HomeMy WebLinkAboutPACKET Town Board 2026-06-23 Part 1 of 4Town Board of Trustees Regular Meeting
Tuesday, June 23, 2026, 7:00 p.m.
Town Hall Board Room, 170 MacGregor Ave, Estes Park
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Contact us if you need any assistance accessing material at 970-577-4777 or
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Meeting Participation
This meeting will be streamed live and available on the Town YouTube page at
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Accessibility, and Public Comment.
Agenda – 7:00 p.m.
Pledge of Allegiance
Agenda Approval
Public Comment
Town Board Comments/Liaison Reports
Town Administrator Report
Consent Agenda
1. Expenditure Approval Lists – Bills
2. Town Board Meeting and Study Session Minutes dated June 9, 2026
3. Resolution 74-26 Authorization to Execute Colorado Department of Public Health
and Environment Closed Landfill Remediation Grant Agreement Amendment #1 for
Stabilization Work at the Power and Communication Elm Road Storage Facility
Located on the Closed Landfill in the Amount of $332,051
4. Resolution 75-26 Awarding the Mall Road Waterline Project to High Plains
Excavation & Aggregate, LLP, in the Amount of $1,786,950 and Authorizing the
Utilities Director to Approve Contingency Spending up to $536,000 for a Total
Project Cost of $2,322,950 – Budgeted
5. Resolution 76-26 Change Order for Fall River Trail Final Segment Design with
Otak, Inc., $21,606 – Budgeted
Liquor Items
1. Resolution 78-26 New Hotel and Restaurant Liquor License Filed by Crags
Lodge FBS LLC dba Historic Crags Lodge, 300 Riverside Drive, Estes Park,
CO 80517
Town Clerk Williamson
To consider a new liquor license application and to consider the needs and
desires of the neighborhood.
2. Resolution 79-26 New Hotel and Restaurant Liquor License Filed by Mountain
Berry Bakery LLC dba Kissing Moose Café and Saloon, 1701 North Lake
Street, Estes Park, CO 80517
Town Clerk Williamson
To consider a new liquor license application and to consider the needs and
desires of the neighborhood.
Planning Commission Action Items
1. Ordinance 11-26 Rezoning 440 Valley Road from RM (Multi-Family
Residential) to A-1 (Accommodations, Low-Intensity), Denice D. Borda, Brian
Delaney, and Dana D. Burke/Owners
Presented by Planner Washam
Proposed rezoning of a 0.80-acre property from RM to A-1 to reclassify the
use of the existing three-unit structure as “Resort Lodge/Cabins”. No new
development is proposed.
Agenda continues on page 3
Action Items
1. Resolution 77-26 Contract Renewal with Cervi Championship Rodeo for the
2026 Rooftop Rodeo Stock Contracting
Presented by Director Hinkle
To consider a contract renewal with Cervi Championship Rodeo for stock,
key personnel, and equipment.
2. Resolution 80-26 Contract with Infusion Architects, LLC for Design Services
and Construction Management Assistance for the Estes Park Public Safety
Facility
Presented by Director Fetherston
Item removed by staff to be heard at a future meeting.
3. Resolution 81-26 Adoption of the 2025 – 2026 Water Master Plan
Presented by Manager Wesley
To consider adoption of the 2025 – 2026 Water Master Plan, which allows
staff to move forward with additional planning elements and items to be
established in the 2027 budget.
4. Ordinance 12-26 Adoption of the Wildfire Resiliency Code
Presented by Director Careccia
To consider adoption of the 2025 Colorado Wildfire Resiliency Code,
including local amendments and appendices, as approved by the Estes
Valley Fire Protection District on March 23, 2026, with its adoption of
Resolution No. 2026-05.
5. Resolution 82-26 Cooperative Agreement for the Administration and
Enforcement of the Colorado Wildfire Resiliency Code
Presented by Director Careccia
To consider approving a cooperative agreement between the Town of Estes
Park and the Estes Valley Fire Protection District for the administration and
enforcement of the Colorado Wildfire Resiliency Code.
Agenda continues on page 4
6.Interview Committee for the Estes Park Housing Authority (EPHA) Board of
Commissioners
Presented by Town Clerk Williamson
To establish the interview committee to complete interviews of interested
applicants for three openings on the EPHA Board of Commissioners.
Reports and Discussion Items
1.BEAD Risk Report and Documentation
Presented by Director Bergsten, Superintendent Lockhart, Manager Stiner, and
Manager Smith
To provide an overview of the Broadband Equity, Access, and Deployment
(BEAD) grant opportunity, compare the BEAD-funded buildout option with a
locally controlled staff-recommended alternate buildout plan, and request
direction to decline BEAD and approve the alternate plan.
2.Estes Valley Childcare Facility Master Plan
Presented by Manager Speedlin
Presentation of the Estes Valley Childcare Facility Master Plan Final Report
from EPIC.
Adjourn
Provided with public comment during the meeting by Terry Rustin/Town resident.
Town of Estes Park, Larimer County, Colorado, June 9, 2026
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 9th day of June, 2026.
Present: Gary Hall, Mayor
Kirby Hazelton, Mayor Pro Tem
Trustees Bill Brown
Mark Eshelman
Mark Igel
Frank Lancaster
Jamie Mieras
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Sarah Stoddard Cameron, Recording Secretary
Absent: None
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 (Hazelton/Eshelman) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Dan Scace/American Legion Post 119 Commander reflected on American character and
values, and announced the Legion would host presentations on Sundays and Mondays
between Memorial Day and Veterans Day to celebrate the 250th anniversary of the United
States of America and 150th anniversary of the State of Colorado with topics included but
not limited to Americanism, citizenship, and US history.
Terry Rustin/Town Resident expressed concern regarding the fiscal responsibility of the
Estes Park Housing Authority (EPHA) and cautioned that program funding would fluctuate
and potentially decrease significantly, given current economic and political uncertainty.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: Commended the Estes Park
Board of Realtors for distributing 560 “BeetleBlock” pheromone packets intended to deter
pests from infesting pine trees; encouraged the public to attend the Friends of Folk
Festival; expressed gratitude for the opportunity to tour Platte River Power Authority’s
(PRPA) Rawhide Powerplant and noted members of the public could schedule a tour for
groups of five (5) or more; attended the groundbreaking ceremony for the first 100 mw
storage battery cell to supply power to the PRPA Black Hollow Sun (BHS) solar farm;
noted PRPA plans to decommission the Rawhide coal-fired unit by 2030; noted Colorado
Area Ski Town (CAST) Association opposed Proposed Ballot Initiative 175; the Estes
Chamber of Commerce launched both the Latino Alliance and Estes Next Network
(ENGN) in efforts to strengthen community connections and foster civic engagement; and
Mayor Hall advocated for UC Health as worthy replacement for the Estes Park Salud
Foundation should it fail financially.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek expressed gratitude for PRPA and enouraged the public to
tour Rawhide Power Plant. He then recognized the Larimer Emergency Telephone
Authority (LETA), the Colorado Department of Transportation (CDoT), the PRPA,
Trailblazer Broadband, the City of Longmont and their boradband provider NextLight
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Board of Trustees – June 9, 2026 – Page 2
Internet for their work to establish a redundant 911 path from the Estes Valley via Highway
36.
Consent Agenda:
1.Expenditure Approval List - Bills
2.Town Board Meeting and Study Session Minutes dated May 26, 2026
3.Estes Park Board of Adjustment Minutes dated April 7, 2026 (acknowledgment only)
4.Resolution 66-26 Setting the Public Hearing for a New Hotel and Restaurant Liquor
License Application for Mountain Berry Bakery, LLC dba Kissing Moose Café and
Saloon, 1701 North Lake Street, Estes Park, Colorado
5.Resolution 67-26 Setting the Public Hearing for a New Hotel and Restaurant Liquor
License Application for Crags Lodge FBS, LLC dba Historic Crags Lodge, 300
Riverside Drive, Estes Park, Colorado
6.Resolution 68-26 Contract with Garland/DBS, Inc., for the Town Hall Building Roof
Replacement, $202,133, Budgeted
7.Resolution 69-26 Termination of Executed Transportation Alternatives Program (TAP)
Intergovernmental Agreement (IGA) and Approval of Amended and Restated IGA with
Colorado Department of Transportation for MMOF, TAP, and CMAQ Grants for Fall
River Trail Final Segment, $4,720,995, Budgeted
8.Resolution 70-26 Authorization to Execute Pre-Award Grant Documents –
Congressionally Directed Spending (CDS) Award through the United States
Department of Agriculture (USDA) for a New Public Safety Facility
9.Revised Town Board Policy 101 – Board Assignments
It was moved and seconded (Brown/Igel) to approve Consent Agenda Items 1-5 and
7-9, and it passed unanimously.
CONSENT ITEM REMOVED FOR DISCUSSION:
1.Item 6: Resolution 68-26 Contract with Garland/DBS, Inc., for the Town Hall
Building Roof Replacement, $202,133, Budgeted. Board discussion ensued and
has been summarized: Questioned the validity of major investment given the limited
lifespan and age of the Town Hall building; reviewed the cooperative purchasing
program bid selection process and project material aquistion method; and inquired
how parking would be affected given the library renovations occurring simultaneously.
It was then moved and seconded (Brown/Eshelman) to approve Consent Agenda
Item 6, and it passed unanimously.
REPORT AND DISCUSSION ITEMS (OUTSIDE ENTITIES):
1.DISTRICT ATTORNEY’S OFFICE ANNUAL REPORT. District Attorney McLaughlin
provided an annual report summarizing the mission, vision, current goals and
initiatives, and 2025 statistics of the 8th Judicial District Office of the District Attorney.
Primary focuses of the 2025 year included the establishment of Veterans Court;
continued improvement of adult and juvenile diversion programs; improvements to
case management for at risk or repeat domestic violence offenders; protecting
convictions through appellate courts; improvement of offender and victim connection
to community resources; and increased data collection and interpretation. Victim
compensation totaled just over $700,000 and was paid out to roughly 5,500
individuals. Estes Park case filings by type were presented and were reported to be
fairly proportional to the County. Legislative initiatives included support for SB26-011,
which required websites and social media applications to respond to search warrants
in a timely manner, and SB26-132, requiring law enforcement officers to perform
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Board of Trustees – June 9, 2026 – Page 3
breath tests in the instance of a motor vehicle collision resulting in serious bodily injury
or death. The Board questioned the effectiveness and severity of penalties
implemented in SB26-011.
2.2025 BASE FUNDING REPORT: CROSSROADS ASSISTANCE MINISTRY.
Executive Director Schaffer thanked the Board for continued support of $40,000 in
base funding. During 2025, $1.7 million was invested into the community through
emergency lodging, rental and food assistance programs, meal delivery, client
advocacy and counseling, and other essential assistance services. A reported 110
volunteers and seven (7) full-time employees assisted the Ministry to provide services.
Five (5) contracted counselors provided 600 free mental health, financial, and life
coaching sessions for community members aged five (5) through 87. The Board
expressed gratitude for Executive Director Schaffer’s dedication and the services
provided to the community.
3.ESTES VALLEY LIBRARY RENOVATION PRESENTATION. Community Relations
Specialist Limmiatis reported that on June 1, 2026, in response to a community needs
assessment, renovations began on the Estes Valley Library to increase safety,
accessibility, and user experience. Updates would include the addition of a centrally
located staircase, a teen room, a staff meeting room, an additional water fountain, and
a public kitchenette. Additionally, the children’s room, Hondius Community Room, and
non-fiction section would be relocated and renovated. The library would remain open
throughout the renovation processes, although patrons were encouraged to utilize
remote and virtual services during the disruption with project completion anticipated
spring 2027. Board discussion then ensued and has been summarized:
Complimented the projects design and efforts to better adapt to patron needs; and
commended the library for exercising impressive financial responsibility in preparation
for the restoration.
4.ESTES PARK HOUSING AUTHORITY (EPHA) EXPENDITURE OF 6E FUNDS TO
HABITAT FOR HUMANITY WORKFORCE HOUSING. Executive Director Moulton
presented a proposed direct funding agreement between EPHA and Habitat for
Humanity of the St. Vrain Valley for workforce housing projects designed to create
leverage for Habitat for Humanity housing projects as well as preserve properties for
low-income and workforce households through deed restrictions. Buyers would be
limited to qualified workforce households of which one person must be employed
within the Park R-3 School District for a minimum average of 30 hours per week.
Additionally, the maximum sales price would be capped at 25% of the value
appreciated of the property plus fees and reserved for households making 80%
average monthly income (AMI) or less. Board discussion ensued and has been
summarized: expressed approval for the limited appreciation and workforce
requirement restrictions; clarified deed restrictions would be protected if tied to land
rather than the home; questioned the Town’s oversight terms in the Town’s
memorandum of understanding (MOU) with the EPHA; clarified EPHA must present
such agreements, and can proceed so long as the Town Board does not take action;
questioned the scale of the agreement; and Trustee Igel raised concern for the
process, and expressed desire for greater oversight.
LIQUOR ITEMS:
1.RESOLUTION 71-26 NEW HOTEL AND RESTAURANT LIQUOR LICENSE FILED
BY EASTERN SLOPE LLC DBA EASTERN SLOPE, 200 MORAINE AVENUE,
ESTES PARK, CO 80517. Mayor Hall opened the public hearing. Town Clerk
Williamson presented Resolution 71-26 for a new Hotel and Restaurant Liquor
License under concurrent review and noted that all paperwork and fees had been
submitted. The applicants had received responsible vendor training prior to
application, as they own several other liquor licensed businesses in town. The
property zoned Commercial Downtown (CD) was previously licensed as “Molly B’s.”
The applicants were present and provided a brief description of their vision, menu,
and service style. Mayor Hall closed the public hearing. It was then moved and
seconded (Hazelton/Eshelman) to approve Resolution 71-26, and it passed
unanimously.
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Board of Trustees – June 9, 2026 – Page 4
ACTION ITEMS:
1.RESOLUTION 72-26 AGREEMENT FOR FACILITY USE – ESTES VALLEY
LIBRARY. Management Analyst Simpson reviewed a request from the Estes Valley
Library to use the Town Hall Board Room and equipment for occasional programming,
and explained the facility use agreement would allow the library use of the room once
per month, for a fee of up to $50 per meeting, on a schedule acceptable to the Town.
Additional usage could be requested and approved by the Town Administrator.
Eric White/Adult Patron Experience Librarian explained that a space larger than the
Library’s Hondius Room was necessary for author talks and other community events;
argued use of the Board Room would help familiarize the community with Town Hall;
and clarified that official Town operations would take priority over Library use.
Board discussion ensued and has been summarized: Questioned what types of
programming would occur, how fees would be determined and applied, which
organizations currently have agreements for Board Room use, and the need for
program content guardrails; expressed concern regarding the sensitivity of the IT
equipment, and potential for politically charged discussions; expressed gratitude for
the library’s willingness to host Town events and meetings; and concluded that a
review of Board Room library programming would be conducted upon contract
renewal. It was moved and seconded (Hazelton/Igel) to approve Resolution 72-26,
and it passed with Trustee Brown voting “No.”
2.RESOLUTION 73-26 CONTRACT RENEWAL WITH AXON ENTERPRISE, INC.,
FOR BODY WORN CAMERAS, DIGITAL EVIDENCE SERVICES, AND TASER
PROGRAM. Commander Polucha explained that the Police Department’s five (5) year
agreement with Axon, used for evidence management and officer safety, expires
September 2026, and then presented a proposed 60-month contract renewal and
modernization agreement totaling $380,341.26. It was explained that Axon would
provide a platform for 26 users, consisting of 24 officers and two (2) administrative
users. Twenty-four (24) ten-probe TASER 10 tasers would be issued to officers. Axon
Body 4 cameras would also be issued to provide upgraded optics, precision audio,
livestream services, integrated metadata with calls and service, and automated upload
and encryption services. Implementation would reportedly reduce administrative
labor, increase transparency and officer safety, and allow incident commanders to
observe real time footage and improve and adapt response strategy. The proposed
agreement also included add-ons for Axon Air/DroneSense, which would provide two
(2)Town-owned drones with livestream capabilities, Community Link, a platform for
community members to upload evidence onto the Axon platform, and Axon
Performance, software for supervisors with structured scorecards to evaluate officers.
Board discussion ensued and has been summarized: Questioned the rate at which
tasers cause death or injury; how effective tasers are on wildlife; whether the
increased expense had been budgeted; if equipment would be returned on upon
contract expiration; the difficulty of integrating drone software with DroneSense; and
how and where livestream feeds might be shared; confirmed software and basic
hardware updates are included in price package; expressed disapproval for an events
clause promising events tickets and free travel; and commended the Police
Department for drone response times. It was then moved and seconded
(Hazelton/Mieras) to approve Resolution 73-26, and it passed unanimously.
It was moved and seconded (Brown/Hazelton) to extend the meeting past 10:00 p.m.,
and it passed unanimously.
3.2027 PROVISIONAL STRATEGIC PLAN. Town Administrator Machalek explained
that the Provisional Strategic Plan, intended to better inform and guide the Town
Administrator’s proposed budget as well as track the changes to the Strategic Plan
that come from the budgeting process to ensure no unfunded objectives are approved,
was brought back to the Board for final approval, noting the prior draft had missed a
few objectives. He drew attention to Robust Economy objective 5B, which remained
unchanged after an unclear sense of direction was given by the Board. It was then
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Board of Trustees – June 9, 2026 – Page 5
moved and seconded (Igel/Eshelman) to approve the 2027 Provisional Strategic
Plan, and it passed unanimously.
Whereupon Mayor Hall adjourned the meeting at 9:58 p.m.
Gary Hall, Mayor
Sarah Stoddard Cameron, Recording Secretary
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RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado June 9, 2026
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 9th day of June, 2026.
Board: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown,
Eshelman, Igel, Lancaster, and Mieras
Attending: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown,
Eshelman, Igel, Lancaster, and Mieras
Also Attending: Town Administrator Machalek, Town Attorney Kramer, EPHA
Executive Director Moulton, EPHA Director of Real Estate
Development Levine, and Recording Secretary Bramwell
Estes Park Housing Authority Board of Directors: Blackhurst,
Ciolli, Jameson, Miranda, and Smith
Absent: None
Mayor Hall called the meeting to order at 5:00 p.m. and the Estes Park Housing
Authority (EPHA) Board of Directors introduced themselves.
Joint Study Session with the Estes Park Housing Authority Board of Directors.
Administrator Machalek stated the joint study session was scheduled to discuss Fall
River Village and SkyView and the short, medium, and long-term goals of the EPHA.
Executive Director Moulton presented an overview of the EPHA’s mission, number of
people served, number of houses and apartment units managed, funding sources to
provide housing at below-market rates, and the use of revenue from lodging taxes
approved by Ballot Initiative 6E. As of June 2026, EPHA served 319 households and a
total of 658 tenants.
Discussion ensued and has been summarized: Restated the Town Board of Trustee’s
role to appoint the members of the EPHA; questioned the definition of low to moderate
income, Director Moulton stated the United States Department of Housing and Urban
Development (HUD) defined affordable housing as costing no more than 30% of a
household’s annual gross income and the Authority broadly referred to low-income
households as those earning 80% or less of the area median income (AMI) and
moderate-income households as those earning 80% to 120% AMI; discussed the merits
of the previously declined offer to purchase the upper units and SkyView at Fall River
Village, Director Moulton stated the offer was thirty percent (30%) less than the broker
opinion of value and differed from the original EPHA business plan for the upper units
and SkyView, he noted the plan was to sell twelve (12) to fourteen (14) units in the
upper level of Fall River Village for an approximate total of $12.5 million to contribute to
paying down the debt of Fall River Village, Trustee Igel expressed concern about the
transparency of the decision process to decline the purchase offer, Trustees Lancaster
and Brown stated their agreement of the decision to decline the offer; discussed the
merits of utilizing SkyView as an event space; discussed the temporary use of SkyView
as office space for ten (10) to eighteen (18) EPHA employees, Director Moulton stated
no permanent changes to the structure would be made to accommodate the temporary
office; discussed how the Authority had expanded its focus to include the provision of
workforce and seasonal housing, Chairperson Blackhurst stated workforce housing
became a greater focus after the housing market crash in 2008; discussed the reduction
of available housing in the Estes Valley since the 1990s; and recommended referring
questions about the EPHA to Town Board EPHA liaison Trustee Lancaster or the EPHA
staff and Board directly.
Trustee and Administrator Comments and Questions.
None.
Future Study Session Agenda Items.
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RECORD OF PROCEEDINGS
Town Board Study Session Minutes dated June 9, 2026 – Page 2
It was requested and determined to further discuss Rezoning Criteria as presented at
the May 26, 2026 Study Session at either a future study session or a regular meeting of
the Town Board as a Report and Discussion item.
There being no further business, Mayor Hall adjourned the meeting at 6:42 p.m.
___________________________________
Stephanie Bramwell, Recording Secretary
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The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Laura Blevins, Grant Specialist
Paul J. Fetherston, Internal Services Director
Department: Internal Services
Date: June 23, 2026
Subject: Approving a First Amendment to the Intergovernmental Agreement with
the Colorado Department of Public Health and Environment for the Closed
Landfill Remediation Grant Program for Remediation at the Estes Park
Closed Landfill
Type: Grant
Objective:
Approval of a First Amendment to the Intergovernmental Agreement with the Colorado
Department of Public Health and Environment (CDPHE) for the Closed Landfill
Remediation Grant Program for remediation at the Estes Park Closed Landfill.
Present Situation:
The Town’s Power and Communication storage facility located at 640 Elm Road is
partially constructed over a closed landfill. A 2017 third-party engineering evaluation
identified concerns regarding the stability of the subgrade beneath the facility’s
foundational slab. Repairs were deferred at the time due to cost. The Town continues
to monitor methane levels at the storage facility in compliance with CDPHE
requirements.
To address these issues, the Town applied for and was awarded $332,051 through the
CDPHE Closed Landfill Remediation Grant Program Cycle #3 to stabilize the subgrade
below the facility’s foundation and potentially install an automated methane monitoring
system.
In April 2026, the Town Board approved an Intergovernmental Agreement (IGA) with
CDPHE for Grant Cycle #2for separate landfill mitigation improvements. CDPHE has
since indicated that the Cycle #3 award will be administered as an amendment to the
existing IGA.
Proposal:
Authorize the Mayor to execute CDPHE Closed Landfill Remediation Grant Agreement
Amendment #1 for foundation stabilization work at the Power and Communication Elm
Road storage facility in the amount of $332,051.
Advantages:
• Secures external funding for critical foundation stabilization that would otherwise be
financially challenging.
• Advances necessary repairs to maintain structural integrity and prevent more costly
future damage.
• Supports compliance with landfill regulations and reduces liability risks.
• Aligns with Strategic Plan-2.H – Public Safety, Health and Environment.
• No local funding match is required.
Disadvantages:
• Requires staff resources across Internal Services, Finance, and Town Attorney’s
Office to manage compliance, administration and reporting. However, current staff
capacity is sufficient to meet these requirements.
• Potential for cost overruns beyond grant funding; staff would evaluate scope
adjustments if necessary.
Action Recommended:
Staff recommend approval of Resolution 74-26.
Finance/Resource Impact:
No local funding match is required. Project costs will be initially incurred by the Town
and reimbursed by CDPHE in accordance with grant terms.
Level of Public Interest:
There is public interest in maintaining the safe public facilities and complying with state
closed landfill regulations.
Sample Motion:
I move for the approval/denial of Resolution 74-26.
Attachments:
1. Resolution 74-26
2. Grant Application
3. Grant Agreement Amendment #1
RESOLUTION 74-26
APPROVING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT WITH THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT FOR THE CLOSED LANDFILL REMEDIATION GRANT PROGRAM
FOR REMEDIATION AT THE ESTES PARK CLOSED LANDFILL
WHEREAS, the Town owns a Power and Communication storage facility located
at 640 Elm Road which is partially situated on a closed landfill and at which the Town
continues to monitor methane in compliance with Colorado Department of Public Health
and Environment (CDPHE) requirements; and
WHEREAS, following an engineering evaluation there are concerns regarding
the stability of the ground beneath the building’s foundation; and
WHEREAS, the Town applied for and was awarded funding in the amount of
$332,051 through CDPHE’s Closed Landfill Remediation Grant Program (Cycle #3) to
support foundation stabilization and potential installation of an automated methane
monitoring system; and
WHEREAS, the Town Board previously authorized an Intergovernmental
Agreement (IGA) with CDPHE in April 2026 for its Closed Landfill Remediation Grant
funding Cycle #2 for other landfill mitigation improvements; and
WHEREAS, CDPHE has determined that the Cycle #3 grant funding will be
administered as Amendment #1 to the existing IGA; and
WHEREAS, the Town Board finds that acceptance of this funding and execution
of the amendment is in the best interest of the Town, and supports public safety, health
and the environment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the CDPHE Closed
Landfill Remediation Grant Agreement Amendment #1 as referenced in the title of this
resolution, in substantially the form now before the Board.
DATED this day of , 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
________________
Town Attorney
Attachment 1
Attachment 2
Amendment Agreement Number: 2026*3365 AMD #1 Version: 11.2024
State of Colorado Grant Agreement Modification
Grant Agreement Amendment #1
State Agency
Colorado Department of Public Health and
Environment
Grantee
Town of Estes Park
Grantee UEI
KNMKSMB6JNW5
Original Agreement Number
2026*3365
Amendment Agreement Number
2026*3365 Amendment #1
Agreement Performance Beginning Date
May 20, 2026
Current Agreement Expiration Date
June 30, 2027
Fund Expenditure End Date
June 30, 2027
Current Agreement Maximum Amount
Initial Term
05/20/2026 -06/30/2026 $93,978.00
Extension Terms
07/01/2026 -06/30/2027 $332,051.00
Total for all Years $426,029.00
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A, Statement of Work.
2.Exhibit D, Budget.
In the event of a conflict of inconsistency between this Agreement and any Exhibit or attachment,
such conflict or inconsistency shall be resolved by reference to the documents in the following
order of priority:
1.Exhibit F, HIPAA BAA
2.Exhibit D, Federal Provisions
3.Colorado Special Provisions in §18 of the main body of this Agreement.
4.The provisions of the other sections of the main body of this Agreement.
5.Exhibit A, Statement of Work.
6.Exhibit E, PII Certification
7.Exhibit B, Sample Option Letter.
8.Exhibit C, Budget.
Page 1 of 4
Attachment 3
Amendment Agreement Number: 2026*3365 AMD #1 Version: 11.2024
The Parties hereto have executed this agreement
Each person signing this Amendment represents and warrants that the signer is duly authorized
to execute this Amendment and to bind the Party authorizing such signature.
Grantee
Town of Estes Park
_______________________________________
By: Gary Hall, Town Mayor
Date: ______________________
Approved as to Form:
_______________________________________
By: Dan Kramer, Town Attorney
Date: ______________________
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and
Environment
Jill Hunsaker Ryan, MPH, Executive Director
_______________________________________
By: Chelsea Gilbertson, Procurement &
Contracts Director
Date: _______________________
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
_____________________________________________________________________________
By: Kurt Williams, Controller
Amendment Effective Date: ______________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by
the State Controller or an authorized delegate.
Page 2 of 4
Amendment Agreement Number: 2026*3365 AMD #1 Version: 11.2024
1.Parties
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover
Page for this Amendment (The “Agreement”) is entered into by and between the Grantee, and the
State.
2.Terminology
Except as specifically modified by the Amendment, all terms used in this Amendment shown on the
Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between
the Grantee, and the State
3.Amendment Effective Date and Term
A.Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall
have no obligation to pay Grantee for any Work performed or expense incurred under this
Amendment either before or after of the Amendment term shown in §3.B of this
Amendment.
B.Amendment Term
The Parties’ respective performances under this Amendment and the changes to the
Agreement contained herein shall commence on the Amendment Effective Date shown on
the Signature and Cover Page for this Amendment or July 1, 2026, whichever is later and
shall terminate on the termination of the Agreement on June 30, 2027.
4.Purpose
The purpose of this amendment is to extend until June 30, 2027 and add funding for Fiscal Year
2027.
5.Modification
The Agreement and all prior amendments thereto, if any, are modified as follows:
A.The Agreement Initial Agreement Expiration Date on the Agreement’s Signature and Cover
Page is hereby deleted and replaced with the Current Agreement Expiration Date shown
on the Signature and Cover Page for this Amendment.
B.The Agreement Maximum Amount field on the Agreement’s Signature and Cover Page is
hereby deleted and replaced with the Current Agreement Maximum Amount field shown
on the Signature and Cover Page for this Amendment.
Page 3 of 4
Amendment Agreement Number: 2026*3365 AMD #1 Version: 11.2024
C.The Parties now agree to modify Exhibit A-Statement of Work of the agreement. Exhibit A-
Statement of Work is deleted and replaced in its entirety with Exhibit A-Statement of
Work, attached to this Amendment.
D.The Parties now agree to modify Exhibit D- Budget of the agreement. Exhibit D- Budget is
deleted and replaced in its entirety with Exhibit D- Budget, attached to this Amendment.
6.Limits of Effect and Order of Precedence
This Amendment is incorporated by reference into the Agreement, and the Agreement and all
prior amendments or other modifications to the Agreement, if any, remain in full force and
effect except as specifically modified in this Amendment Except for the Special Provisions
contained in the Agreement, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the
Agreement or any prior modification to the Agreement, the provisions of this Amendment shall
in all respects supersede, govern, and control. The provisions of this Amendment shall only
supersede, govern, and control over the Special Provisions contained in the Agreement to the
extent that this Amendment specifically modifies those Special Provisions.
Page 4 of 4
Page 1 of 3
Amendment Agreement Number: 2026*3365 AMD#1
Exhibit A, Statement of Work
Contract 2026*3365 AMD#1
These provisions are to be read and interpreted in conjunction with the provisions of the contract
specified above, as amended.
I.Entity Name: Town of Estes Park
II.Project Description
This environmental and health project serves to provide grant funds to eligible local governments
to help pay the costs of environmental remediation, mitigation efforts, and management of closed
landfills that are owned by the eligible local governments in order to protect the public health,
safety, and welfare and the environment within the community surrounding the closed landfill.
During the 2023 legislative session, the Colorado General Assembly passed House Bill 23-1194,
codified at Section 30-20-124 of the Colorado Revised Statutes (C.R.S.), creating the Closed Landfill
Remediation Grant Program (grant program) within the Colorado Department of Public Health and
Environment (CDPHE or the Department). Eligible local governments will use the grant funds on
eligible costs under the grant program.
III.Definitions
1.CDPHE PM: CDPHE Program Manager (Taylor Pierce – CDPHE)
2.Fiscal year: July 1 – June 30
3.Solid Waste Permitter: The permitter assigned to the closed landfill within the Solid Waste
Permitting Unit of the Hazardous Materials & Waste Management Division within CDPHE
4.SOW: Statement of Work
5.Estes Park Landfill Monitoring and Methane Mitigation Plan: “Monitoring and Mitigation Plan”
approved as amended or replaced and approved by CDPHE
IV.Work Plan
Goal #1: To improve the quality of the environment and public health for the citizens of
Colorado by continuously improving our efforts to ensure proper management of hazardous
materials and waste.
Objective #1: No later than the expiration of the contract, maintain the quality of the
environment and public health in Colorado by improving the existing conditions of the closed
landfill.
Primary Activity #1: The Contractor shall attend a Post Award Communication Meeting.
Primary Activity #2: The Contractor shall record measurements of methane from the methane
monitoring network.
Primary Activity #3: The Contractor shall evaluate the existing methane vent system.
Primary Activity #4: The Contractor shall mitigate potential exposure to methane to on-site
receptors and adjacent off-site properties.
Primary Activity #5: The Contractor shall create reports and plans as requested by the CDPHE
Solid Waste Permitter.
Exhibit A
Page 2 of 3
Amendment Agreement Number: 2026*3365 AMD#1
Primary Activity #6: The Contractor shall create the following:
1. Quarterly Progress Reports, and
2. Annual Progress Report.
Primary Activity #7: The Contractor shall complete stabilization of the warehouse floor at 640
Elm Road.
Primary Activity #8: The Contractor shall install a methane monitor and perform monitoring
within the warehouse at 640 Elm Road.
Standards and Requirements
1. The content of electronic documents located on CDPHE and non-CDPHE websites and
information contained on CDPHE and non-CDPHE websites may be updated periodically
during the contract term. The contractor shall monitor documents and website content for
updates and comply with all updates.
2. The CDPHE PM will schedule a Post Award Communication Meeting no later than thirty (30)
business days after contract execution.
3. The Contractor shall comply with current and future Estes Park Landfill Monitoring and
Methane Mitigation Plans. The Estes Park Landfill Monitoring and Methane Mitigation Plans
are incorporated and made part of this contract by reference.
4. The Contractor shall submit Quarterly Progress Reports on the template provided by the
CDPHE PM. The Quarterly Progress Reports shall include:
a. A summary of work completed and in progress during the reporting period, and
b. A summary of work planned for the next reporting period.
5. The Contractor shall submit the Annual Progress Report on the template provided by the
CDPHE PM. The Annual Progress Report shall include:
a. A summary of work completed during the contract period, and
b. A summary of work not completed during the contract period.
6. The CDPHE PM will provide the Contractor with the Quarterly and Annual Progress Report
templates via email no later than 30 business days from the contract effective date.
Expected Results of Activity(s)
1. Improve the mitigation of exposure to contamination from the closed landfill.
Measurement of Expected Results
1. Monitoring, evaluation, and mitigation information in reports submitted to the CDPHE Solid
Waste Permitter.
2. Progress reporting in Quarterly Progress Reports and Annual Progress Report.
Deliverables
Description Completion Date
1. The Contractor shall submit
Quarterly Progress Reports to the
CDPHE PM via email.
No later than 15 days of the close of each quarter for the
first three quarters of the fiscal year, no later than 15 days
prior to the end of the fourth quarter of the fiscal year, not
to exceed the expiration date of this contract.
. The Contractor shall submit one
(1) Annual Progress Report to the
CDPHE PM via email.
No later than 30 days prior to the expiration date of this
contract.
Exhibit A
Page 3 of 3
Amendment Agreement Number: 2026*3365 AMD#1
V. Monitoring
CDPHE’s monitoring of this contract for compliance with performance requirements will be
conducted throughout the contract period by the CDPHE PM. Methods used will include a review
of documentation determined by CDPHE to be reflective of performance to include field and office
records demonstrating the activity has been completed (sample forms, boring logs, development
logs, laboratory reports, inspection forms, maintenance summaries, email transmitting the report
to the CDPHE Solid Waste Permitter), progress reports, invoice documentation, and other fiscal
and programmatic documentation as applicable. The Contractor’s performance will be evaluated
at set intervals and communicated to the Contractor. A Final Contractor Performance Evaluation
will be conducted at the end of the life of the contract.
VI. Resolution of Non-Compliance
The Contractor will be notified in writing within ten (10) calendar days of discovery of a compliance
issue. Within fifteen (15) calendar days of discovery, the Contractor and the State will collaborate,
when appropriate, to determine the action(s) necessary to rectify the compliance issue and
determine when the action(s) must be completed. The action(s) and timeline for completion will
be documented in writing and agreed to by both parties. If extenuating circumstances arise that
require an extension to the timeline, the Contractor must email a request to the CDPHE PM and
receive approval for a new due date. The State will oversee the completion/implementation of the
action(s) to ensure timelines are met and the issue(s) is resolved. If the Contractor demonstrates
inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its
rights under the provisions of this contract.
Exhibit A
Page 1 of 2 Amendment Agreement Number:2026*3365 AMD#1
Exhibit D, Budget
Contract 2026*3365 AMD#1
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified
above.
1.The Budget for this contract shall not exceed $426,029.00
2.The Budget for this contract shall be composed of the following expenditure categories:
A.Personal services
B.Supplies & operating expenses
C.Travel
D.Contractual
E.Total costs with de minimis indirect cost rate: 15%
3.The budget for this project will be as follows:
A.Personal services
Title Original Contract
Estimated Cost
Fiscal year 2026
Amendment 1
Estimated Cost
Town staff time $6,720.00 $2,240.00
Estimated Cost
Fiscal year 2026
Amendment 1
Estimated Cost
Methane monitor and supplies $0.00 $6,500.00
Estimated Cost
Fiscal year 2026
Amendment 1
Estimated Cost
Estimated Cost
Fiscal year 2026
Amendment 1
Estimated Cost
Methane vent system evaluation and reporting $5,000.00 $0.00
Methane monitoring and reporting $5,000.00 $0.00
Methane mitigation and reporting $65,000.00 $0.00
Structural engineer services and stabilization $0.00 $280,000.00
Exhibit D
Page 2 of 2 Amendment Agreement Number:2026*3365 AMD#1
E.Total costs
Expenditure category Original Contract
Estimated Cost
Fiscal year 2026
Amendment 1
Estimated Cost
Personal Services $6,720.00 $2,240.00
Supplies & Operating Expenses $0.00 $6,500.00
Travel $0.00 $0.00
Contractual $75,000.00 $280,000.00
de minimis indirect cost rate: 15% $12,258.00 $43,311.00
Exhibit D