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HomeMy WebLinkAboutPACKET Town Board Study Session 2016-03-08 Tuesday, March 8, 2016 TOWN BOARD 4:30 p.m. – 6:40 p.m. STUDY SESSION Rooms 202/203 4:30 p.m. Smart Metering Presentation. (Director Bergsten & Excergy VP Lynn Adams) 5:10 p.m. Dinner Served. 5:20 p.m. Code Changes for Vacation Rentals of Eight or Less. (Planner Kleisler) 6:00 p.m. Mayor & Trustee Compensation. (Town Clerk Williamson) 6:15 p.m. Trustee & Administrator Comments & Questions.  Update on Annexation Policy. 6:25 p.m. Future Study Session Agenda Items. (Board Discussion) 6:40 p.m. Adjourn for Town Board Meeting. Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 4:15 p.m. AGENDA ADVANCED METERING INFRASTRUCTURE (AMI) STAKEHOLDER ENGAGEMENT “In this age, in this country, public sen5ment is everything. With it, nothing can fail; against it, nothing can succeed.” - Abraham Lincoln Agenda • Project Update & Status • Engagement Background & Strategy • Strategy Related to Specific Topics • Engagement Plan Overview • Next Steps & Discussion Purpose: Briefing on AMI project to provide an update on background and status, as well as discuss overall approach and direc5on of the AMI Stakeholder Engagement Plan. 2 PROJECT UPDATE & STATUS Phased Project Plan Meter Solution & Approach • Purpose: Improve Service Reliability & Quality • Automatic Meter Reading (AMR) – “Drive-by” – AMR meters in place since late 1990’s – Meters are reaching their useful life span • Advanced Metering Infrastructure (AMI) – Tantalus AMI meters, which can read existing AMR meters installed over past 20 years – The remainder of the meters will replace all AMR meters over approximately the next decade (~1200/ year) Three Project Phases • Phase 1: Pilot • Final work being completed • Phase 2: Limited AMI Deployment • Selectively located AMI meters read the entire service territory • Phase 3: Scheduled Replacement • AMR meters are replaced with AMI meters over time with full replacement within the next decade 5 Phase 1: AMI Pilot Announced • Press Release 9/28/15 • Website – Basic information & links – Factual & forthright tone Phase 1/AMI Pilot: Finishing & Objectives Accomplished • 70 AMI Meters in Estes Valley Read ~3000 AMR Meters (electric & water) – 24 residential; others in public areas/town buildings – 200 meters will read ~5000 in Estes Valley • Utility Staff Installing Meters • Individualized Outreach During Pilot – Customer call; door knock – Individual attention to those with questions • Tested Various Factors – Billing accuracy – Meter installation process; location of AMI meters for maximum benefit – System integrations • Identified Next Step Items – Formalize project management approach – Expand stakeholder engagement 7 Phase 2/Limited Deployment Overview 8 Area Target Comple.on 1. Estes Valley Q4 2016 2. Allenspark Q2 2017 3. Pole Hill/ Hwy 36 Q4 2017 4. Hwy 34 Q1 2018 5. CR43/Glen Haven & The Retreat Q4 2018 AMI meters read the enOre service area. Enhanced service benefits realized. Customer saOsfacOon levels are maintained or improved. Costs covered by the UOlity Department through regular budget process. Stakeholder engagement conducted according to plan. ENGAGEMENT BACKGROUND & STRATEGY National Perspective & Estes Park Approach Stakeholder Engagement: Constituencies 10 Lessons Learned: Stakeholder Engagement • Build on Existing Practices & Approach – Opportunity to expand SE methods • Based on Overall Strategy • Two Phases – Meter deployment & customer-enablement • Timing of Communications Matters • Proactive, Consistent Information – Price / Privacy / Health / Safety 11 "New technology? Bring it on!" "Too busy to care." "You go first, then just maybe..." "No way; no how." • Clear Responsibility/Leadership • Meter Options De-fuse Opposition – High-touch escalation procedures 11 Stakeholder Engagement 12 • Based on Strategy • Consistent with direcOon & voice • Meter installs/opOons • Builds from Customer Benefits • Addresses Key Topics of Concern • Price/privacy/health/safety Timely Trans- parent Truthful • Aligns with Project Phases • If Applicable: Promotes New Features/Drives AdopOon • Customer portal, Demand Response, others • Leverages/Expands ExisOng Approaches National Research: Importance SGCC Consumer Pulse Wave 5. 13 National Segmentation Research SGCC Consumer Pulse Wave 5. 14 Estes Park Data: Citizen Survey • Strong par5cipa5on for “Educa5on & Enrichment” and “Community Engagement:” - AKended/watched a public mee5ng; Contacted elected officials; Campaigned for an issue, cause • Drinking water (90%) and power (88%) enjoy high sa5sfac5on ra5ngs. • Census data shows older, more highly educated, higher income, lower diversity. • An important opportunity for engagement and posi4ve sen4ment to uphold. 15 Alignment: Town Strategic Direction • Vision: The Town of Estes Park will enhance our position as a premier mountain community. • Mission: 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. • Goals: Public Safety, Health & Environment – Implement projects and policies which promote sustainability, to improve the quality of the environment. 16 Communica5ons also will align with the principles and support the goals of your General Communica5ons Plan. Smart Meters Deliver Benefits 17 Smart Meters: Upgrading to Be;er Serve Our Premier Mountain Community Enhances Service: Shorter Outages / Beger Customer Service Enhanced reliability –Remote/automated outage detecOon; faster response. ParOcularly useful for second home owners. Beger power quality – voltage monitoring. OperaOonal excellence; improved system efficiency. Increased crew producOvity. Water leak detecOon. Enhanced water system modeling (e.g. fire flow, maximum day demand). Helps the Environment: Decreased Emissions Fewer truck rolls. Sustainability/CO2 reducOon. Water leak detecOon. Beger integraOon of renewables. Taps into Technology: Planorm for the Future Backbone of the smart grid – increasingly efficient, reliable, clean and safe. Benefit of future/emerging technologies (remote move in/out, voltage control, demand response, renewable/distributed integraOon) Helps the Environment: Sustainability/CO2 Reductions* 18 * Using EPA greenhouse gas equivalencies calculator based on esOmates of 17,000 miles per year traveled for meter reading and final reads. Vehicle travel avoided through AMI meters when Phase 2 is complete will result in saving the annual equivalent CO2 emissions from: And the greenhouse gas emissions from: STRATEGY RELATED TO SPECIFIC TOPICS Strategy Related to Specific Topics • Meter Options • Privacy – Personal habits – Data privacy • Safety • Health • Price/Cost Impacts • Escalation Process – Applies to meter installation and concerns 20 Meter Options • Meter Options – What are my choices/costs if I don’t want a smart meter? • Background/Approach – Offering an option addresses concerns – Minimal uptake nationally (<1%) – Keep current AMR meter • Until scheduled preventative maintenance replacement required – Restate benefits of standard/smart meter 21 Personal Privacy • Personal Privacy – Will utility/others know what I’m doing? What devices I’m using? • Background/Approach – Meters data transmits usage only, not specific devices – Data used for monthly billing 22 Data Privacy & Access • Data Privacy – Who else will be able to see my data? – How will they use it? • Background/Approach – "Packets are fully encrypted using latest encryption technology” • Tantalus statement – Utilities only uses data for billing purpose – Adhere to existing open records request & privacy/red flags rules 23 Safety • Electric Meters – I’ve heard of some meter fires; are they safe? • Background/Approach – Meter fires occur for multiple reasons (e.g., meter sockets, house wiring) – Publicized AMI-related case was the result of one vendor’s design; not in use at Estes Park – Meter socket inspections being conducted on installation 24 Health • Health – What are the impacts of smart meters on health? – I read online (or hear from my neighbors) that they may have health impacts; do they? • Background/Approach – Primary concern raised (minimal - <1% nationally) – Third-party studies (e.g., CCST) – Factual and forthright information 25 Health-Related Facts 26 With over 25,000 arOcles published on the topic over the last 30 years, scienOfic knowledge in this area is now more extensive than for most chemicals. Specifics: Estes Park AMR & AMI Meters 27 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 FCC Limit Itron R300LP Itron R300HP TUNet mW/cm2 0.000052 0.00012 0.0000203 Meter Type 0.601 AMR Meters (Itron) AMI Meters (Tantalus) AMR & AMI Meters Significantly Lower Radio Frequency (RF) Exposure than FCC Limit and Other Common Household Devices such as cell phones. Price/Cost Impacts • Price/Cost Impact – Will the new meters make my bill higher/my rates increase? • Background/Approach – Funded by usual meter upgrade and maintenance budget – Awareness regarding weather impacts, which can impacts bills 28 ENGAGEMENT PLAN OVERVIEW Meter Installation 4-3-2-1 Engagement Cadence 30 4: By 4 - 8 months, finalize overall install comms strategy and schedule; develop/approve materials. Add to website and other background resources. 3: At 3 months, educate employees and inform community leaders; ramp up community awareness building. 2: At 2 months, engage the target community broadly via general educaOon and awareness. Finalize escalaOon process. 1: At 1 month or less, noOfy individual customers and impacted parOes, as applicable. Post- noOficaOon following install (e.g., door hanger). Engagement Practices 31 • Planned/Consistent Approach • Leverages Current CommunicaOons PracOces • Opportunity to expand • All Methods/All Channels • Internal CommunicaOons • Aware & prepared to assist customers Specific Estes Park Methods • One-on-One Support – Call Handling Representatives – Field Personnel – High-touch escalation procedures • Print Media – Postcards; door hangers – Bill inserts/On-bill messaging – Newsletters • Electronic & Social Media – Website as a core resource; includes FAQs – Email blast; E-newsletter – Twitter and Facebook • Videos – Overview/how it works, what to expect during installation, RF • Public Relations – Media Relations – Speakers’ Bureau (engagement/presentations to groups) • Community Event Participation 32 Estes Park – Commitment to Customers • 3T’s Customer Engagement – National best practice – Clear and accessible information provided – Personalized interaction to address questions • Phase 1/Pilot – Set stage – Individual call handling and addressing questions • Phase 2/Limited Deployment – Enhance & formalize stakeholder engagement Continuation of commitment to customers • Phase 3/Scheduled Replacement – Standard upgrade processes/business as usual 33 Next Steps • Further Discussion • Finalize Stakeholder Engagement Plan • Implement Limited Deployment & Scheduled Replacement as Directed by Project Schedule Thank you! 34 COMMUNITY DEVELOPMENT Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Philip Kleisler, Planner II Date: March 9, 2016 RE: Code Changes for Vacation Rentals of Eight & Less Objective: This is a brief update summarizing: 1. The Planning Commission’s discussion about a draft ordinance for vacation homes with an occupancy under eight (8); 2. A revised staff recommendation regarding annual reviews of vacation home licenses. Present Situation: This project began in mid-2015 to examine current processes and ordinances to ensure there is a balance between private property rights and the protection of neighborhood character. Following a series of public forums the County Commissioners, Town Board and Estes Valley Planning Commission held a joint work session on February 2, 2016 to discuss various components of this project. At that joint meeting the group provided the following direction to staff: 1. Annual Operating Permit Limit: The boards asked the Planning Commission to review a possible Valley-wide limit on the total number of Annual Operating Permits for vacation homes. The Planning Commission opted not to recommend any limit on the number of permits. 2. Neighborhood Communication: The board generally agreed with the communication strategies included in the ordinance. At their February hearing the Planning Commission made some minor changes to the text that does not have bearing on overall policy. 3. Enforcement: The boards discussed a possible intergovernmental agreement between the Estes Park Police Department and Larimer County Sherriff’s Office to enforce certain laws in the unincorporated Estes Valley. Those conversations are ongoing at this time. 4. Vacation Homes Hosting Parties Greater Than Eight: The boards directed staff to coordinate a citizen task force to provide a recommendation about potentially allowing vacation homes to host parties greater than eight. Work on the task force is now underway. 5. Annual Permit Review: The boards reviewed a handout detailing an annual review for vacation home permits, which included a neighbor comment period. Since this meeting Town staff and the Town Attorney have reviewed operational aspects of this policy and due to various constraints, is recommending an alternative approach (detailed below). The Planning Commission was supportive of this revised concept. Proposal: Annual Renewal The attached draft ordinance reflects input received by the Planning Commission during their February meeting. Staff is presenting this draft ordinance to the County Commissioners and Town Board prior to the March 30 adoption because a component of the recommendation has changed: review and comment period for annual license renewals. The boards generally agreed with the concept of an annual review of operating permits. This concept, briefly discussed at the joint session, included an annual mailing to all property owners adjacent to vacation homes for a comment period (Attachment 2). An objection by a neighbor would generally lead to a review at a public hearing. Following the joint meeting Town staff began reviewing implementation details and developed an alternative policy that is within the capacity of existing staffing levels. The revised approach utilizes existing enforcement remedies of the Estes Valley Development Code (EVDC): • Annual Renewals: The Community Development Director may deny or withhold a vacation home permit during the annual renewal process until a violation is corrected or resolved in court. Such a decision would implement an existing regulation (§12.4.A.1) and is appealable to the County Commissioners or Town Board. There will be no mass mailing to all neighbors of a vacation home. Rather, this approach seeks to address vacation homes with a confirmed violation. • Permit Revocation Throughout the Year: The Community Development Director may call a public hearing to revoke a vacation home permit pursuant to §12.4.A.1. This would involve a notice and comment period for nearby neighbors of the vacation home. In summary, this revised recommendation relies on confirmed violations on the site prior to initiating any review of the permit. Once a violation is confirmed, this approach will generally utilize existing enforcement remedies to gain compliance. Enforcement Procedures Chapter 12 of the EVDC, Enforcement and Penalties, establishes the various types of land use violations and subsequent enforcement steps staff must take. All non- emergency matters currently require a 15-day window for the property owner to correct the violation. Vacation homes are a relatively new transient land use with different renters every few days. In most cases the alleged violators have left the rental within that 15-day window. The draft ordinance allows the Code Compliance Officer to shorten the 15-day window by replacing the word “shall” with “may”. The ordinance also lists the local contact as being able to receive such notices. Neighborhood Communication A central theme staff has heard throughout the public process has been the need for better communication among a vacation home owner and surrounding property owners. The EVDC does not currently require any neighborhood notification throughout the licensing process. The draft ordinance seeks to improve communication among the various groups involved in vacation home rentals: 1. Renters. §5.1.B.1.d(1) requires an internal posting containing, at a minimum, the contact information for the property manager or owner, the maximum number of occupants and vehicles; water and gas shutoff locations; quiet hours; and information about refuse disposal. 2. Code Compliance Staff. §5.1.B.1.d(2) requires a reference to the property’s license number with all online listings. 3. Neighboring Properties. §5.1.B.1.d(3) requires that written notice be mailed to nearby neighbors providing the name and contact information for property manager and/or owner. A-Accommodations Zone Throughout the review staff and the Town Attorney identified a discrepancy in the existing regulations that should be corrected. Currently, Vacation Homes are prohibited in the A Accommodations district. This is confusing to the development and real estate community because similar uses (single family home, cabins) are permitted. The draft ordinance corrects this by permitting Vacation Homes in the A district. Upcoming Dates The table below outlines the major upcoming meetings for this project. Table 1. Key upcoming dates. Date Description March 15 Planning Commission recommendation of draft ordinance. March 30 Town Board & County Commission concurrent hearing to adopt final ordinance. Advantages: • A benefit to the revised enforcement strategy is that it implements existing enforcement regulations and relies on confirmed violations. • Strengthening neighborhood communication through §5.1.B.1.d Posting of the draft ordinance seeks to strengthen communication among vacation homes owners and area neighbors. Disadvantages: • §5.1.B.1.d Posting of the draft ordinance will require additional efforts of the vacation home owner. However, increased communication to renters and neighbors may ultimately decrease time spent on nuisance issues. Action Recommended: Staff is requesting any feedback the board may have prior to the Planning Commission reviewing the final ordinance on March 15. Budget: N/A Level of Public Interest: High. Most public meetings have attracted a high number of people. Staff is also receiving consistent written and verbal comments on the topic. Attachment: 1. Draft Ordinance 2. February 2, 2016 Handout 3. EVDC Chapter 12, Enforcement and Remedies §5.1 SPECIFIC USE STANDARDS B. Bed and Breakfast Inn and Vacation Home. (Ord. 02-10 §1) 1. General Applicable Standards. All bed and breakfast inns and vacation homes shall be subject to the following (see §5.1.B.2 and §5.1.B.3 for additional regulations): a. Annual Operating Permit. (1) Permit Required. All bed and breakfast inns and vacation homes shall obtain an operating permit on an annual basis. If the property is located within Town limits, the business license shall be considered the permit. If the property is within the unincorporated Estes Valley, a permit shall be obtained from the Town of Estes Park Town Clerk's Office. (2) Local Contact. The permit shall designate a local resident or property manager of the Estes Valley who can be contacted and is available twenty- four (24) hours per day, with regard to any violation of the provisions of this Section. The local resident or property manager shall respond to complaints on site within thirty (30) minutes. The person set forth on the application shall be the representative of the owner for all purposes with regard to the operation of the bed and breakfast inn or vacation home. (3) State Sales Tax License. A condition of issuance of the annual operating permit shall be proof of a current sales tax license. (3)(4) Violations. The Community Development Director or relevant Decision- Making Bodies may deny or withhold the renewal of an Annual Operating Permit until an alleged violation related to such property, use or development is corrected, in accordance with §12.4.A.1. The Community Development Director or relevant Decision-Making Bodies may revoke the Annual Operating Permit at any time in accordance with §12.4.A.2. Nothing described herein shall limit the Town or County, within their respective jurisdictions, from exercising other remedies and enforcement powers pursuant to Chapter 12 of this Code. b. Estes Park Municipal Code. Properties located within the Town of Estes Park shall comply with all the conditions and requirements set forth in the Town of Estes Park Municipal Code, Chapter 5.20. c. Residential Character. Bed and breakfast inns and vacation homes shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one household. This includes, but is not limited to, the following: (1) Except in the CD district, design shall be compatible, in terms of building scale, mass and character, with low-intensity, low-scale residential use. (2) Guest rooms shall be integrated within the bed and breakfast inn or vacation home. (3) Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in the guest rooms. (4) Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room. (5) No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn or vacation home, except that one (1) wall- mounted identification sign no larger than four (4) square feet in area shall be permitted. (6) Vehicular traffic and noise levels shall not be out of character with residential use. (7) Quiet hours. Use of outdoor hot tubs or pools shall not be allowed after 10:00 p.m. d. Postings. (1) Bed and breakfast inns and vacation homes shall have a clearly legible notice posted on-site, containing at a minimum the following: (a) The physical address of the bed and breakfast inn or vacation home; (b) Name and telephone number of the local contact and property owner; (c) Maximum number of occupants and vehicles allowed; (d) Safety information, such as water and gas shut off locations; (e) Quiet hours; and (f) Refuse disposal, wildlife protection standards and domestic animal regulations. (2) Property owner or local contact of any bed and breakfast inn and vacation home shall include in all print or online advertising the vacation home rental license or permit number. (3) Neighbor Notification. Prior to issuance of initial Annual Operating Permit, the owner or local contact shall be responsible for mailing a written notice. (a) Notice shall be mailed, with certificate of mailing or other method as approved by staff, to the owners of properties within one hundred (100) feet of the subject property. (b) Notices shall provide a name and telephone number of the local contact and property owner. Any change in the local contact or property owner shall be furnished to the Community Development Director and owners of properties within one hundred (100) feet of the subject property within two (2) weeks of the change. (c) Copies of all required mailing lists and mailing certificates shall be provided to the Community Development Director prior to issuance of initial Annual Operating Permit. (d) Vacation homes legally existing as of the effective date of this code shall be required to send written notice pursuant to §5.1.B.1.D.3. d.e. Parking. (1) Minimum Required Parking. Except in the CD Downtown Commercial zoning district, the number of parking spaces available to a dwelling unit housing a bed and breakfast inn or a vacation home shall not be reduced to less than two (2). (2) Maximum Allowed Parking. Unless otherwise permitted by this Chapter parking shall comply with §5.2.B.2.e no more than three (3) vehicles shall be parked outside at any one (1) time. Vehicles enclosed within a garage do not count towards this maximum. On-street parking shall be prohibited. Refer to §5.2.B.2.f, which may further limit the number of vehicles permitted on site. e.f. Employee Housing Units. Employee housing units shall not be rented, leased or furnished for tenancies of less than thirty (30) days. (See §5.2.C.2.a). f.g. Attainable Housing Units. Attainable housing units shall not be rented, leased or furnished for tenancies of less than thirty (30) days. (See §11.4.E). g.h. Accessory Dwelling Units. Bed and breakfast inns and vacation homes shall not be permitted on residential lots containing an accessory dwelling. (See also §5.2.B.2.a, which prohibits rental of accessory dwelling units regardless of the length of tenancy). h.i. CD District. In the CD Downtown Commercial zoning district, such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue. j. Density. Only one (1) vacation home or bed and breakfast inn shall be permitted per residential dwelling unit. 2. All bed and breakfast inns shall also be subject to the following: a. Occupancy. (1) Maximum Occupancy. No more than eight (8) guests shall occupy a bed and breakfast inn at any one time. This maximum allowable occupancy shall be further limited by a maximum of two (2) guests per bedroom plus two guests. (2) Number of Parties, Bed and Breakfast Inns. Bed and breakfast inns may be rented, leased or furnished to one (1) or more parties. b. Home Occupations. Home occupations may be operated on the site of a bed and breakfast inn. Bed and breakfast inns may also offer limited ancillary services to guests, such as performing small weddings or offering classes/workshops to guests, provided they are in character with residential use. c. Meal Service. Bed and breakfast inns may provide meals service to registered guests; however, meals shall not be provided to the general public. 3. All Vacation homes shall also be subject to the following: a. Occupancy. (1) Maximum Occupancy. No more than eight (8) individuals shall occupy a vacation home at any one time. This maximum allowable occupancy shall be further limited by a maximum of two (2) individuals per bedroom plus two (2) individuals. (2) Number of Parties. Vacation homes shall be rented, leased or furnished to no more than one (1) party, occupying the vacation home as a single group. Owners of the vacation home shall not be permitted to occupy the vacation home while a party is present. b. Home Occupations. Home occupations shall not be operated on the site of a vacation home, nor shall vacation homes offer ancillary services to guests. See §5.2.B.2.d). (Ord. 02-10 §1) Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Use Classification Specific Use Nonresidential Zoning Districts "P" = Permitted by Right "S" = Permitted by Special Review "—" = Prohibited Additional Regulations (Apply in All Districts Unless Otherwise Stated) A A-1 CD CO O CH I-1 Low-Intensity Accommodations Vacation Home —P P P — — — — §5.1.B. In CD, such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue. (Ord. 02-10 §1) § 5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Accessory Use Residential Zoning District "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit Additional Requirements A A-1 CD CO O CH I-1 Vacation Home No Yes Yes No No No No §5.1.B In CD, such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue. (Ord. 02-10 § 1) (Ord. 18-01 §18; Ord. 15-03 §1; Ord 6-06 §1; Ord. 03-10 §1; Ord. 05-10 §1; Ord. 21-10 §1; Ord. 19- 11 §1 § 12.7 - ENFORCEMENT PROCEDURES Nonemergency Matters. A. In the case of a violation of this Code that does not constitute an emergency or require immediate attention, written notice of the nature of the violation shall be given to the property owner, agent, occupant, local contact or the Applicant for any relevant permit. Notice shall be given in person, or by certified U.S. Mail, or by posting notice on the premises. The notice shall specify the Code provisions allegedly in violation, and— unless a shorter time frame is allowed by this Chapter—shall may state that the individual has a period of fifteen (15) days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Code. The Board of Trustees or Board of County Commissioners, as applicable, may grant an extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the Board finds that due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within fifteen (15) days. (Ord 2-02 #3) Estes  Valley  Planning  Area  Vacation  Rentals   1  February  2016     Vacation  Rental  Existing  Code  Proposed  County  Staff  Recommendations     (Unincorporated  Area)   8  unrelated   occupants  &  below   (Low  Intensity)   An  approved  permit  is  required  for  vacation   rentals,  with  an  annual  renewal.  (No  fees  are   assessed)     No  notice  is  sent  to  surrounding  property   owners,  for  the  initial  permit  or  the  annual   renewal.     No  listing,  of  approved  vacation  rentals,  is   published/posted  on  Town  website.     Town  Clerk  is  the  approval  authority.    The  Clerk  could  revoke,  or  not  renew,  a  permit  if  the   property/use  is  not  in  compliance  with  the  Estes   Valley  Planning  Area  Land  Use  Code.   No  changes  to  the  permit  process,  other  than   establishment  of  a  fee,  is  being  proposed.        However,  Estes  staff  is  considering  a   requirement  for  the  applicant  to  send  a   notice  to  surrounding  property  owners,  prior   to  the  first  permit.     No  additional  notices  would  be  required  for   future  annual  reviews.   Permit  Process:   1) Recommend  initial  fee   2) Applicant  must  mail  a  notification  to  the  surrounding   property  owners,  with   comments  going  to  the  Town   Clerk.  3) Town  Clerk  could  refer   application  to  Planning   Commission,  for  approval,  if   surrounding  property  owners   are  objecting  to  use.  4) Also,  renewals  should  be   noticed,  before  approval  or   denial.   5) Publish/post  list  of  approved  permits  on  Town  website,  with   24-­‐  hour  contact.    Approval  is  subject  to  the  standards  found  in   Section  5.1.B  of  the  Estes  Valley  Land   Development  Code,  which  includes:     1) Off-­‐street  parking  requirements   2) Occupancy  requirements   3) Requirement  for  a  State  Sales  Tax  License   4) Retaining  a  residential  character   5) Rental  is  restricted  to  only  1  party   (group)  6) Designation  of  a  local  resident  or   property  manager,  available  24  hrs  a  day     Allow  parking  to  confirm  with  residential   districts,  which  are  more  flexible  depending   on  zone  district.    Continue  prohibition  of  on-­‐ street  parking.       Reference  Local  Marketing  District   Tax.   The  Code  Enforcement  process   should  include  “show  cause”  hearings   and  action  by  elected  bodies  to  cease   operations.    Use  is  allowed  in  all  residential  districts,  plus  the   Accommodation  A-­‐1  district,  and  the   Commercial  Downtown  CD  district.   Districts  remain  the  same,  except  the  use   would  no  longer  be  allowed  in  the  R-­‐1  district   No  additional  changes   recommended.   Attachment 2. February 2, 2016 Hanout Estes  Valley  Planning  Area  Vacation  Rentals   1  February  2016   Vacation  Rental  Existing  Code  Proposed  County  Staff  Recommendations    (Unincorporated  Area)   9  to  20  unrelated   occupants     (High  Intensity)   Not  an  allowed  use   A  special  review  or  conditional  use  approval   would  be  required.    A  fee  would  be  charged   for  the  application  review  process.   Notice,  to  surrounding  property  owners,  is   under  review  by  the  Estes  staff,  however  no   specific  recommendation  has  been  made.   Estes  staff  is  considering  a  requirement  for   the  staff  to  notice  surrounding  property   owners,  prior  to  the  processing  of  an   application.    However,  they  are  not  currently   looking  at  a  notice  for  the  annual  reviews.   Decision-­‐Making  Body:   1) Staff  shall  decide  uses  containing  8  or   fewer  bedrooms.    Staff  may,  at  their   discretion,  refer  any  application  to  the   Estes  Valley  Planning  Commission.   2) Estes  Valley  Planning  Commission  shall  decide  uses  containing  9  or  more   bedrooms.     Two  (2)  guests  are  allowed  per  room,  plus   two  (2)  additional  guests  per  house.     Permit  Process:   1) Recommend  an  initial  fee   sufficient  to  cover  review  cost,   plus  some  offset  of  possible  enforcement  costs  during  the   first  few  years.   2) Town  Community  Development   (CD)  staff  should  mail  a  notification  to  the  surrounding   property  owners,  with  return   comments  going  to  the  CD  staff.   3) Planning  Commission  (PC)   should  be  approval  authority,  with  appeal  to  elected  bodies.   4) Also,  annual  reviews  should  be   noticed,  before  approval  or   denial.    CD  Staff  could  approve  annual  review,  if  there  are  no   issues.   5) Planning  Commission  would   review  annual  review,  if  there  are  issues  with  the  use.   6) Publish/post  list  of  approved   vacation  rentals  on  Town   website,  with  24-­‐  hour  contact.        Approval  would  be  subject  to  the  standards,   being  recommended  by  Estes  Staff,  found  in   Section  5.1.B  of  the  Estes  Valley   Development  Code,  which  will  include:   1) Off-­‐street  parking  plan   2) Occupancy  requirements   3) Requirement  for  a  State  Sales  Tax   License   4) Retaining  a  residential  character   5) Rental  is  restricted  to  only  1  party   (group)   6) Designation  of  a  local  resident  or   property  manager,  available  24  hrs  a  day     No  changes  recommended      Use  would  be  allowed  in:   1) RE-­‐1,  RE,  E-­‐1,  and  E  residential  districts  2) A,  A-­‐1,  and  CD  non-­‐residential  districts   No  changes  recommended     Attachment 2. February 2, 2016 Hanout Attachment 3 Attachment 3 Attachment 3 Attachment 3 Attachment 3 Attachment 3 Attachment 3 Town Clerk Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: March 8, 2016 RE: Town Board Compensation Objective: Review the Town Board compensation and determine if Board compensation should be adjusted prior to the upcoming Municipal election on April 5, 2016. Present Situation: An extensive review of Board compensation was completed by Interim Town Administrator Richardson in 2012. After careful consideration, the Town Board approved an increase in March 2012 for newly elected Board members in April 2012: Mayor - $7,500, Mayor Pro Tem - $6,500 and Trustee - $5,500. The Board members elected in April 2014 received the new salaries. Staff reviewed the monthly salaries for the Mayor, Mayor Pro Tem and Trustees for the communities reviewed in 2012 and 2014, and found the average monthly salary for the Mayor had increased to $900/month or $10,800/year. The average salaries for the Mayor Pro Tem and Trustees increased to $590/month and $580/month respectively. A number of the communities do not differentiate the Mayor Pro Tem from the Trustee positions, and therefore, the average salaries are similar. Estes Park ranks in the bottom of the pay scale for compensation for the Mayor in relation to its peer cities. In the past the Board has requested staff review the possibility of providing an incremental increase over a four-year period, and to determine if the current salaries would be sufficient to cover the cost of health care premiums. Proposal: Town Attorney White reviewed state statute Section 31-4-405 C.R.S. which provides, in part, as follows: “The emoluments of any member of the governing body, including the mayor, trustees, and councilmen shall not be increased or diminished during the term for which he has been elected or appointed…” The term emoluments are defined to mean the returns arising from office or employment, usually in the form of compensation or prerequisites. His opinion was the Section does not allow for any increase of a Trustee’s compensation during the individual’s four-year term in office. Staff reviewed the Board salaries versus health insurance premiums for 2015 and 2016 and found the premiums are well within the bi-weekly salary ranges.   2015 Bi‐Weekly Rate 2016 Bi‐Weekly Rate  Medical Employee 37.91 40.95  Medical Employee/Children 71.93 77.68  Dental Family 6.02 6.02  Vision Family 1.14 1.14  Total Benefits w/ Emp Only 45.07 48.11  Total Benefit w/ Emp+Child 79.09 84.84        Trustess Bi‐Weekly Salary 211.54 211.54  Pro Tem Bi‐Weekly Salary 250.00 250.00  Mayor Bi‐Weekly Salary 288.46 288.46  Raising the Mayor salary to $9,000 from $7,500 would place it in the average pay range for peer communities. However, raising the Mayor Pro Tem and Trustee position by $500 each to $6,000 and $7,000 would keep the positions in their current range among peer communities. Advantages: N/A Disadvantages: N/A Action Recommended: Staff recommends the salary for the Mayor be increased to $9,000, Mayor Pro Tem to $7,000 and Trustee to $6,000. Budget: An increase in compensation would require an update to the Legislative personnel line items. Sample Motion: N/A Attachment Comparison Compensation Chart Compensation Comparison for Selected Municipal Boards City Mayor Mayor Pro Tem Trustees Benefits Gunnison $600/month $500/month $500/month N/A Breckenridge $1200/month $800/month $800/month Access to Town's Medical Coverage at Employee rate of premium/ $500 voucher for recreation Steamboat Springs $800/month $700/month $600/month Yearly increases by the percentage increase in the Denver/Boulder Consumer Price Index Vail $1000/month $625/month $625/month ? Telluride $1500/month $800/month $800/month ? Dillion $900/month $300/month $300/month ? Durango $750/month $500/month $500/month ? Crested Butte $800/month $400/month $400/month ? Gunnison $600/month $500/month $500/month ? Frisco $750/month $300/month $300/month If the Mayor Pro Tem serves as Mayor for more than 4 consecutive weeks, an additional $100 would be paid for time se Blackhawk $650/month $650/month $650/month Entitled to all insurance and retirement benefits offered to full time Town employees or the cash equivalent Winter Park $400 per meeti $200 per meeting $200 per meeting Glenwood Springs $1200/year $1000/year $1000/year family pass to the community center; access to the city's health insurance plans Annualized Salary ‐ Low to High City Mayor Glenwood Springs $1,200 Gunnison $7,200 Estes Park $7,500 Blackhawk $7,800 Durango $9,000 Frisco $9,000 Gunnison $9,600 Steamboat Springs $9,600 Crested Butte $9,600 Winter Park $9,600 Dillion $10,800 Vail $12,000 Breckenridge $14,400 Telluride $18,000 Median:$9,600 Annualized Salary ‐ Low to High City Mayor Pro Tem Glenwood Springs $1,000 Dillion $3,600 Frisco $3,600 Crested Butte $4,800 Winter Park $4,800 Gunnison $6,000 Durango $6,000 Gunnison $6,000 Estes Park $6,500 Vail $7,500 Blackhawk $7,800 Steamboat Springs $8,400 Breckenridge $9,600 Telluride $9,600 Median:$6,000 Annualized Salary ‐ Low to High City Trustee Glenwood Springs $1,000 Dillion $3,600 Frisco $3,600 Crested Butte $4,800 Winter Park $4,800 Estes Park $5,500 Gunnison $6,000 Durango $6,000 Gunnison $6,000 Steamboat Springs $7,200 Vail $7,500 Blackhawk $7,800 Breckenridge $9,600 Telluride $9,600 Median $6,000 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 $20,000 Annualized Salary ‐Low to High Mayor $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 Annualized Salary ‐Low to High Mayor Pro Tem $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 Annualized Salary ‐Low to High Trustee                    March 22, 2016  Status Report on Capital Improvement Plan Process  Discussion of Town Hydrology Study and Implications  Review of Custom Questions for Biennial Survey  Review the Proposed Draft of the Revised Sign Code. May 10, 2016  CIRSA Board Liability Training June 14, 2016  Discussion of Town Hydrology Study and Implications Items Approved – Unscheduled: (Items are not in order of priority)  Work Plan for Code Changes  Update on Housing Needs and Responses  Discussion of Impact Fees and Other Funding Options to Support Housing Goals  Fish Hatchery Property Discussion  Briefing and Discussion of US 34 Rebuild Project with CDOT  Special Session – New Board Orientation  Discuss the Role of Town Government in Economic Development as it Relates to the Estes Valley EDC and Other Organizations  Briefing on Storm Drainage and Flood Management Issues and Management Options. Discussion of Storm Water Utility.  Update on Environmental Assessment NEPA Process Draft Concerning the Loop  How the Board Handles Off Cycle Requests for Funding From Outside Organizations  Follow Up on Broadband Issues  Schedule for Personnel Policies  Discussion of Annexation Philosophy Study Session Items for Board Consideration: Future Town Board Study Session Agenda Items March 8, 2016