HomeMy WebLinkAboutTB Study Session 2013-04-09
Town of Estes Park, Larimer County, Colorado, April 9, 2013
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
Rooms 202/203 in said Town of Estes Park on the 9th day of April,
2013.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig,
Norris and Phipps
Also Attending: Town Administrator Lancaster, Town Attorney White and
Town Clerk Williamson
Absent: Mayor Pinkham and Assistant Town Administrator
Richardson
Mayor Pro Tem Blackhurst called the meeting to order at 4:30 p.m.
FUTURE AGENDA ITEMS
The Board requested the April 23, 2013 agenda include the discussion on the feasibility
of a performing art theater as outlined in the FOSH agreement. If the Board determines
it is not feasible, the Town would be required to distribute the funds per the FOSH
agreement.
Mayor Pro Tem Blackhurst requested staff limit the number of special meetings and
perhaps reconsider the order of study session items instead of holding additional
meetings. Town Administrator Lancaster stated staff would limit meetings to study
sessions prior to Town Board meetings and limit the number of special meetings.
TOWN BOARD MEETING PROCEDURES/TOOL BOX.
Limiting speaker time
The Board discussed the need to manage the meetings by addressing speakers that
stray off topic; however the Board decided not to limit public comment. Sign in sheets
would be used for items in which large public turnout is anticipated.
Trustee Koenig joined the meeting at 5:03 p.m.
Board Committee Appointment Process
The Board discussed the process and stated the importance in interviewing applicants
to determine skills and interest not outlined in the application. Staff would develop a
written appointment process for the Board to consider.
EMPLOYEE RETIREMENT PLANS
Administrative Services was requested to review the retirement benefits for all Police
personnel because an inequity was perceived. Through the review it was determined
the percentages paid by the Town to individual PERA and ICMA accounts has not been
consistent. With the downturn in the economy beginning in 2005, PERA began to have
financial issues which had significant effects on its structure and contributions from
2006 – 2010. During this timeframe ICMA contributions by the Town were not updated
to keep pace with the changes to PERA, therefore, by 2011 there was a 4.5% difference
in the contribution for PERA covered employees versus ICMA employees. In 2011,
Administration took a step towards closing the gap on these inequities by approving a
change to the ICMA contributions: Management from 10% to 13.7% and Police from
Town Board Study Session – April 9, 2013 – Page 2
9.2% to 11.10%. Staff would recommend the Town contribute the same amount to
each employee’s retirement plan moving forward. PERA employer contribution rates
are set by PERA and may not be modified by the employer, therefore, it is
recommended the Town adopt a policy to contribute to all employee retirement plans at
the rate established by PERA. Staff would also recommend the Town retroactively
contribute to the Police employee ICMA retirement plans at the 13.7% rate starting
January 2011.
The Board requested staff review the tax implications with providing retroactive
payments outside of tax years that have already closed; any retro pay should address
all individuals working for the Town as of January 1, 2011 including individuals that have
left employment with the Town, identify the total cost to the Town and how would it be
funded, and the Board supports the equal retirement contribution for all employees.
Municipal Code Updates and Leak Policy
Director Bergsten stated the Water department has been in the process of reviewing
business operations and revising the Municipal Code to address irrelevant language
regarding the Tabor Act, separate connections required to allow flexibility of service line
design on Townhomes, adding a section to allow the Water department to shut service
off to clarify the department’s authority to operate the customer’s service valve, and
clarify the need for the customer to provide access to the water meter. Staff seeks input
from the Board on the discontinuance, termination and abandonment of service. The
current code language allows water service to be revoked and allows water service
charges to be collected through a lien on the property, insuring the recovery of
delinquent charges.
Board comments have been summarized: questioned why the discontinued service
would be at the owner’s expense; the tap should run with the land and not the property
owner as it adds value to the land; and a policy on when and how the Town places liens
on a property should be developed.
Water Leak Adjustment Policy
The Town’s current practice has been to provide bill adjustments to customers who
experience a water leak at 100%. Staff would recommend reviewing this practice to
consider fairness, financial responsibility, conservation responsible maintenance and
administrative simplicity. There are no standard for leak policies from utility to utility. A
standard policy would provide staff with a mechanism that ensures equality for all rate
payers. Staff would suggest a policy that is easily understood, simple to compute,
provides enough detail to avoid being arbitrary and capricious, provide room for
interpretation on a case-by-case basis, avoid procedural details, and be fair to both the
leak applicant and the other rate payers. A 2011 Master’s Thesis by Rick Selin
surveyed 112 utilities around the country and developed recommendations on how to
address water leak policies including eligibility, adjustment period, adjustment
frequency, adjustment credit cap and adjustment credit calculation. Recommendations
included requiring a receipt for a repair, proof the insurance company would not cover
the utility bill, adjustments within 6 months of the leak discovery date, subsequent
consumption returns to normal levels, leak consumption must be a minimum of three
times higher than the class average, bulk water accounts would be excluded,
adjustment period would be limited to two billing periods, one adjustment every 60
months, no cap on credit cap, and leak payments could be based on three options 1)
raw material costs/incremental costs, 2) split the leak 50/50 or 3) 100% leak credit.
Trustee comments included: the need to change current practices of bleeding over 3
million gallons of water per year before addressing a new policy; the amount forgiven
over the past 10 years is minimal and not an undue burden per rate payer; the policy
should address leaks rather than the negligence of water left on; CML offers a leak
insurance policy that the Water department could make customers aware of, there
should be proof provided of a repair in order to forgive the bill; and the bill should be
forgiven minus the class average.
Town Board Study Session – April 9, 2013 – Page 3
The revised policy would be forwarded to the Public Safety, Utilities and Public Works
Committee for review and then forward to the Town Board for adoption.
There being no further business, Mayor Pro Tem Blackhurst adjourned the meeting at
6:40 p.m.
Jackie Williamson, Town Clerk