HomeMy WebLinkAboutPACKET Town Board Study Session 2014-09-23
Tuesday, September 23, 2014
TOWN BOARD 4:00 p.m. – 6:30 p.m.
STUDY SESSION Rooms 202/203
4:00 p.m. Trustee Comments & Questions.
4:10 p.m. Future Study Session Agenda Items.
(Board Discussion)
4:20 p.m. Consider a Liaison to Estes Park Housing Authority.
(Administrator Lancaster)
4:40 p.m. Continue Board Communication Discussion.
(Mayor Pinkham and Attorney White)
5:00 p.m. Break for Dinner
5:15 p.m. Review 2014 Objectives.
(Administrator Lancaster)
5:45 p.m. Fish Hatchery Property Appraisal.
(Administrator Lancaster)
6:15 Consider Hiring a Mountain Urban Planning Consultant.
(Administrator Lancaster)
6:30 p.m. Meeting Adjourn.
“Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 3:45 p.m.”
AGENDA
September 23, 2014
October 3, 2014
Budget Study Session
October 10, 2014
Budget Study Session
October 14, 2014
Follow Up Discussion of Issues
Related to Seasonal Tour Businesses
– Revisit in October; Concerning Pick
Up/Drop Off, Use of Public Parking
Lots, Temporary Ticket Sales
Structures, Ticket Sales From
Vehicles, Signage and Routes
Town Water Ownership Issues
October 17, 2014
Budget Study Session
October 24, 2014 (If Needed)
Budget Study Session
October 28, 2014
Continuation of Discussion of Town’s
Role in Housing Including the
Possibility of a Study Committee
November 11, 2014
Review Citizen’s Survey Results
December 9, 2014
2014 Objectives – Review of Progress
Items to be Scheduled
(Items are not in order of priority)
Enforcement of Vacation Home
Regulations Discussion –
Recommendations From Staff Due by
End of 2014
Parking Structure Design Revisions –
Review After Bids are Received
Logo Discussion
Dangerous Buildings Code First Draft
Review – First Step in Consideration.
Draft will be Presented to the Board
Prior to Taking Out to the Public and
Stakeholders
Discussion of Town Owned Fish
Hatchery Property
Discussion of Possible Election
Related to SB 152
Dangerous Buildings Code Final
Review – Final Draft to be Presented
to the Board After Public Input has
been Completed and Incorporated
Review of the Accelerated
Development and Design Process
Used for Parking Structure
Review of Draft Policy on Public
Forums
Possibility of Joining the RTD
Future Town Board Study Session Agenda Items
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Town Board of Estes Park
Code of Conduct for Elected Town Officials
PURPOSE
As leaders of our community, it is important that the members of the Town Board hold
themselves to the highest standard of conduct, setting an example for other Town officials and
Town employees, and ensuring that the public has confidence in the integrity of its government
and Town Officials.
Adherence to these standards will protect and maintain the Town of Estes Park’s reputation and
integrity. Accordingly, the Town of Estes Park has adopted this code to describe the standards of
behavior to which its leaders should aspire. This policy should also serve as a standard for other
Town officials, whether elected or appointed, paid or volunteer in their day-to-day service to the
Town.
CONDUCT WITH ONE ANOTHER
The Board of Trustees is composed of individuals with a wide variety of backgrounds,
personalities, values, opinions, and goals. Embracing this diversity, all have chosen to serve in
public office in order to preserve and protect the present and the future of the community. In all
cases, this common goal should be acknowledged even as Trustees may "agree to disagree" on
contentious issues.
IN PUBLIC MEETINGS
Practice civility, professionalism and decorum in discussions and debate. Difficult
questions, tough challenges to a particular point of view, and criticism of ideas and information
are legitimate elements of a free democracy in action. This does not, however, allow Trustees to
make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging
comments. Trustees should conduct themselves in a professional manner at all times.
Demonstrate effective problem-solving approaches. Trustees have a public obligation to show how
individuals with disparate points of view can find common ground and seek a compromise that benefits
the community as a whole.
Be punctual and keep comments relative to topics discussed. Trustees have made a commitment to
attend meetings and partake in discussions. Therefore, it is important that Trustees be punctual and that
meetings start on time. Be respectful of other people’s time. Prepare for meetings in advance, and be
familiar with issues on the agenda. Stay focused and act efficiently during public meetings. It is equally
important that discussions on issues be relative to the topic at hand to allow adequate time to fully discuss
scheduled issues.
Avoid expressing opinions during Public Hearings. Trustees should not express opinions during the
public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think"
and "I feel" comments by Trustees are not appropriate until after the close of the public hearing. Trustees
should refrain from arguing or debating with the public during a public hearing and shall always show
respect for different points of view.
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Respect the role of the Mayor or Committee Chairpersons in maintaining order. It is the
responsibility of the Mayor to keep the comments of Trustees on track during public meetings.
Trustees should honor efforts by the Mayor to focus discussion on current agenda items. If there
is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely
and with reason.
IN PRIVATE COMUNNICATIONS
Continue respectful behavior in private. The same level of respect and consideration of
differing points of view that is deemed appropriate for public discussions should be maintained
in private conversations.
Be aware of the insecurity of written notes, voicemail messages, and e-mail. Technology
allows words written or said without much forethought to be distributed wide and far. Would
you feel comfortable to have this note faxed to others? How would you feel if this voicemail
message was played on a speakerphone in a full office? What would happen if this e-mail
message was forwarded to others? Written notes, voicemail messages and e-mail should be
treated as "public" communication.
Even private conversations can have a public presence. Elected officials are always on
display. People around them that they may not know monitor their actions, mannerisms, and
language. Lunch table conversations will be eavesdropped upon, parking lot debates will be
watched, and casual comments between individuals before and after public meetings noted.
TRUSTEE CONDUCT WITH TOWN STAFF
Board prioritization of Staff projects. It is the responsibility of the Town Board as a whole
and not individual Trustees to identify and prioritize projects for the Town Staff. Individual
Trustees shall refrain from instructing Staff as to the prioritization of projects identified by the
Board. The Town Board, or the Mayor in the absence in Town Board action, shall prioritize
Staff projects.
Treat all staff as professionals. Clear, honest communication that respects the abilities,
experience, and dignity of each individual is expected. Poor behavior towards staff is not
acceptable.
Limit contact with specific Town staff. Questions of Town staff and/or requests for additional
background information should be directed to the Town Administrator. The Town Administrator
should be copied on or informed of any request.
Requests for follow-up or directions to staff should be made only through the Town
Administrator or the Mayor when appropriate. When in doubt about what staff contact is
appropriate, Trustees should ask the Town Administrator or Mayor for direction. Materials
supplied to Trustees in response to a request will be made available to all Trustees, so that all
have equal access to information.
Do not disrupt Town staff from their jobs. Trustees should not disrupt Town staff while they
are in meetings, on the phone, or engrossed in performing their job functions, in order to have
their individual needs met.
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Never publicly criticize an individual employee. Trustees should never express concerns
about the performance of a Town employee in public, to the employee directly, or to the
employee’s supervisor. Comments about staff performance should only be made to the Town
Administrator through private correspondence or conversation.
Do not get involved in administrative functions. Trustees must not attempt to influence Town
staff on making appointments, selecting consultants, processing of development applications, or
granting of Town licenses and permits unless the Trustee has been invited to participate in the
process.
Check with Town staff on correspondence before taking action. Before sending
correspondence, Trustees should check with Town staff to see if an official Town response has
already been sent or is in progress.
Requests for staff support, should be made to the Town Administrator, who is responsible for
allocating Town resources in order to maintain a professional, well-run Town government.
Do not solicit political support from staff. Trustees should not solicit any type of political
support (financial contributions, display of posters or lawn signs, name on support list, etc.) from
Town staff. Town staff may, as private citizens with constitutional rights, support political
candidates but all such activities must be done away from the workplace.
TRUSTEES CONDUCT WITH THE PUBLIC
IN PUBLIC MEETINGS
Making the public feel welcome is an important part of the democratic process. No signs of
partiality, prejudice or disrespect should be evident on the part of individual Trustees toward an
individual participating in a public forum. Every effort should be made to be fair and impartial
in listening to public testimony.
Be welcoming to speakers and treat them with care and gentleness. Speaking in front of the
Board can be a difficult experience for some people. Some issues the Board undertakes may
affect people’s daily lives and homes. Some decisions are emotional. The way that the Trustees
treat people during public hearings can do a lot to make them relax or to push their emotions to a
higher level of intensity.
Be fair and equitable in allocating public hearing time to individual speakers. The Mayor
may determine and announce limits on speakers at the start of the public hearing process. If
many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit
themselves to new information and points of view not already covered by previous speakers. No
speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may
only speak once during the public hearing unless the Board requests additional clarification later
in the process. After the close of the public hearing, no more public testimony will be accepted
unless the Mayor reopens the public hearing for a limited and specific purpose.
Give the appearance of active listening. It is disconcerting to speakers to have Trustees not
look at them when they are speaking. It is fine to look down at documents or to make notes, but
reading for a long period of time or gazing around the room gives the appearance of disinterest.
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Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief,
anger or boredom.
Ask for clarification, but avoid debate and argument with the public. Only the Mayor – not
individual Trustees -- can interrupt a speaker during a presentation. However, a Trustee can ask
the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language
the Trustee finds disturbing.
If speakers become flustered or defensive by Trustees questions, it is the responsibility of the
Mayor or Committee Chairperson to calm and focus the speaker and to maintain the order and
decorum of the meeting. Questions by Trustees to members of the public testifying should seek
to clarify or expand information. It is never appropriate to challenge or belittle the speaker.
Trustees’ personal opinions or inclinations about upcoming votes should not be revealed until
after the public hearing is closed.
No personal attacks of any kind, under any circumstance. Trustees should be aware that
their body language and tone of voice, as well as the words they use, could appear to be
intimidating or aggressive.
IN UNOFFICIAL SETTINGS
Make no promises on behalf of the Board. Trustees will frequently be asked to explain a
Board action or to give their opinion about an issue as they meet and talk with constituents in the
community. It is appropriate to give a brief overview of Town policy and to refer to Town staff
for further information. It is inappropriate to overtly or implicitly promise Board action, or to
promise that Town staff will do something specific (fix a pothole, waive a fee, plant new flowers
in the median, etc.).
Make no personal comments about other Trustees. It is acceptable to publicly disagree about
an issue, but it is unacceptable to make derogatory comments about other Trustees, their opinions
and actions.
Remember that Estes Park is a small community at heart. The community is constantly
observing Trustees every day that they serve in office. Their behaviors and comments serve as
models for proper deportment in the Town of Estes Park. Honesty and respect for the dignity of
each individual should be reflected in every word and action taken by Trustees, 24 hours a day,
seven days a week. It is a serious and continuous responsibility.
BOARD CONDUCT WITH OTHER PUBLIC AGENCIES
Be clear about representing the Town or personal interests. If a Trustee appears before
another governmental agency or organization to give a statement on an issue, the Trustee must
clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the
Town; 2) whether this is the majority or minority opinion of the Board. Even if the Trustee is
representing his or her own personal opinions, remember that this still may reflect upon the
Town as an organization.
If a Trustee serves in a decision making capacity for another organization and a matter which
the Town has taken an official position is discussed by the organization, the Trustee should not
maintain a position that significantly impacts or is detrimental to the Town’s official position. In
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the event the Town has not taken an official position with regard to a matter, and in the Trustee’s
judgment, the Trustee believes that the Town would take a position substantially different than
that proposed to be taken by the organization, the Trustee should consult with the Mayor
regarding the Town’s possible position.
Correspondence should also be equally clear about representation.
CORRESPONDENCE USING TOWN LETTERHEAD: The Town letterhead shall be used
only to correspond and represent the Town’s official position on any matter. All official Town
correspondence shall be signed by the Mayor or Mayor Pro Tem unless a specific Trustee is
authorized by the Town Board to individually respond to a matter and express the Town’s
official position. A copy of official correspondence should be given to the Town Clerk to be filed
as part of the permanent public record.
TRUSTEE CORRESPONDENCE CONCERNING TOWN MATTERS: Trustees may
correspond with individuals or organizations on any matter involving the Town. In the event that
the Trustee’s personal correspondence expresses a personal opinion that differs from the Town’s
official position, the Trustee should make clear that the Trustee’s personal opinion differs from
the Town’s official position.
TOWN TRUSTEE CONDUCT WITH OTHER BOARDS AND COMMISSIONS
The Town has established several Boards and Commissions as a means of increasing community
involvement in government and to serve as advisors to the Town Board. They are a valuable
resource to the Town’s leadership and should be treated with appreciation and respect.
If attending a Board or Commission meeting, be careful to only express personal opinions
unless you are authorized to represent the Town Board. Trustees may attend any Board or
Commission meeting open to the public, but should be sensitive to the way their participation –
especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly
affecting the process. Any public comments by a Trustee at a Board or Commission meeting
should be clearly made as individual opinion and not a representation of the opinion of the Town
Board.
Be respectful of diverse opinions. A primary role of the Board or Commission is to provide
advice and make decisions based on a full spectrum of concerns and perspectives. Trustees must
be fair and respectful of all citizens serving on Boards and Commissions.
Inappropriate behavior can lead to removal. Inappropriate behavior by a Trustee should be
noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate
behavior continues, the Mayor should bring the situation to the attention of the Town Board, and
the individual may be subject to removal from the Board.
CONDUCT WITH THE MEDIA
Trustees may be contacted by the media for background information and quotes. All media
contacts should be referred to the PIO.
The Mayor is the official spokesperson for the Town Board of Trustees. The Mayor is the
designated representative of the Board of Trustees to present and speak on the official Town
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position. If the media contacts an individual Trustee, the Trustee should be clear about whether
her/his comments represent the official Town position or a personal viewpoint.
The best advice for dealing with the media is to never go "off the record." Most members of
the media represent the highest levels of journalistic integrity and ethics, and can be trusted to
keep their word. But one bad experience can be catastrophic. Words that are not said cannot be
quoted.
Choose words carefully and cautiously. Comments taken out of context can cause problems.
Be especially cautious about humor, sarcasm, or word play. It is never appropriate to use
personal slurs or swear words when talking with the media.
CONFLICT OF INTEREST
Section 31-4-402 (2) C.R.S. addresses conflict of interest of members of the Board of Trustees as
follows:
Section 31-4-404 (2) C.R.S. “Any member of the governing body of any city or town who has a
personal or private interest in any matter proposed or pending before the governing body shall
disclose such interest to the governing body, shall not vote thereon, and shall refrain from the
attempt to influence the decisions of the other members of the governing body in voting on the
matter.”
A personal or private interest for purposes of identifying a conflict of interest by a member of the
Board of Trustees is defined as follows:
Any substantial financial, property or commercial benefit of any Trustee or any parent,
spouse, or child of the Trustee in any matter which will or potentially will require an
official action of the Board of Trustees.
A Trustee does not have a conflict of interest if the matter involves a similar benefit conferred
upon or available to all persons or property similarly situated.
Disclosure:
A Trustee having a conflict of interest in any matter before the Town Board shall disclose the
interest to the Town Board. The Trustee shall not vote or otherwise take any formal action
concerning the matter, shall not participate in any executive session concerning the matter, and
shall refrain from attempting to influence any other member of the Board of Trustees either in
public or private discussion of the matter.
Additional State Requirements:
The provisions of this section shall be in addition to any applicable conflict of interest provisions
of the State Statutes or State Constitution that are at least as restrictive as this section, and shall
supersede any such conflict of interest provisions of the State Statutes and/or State Constitution
that are less restrictive than this section.
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Exception:
A member of the Board of Trustees may vote notwithstanding a conflict of interest if the
Trustee’s participation is necessary to obtain a quorum or otherwise enable the Board to act if the
Trustee complies with the volunteer disclosure provisions of Section 24-18-110 C.R.S.
Sanction:
Section 31-4-307 C.R.S. provides, by a majority vote of all members of the Board of Trustees,
the Mayor and any member of the Board may be removed from office. A violation of this
section may be considered by the Board of Trustees as grounds for removal from office pursuant
to the procedures set forth in Section 31-4-307 C.R.S.
Appearance of Impropriety:
A Trustee should consider, but is not required to, excuse themselves from those matters which
due to the specific circumstances concerning the matter may appear to members of the public to
be a potential conflict of interest thus avoiding the appearance of impropriety.
SANCTIONS
Inappropriate Staff Behavior. Trustees should refer to the Town Administrator any Town staff
that does not follow proper conduct in their dealings with Trustees, other Town staff, or the
public. These employees may be disciplined in accordance with standard Town procedures for
such actions.
Trustees Behavior and Conduct. Trustees who intentionally and repeatedly do not follow
proper conduct may be reprimanded or formally censured by the Town Board. Serious
infractions of the Code of Conduct could lead to other sanctions as deemed appropriate by the
Town Board, including removal from the Board pursuant to Section 31-04-307 CRS.
___________________________
It all comes down to respect
Respect for one another as individuals. . . Respect for the validity of different opinions. . .
Respect for the democratic process. . . Respect for the community that we serve.
9/9/14
Board Communications
Response to resident or business concern
o Resident calls with concern about behavior on adjoining rental property.
o Resident emails Board regarding police issue.
o Resident emails Board regarding frustration over potholes in his street
Concept for Board consideration
o Board member on own initiative researches issue, and instructs Town
Clerk to distribute document information to Board prior to discussion at
Board meeting.
Financial report special requests
o Board member wants special financial report.
o Board member has suggestions for improving financial reports
Conversations outside of regular or study sessions between Trustees.
o Board member discusses issue with other Board members either through
conversation or email prior to discussing the issue at a Board meeting.
2014 Strategic Plan
Revised November 26th, 2013
Update report September 2014
VISION
The Town of Estes Park will enhance our position as a premier mountain community
MISSION
The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our
citizens, guests, and employees, while being good stewards of public resources and our natural setting.
KEY OUTCOME AREAS
Robust Economy ‐ We have a diverse, healthy year round economy
Infrastructure‐ We have reliable, efficient and up to date infrastructure serving our residents,
businesses and guests
Exceptional Guest Services ‐ We are the preferred Colorado mountain destination providing an
exceptional guest experience.
Public Safety, Health and Environment ‐ Estes Park is a safe place to live, work, and visit within
our extraordinary natural environment
Outstanding Community Services‐ Estes Park is an exceptionally vibrant, diverse, inclusive and
active mountain community in which to live, work and play, with housing available for all
segments in our community.
Governmental Services and Internal Support ‐ We provide high‐quality, reliable basic
municipal services for the benefit of our citizens, guests, and employees, while being good
stewards of public resources
Transportation ‐ We have safe, efficient and well maintained multi‐modal transportation
systems for pedestrians, vehicles and transit.
2014 Board Objectives (1 year time frame)
Robust Economy
Begin revising regulations and codes, making them easier to understand and use, including
making it easier for citizens to find all the codes, regulations and rules that are applicable to
their particular projects
REPORT: On‐going, but this has been a lower priority due to flood recovery efforts.
Brewery, Winery and Distillery code changes completed
Board briefed on possible code changes to support redevelopment
Board briefed on possible code changes to address vacation home rentals
Board briefed on possible adoption of the Dangerous Properties portion of the IBC.
Continue to participate in local, regional, and state economic development.
REPORT ‐ Ongoing
Infrastructure
Finalize design of the visitor’s center parking structure.
REPORT ‐ Building is going out to bid in the next few weeks with multiple design options in an effort
to address the substantial cost increases in construction since last fall prior to the flood
Complete the construction of the Multi Purpose Events Center and Stall Barn.
REPORT ‐ Buildings are substantially complete and in operation
Complete the environmental studies required for the extension of the Fall River Trail using the
Paul Sarbanes Grant
REPORT ‐ On hold
Develop options for the improvements or replacement of Glacier Creek Water Treatment Plant
REPORT ‐ This objective will be completed as part of the Water Master Plan. The master plan has
been awarded to Frachetti Engineering. The completion of that plan will be December of this year.
Develop a sustainable funding plan for facility maintenance
REPORT ‐ On hold
Identify best options for capitalizing on the PRPA fiber infrastructure for residents and
businesses
REPORT ‐ We are participating in the EDC Fiber committee and are investigating options. Funding
for consultants to help with this effort has been secured through the EDA grant. Staff is fully involved
in this ongoing effort.
Complete repairs to utilities due to flood damage.
REPORT ‐ In progress and progressing well. With the exception of Fish Creek, most repairs should be
completed by the end of the year.
Exceptional Guest Services
Implement the operating and marketing plans for the MPEC
REPORT ‐ Marketing of the MPEC has been underway for several months and is going well
Develop a strategy for evaluating, retaining and recruiting special events in the Town, including
a strategy for events management.
REPORT ‐ Performance measurement critera have been developed and staff has been working with
stakeholders to evaluate and develop special events. Board has authorized a new staff position to
develop and coordinate events.
Public Safety, Health and Environment
Finalize an agreement with the Colorado Department of Public Health and Environment on a
remediation plan for the Elm Road Landfill
REPORT ‐ Conceptual plan for mitigation has been accepted by CDPHE and engineering design work
is in progress.
Pursue emergency public advisory radio services
REPORT ‐ We are on track to have an AM public advisory radio installed and operational by the end
of the year, using funds from the new 1% community reinvestment tax
Evaluate and address potential required changes in radio frequencies
REPORT ‐ On hold
Work to restore the streams damaged by the flood and to redefine the flood plains within Town
boundaries.
REPORT ‐ Work is ongoing and continuing well on this effort.
Outstanding Community Services
Update the comprehensive plan
REPORT ‐ On hold as staff has been involved in flood recovery efforts
Define the Town’s role in community housing issues
REPORT ‐ Discussions have been held with the Board at a recent study session. Work is ongoing, as
staff time allows.
Develop and adopt a policy for accepting public art, memorials and donations
REPORT ‐ With the restructuring of the Tree Board into the Parks Advisory Board, this objective has
been assigned to that citizens group. The Board has appointed citizens to this board with an arts
background to help in the discussions. This probably won't be finished and ready for adoption this
year, but should be coming to the Trustees fairly early in 2015
Consider the recommendations of the Community Recreation and Wellness Center Feasibility
Study
REPORT ‐ Staff continues to participate in the design discussions with the Rec District on the
Community Center. The Rec District is taking the lead at this point in developing funding for the
project.
Participate with Rocky Mountain National Park in their 100th Anniversary in 2015
REPORT ‐ Ongoing
Governmental Services and Internal Support
Complete a Citizen Survey
REPORT ‐ Complete‐ Study session with the board is scheduled for later this fall
Increase compliance with business licenses/ permits of vacation home rentals, including tax
collection.
REPORT ‐ Ongoing ‐ progress is being made
Implement the capital planning process.
REPORT ‐ On hold
Present to the citizens a sales tax proposal on the April municipal election for funding specifically
to support streets, infrastructure and other community improvements.
REPORT ‐ complete
Complete the revision and updating of Board and Administrative town policies.
REPORT ‐ This has been ongoing, but progress has been slow due to competing priorities and staff
limitations. Some revisions will be completed by the end of the year, but not all. This project will go
into 2014.
Transportation
Evaluate and prioritize implementation of Transportation Visioning Committee signage
recommendations
REPORT ‐ No action has been taken as of this date
Take any steps required for the FLAP Grant project.
REPORT ‐ We have been participating in ongoing discussions with Federal Lands and CDOT. Public
outreach meetings have been scheduled for early October. This was somewhat delayed as the
Federal Lands staff was assigned to work on the repairs to the Glen Haven road.
Complete the flood damage repairs to the Fish Creek corridor.
REPORT ‐ Design work for utilities is close to complete. Utilities repair will be the first step with a
goal for completing repairs before runoff next spring. Road repairs will not start until late next
summer or fall.
Complete the flood damage repairs to other Town roads.
REPORT ‐ We are on track to have this completed by the end of the year
Complete preventative maintenance activities on Town roads, as adequate funds become
available.
REPORT ‐ Ongoing