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Home My WebLink AboutMINUTES Town Board 2024-10-08Town ofEstes Park, Larimer County, Colorado, October 8, 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 8th day of October, 2024. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster CindyYounglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Greg White, Special Counsel Rachel Richards, Recording Secretary Absent: None Mayor Hall called the meeting to order at 7:01 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPRQVAL, A motion was made (Brown) to approve the agenda with the removal of Report and Discussion Item #2 Noise Ordinance, and the motion died for lack of a second. It was moved and seconded (Younglund/Lancaster) to approve the Agenda, and it passed with Trustee Brown voting "No". RECOGNITION. The Board presented Larimer County Sheriff John Feyen with a plaque in recognition of his exemplary service to the Estes Park community. PUBLIC COMMENTS. John Guffey/Town Resident spoke regarding our greater responsibility to nature and read a section of the Haudenosaunee Thanksgiving Address. TRUSTEE COMMENTS. Board comments were heard and have been summarized: the staff and board members attended the ribbon cutting for the Downtown Loop and staff was recognized for their involvement throughout the project; Sidewalk Sale would occur this weekend across the valley; the Estes Park Garden Club continues to search for leadership assistance; the September Trustee Talk discussed the citizens' initiative and Fish Hatchery open space; Sister Cities participation encouraged to aid in strengthening relationship with Monteverde; October Restorative Justice programming focused on addressing Conflict Resolution month; call for involvement in Visit Estes Park permanent CEO search committee; the Estes Park Housing Authority closed on the purchase of Fall River Village which plans to transition into workforce housing in November; and the Discovery Channel would be in town filming Expeditions Unknown throughout the week. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek noted the 2025 Budget Study Session would take place the following day and confirmed the downtown Halloween event would occur as normal this year. Board of Trustees - October 8,2024 - Page 2 CONSENT AGENDA: 1. Bills. 2. Town Board Meeting and Study Session Minutes dated September 24 and Joint Town Board and County Commissioners Study Session Minutes dated September 9,2024. 3. Audit Committee Minutes dated September 23, 2024. 4. Estes Park Board of Adjustment meeting minutes dated August 6, 2024 (acknowledgment only). 5. Transportation Advisory Board Minutes dated August 21, 2024 (acknowledgment only). It was moved and seconded (Hazelton/Younglund) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. 2025 VISIT ESTES PARK OPERATING PLAN. Chief Financial Officer/lnterim Director Mike Zumbaugh stated the final version of the 2025 Visit Estes Park Operating Plan had been revised to incorporate Board feedback from the previous joint study session with the Larimer County Commissioners. He clarified the finalized version had been emailed to the Board on September 27 for review but had not been provided for inclusion in the packet. After further conversation, it was moved and seconded (Lancaster/Cenac) to approve the 2025 Visit Estes Park Operating Plan with reflected changes, and it passed unanimously. 2. ORDINANCE 14-24 AMENDING CHAPTER 9.40 OF THE ESTES PARK MUNICIPAL CODE REGARDING FIREARMS IN TOWN HALL. Mayor Hall opened the public hearing. During the 2024 regular session, the State Legislature passed SB 24-131 Prohibiting Carrying Firearms in Sensitive Spaces which prohibits a person from knowingly carrying a firearm, both openly and concealed, in specific government buildings, including their adjacent parking areas. Town Administrator Machalek stated that Ordinance 14-24 would amend the Municipal Code and exercise the local control allowed by SB 24-131 to continue to allow the lawful carrying of concealed firearms in Town Hall except during certain situations such as Municipal Court. John Guffey/Town Resident questioned which parking areas would be affected. Town Administrator Machalek stated all parking lots that touch Town Hall would be included within the boundary as defined by SB 24-131 and confirmed that Ordinance 14-24 would not adopt the bill but allow the Town to continue addressing firearms as it has traditionally. Mayor Hall closed the public hearing. It was moved and seconded (Igel/Cenac) to approve Ordinance 14-24, and it passed unanimously. 3. ACCEPT DELIVERY OF THE AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDING DECEMBER 31, 2023. Director Hudson introduced Audit Manager Irvine of Haynie & Company who provided an overview of the audit process. A new accounting standard for Subscription Based technology arrangements became effective in 2023 and the Estes Park Housing Authority (EPHA) was added as a new component due to receiving 6E funding for workforce housing. An extension of the submittal deadline was granted to provide EPHAwith time to present necessary materials for the completion of the audit. One process breakdown was noted in relation to a $104,000 posted adjustment to Power & Communications inventory of which a recount would occur within 30 days. There were no disagreements with management regarding matters individually or in the aggregate. Haynie & Company issued a clean, unmodified opinion. The Board questioned staff time involved in completing the audit and Audit Manager Irvine provided an estimate of 200 total staff hours contributed by her team. There being no further discussion, it was moved and seconded (Brown/Younglund) to accept Board of Trustees - October 8,2024 - Page 3 the delivery of the 2023 Audited Financial Statements for the year ending December 31, 2023, and it passed unanimously. 4. APPOINTMENT OF HAYNIE & COMPANY TO PERFORM THE AUDIT OF THE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING DECEMBER 31, 2024. Director Hudson recommended the appointment of Haynie & Company to perform the 2024 audit for the year ending December 31, 2024. If approved, this would be the fifth year of a five-year engagement with Haynie & Company. He reported confidence in the current level of service being received and noted the Audit Committee unanimously supported the reappointment. It was moved and seconded (HazeltonA'ounglund) to appoint Haynie & Company to perform the audit of the annual financial report for the year ending December 31, 2024 and it passed unanimously. 5. REVISED TOWN BOARD GOVERNING POLICIES. Town Administrator Machalek highlighted one update to the Town Board Governing Policy which moved language regarding Board approval of monitoring reports from Policy 1.8.4 to Policy 2.3.7. It was moved and seconded (Hazelton/Brown) to approve the Revised Town Board Governing Policies, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. APPLICATION FOR ADVANCE COLORADO BROADBAND GRANT FUNDING THRQUGHJIHE BROADBAND EQUITY. ACCESS AND DEPLOYMENT (BEAD) PROGRAM. Director Bergsten requested Board direction on whether to apply for competitive Broadband Equity, Access and Deployment (BEAD) grant funding to facilitate the completion of the final 10% of planned construction to expand the broadband system. The application would require a 25% match of $1.5 - $2 million from the Town, of which $450,000 had been pre-expensed by Power & Communications as inventory, and Board approval to submit the application. He presented two options for applications: the priority application would propose service to all of seven eligible state-determined project areas in close proximity to Estes Park, and the second, less competitive application would propose service to a limited number of locations across eight state-determined project areas of greater distance from Estes Park. Should either grant not be awarded, a previously discussed pay-as-you-go model would be implemented. Board discussion ensued and has been summarized: confirmation of deadlines for full application and 25% match; obligation to accept the grant if awarded; and the necessity to deliver on commitment to extending broadband service further across the community. Director Bergsten stated the application due date of October 28, 2024 and that match funds would be due before grant funds were used. He confirmed that pre- application commitment of funds was not needed and that this item would return at the next meeting as an Action Item. 2. NOISE ORDINANCE. Town Administrator Machalek requested direction on amendments to the current noise ordinance, noting two established points of Board consensus from a prior study session: a hybrid approach including both decibel and unreasonable noise standards, and transferring night work approvals from the Town Engineer to the Board. He posed the following open topics to gather more information: decibel limits, Town events, exceptions, and amplified sound. Board discussion ensued and has been summarized: point of measurement from the generating or receiving property line; whether proposed decibel limits are too low; whether to expand weekend time limit to 11:00 p.m. or keep 10:00 p.m. to remain consistent; whether Town events should remain exempt from noise standards; positive results from current amplified sound restrictions; value in designing time and decibel limits to be easy for the community to utilize; and emphasis on an evolving process needing consistent evaluation as new regulations are implemented. Board consensus was supportive of measuring sound levels from the receiving property line and retaining exemption for Town events but remained divided on decibel levels, hours of enforcement, and amplified sound. Board of Trustees - October 8,2024 - Page 4 It was moved and seconded (Igel/Lancaster) to extend the meeting past 10:00 p.m., and it passed unanimously. Board consensus on remaining topics was supportive of a variance process for items other than night work, escalation of fines for violations, and earlier waste collection times in commercial districts. JeffWolfly/Town Resident spoke regarding the revenue received by the Town from patrons of restaurants, bars, and entertainment. Time limits for noise are not advantageous for people looking to buy or start businesses and favored an 11:00 p.m. time limitation. Judi Smith/Town Resident questioned what entities and demographics the proposed limitations would benefit. Special Counsel White, author of the current noise ordinance, encouraged consideration of whether imposed limitations such as decibel measurements are able to be consistently prosecuted. Staff would draft ordinance language incorporating feedback from prior conversations to bring before the Board. Whereupon Mayor Hall adjourned the meeting at 10:12 p.m.^-c-^3 Gary Hall, Mayoi 0 Rachel Richards, Recording Secretary