitted in A-weighting. COMMERCIAL DISTRICT: A. An area where offices, clinics, and the facilities needed to serve them are located; B. An area with local shopping and service establishments; C. A tourist-oriented area where hotels, motels and gasoline stations are located; D. A business strip along a main street containing offices, retail businesses and commercial enterprises; E. Other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity. "Commercial district" includes, but is not limited to, any parcel of land zoned as a convenience commercial district, a neighborhood commercial district, a community commercial district, a commercial district, a large lot commercial district or an office district, under the zoning ordinance of the town. 13 I Pa ge COMMERCIAL PURPOSE: Means and includes the use, operation or maintenance of any sound or amplifying equipment, for the purpose of advertising any business, any goods or any services, or for the purpose of attracting the attention of the public to or advertising for or soliciting the patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment. CONSTRUCTION ACTIVITIES: Any and all activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating and filling. CONTINUOUS NOISE: A steady, fluctuating or impulsive noise which exists, essentially without interruption, for a period of ten (10) minutes or more, with an accumulation of an hour or more during a period of eight (8) hours. DECIBEL: A logarithmic unit of measure often used in measuring magnitudes of sound. The symbol is dB. DEVICE: Any mechanism which is intended to produce, or which actually produces sound when operated or handled. DYNAMIC BRAKING DEVICE: A device used primarily on trucks for the conversion of the motor from an internal combustion engine to an aircompressorforthe purpose of braking without the use of wheel brakes. EMERGENCY WORK: Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger or potential danger. INDUSTRIAL DISTRICT: An area in which enterprises and activities which involve the manufacturing, processing or fabrication of any commodity are located. "Industrial district" includes, but is not limited to, any parcel of land zoned as an industrial district or a planned development district with uses permitted in an industrial district underthe zoning ordinance of the town. LOW FREQUENCY SOUND: Sound having a frequency range of 20-150 Hz. MOTOR VEHICLE: Any vehicle, such as, but not limited to, a passenger vehicle, truck, truck trailer, trailer or semitrailer, propelled or drawn by mechanical power, and includes motorcycles, snowmobiles, minibikes, go-carts and any other vehicle which is self-propelled. MUFFLER: Any apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanating from such apparatus. NOISE: Sound that is unwanted and that causes or tends to cause adverse psychological or physiological effects on human beings. NONCOMMERCIAL PURPOSE: The use, operation or maintenance of any sound amplifying equipment for other than a commercial purpose. "Noncommercial purpose" means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes. PERSON: Any natural person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user or owner, and includes any municipal corporation, state or federal governmental agency, district, or any officer or employer thereof. 14 I Pa ge PREMISES: Every parcel of land in the city or portion thereof, including all buildings, structures, land utilities (and all appurtenances thereto), yards, lots, courts, and inner yards. PROPERTY LINE: That real or imaginary line and its vertical extension that separates real property owned or controlled by any person from contiguous real property owned or controlled by another person. The vertical and horizontal boundaries of a dwelling unit in a multi-dwelling unit building, condominium, or townhouse complex shall not be considered property lines separating one premises from another. PUBLIC PREMISES: All real property, including appurtenances thereon, owned or controlled by any governmental entity and includes, without limitation, rights of way, streets, highways, sidewalks, alleys, parks, and waterways. RECEPTOR PREMISES: The premises (residential, commercial, or public) receiving the noise emitted from the source premises after crossing one or more property lines. RESIDENTIAL DISTRICT: An area of single- or multiple-family dwellings and includes areas where multiple-unit dwellings, high rise apartments and high-density residential districts are located. "Residential district" also includes, but is not limited to, hospitals, nursing homes, homes for the aged, schools, courts and similar institutional facilities. "Residential district" includes, but is not limited to, land zoned as a large lot residential district, a small lot residential district, a duplex residential district, a high- density residential district, a medium density residential district, or a mobile home residential district under the zoning ordinance of the town. RESIDENTIAL PREMISES: All premises containing dwelling unit(s), primary schools, churches, nursing homes, and similar institutional facilities and includes any commercial premises where the use of more than fifty percent (50%) of the gross floor area meets this definition of residential premises. SOUND: An oscillation in pressure, stress, particle displacement and particle velocity that induces auditory sensation. SOUND AMPLIFYING EQUIPMENT: Any machine or device for the amplification of a human voice, music or any other sound, or by which the human voice, music or any other sound is amplified. SOUND LEVEL METER: An apparatus or instrument that includes a microphone, amplifier, attenuator, output meter, and frequency weighting networks for the measurement of sound levels. The sound level meter must be of a design and have the characteristics of a type 2 or better instrument as established by the American National Standards Institute (ANSI), publication Sl.4-1971, R 1976, entitled "Specification For Sound Level Meters." SOUND PRESSURE LEVEL: Twenty (20) times the logarithm to the base-lOof the ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per square meter (20 x 106 newtons/meter2) and is expressed in decibels (dB). SOURCE PREMISES: The premises (residential, commercial, or public) as listed in the table in the AMPLIFIED SOUND; STATIONARY SOURCES of this chapter that is emitting noise that is crossing one or more property lines and impacting the receptor premises. UNREASONABLE NOISE: Any excessive or unusually loud sound, or any sound which disturbs the peace and quiet of any neighborhood or causes damage to any property or business. GENERAL PROHIBITIONS: A. Unlawful To Make Unreasonable Noise: No person shall knowingly make or continue, or cause to be made or continued, any unreasonable noise within the town. 15 I Pa ge B. Unlawful Noises Generally: The following acts, enumerated in subsections Bl through B7 of this section, are declared to cause unreasonable noise in violation of this chapter; provided, however, that the following enumeration is not in limitation of subsection A of this section, and is not exclusive. 1. Bells And Chimes: No person shall use, operate, cause or permit to be sounded any bell or chime, or any device for the production or reproduction of the sounds of bells or chimes, audible at the property line of any church, clock or school, between the hours of eleven o'clock (9:00) P.M. of one day and seven o'clock (7:00) A.M. of the following day. 2. Radios, Television Sets, Phonographs and Similar Devices; Use Restricted: It is unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, CD player, drum, personal listening device, or other machine or device for the production or reproduction of sound, in such a manner as to cause any unreasonable noise. 3. Exhausts; Mufflers: No person shall discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, air compressor equipment, motorboat, motor vehicle or other power device, which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unreasonable noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. 4. Defect In Vehicle Or Load: It is unlawful for any person to operate, or cause or permit to be operated or used, any automobile, truck, motorcycle or other motor vehicle so out of repair, so loaded or in such a manner as to cause any unreasonable noise. 5. Quiet Zone: The creation of any unreasonable noise is prohibited within the vicinity of any school, institution of learning, church or court while the same is in use or session, which unreasonably interferes with the workings of such institution, or within the vicinity of any hospital, or nursing home, or which disturbs or unduly annoys patients in the hospital or residents in the nursing home, provided conspicuous signs are displayed in adjacent, surrounding or contiguous streets indicating that the same is a school, hospital, or nursing home, church or court. 6. Dynamic Braking Devices: No person shall operate any motor vehicle with a dynamic braking device engaged which is not properly muffled. 7. Truck Loading: No person shall load any garbage, trash or compactor truck, or any other truck, whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential district or within three hundred feet (300') of any hotel, motel, or residential district between the hours of nine o'clock (9:00) P.M. of one day and seven o'clock (7:00) A.M. of the following day. SOUND LEVEL STANDARDS: A. Construction Activities: Except as otherwise provided in this chapter, no person shall engage in, cause or permit any person to be engaged in construction activities in any residential or commercial district between the hours of nine o'clock (9:00) P.M. of one day and seven o'clock (7:00) A.M. of the following day. Construction activities directly connected with the abatement of an emergency are excluded from the provisions of this section. B. Power Equipment: No person shall operate or permit to be operated on any private property, or on the public way within any residential or commercial district(s), any power equipment used for home or building repair or grounds maintenance, or any construction equipment used for construction activities, between the hours of nine o'clock (9:00) P.M. of one day and seven o'clock (7:00) A.M. of the next day. 16 I Pa ge Such power equipment shall include, but not be limited to, lawn mowers, garden tools, snow removal equipment, electric or chain saws, pavement breakers, log chippers, riding tractors, or powered hand tools. C. Temporary Exemption From Chapter: 1. Applications for a temporary exemption from the provisions of subsections A and B of this section shall be made to the town clerk or her designee. 2. In approving or denying a temporary exemption, consideration shall be given to effective dates, hours of operation, type of noise, location, loudness, equipment noise characteristics and public health, safety and welfare. 3. Any temporary exemption approved hereunder may provide for, without limitation, a public information program prior to construction, restrictions on effective dates, hours of operation, type of noise, location, loudness, and equipment type relating to that particular activity giving rise to the relief requested. 4. The town clerk shall promptly notify the Estes Park Board of Trustees of each temporary exemption approved. D. Speed Or Endurance Events: The use of property for purposes of conducting speed or endurance events involving motor or other vehicles shall be exempt from the provisions of this chapter, but such exemption is effective only during a specific period within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. AMPLIFIED SOUND; MOTOR VEHICLES: A. Sound Amplification Provisions: 1. No person shall use or operate any loudspeaker, public address system, or other sound amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty-five feet (25') from the motor vehicle, unless a permit has been issued by the town clerk pursuant to subsection C of this section which allows such amplification. If such a permit has been issued, the intensity and loudnessof any amplified sound, which is transmitted between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. of one day, shall not be unreasonable. 2, The provisions of this section shall not apply to any bell or chime or any device for the production or reproduction of the sound of bells or chimes from any church, clock or school. 3. The provisions of this section shall not apply to sound made on property owned by, controlled by, or leased to the town, and when such sound is made by an activity sponsored by the town or by others pursuant to the terms of a contract, lease, or permit granted by the town. B. Application For Permit To Use Sound Amplifying Equipment In A Motor Vehicle: Any person, partnership, association, or corporation desiring to use or operate any loudspeaker, public address system, or other sound amplifying equipment in or from a motor vehicle for either commercial or noncommercial purposes must first obtain a permit from the town clerk. The permit may authorize the use or operation of such sound amplifying equipment between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. of one day. The application for the permit shall be filed with the town clerk and shall provide the following information: 1. The name, address and telephone number of both the owner and the user of the sound amplifying equipment. 17 I Pa ge 2. The license number of the motor vehicle which is to be used. 3. The general description of the sound amplifying equipment which is to be used. 4. Whether the sound amplifying equipment will be used for commercial or noncommercial purposes. 5. The dates upon which and the streets over which the equipment is proposed to be operated. C. Permit Issuance: Required permits may be issued by the town clerk if the town clerk finds that the conditions of motor vehicle movement or pedestrian movement are such that the use of the equipment will not constitute an unreasonable interference with traffic safety, that the applicant will not violate the hour restrictions of the permit, and that the use of the sound amplifying equipment will not disturb the peace and quiet of any neighborhood. An applicant may appeal the denial of a permit by the town clerk to the Estes Park Board of Trustees if such appeal is filed in writing with the town clerk within seven (7) days of the denial of said permit by the town clerk. The Estes Park Board of Trustees or its designee shall conduct any hearing and/or review of the denial of the permit request, and a decision shall be final. The Estes Park Board of Trustees may promulgate rules and regulations or procedures to govern any such hearing and/or review. AMPLIFIED SOUND; STATIONARY SOURCES: A. General Jurisdiction: It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises upon which it originates, crosses the property line, and enters onto any other premises (the "receptor premises") in excess of the sound pressure levels permitted during the time periods specified in subsection B of this section. It is further unlawful for any person to emit or cause to be emitted any noise within public premises in excess of the limits established in subsection B of this section. The noise source shall be measured at any point along the property line of the receptor premises or within the property line of the receptor premises to determine compliance with this section. The location of origin of the noise, whether within or outside the Town limits, shall not affect the enforcement of this section if the noise is present on a receptor premises within the Town, and in excess of the sound pressure levels in subsection B of this section. B. Allowable Sound Pressure Levels in dB(A) and dB(C) with Time of Day Allowance: Receiving Premises dB(A) dB(C) Residential 7:00 A.M. to 9:00 P.M. 55 65 9:00 P.M to 7:00 AM 50 60 Commercial 7:00 A.M to 9:00 P.M. 65 75 9:00 P.M to 7:00 AM 60 70 Public 7:00 A.M. to 9:00 P.M. 75 75 9:00 P.M to 7:00 AM 70 70 C. Low Frequency: Low frequency sound that is determined to be plainly audible inside a residential premises shall constitute prima facie evidence of a noise violation. Such determination shall be made by the noise ordinance enforcement official, and inside the residential premises with all windows and doors closed. D. Ambient Sound Level: When it is determined that the ambient sound pressure level at the receptor premises equals or exceeds the maximum allowable sound pressure level specified in subsection B of this section, then the ambient sound level is the standard that cannot be exceeded. E. Measurement: 18 I Pa ge 1. dB(A) will be used as the primary measure for evaluating a complaint. dB(C) may be used as a secondary measure, especially when the complaint is about low frequencies or in a residence. 2. dB(A) and dB(C) will be measured a minimum of twenty (20)seconds for each record taken. Any sound pressure level that is measured must be taken with a sound level meter and at the appropriate weighted network. If the noise from the source premises interferes with the measurement of the background sound level at the receptor premises, then measurements to determine the background sound level may be taken at another location in the vicinity or at another time or both; provided that the conditions at the alternative location or the alternative time or both are similar to the conditions at the receptor premises at the time of the noise measurement. F. Exemptions: This section shall not apply to sound sources which are within the scope of the General Provisions sections and Sound Levels Standards section. G. Application For Permit for Amplified Sound at A Stationary Source: Any person, partnership, association, or corporation desiring to use or operate any loudspeaker, public address system, or other sound amplifying equipment at a stationary source for either commercial or noncommercial purposes must first obtain a permit from the Town Clerk. The permit may authorize the use or operation of such sound amplifying equipment between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. of one day. The application for the permit shall be filed with the Town Clerk and shall provide the following information: 1. The name, address and telephone number of both the owner and the user of the sound amplifying equipment. 2. The physical address at which the sound amplifying equipment will be operated. 3. The general description of the sound amplifying equipment which is to be used. 4. Whether the sound amplifying equipment will be used for commercial or noncommercial purposes. 5. The dates and times upon which the equipment is proposed to be operated. H. Permit Issuance: Required permits may be issued by the Town Clerk if the Town Clerk finds that the conditions of the proposed use and its location are such that the applicant will not violate the hour restrictions of the permit, that the use of the sound amplifying equipment will not unreasonably disturb the peace and quiet of any neighborhood. In granting a permit, the Town Clerk may impose any conditions necessary to ensure that exercise of the permit will be consistent with the purpose and intent of this chapter. An applicant may appeal the denial of a permit or issuance of a permit with conditions by the Town Clerk to the Estes Park Board of Trustees if such appeal is filed in writing with the Town Clerk within seven (7) days of the denial of said permit by the Town Clerk. The Estes Park Board of Trustees or its designee shall conduct any hearing and/or review of the denial of the permit request, and a decision shall be final. The Estes Park Board of Trustees may promulgate rules and regulations or procedures to govern any such hearing and/or review. VIOLATION, PENALTY: A. It is unlawful for any person to violate any of the provisions of this chapter. B. Every person convicted of a violation of any provision of this chapter shall be subject to a penalty as provided in the Estes Park Code general penalty section fines and penalties. 19 I Pa ge REFERENCES Babisch, Woflgang. "Traffic noise and cardiovascular disease: epidemiological review and synthesis." Noise Health. 2.8 (2000) 9-32. Babisch, Wolfgang, Wim Swart, Danny Houthuijs, Jenny Selander, Gosta Bluhm, Goran Pershagen, Konstantina Dimakopoulou, Alexandras S Haralabidis, Klea Katsouyanni, Elli Davou, Panayota Sourtzi, Ennio Cadum, Federica Vigna-Taglianti, Sarah Floud, and Anna L Hansell "Exposure modifiers of the relationships of transportation noise with high blood pressure and noise annoyance." 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