HomeMy WebLinkAboutPACKET Town Board 2014-09-09NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
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.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, September 9, 2014
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated August 26, 2014 and Town Board Study Session
Minutes dated August 26, 2014.
2. Bills.
3. Committee Minutes:
A. Community Development / Community Services, August 28, 2014.
2. LIQUOR ITEMS:
1. STIPULATION AGREEMENT – GAST HAUS ESTES PARK, INC., DBA MOLLY
B, 200 MORAINE AVENUE, TAVERN LIQUOR LICENSE.
Town Clerk Williamson.
2. STIPULATION AGREEMENT – CARL E. SCOTT DBA COFFEE ON THE
ROCKS, 510 MORAINE AVENUE, TAVERN LIQUOR LICENSE.
Town Clerk Williamson.
3. ACTION ITEMS:
1. PARKS ADVISORY BOARD APPOINTMENTS. Town Clerk Williamson.
Prepared 8/29/14
*Revised 9/5/14
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
2. ORDINANCE #15-14 LEASE OF CARRIAGE HILLS OPEN SPACE TO THE
ESTES VALLEY RECREATION AND PARK DISTRICT FOR A PLAYGROUND.
Attorney White.
3. RESOLUTION #19-14, SURPRISE SIDEWALK SALE – OCTOBER 11-12, 2014.
Director Winslow.
4. EVENTS COORDINATOR POSITION. Director Winslow.
5. AWARD OF CONSTRUCTION CONTRACT FOR FLOOD RESTORATION
PROJECTS. Project Manager Zurn.
4. REPORT AND DISCUSSION ITEMS:
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manager Zurn.
5. REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(d), C.R. S. – For discussion of specialized details of security arrangements
or investigations.
Motion: I move the Town Board to into Executive Session – For the discussion of
specialized details of security arrangements or investigations, under C.R.S. 24-6-
402(4)(d).
6. ADJOURN.
*
Town of Estes Park, Larimer County, Colorado, August 26, 2014
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 26th day of August, 2014.
Present: William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Randy Williams, Attorney
Jackie Williamson, Town Clerk
Absent: Greg White, Town Attorney
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
SWEARING-IN:
Town Clerk Williamson performed a swearing-in ceremony for Police Officer Matt Beers.
PROCLAMATIONS
Mayor Pinkham proclaimed September as “Wilderness Appreciation Month”.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Norris noted the Public Safety, Utilities, and Public Works Committee meeting
would be held on September 11, 2014 at 8:00 a.m. in the Board room. He stated the
Town Board and the Grand Lake Town Board held their annual gathering in Estes Park
and shared information including a discussion on the regulations and enforcement of
vacation homes.
Trustee Holcomb stated the Community Development and Community Services
Committee would be held on August 28, 2014 at 8:00 a.m. in the Board room. He
recognized the Parks division for their efforts in maintaining the landscaping in town and
for their positive interaction with guests and citizens.
Mayor Pro Tem Koenig commented the Sister Cities organization would meet on
September 8, 2014 at 8:00 a.m. and encouraged the public to attend. Jay Williams/
U.S. Assistant Secretary of Commerce for Economic Development announced on
August 25, 2014 the community was awarded a $300,000 grant to boost economic
resiliency in Estes Park through the development of the fiber optic ring.
Trustee Nelson noted he would be attending the next Open Lands Advisory Board
meeting and would report at the next meeting.
Trustee Ericson reported the Transportation Advisory Committee (TAC) discussed the
evolution of parking meters, interaction of the TAC with the FLAP project, revisited
shared lanes for bike and cars downtown, and how to strip the municipal parking lot.
TOWN ADMINISTRATOR REPORT.
Board of Trustees – August 26, 2014 – Page 2
Administrator Lancaster stated Community Development continues to work on the
application for the hazard mitigation grant. The grant requires letters of support from
the agency looking for the fund; therefore, staff requests the Board approve a
Resolution to be prepared and signed by Mayor Pinkham. It was moved and
seconded (Ericson/Koenig) to approve a Resolution of support for the hazard
mitigation grant, and it passed unanimously.
Will Birchfield/Chief Building Official & Floodplain Manager provided the Board with
an overview of the hazard mitigation grant application in which the Town has
requested $15 million to mitigate future risks to the downtown business corridor. He
stated the Town must manage the floodplains to a 1% flood event. After the recent
flood, the discharges from the local rivers are estimated to increase by 2.5 times and
change the floodplain maps significantly, which would potentially affect the economic
viability of the downtown. Projects would include Confluence bridge, West Elkhorn
bridge, and Crags bridge and Piccadilly Square channel. Improvements to the areas
may include lifting bridges up, bench work along the mountain sides, widening
bridges, retaining walls, and widening and deepening the channels. The Town
would hire a hydrologist to determine peak flows and then begin design phase if
awarded the grant. Administrator Lancaster stated absent the grant, the Town
would be prepared to manage the water flow and have an organized plan to attempt
to keep the water out of the downtown buildings. The Town would also leverage the
funds for the FLAP grant to coordinate efforts in replacing bridges and realignment
of the road.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 12, 2014 and Town Board Study Session
Minutes dated August 12, 2014.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, August 14, 2014 – Cancelled.
4. Transportation Advisory Committee dated July 17, 2014 (acknowledgement
only).
5. Estes Valley Planning Commission dated July 15, 2014 (acknowledgement
only).
6. Appointment of Amy Hamrick to the Transportation Advisory Committee for a
term expiring on March 31, 2016.
7. 2014/2015 School Resource Officer (SRO) Agreement with the Park R-3
School District.
8. Resolution #16-14 – Scheduling a Show Cause Liquor Hearing for Carl E.
Scott dba Coffee on the Rocks, 510 Moraine Avenue, Tavern Liquor License
on September 9, 2014.
9. Resolution #17-14 – Scheduling a Show Cause Liquor Hearing for Gast Haus
Estes Park, Inc. dba Molly B, 200 Moraine Avenue, Tavern Liquor License on
September 9, 2014.
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda, and it
passed unanimously.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
Board of Trustees – August 26, 2014 – Page 3
1. ECONOMIC DEVELOPMENT COUNCIL UPDATE. Jon Nicholas/
President/CEO Estes Park Economic Development Corporation (EDC)
provided a brief review on the formation of the entity in 2012 and the funding
mechanism which includes a mix of public, private and other funding sources to
encourage collaboration. The mission of the organization is to build stronger,
more broad-based economy and tax base in the valley, retention and
expansion of businesses, and to attract new business. The 2014 retreat
identified four major goals, including business recovery from the 2013 flood,
developing the broadband/fiber optic ring, Wellness Center, and solidifying the
relationship with the Larimer Small Business Development Council. The EDC
has begun to address the goals by hiring a Business Recovery Coordinator
through a grant from the Community Foundation, and providing assistance to
businesses with CDBG-DR grant applications with over 75 applications
pending. A sub-committee was formed to identify existing and potential
broadband/fiber optic assets, potential partners, regional collaboration,
developing a ballot question to address SB 152 restrictions, and application for
a U.S. Economic Development Administration grant to address a market study,
business model, technical planning and a capital budgeting and financing plan.
The grant has been approved and staff would move forward with hiring a
consultant. The wellness initiative has been supported through a Colorado
State University net fiscal impact analysis for the Wellness Center project, new
strategic framework and public education. The project could attract new
business through the branding of wellness and provide year-round businesses.
The long term goals of the EDC include the development of year-round tourism,
build the capacity for venture capital and entrepreneurship programs, develop
additional attainable/affordable housing, provide additional child care, and
accomplish significant infrastructure development.
3. PLANNING COMMISSION ITEMS.
1. CONSENT ITEM:
1. AMENDED PLAT, Lot 20, Stanley Hills Subdivision PUD, 650 Steamer
Drive; Harris Family Living Trust/Owner. Planner Shirk.
2. CONDOMINIUM MAP, Supplemental Condominium Map #3, The
Lodges at Black Canyon Inn Condominiums, Units H, I, and Existing
Restaurant, 800 Macgregor Avenue, Sloan Investments, LLC/Owner.
Planner Shirk.
It was moved and seconded (Koenig/Holcomb) to approve the Consent
Agenda with the Planning Commission recommendations, and it
passed unanimously.
2. ACTION ITEMS:
1. AMENDED PLAT, Lots 20 & 29, Fort Morgan Colony Subdivision, 1031
& 1053 Morgan Street; Melinda Dawson/Owner. Trustee Norris recused
himself. Planner Shirk reviewed the request stating the amended plat
would adjust the interior lot line between the two lots of record. The
intent of the request would bring the northern lot into compliance with the
½ acre minimum lot size and create a more suitable building site on the
lot. No new lots are created with the request. The Estes Valley
Planning Commission recommended conditional approval of the
application at their July 15, 2014 meeting, including an easement for the
proposed sewer location prior to plat recordation. Public concerns for
the request were mainly related to the access from the private road
which was platted with the original plat in 1958.
Board of Trustees – August 26, 2014 – Page 4
Amy Plummer/Van Horn Engineering emphasized the subdivision plat of
1958 platted the access easements to provide access to the vacant lots.
She stated an existing sewer easement exists for the vacant lot to
access, and therefore, there is no need for an additional sewer line
easement. She also pointed out the existing access has already been
used to access other properties in the subdivision.
It was moved and seconded (Koenig/Ericson) to approve the
Amended Plat of Lots 20 and 29, Fort Morgan Colony Subdivision
with the Planning Commission recommendations, and it passed with
Trustee Norris abstaining.
2. LOCATION & EXTENT REVIEW, Stanley Meadows Addition, Lot 1A &
1C of the Replat of Lot 1 & a portion of Lot 4, 610 Big Thompson
Avenue; Estes Park Sanitation District/Owner. Planner Shirk presented
the application for the construction of a new 3,659 square foot
“headworks” building to house improvements to the Estes Park
Sanitation District’s treatment process on the current site. This would
enable the district to meet new State discharge permit requirements for
heavy metals. The request is subject to both a Special Use Review and
Location and Extent Review. The Estes Valley Planning Commission
conditionally approved the Location and Extent Review and
recommended approval of the Special Review to the Town Board at their
July 15, 2014 meeting. It was moved and seconded (Norris/Phipps) to
approve Special Review 2014-03, for the Location and Extent
Review for the Estes Park Sanitation District Waste Water
Treatment Plant with the Planning Commission recommendation,
and it passed unanimously.
4. ACTION ITEMS:
1. PLATTE RIVER POWER AUTHORITY (PRPA) EFFICIENCY PROGRAM
INTERGOVERNMENTAL AGREEMENT. Director Bergsten presented an
Intergovernmental Agreement for Demand Side Management Program
Partnership with PRPA and the other owner communities of Fort Collins,
Longmont and Loveland. The program would involve reducing the use of
electricity through activities or programs designed to promote energy
efficiency, reduce energy consumption and costs, and to defer the need for
major capital expenditures. The Efficiency Works program has been
developed over the past year and the program has resulted in significant
energy reductions and quick investment payback for customers. The
consolidated effort has been advantageous to the Town through streamlining
processes, requirements, contractor training, public relations and advertising,
as well as negotiating acceptable pricing for services. After further
discussion, it was moved and seconded (Norris/Koenig) to approve the
Intergovernmental Agreement between Platte River Power Authority and
the member communities for Demand Side Management Program
Partnership, and it passed unanimously.
2. ORDINANCE #14-14 AMENDING THE ESTES PARK MUNICIPAL CODE
CHAPTER 17.66 SIGNS ELIMINATING THE CREATIVE SIGN DESIGN
REVIEW BOARD. Planner Shirk stated the Creative Sign Design program
and board were created in 2010 and the program has not been used since its
inception. Staff has found the guidelines difficult to understand; therefore,
staff requests the elimination of the program and the board, and assign the
Estes Valley Board of Adjustment as the decision-making body for Sign Code
variances and appeals of staff decisions related to the code.
Ken Smith/Smith Sign Studio supports the elimination of the Creative Sign
Design code and board. He stated he has run into creative sign issues and
staff has been able to address the issues.
Board of Trustees – August 26, 2014 – Page 5
Attorney Williams read the Ordinance, it was moved and seconded
(Ericson/Koenig) to approve Ordinance #14-14, and it passed unanimously.
4. REPORT AND DISCUSSION ITEMS:
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE.
Director Winslow stated a local contract Darling Construction has been hired
to complete the second floor of the silo. A plaque dedication would take place
on September 2, 2014 with the Town Board, staff, contractors, and other local
partners.
2. SECOND QUARTER FINANCIAL REPORT. Finance Officer McFarland
reviewed the 2nd quarter sales tax and financial report stating sales tax is up
6.1% over 2013 and 15.7% ahead of 2014 budget. General fund
expenditures are ahead of budget due largely in part to flood recovery efforts,
including Town Hall mitigation, Fall River exigent work, and Fish Creek design
and engineering work. Staff anticipates Open Space funds are to be used to
repair flood affected parks and trails. Staff has been working on revisions to
the 2014 budget and drafting the 2015 budget. There are a number of
challenges in preparing the budgets, including balancing flood recovery costs
and reimbursements, creation of four new funds for the 1% sales tax, the
operational budget for the MPEC, increase in benefit costs, and capital
projects such as the parking garage. An overview of the current flood
reimbursement status was provided, including an estimated $5.2 million in
expenses, $131,442 in reimbursements from FEMA/State, CIRSA
reimbursement of $1.46 million, NRCS expenses of $891,939 with $317,535
reimbursed to date, $841,779 reimbursements submitted and not yet
received, and an estimated net project cost to the Town for all projects may
be $156,011 after all reimbursements. The main challenge for the Town
continues to be the management of cash flow because the Town fronts the
project money and then submits for reimbursement.
Whereupon Mayor Pinkham adjourned the meeting at 9:16 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado August 28, 2014
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
Rooms 202/203 in said Town of Estes Park on the 28th day of August,
2014.
Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster and Town Clerk Williamson
Absent: Town Attorney White, Mayor Pro Tem Koenig
Mayor Pinkham called the meeting to order at 6:00 p.m.
TRUSTEE COMMENTS & QUESTIONS.
Trustee Norris requested an update report from the EPIC group at an upcoming Town
Board meeting. He also requested the discussion of a housing taskforce team be
scheduled at an upcoming study session. Trustee Phipps requested the housing
discussion be more general to determine the Town’s role.
FUTURE STUDY SESSION AGENDA ITEMS.
Administrator Lancaster reviewed the future study session list stating significant
changes were made since the packet was published, including Dangerous Buildings
and Board Communication on September 9th, review of 2014 Objectives and Hiring
Urban Planner on September 23rd, Seasonal Tour Business and Water Ownership on
October 10th, and discussion of the Town’s role in housing on October 28th. The Board
stated an additional study session to discuss the parking garage bids may be needed.
EVENTS COORDINATOR & ASSISTANT TOWN ADMINISTRATOR POSITIONS.
USE OF PROJECT CONTINGENCIES. Administrator Lancaster presented job
descriptions for the Events Coordinator and Assistant Town Administrator positions.
The Events Coordinator description currently exists and has been revised to include a
level I and II. The position would report to Director Winslow and work side-by-side with
the current Events Coordinator. Director Winslow stated both staff members would
work on existing and new events. The intent would be to hire the position as an Event
Coordinator I in 2014 in order to coordinate upcoming and new events during the fourth
quarter of 2014 and first quarter of 2015.
Trustees Nelson and Holcomb stated they had envisioned the new position at a higher
level to seek new events and coordinate events. Director Winslow stated the Special
Events Advisory Team has identified new event opportunities, and what is needed
currently is additional staff to coordinate the events. Current staff does not have the
capacity to coordinate additional events.
Trustee Nelson stated concern with the level of individual the Town would attract with
the current job description; the Town should aim higher and attract an individual with
more experience; the position should help coordinate events that would not otherwise
be completed by the private businesses; and would recommend a position that would
provide additional outreach versus management of events to place Estes Park on the
map and create national exposure; and he would recommend a temporary position to
determine the direction of the community.
Town Board Study Session – August 26, 2014 – Page 2
Trustee Norris stated concern with rushing the process and not finding the right
individual for the position. He supports the proposed job description, preservation of the
Special Event Review Team, and two Event Coordinators to coordinate the work load.
The majority of the Board recommended the position be brought forward in September
for the Board’s consideration. Trustee Phipps stated concern with adding any positions
in 2014 as the Town continues to recover from the flood; the positions should be
discussed during the October budget study sessions; and stated concern with entering
2015 with no reserves. Trustee Ericson stated the position would be a revenue
generator for the Town.
There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, August 28, 2014
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
28th day of August, 2014.
Committee: Chair Ericson, Trustees Holcomb and Phipps
Absent: None
Also Attending: Directors Winslow and McFarland, Coordinators Jacobson,
and Wells, Planner Shirk, and Recording Secretary
Limmiatis
Trustee Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
COMMUNITY SERVICES DEPARTMENT.
SIDEWALK SALE.
Director Winslow requested the approval of the bi-annual Surprise Sidewalk Sale. The
event allows downtown merchants to place wares and signage on the sidewalk as long
as a four foot clearance is maintained. Any business not located within the downtown
district may reserve a space in Bond Park to participate in the event. The Committee
recommended the approval of the Sidewalk Sale to be included as an Action Item
at the September 9, 2014 Town Board meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
August & September Event Report – Coordinator Jacobson informed the Committee
of lessons learned from the Arapahoe Celebration and the Heritage Festival, issues
that would be taken to the Events Committee, and the upcoming events scheduled
for September.
Shuttle Update - Coordinator Wells described the continued increase in shuttle
ridership, positive feedback received, and the development of grant applications for
2015/2016. Wells would contact downtown businesses to assess the needs for
workforce access to the area and develop a plan for increased utilization of the
Fairgrounds Park-In-Ride.
Verbal Updates and Committee Questions – Director Winslow stated staff continues
to work on the naming of the Event Center and Pavilion. The Estes Valley
Community Recreation Center continues to move forward with several different
marketing committees to raise funds.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Verbal Flood Recovery Update – Planner Shirk updated the Committee on the
progress of the Estes Valley Community Recreation Center, the Estes Park
Wellness Center at the Stanley Hotel, the Downtown Flood Hazard Mitigation grant,
and the Fish Creek and Fall River Advisory Committees.
Verbal Updates and Committee Questions – The Committee requested the
Community Development Department expand on revenue estimates at the
upcoming Budget Study Sessions.
Community Development / Community Services – August 28, 2014 – Page 2
There being no further business, Trustee Ericson adjourned the meeting at 9:17 a.m.
Barbara Jo Limmiatis, Recording Secretary
Liquor Violation Guidelines 1
Liquor Violation Sentencing Guidelines for Compliance and
Non-Compliance Check Violations
(Town Board Approved - April 8, 2014)
The purpose of these sentencing guidelines is to provide philosophical, non-binding
guidance concerning negotiating stipulated agreements with licensees for liquor
violations occurring within the Town of Estes Park. The actual penalty imposed is at the
discretion of the Local Licensing Authority, and may vary under the guidelines depending
upon the circumstances of each case and any mitigating factors.
Definitions:
“Level 1” means violations including, but not limited to Procurement of Liquor from a
Prohibited Source; Failure to Meet Food Requirement; Failure to Report Change of
Manager, Trade Name, Entity Structure, or Modification of Premises.
“Level 2” means violations including, but not limited to Gambling; or Refusal to Allow
Inspection.
“Level 3” means violations pertaining to Regulation 47-900 Conduct of Establishment; or
Unlawful Ownership.
“Local Licensing Authority (Authority)” means the Town of Estes Park Board of Trustees
sitting in its capacity as the Local Licensing Authority. If the Board chooses to appoint a
separate Authority, this section would apply directly to that Authority.
“Licensee” means the person or entity holding an alcohol beverage license of any class,
or the person or entity holding an alcohol beverage permit of any type.
“Town” means the Town of Estes Park, Colorado.
Investigation of Cause for Suspension and Revocation of Licenses
An investigation may be commenced upon motion of the Authority, request of the Police
Department, or upon the Town Clerk’s own initiative. If the investigation shows
reasonable suspicion to believe that grounds for suspension or revocation exist, Show
Cause Hearing proceedings may be initiated.
Pre-Hearing Negotiated Stipulation
For liquor law violations, the Town Clerk, in conjunction with the Chief of Police and/or
the Town Attorney, is authorized to conduct a pre-hearing negotiation meeting. After
considering results of the initial investigation and considering any mitigating or
aggravating factors, the Town Clerk may offer a stipulated agreement to the licensee.
An offer of stipulation is intended to be a lesser penalty than the Local Licensing
Authority would reasonably be expected to impose after a hearing. A stipulated
agreement is not required to be offered, and both the Town Clerk and Chief of Police
reserve the right, at their discretion, to move directly to a Show Cause Hearing. If the
licensee agrees to a stipulation agreement, the agreement will be presented to the Local
Licensing Authority for final action. If a stipulated agreement includes days of
suspension, the time shall be served consecutively and immediately upon approval of
the stipulated agreement.
The range of the Town Clerk’s discretion is specified in this section and includes
providing the owner of the establishment with the option of participating in the
Liquor Violation Guidelines 2
Restorative Justice process in lieu of fulfilling the terms and conditions of the stipulation
agreement. Additionally, the employee involved in the violation may choose the
Restorative Justice option over facing criminal charges in district court. When the
Restorative Justice option is chosen the case will be referred to the Estes Valley
Restorative Justice Partnership (EVRJP).
Penalty Guidelines
Penalties for violation of any provisions of this Chapter, the Colorado Liquor Code,
Colorado Beer Code, or Colorado Special Events Code shall be as provided in the
guidelines below. Nothing in the following guidelines is meant to restrict the Local
Licensing Authority from issuing a lesser penalty, a higher penalty, or additional
penalties as allowed by this Code or state law, up to and including suspension or
revocation of a liquor license.
For any offense involving Sale to a Minor or Service of a Visibly Intoxicated Person, the
Authority requires, as a condition of holding any days of suspension in abeyance, that
the licensee present timely proof of approved alcohol server training of each employee
of the establishment who sells or serves alcohol or malt beverages.
When the penalty is a result of a violation that occurred during a compliance check, the
guidelines in the Code of Regulations, 1 C.C.R. 203-2, Regulation 47-604 shall apply.
The penalties described below reflect this Regulation, and may also be applied to a
similar violation that occurs outside of a compliance check.
GUIDELINES FOR SALE AND SERVICE ALCOHOL VIOLATIONS
Violation(s):
Sale to a Minor
Sale To Visibly
Intoxicated Person
Sale or Service by
Underage Employee Penalty Range
Payment of
fine permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 15 day
suspension
Yes 0 to 15 days
served with
15 to 0 days
held in
abeyance for
one year
If the employee making the
sale has completed a state-
approved server training, a
written warning is
recommended in compliance
with Regulation 47-604(A)(2).
Adopt recommended
practices.
Second offense
within one year
Up to 30 day
suspension or RJ
Option
Yes, if fine was
not paid or
suspension
served for first
offense and if
there are no
other offenses
within the past
two years (12-
47-601(3)(a)(III)
10 to 20 days
served with
20 to 10 days
held in
abeyance for
up to 18
months
Any time held in abeyance
from a prior penalty must be
served. May not pay fine in
lieu of this portion of the
suspension.
Liquor Violation Guidelines 3
Third offense within
one year
Up to 45 days
suspension, RJ
Option, or
revocation
No 30 to 45 days
served
Time held in abeyance not
allowed. Time held in
abeyance from prior
offense(s) must be served.
May not pay a fine in lieu of
suspension.
Second offense
within two years
Up to 21 day
suspension or RJ
option
Yes, if fine was
not previously
paid
14 to 21 days
served with 7
to 0 days held
in abeyance
for one year.
If a second offense occurs
within one (1) year of the first
offense, any days held in
abeyance from the first
offense will be imposed in
addition to separate sanctions
for the second offense. May
not pay a fine in lieu of
suspension.
Third Offense within
two or three years
Up to 30 days
suspension, RJ
Option, or
revocation
No 20 to 30 days
served with
10 to 0 days
held in
abeyance for
one year
If a third offense occurs within
one year of an earlier offense,
any days held in abeyance
from the earlier offense(s) will
be imposed in addition to
separate sanctions for the
third offense. May not pay a
fine in lieu of suspension.
* Recommended Practices
1. Create and maintain a written sales policy – establishments should have a
written policy identifying steps that staff must take for every transaction.
2. Train staff and management on the alcohol sales policy – all staff should be
fully trained before being permitted to sell alcohol.
3. Provide tools for employees – provide appropriate tools (i.e. as ID Checking
Guides, electronic ID scanners, programmable cash registers) to help staff sell
responsibly.
4. Monitor staff conduct – monitor staff performance as a quality control strategy.
5. Keep records – in order to demonstrate company practices, document training,
compliance checks, disciplinary actions; keep an unusual occurrence log; and
appoint a high-level employee to oversee compliance with laws and company
policy.
When considering mitigating and aggravating factors, the Authority and/or Town Clerk,
Chief of Police, and Town Attorney shall consider:
Action taken by the licensee to prevent violations, i.e. server training.
Licensee’s past history of success or failure with compliance checks.
Any corrective action taken by the licensee.
Any corrective action taken for prior violations and the effectiveness of the
corrective action.
Willfulness or deliberateness of the violation.
Likelihood of recurrence of the violation.
Factors which might make the situation unique, such as:
o Prior notification that the compliance check would be forthcoming.
o The dress or appearance of the underage operative, i.e. the operative
was wearing a high school letter jacket.
o Licensee or Registered Manager is the violator or directed an employee
or other individual to violate the law.
Liquor Violation Guidelines 4
GUIDELINES FOR LEVEL 1 – LEVEL 3 ADMINISTRATIVE VIOLATIONS
Level 1 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 10 days
suspension
Yes 3 to 7 days
served plus 7
to 3 days held
in abeyance
for one year
Second offense
within one year
15 days
suspension
Yes, if fine was
not paid or
suspension
served for first
offense
5 to 10 days
served with
10 to 5 days
held in
abeyance for
one year
Any time held in abeyance
from a prior penalty must
be served. May not pay
fine in lieu of this portion of
the suspension.
Level 2 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 20 day
suspension
(Aggravated: 25
day suspension)
Yes 7 days served
with 13 held in
abeyance for
one year
(Aggravated:
8 days served
with 17 days
held in
abeyance)
Second offense within
one year
Hearing is set
for revocation of
license
Level 3 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense 30 days
suspension (If
first offense is
serious enough
a hearing is set
for revocation of
license)
No 10 days
served with
20 days held
in abeyance
for one year
Second offense within
one year
Hearing is set
for revocation of
license
Liquor Violation Guidelines 5
Consideration of Payment of Fine in Lieu of Suspension
The Local Licensing Authority agrees to accept and adopt the optional procedures
described in C. R. S. §12-47-601(3) through (6). This shall apply to any licensee who
violates or whose employees violate any terms of this Chapter or of Title 12, Articles 46,
47, and 48, or the rules and regulations related thereto.
A fine in lieu of suspension may be considered for suspensions of fourteen days or less.
In considering the licensee’s petition to pay a fine in lieu of suspension, the Authority
shall use the criteria set forth in C. R. S. §12-47-601(3)(a)(I) through (III), which provide
that a fine in lieu of suspension may be considered when the authority is satisfied that
the following conditions obtain:
(I) That the public welfare and morals would not be impaired by permitting the licensee
to operate during the period set for suspension and that the payment of the fine will
achieve the desired disciplinary purposes;
(II) That the books and records of the licensee are kept in such a manner that the loss of
sales of alcohol beverages that the licensee would have suffered had the suspension
gone into effect can be determined with reasonable accuracy therefrom; and
(III) That the licensee has not had his or her license or permit suspended or revoked, nor
had any suspension stayed by payment of a fine, during the two years immediately
preceding the date of the motion or complaint which has resulted in a final decision to
suspend the license or permit.
The fine shall be determined in accordance with C. R. S. §12-47-601(3) (b) and (c),
which provide as follows:
(I) The fine accepted shall be the equivalent to twenty percent of the licensee's
estimated gross revenues from sales of alcohol beverages during the period of the
proposed suspension; except that the fine shall be not less than two hundred dollars nor
more than five thousand dollars.
(II) Payment of any fine pursuant to the provisions of this subsection shall be in
the form of cash or in the form of a certified check or cashier's check made payable to
the licensing authority i.e. Town of Estes Park.
The Town Clerk is authorized to recommend payment of a fine in lieu of suspension that
meets the criteria set forth as part of a stipulated agreement.
Consideration of Restorative Justice in Lieu of Suspension
For each liquor license violation case referred to the Estes Valley Restorative Justice
Partnership, a process of identifying and repairing harm would be followed. The EVRJP
process allows for consequences to match the specific details and circumstances of
each case as opposed to the same penalty being imposed for all incidences. It also
allows the community a voice by inviting community members to be a part of the
process.
When the Restorative Justice option is chosen, the owner of the establishment and/or
the employee involved in the violation would be contacted by EVRJP staff to both learn
about the Restorative Justice process and to review the facts of the case. Facilitators
and community members would be selected to participate in a Community Group
Conference Circle in order to develop a unique contract to be fulfilled by the offender(s)
in lieu of a suspension and/or fine as agreed upon in the stipulation agreement. The
Liquor Violation Guidelines 6
contract would run for a defined period of time, generally three to six months, and
contain up to five contract items that must be completed. These items will be specific,
measureable, achievable, relevant, and timely. The contract will be monitored by
EVRJP staff for completion within the amount of time specified. If the offender(s) fail to
complete the contract, or a second offense has occurred, the owner of the establishment
would be obligated to pay the fine and/or serve the suspension defined by the stipulation
agreement. The employee involved in the violation would be referred back to court, as
he/she would be facing criminal charges.
Stipulation Agreement – Gast Haus Estes Park, Inc., dba Molly B, 200 Moraine Avenue, Tavern Liquor
License
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2014
RE: Stipulation Agreement – Gast Haus Estes Park, Inc., dba Molly B, 200
Moraine Avenue, Tavern Liquor License
Objective:
To approve a Stipulation Agreement with Gast Haus Estes Park, Inc., dba Molly B, 200
Moraine Avenue, for the sale of alcohol to a minor and permitting an underage server to
sell alcohol beverages during a compliance check on August 9, 2014.
Present Situation:
The Town Board approved Resolution 17-14 at their meeting on Tuesday, August 26,
2014 setting a Show Cause hearing for Gast Haus Estes Park, Inc., dba Molly B, on
Tuesday, September 9, 2014 for violations of the Colorado Liquor Code Sections 12-47-
901 (1) (a.5)(I) C.R.S and 12-47-901(5)(a)(I) C.R.S., alleging the Licensee, through its
employee, sold & served alcohol to a person under the age of twenty-one and permitted
a person under the age of eighteen (18) years to serve alcohol beverages.
Staff has been in discussions with the owners of the business. The owners have stated
no objections to the fact a violation occurred at their business and have been
cooperative in discussing a stipulation agreement. The licensee was granted a liquor
license in August 2011 and has not had a previous violation of their liquor license.
Proposal:
Police Chief Kufeld and Town Clerk Williamson met with the owner to hold a pre-
hearing and discuss entering into a stipulation agreement. Through the stipulation
process Gast Haus Estes Park, Inc. has waived their rights to a Show Cause hearing
before the Board of Trustees in order to determine if violations occurred. Gast Haus
Estes Park, Inc. agrees the violations occurred and has agreed to a 14 day suspension,
with actual time served of 3 days of its Tavern Liquor License as a penalty for the
violations. The 11 days held in abeyance would be suspended on the condition no
further violation occurs during the one-year stipulation period commencing September
9, 2014. The licensee has petitioned the Town to pay a fine in lieu of serving time as
outlined in the agreement and permitted by the sentencing guidelines approved by the
Town Board in April.
Stipulation Agreement – Gast Haus Estes Park, Inc., dba Molly B, 200 Moraine Avenue, Tavern Liquor
License 2
Staff reviewed the recommended practices with the licensee and determined a written
policy has been established and each employee is required to read and sign the policy;
staff is trained by the T.I.P.S. trained manager as most of their employees are seasonal;
management makes the ID checking guide available and encourages their staff to
download and use an identification app on their cellphones; and monitors their staff’s
conduct. Upon review it was staff’s opinion the underage server was an aggravating
offense which elevated the offense from a written warning.
The licensee has stated the employee was known to be under the age of eighteen (18)
years and was instructed to only check I.D.s and not serve alcohol to the restaurant
patrons. The employee has written a statement confirming the training he received and
the fact he was not to server alcohol. The employee has been retained by the
restaurant; however, he will be attending Restorative Justice for the serving of alcohol to
an underage patron.
The Stipulation Agreement is attached for the Board’s review. If approved by the Board,
the licensee would have until September 19, 2014 to pay the fine in lieu of serving the
three day suspension as outlined in the agreement.
If the Board does not accept the Stipulation Agreement, the licensee has the option to
withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for
September 23, 2014 as stated in the Stipulation Agreement.
Advantages:
The approval of the agreement reduces the cost to the Town of a Show Cause
hearing and the time in finding a violation occurred, as the licensee has agreed a
violation has occurred.
Individuals subpoenaed would not be required to attend the Show Cause hearing.
Disadvantages:
None.
Action Recommended:
Approve the Stipulation Agreement with Gast Haus Estes Park, Inc., dba Molly B for the
underage sale and serving of alcohol and permitting a person under the age of eighteen
(18) years to serve alcohol beverages conducted during a compliance check on August
9, 2014.
Budget:
None.
Level of Public Interest
High. The other liquor establishments are aware of the compliance checks and the new
violation guidelines approved by the Town Board in April.
Stipulation Agreement – Gast Haus Estes Park, Inc., dba Molly B, 200 Moraine Avenue, Tavern Liquor
License 3
Sample Motion:
I move to approve/deny the Stipulation Agreement with Gast Haus Estes Park, Inc., dba
Molly B.
Attachments:
Stipulation Agreement
Order to Show Cause and Notice of Hearing
Letter from Manish Shankar dated August 10, 2014
BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF ESTES PARK, COLORADO
______________________________________________________________________________
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
______________________________________________________________________________
IN THE MATTER OF:
MR. HUBERT FELDEN
GAST HAUS ESTES PARK, INC.
D/B/A MOLLY B
200 MORAINE AVENUE
P. O. BOX 3280
ESTES PARK, COLORADO 80517
LICENSE NO: 42-93084-0000
______________________________________________________________________________
WHEREAS, it has been made to appear to the Local Licensing Authority, Town of Estes Park, State
of Colorado, that GAST HAUS ESTES PARK, INC.., d/b/a Molly B, 200 Moraine Avenue, Estes
Park, Colorado 80517 ("Licensee"), has violated the statutes or the rules and regulations of the
Department of Revenue governing its tavern liquor license in the following particulars:
I) Pursuant to Section 12-47-901 (1)(a.5)(I), C.R.S., except as provided in Section 18-13-122,
C.R.S., it is unlawful for any person to sell, serve, give away, dispose of, exchange, or
deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any
person under the age of twenty-one years.
A) It is alleged that on August 9, 2014, the Licensee, through its employee/agent,
Manish Shankar, permitted the sale, serving, giving, or procuring of an alcohol
beverage to a juvenile under age of 21 years.
II) Pursuant to Section 12-47-901(5)(a)(I), C.R.S., the Licensee permitted a person under the
age of eighteen (18) years, to serve alcohol beverages.
A) It is alleged that on August 9, 2014, the Licensee, through its employee/agent,
Manish Shankar, permitted an underage server to serve an alcohol beverage.
NOW THEREFORE, you are hereby ordered to appear before the local licensing authority
to show cause why your said license should not be suspended or revoked as by law provided.
A Show Cause Hearing is set for September 9, 2014 at 7:00 p.m. and will be held in the
Town Board Room at 170 MacGregor Avenue, Estes Park, Colorado.
Order to Show Cause and Notice of Hearing
Molly B
Page 2 of 2
You are entitled to have an attorney represent you at the hearing. If you should retain an
attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a
postponement will not be granted except for good cause shown. If you should fail to appear at the
scheduled time and place for the hearing, testimony will be taken in reference to the allegations,
upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code
may be suspended or revoked.
Please be further advised that if the Local Licensing Authority does find you in violation of
any of the above-cited section(s) of the Colorado Liquor or Beer Code, the Local Licensing
Authority may consider, in selecting the sanction to be imposed against you, any mitigating or
aggravating factors, any prior violations of the Colorado Liquor or Beer Code, as well as any
sanctions previously imposed against you.
IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or
delivered to the above-mentioned Licensee.
IN WITNESS WHEREOF, I have here unto set my hand and seal of my office this ____
day of _____________, 2014.
_______________________________
Town Clerk
Stipulation Agreement – Carl E. Scott., dba Coffee on the Rocks, 510 Moraine Avenue, Tavern Liquor
License
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2014
RE: Stipulation Agreement – Carl E. Scott dba Coffee on the Rocks, 510
Moraine Avenue, Tavern Liquor License
Objective:
To approve a Stipulation Agreement with Carl E. Scott dba Coffee on the Rocks, 510
Moraine Avenue, for the sale of alcohol to a minor and permitting an underage server to
sell alcohol beverages during a compliance check on August 9, 2014.
Present Situation:
The Town Board approved Resolution 16-14 at their meeting on Tuesday, August 26,
2014 setting a Show Cause hearing for Carl E. Scott., dba Coffee on the Rocks, on
Tuesday, September 9, 2014 for violations of the Colorado Liquor Code Sections 12-47-
901 (1) (a.5)(I) C.R.S and 12-47-901(5)(a)(I) C.R.S., alleging the Licensee, through its
employee, sold & served alcohol to a person under the age of twenty-one and permitted
a person under the age of twenty-one (21) years to serve alcohol beverages.
Staff has been in discussions with the owner’s representative for the business. The
owner has stated no objections to the fact violations occurred at their business and
have been cooperative in discussing a stipulation agreement. The licensee was
granted a liquor license in April 2013 and has not had a previous violation of their liquor
license.
Proposal:
Police Chief Kufeld and Town Clerk Williamson met with the owner’s representative to
hold a pre-hearing and discuss entering into a stipulation agreement. Through the
stipulation process Coffee on the Rocks has waived their rights to a Show Cause
hearing before the Board of Trustees in order to determine if violations occurred.
Coffee on the Rocks agrees the violations occurred and has agreed to a 14 day
suspension, with no actual time served, and a written warning of its Tavern Liquor
License as a penalty for the violations. The 14 days held in abeyance would be
suspended on the condition no further violation occurs during the one-year stipulation
period commencing September 9, 2014.
Staff reviewed the recommended practices with the owner’s representative outlined in
the sentencing guidelines adopted by the Town Board in April. The licensee stated
Stipulation Agreement – Carl E. Scott dba Coffee on the Rocks, 510 Moraine Avenue, Tavern Liquor
License 2
openly that written policies are not in place; the employee who served the underage did
not attend T.I.P.S. training but was trained by T.I.P.S. certified staff; and management
staff is normally scheduled for each shift. The licensee has provided staff with a written
statement on how they are going to address each of the recommended practices
outlined in the guidelines to improve their business practices, see attached letter to
Town Clerk Williamson.
The owner’s representative has stated it was understood that a Tavern license could
employee an eighteen (18) year old under the supervision of a twenty-one (21) year old
if meals were provided. In reviewing the case it was determined breakfast burritos and
sandwiches served at the business are not full meals, and therefore, an employee
under the age of twenty–one (21) years would not be permitted to serve alcohol with a
Tavern license. It was also determined the act was not willful by the licensee, rather a
misunderstanding of the liquor code. Staff therefore does not consider this an
aggravating factor when determining the penalty for the violations that occurred during
the compliance check.
The employee has left the business to attend college; however, she will be attending
Restorative Justice for the serving of alcohol to an underage patron. In addition, it is
staff’s understanding the business has changed its hiring practices and will only hire
employees twenty-one (21) years and older.
Staff did take into consideration the lack of official T.I.P.S. training and the lack of
recommended practices when determining the penalty. The guidelines state a written
warning is applicable when the employee has completed T.I.P.S. training and when
recommend practices are in place. Therefore, staff has recommended a stipulation
agreement that includes a written warning with days held in abeyance.
The Stipulation Agreement is attached for the Board’s review. If approved the notice of
findings will serve as the written warning.
If the Board does not accept the Stipulation Agreement, the licensee has the option to
withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for
September 23, 2014 as stated in the Stipulation Agreement.
Advantages:
The approval of the agreement reduces the cost to the Town of a Show Cause
hearing and the time in finding a violation occurred, as the licensee has agreed a
violation has occurred.
Individuals subpoenaed would not be required to attend the Show Cause hearing.
Disadvantages: None.
Action Recommended:
Approve the Stipulation Agreement with Carl E. Scott dba Coffee on the Rocks for the
underage sale and serving of alcohol and permitting a person under the age of eighteen
(18) years to serve alcohol beverages conducted during a compliance check on August
9, 2014.
Stipulation Agreement – Carl E. Scott dba Coffee on the Rocks, 510 Moraine Avenue, Tavern Liquor
License 3
Budget:
None.
Level of Public Interest
High. The other liquor establishments are aware of the compliance checks and the new
violation guidelines approved by the Town Board in April.
Sample Motion:
I move to approve/deny the Stipulation Agreement with Carl E. Scott dba Coffee on the
Rocks.
Attachments:
Stipulation Agreement
Order to Show Cause and Notice of Hearing
Letter to Town Clerk dated September 9, 2014
BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF ESTES PARK, COLORADO
______________________________________________________________________________
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
______________________________________________________________________________
IN THE MATTER OF:
MR. CARL E. SCOTT
D/B/A COFFEE ON THE ROCKS
510 MORAINE AVENUE
ESTES PARK, COLORADO 80517
LICENSE NO: 4701353
______________________________________________________________________________
WHEREAS, it has been made to appear to the Local Licensing Authority, Town of Estes Park, State
of Colorado, that Carl E. Scott d/b/a Coffee on the Rocks, 510 Moraine Avenue, Estes Park,
Colorado 80517 ("Licensee"), has violated the statutes or the rules and regulations of the Department
of Revenue governing its tavern liquor license in the following particulars:
I) Pursuant to Section 12-47-901 (1)(a.5)(I), C.R.S., except as provided in Section 18-13-122,
C.R.S., it is unlawful for any person to sell, serve, give away, dispose of, exchange, or
deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any
person under the age of twenty-one years.
A) It is alleged that on August 9, 2014, the Licensee, through its employee/agent,
Elizabeth Palmer, permitted the sale, serving, giving, or procuring of an alcohol
beverage to a juvenile under age of 21 years.
NOW THEREFORE, you are hereby ordered to appear before the local licensing authority
to show cause why your said license should not be suspended or revoked as by law provided.
A Show Cause Hearing is set for September 9, 2014 at 7:00 p.m. and will be held in the
Town Board Room at 170 MacGregor Avenue, Estes Park, Colorado.
You are entitled to have an attorney represent you at the hearing. If you should retain an
attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a
postponement will not be granted except for good cause shown. If you should fail to appear at the
scheduled time and place for the hearing, testimony will be taken in reference to the allegations,
upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code
may be suspended or revoked.
Order to Show Cause and Notice of Hearing
Coffee on the Rocks
Page 2 of 2
Please be further advised that if the Local Licensing Authority does find you in violation of
any of the above-cited section(s) of the Colorado Liquor or Beer Code, the Local Licensing
Authority may consider, in selecting the sanction to be imposed against you, any mitigating or
aggravating factors, any prior violations of the Colorado Liquor or Beer Code, as well as any
sanctions previously imposed against you.
IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or
delivered to the above-mentioned Licensee.
IN WITNESS WHEREOF, I have here unto set my hand and seal of my office this ____
day of _____________, 2014.
_______________________________
Town Clerk
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: September 5, 2014
RE: Parks Advisory Board Appointments
Objective:
To consider the appointments recommended by the interview committee for the Parks
Advisory Board.
Present Situation:
On May 27, 2014 the Town Board at their regular meeting approved Resolution 12-14
forming the Parks Advisory Board, formally known as the Tree Board. This change was
made for a number of reasons but one specific reason was to broaden the scope of the
Board and increase interest.
The proposed bylaws outline the membership of the board as 7 members with three
year terms staggered to ensure no more than three members expire on any given year.
This is a change from the current four year terms of the previous Tree Board. Therefore
to maintain the staggering of the appoints each new appointment will need to be
adjusted to one of three options: approximately 16 month term expiring December 31,
2015, 28 month term expiring December 31, 2016 or 40 month term expiring December
31, 2017. The Board currently has three vacant positions.
The Administrative Service department advertised for 3 positions on the Board and
received 5 applications. The interview team consisting of Trustee Holcomb, Trustee
Norris and Parks Maintenance Supervisor Franklin conducted interviews of the
applicants on August 28, 2014 and September 5, 2014.
Parks Advisory Board Appointments
2
Proposal:
The interview team recommends the appointment of Terry Rustin to a term expiring on
December 31, 2017, Ronna Boles with a term expiring on December 31, 2016, and not
filling the term expiring on December 31, 2015 at this time. Mr. Rustin has an extensive
knowledge of the arts, is an artist and has a number of connections to the local art
community. The committee left strongly that he would provide important insight on
developing a cultural arts policy and program. Mrs. Boles has worked with the Town as
a seasonal in the Parks division for two seasons in the past and has knowledge of the
Parks inter-workings and also possesses knowledge of the visual arts through Masters
degree.
The open position on the Board would not be readvertised until next year when an
additional position would expire in consideration of the staff time it takes to conduct the
process, and the fact the appointment would likely be for less than a year.
Advantages:
To appoint qualified individuals to the Board to meet the goals of the newly formed
Parks Advisory Board.
Disadvantages:
If the appointment is not made, the position would remain vacant until the position
could be re-advertised and interviews conducted.
Action Recommended:
Appointment of Terry Rustin to a term expiring on December 31, 2017, Ronna Boles
with a term expiring on December 31, 2016, and not filling the term expiring on
December 31, 2015 at this time.
Budget:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Terry Rustin to a term expiring on
December 31, 2017 and Ronna Boles with a term expiring on December 31, 2016.
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: September 9, 2014
RE: Carriage Hills Pocket Park Lease Agreement
Objective:
Provide Town approval to the Estes Valley Recreation and Park District (EVRPD) for
the use of Town property within Carriage Hills Subdivision for the construction,
operation, and maintenance of a pocket park, parking lot, and associated
improvements.
Present Situation:
The EVRPD was selected to receive a private charitable donation of all materials and
labor needed to build a new neighborhood playground. The donation is contingent upon
provision of a suitable site that is easily accessible, within walking distance for families
with children, and construction-ready before winter weathers sets in. All work must be
completed and closed out in 2014.
Proposal:
The proposed site near Carriage Drive and Larkspur Avenue was selected by the
EVRPD due to its accommodating topography, accessibility from the adjacent Fish
Creek Trail, Highway 7 Trail, Carriage Hills Ponds Trail and proximity to families with
approximately 175 elementary-school and preschool age children. This parcel is owned
by the Town of Estes Park. The proposed Lease Agreement grants permission to
EVRPD to use approximately 10,300 sf of the Town parcel for the proposed
neighborhood pocket park for a period of 10 years. The lease is renewable for an
additional 15 years. There is no proposed charge by the Town to EVRPD for the lease
of this land.
Land Use Review. Community Development staff has reviewed this proposal, and finds
it complies with the Estes Valley Development Code (EVDC).
Because the playground will be publicly owned, the project is subject to Location and
Extent Review. The EVDC requires that Location and Extent Review proposals follow
the same review and approval process as development plan. Because of the small size
of the playground, it does not reach the threshold for development plan review, and
therefore the review was done at staff level.
Pertinent development regulations include 50-foot setback from wetlands and 15-foot
setback from property lines (which this proposal complies with).
The development code allows recreation uses in open space areas. Examples include
the 18-hole golf course, Stanley Park, and the Fairgrounds.
Advantages:
The proposed pocket park will provide outdoor recreation space where families and
extended families can come together, play, socialize, and build relational bonds of
friendship. These interactions create a stronger sense of community which link our
residents together, and create a context for intergenerational sharing of life experiences,
history, and enthusiasm. Situating the pocket park at this location provides convenient
access for families to walk or bike to the park without the risks of traveling along busy
roadways. This reduces the noise, congestion, and air pollution associated with
vehicular trips. A playground will add to the opportunities that youth have to be
physically active and interact with nature. This pocket park will be ADA accessible.
Current uses in this active open space park include: biking, walking, scootering, fishing,
dog walking, ice hockey in the winter.
Disadvantages:
Not all pocket park users will walk or bike to this destination. The provision of a small
parking lot for 4 to 8 cars will add new traffic and turning movements onto Carriage
Drive. The parking lot location has been situated east of an existing driveway on the
south side of Carriage Drive to respect the home owner concerns of headlights shining
in their windows. Since neither the parking lot nor the pocket park will be illuminated,
Staff believes there will be little to no nighttime use of either the park or the parking lot.
Staff would not expect any problems attributable to vehicle headlights.
The proposed neighborhood park will introduce playground equipment into existing
open space land occasionally used by wildlife for grazing and circulation. The arrival
and departure of cars in the parking lot and the laughter of children playing will increase
the noise levels at this location.
Action Recommended:
Staff recommends the Town Board approve the Lease Agreement with EVPRD.
Budget:
No Town funds will be used for this proposal.
Level of Public Interest
This project has a modest level of interest among the community. The EVPRD has
conducted a neighborhood meeting and web-based survey which polled 230
respondents. 80% of the respondents indicated support for the proposed neighborhood
pocket park. Results of the survey are included with this memo.
Sample Motion:
See memo from Attorney White for the sample motion and discussion of the Ordinance.
Town Attorney Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: September 3, 2014
RE: Ordinance No. 15-14 Approving the Lease Agreement with the Estes
Valley Recreation and Park District for a Pocket Park
Objective:
Review and, if appropriate, approve the Lease Agreement between the Town and the
Estes Valley Recreation and Park District for property owned by the Town in Carriage
Hills for the purpose of constructing and operating a pocket park and parking area.
Present Situation:
The Rec District has requested leasing Town property in Carriage Hills for construction
and operation of a pocket park and parking area. The property proposed to be leased is
located on property owned by the Town within Carriage Hills. A description of the
leased property is on Exhibit A of the Lease Agreement. The Rec District has received
all necessary approvals from the Community Development Department to proceed with
this project, subject to approval of the lease. The lease of the Town property is
consistent with the restriction in the deed conveying the property to the Town dated
August 23, 1991. The lease is for an initial ten year term with three automatic five year
renewals. Under the terms of the lease, the Rec District is responsible for the design,
construction and operation of the pocket park, including the parking lot and walkway
located within the leased property. The Rec District is responsible for providing
appropriate liability insurance, indemnifying the Town for all claims, demands and
liabilities for any loss or damage as a result of the Rec District’s occupation and use of
the property, and construction, maintenance and repair of all improvements on the
leased property.
Proposal:
The Lease must be approved by the adoption of Ordinance No. 15-14 by the Board of
Trustees as the lease period is greater than one year. Adoption of Ordinance No. 15-14
approves the Lease with the Rec District and allows the Rec District to move forward to
construct and operate the pocket park and parking area as more specifically provided in
the Lease.
The Rec District has requested that Ordinance No. 15-14 be adopted as an emergency
ordinance to allow immediate possession of the leased property. Adoption of an
emergency ordinance requires the affirmative approval of three-fourth (3/4) of the
members of the Town Board which is six (6) Trustees voting to adopt the emergency
ordinance.
Advantages:
The lease of the property to the Rec District provides recreational opportunities for
citizens and guests of the Town.
Disadvantages:
There has been some public comment as to the appropriateness of this property for
the proposed pocket park and parking area.
Action Recommended:
Adopt Ordinance No. 15-14 approving the Lease Agreement.
Budget:
None.
Level of Public Interest
At a recent public meeting, there was considerable discussion concerning this proposed
use of the Carriage Hills property.
Sample Motion:
I move to approve/deny Ordinance No. 15-14 approving the Lease Agreement between
the Town of Estes Park and the Estes Valley Recreation and Park District for a pocket
park, including playground structure, parking lot and walkway.
ORDINANCE NO. 15-14
AN ORDINANCE APPROVING THE LEASE AGREEMENT WITH
THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR A POCKET PARK
WHEREAS, the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town to lease property located within Carriage Hills to
the Estes Valley Recreation and Park District for use by the District as a pocket park
and parking area.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1. The Lease Agreement, a copy of which is attached hereto as Exhibit A
and incorporated herein by this reference, is hereby approved and the appropriate
officials of the Town of Estes Park are hereby authorized to execute the Lease
Agreement.
Section 2. The Board of Trustees hereby finds, determines and declares this
Ordinance is necessary for immediate preservation of the public health or safety in
order to allow the District immediate possession of the leased property; and this
Ordinance shall take effect immediately upon its adoption and signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS __DAY OF __________ , 2014.
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the _______ day of _______________, 2014, and
published in a newspaper of general circulation in the Town of Estes Park, Colorado,
on the _______ day of __________________, 2014.
_____________________________
Town Clerk
Page 1 of 7
LEASE AGREEMENT
(Pocket Park)
THIS LEASE AGREEMENT is effective this ___ day of _______ 2014, by and between the TOWN
OF ESTES PARK, COLORADO (the “Lessor” or “Town”) and ESTES VALLEY RECREATION AND PARK
DISTRICT (the “Lessee”).
1. LEASE OF PREMISES
The Lessor does hereby lease to the Lessee that certain property located in the Carriage Hills
Subdivision in the Town of Estes Park, Colorado (the “Property”) as more fully described in the attached
Exhibit A.
2. USE
The Lessee shall, during the term of this Lease and any renewal or extension thereof, construct,
maintain and operate on the Property a pocket park consisting of a playground structure, parking lot
and walkway (the “Improvements”).
Lessee shall commit no act of waste and shall take good care of the Property and shall, in the
use and occupancy of the Property, conform to all federal, state and Town laws, orders and regulations.
3. CONSTRUCTION OF THE IMPROVEMENTS
Lessee shall provide design specifications for all Improvements to be constructed on the
Property for review and approval by the Town prior to the construction of the Improvements.
4. MAINTENANCE OF THE IMPROVEMENTS
Lessee shall maintain the Improvements in good and operable condition and perform such
repairs that become necessary from time to time during the term of this Agreement and any
renewals. Lessee shall inspect the Improvements on a periodic basis, and shall provide a written
report to the Town on or before March 31 of each calendar year on the conditions of the
Improvements. Lessee shall maintain the parking area and all walkways located within the Property
free and clear of all ice and snow.
5. ALTERATIONS OF THE IMPROVEMENTS
Lessee shall not make any alterations or additions to the Improvements without the written
consent of the Lessor. Such written consent will not be unreasonably withheld.
6. APPROVAL
Lessee shall be responsible for obtaining all necessary approvals for construction of the
Improvements and use of the Property. All costs to obtain said approvals shall be the responsibility
of the Lessee.
Page 2 of 7
7. TERM
The term of this lease shall be for a ten (10) year period commencing on the day of _______,
2014 and ending on the _____day of , 20 . This Lease shall automatically renew for
three (3) additional five (5) year periods unless Lessee terminates the Lease by giving written notice
to Lessor of its intent to terminate this Lease at least six (6) months prior to the end of the base term
or any extended terms. In the event that this lease is extended for the additional period, all terms and
conditions of this lease shall remain in force and effect.
8. RENT
There shall be no rent payable for leasing of the Property.
9. LIABILITY INSURANCE
The Lessee shall provide the Lessor with certificates of liability insurance for comprehensive
general liability and comprehensive automobile liability insurance in an amount of no less than Three-
Hundred and Fifty Thousand Dollars ($350,000) per person, and Nine-Hundred and Ninety Thousand
Dollars ($990,000) per occurrence, and Fifty Thousand Dollars ($50,000) property damage, naming
Lessor as additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining
an appropriate endorsement to any umbrella policy or liability insurance the Lessee may maintain.
Lessee may provide for the insurance set forth above partially or wholly by means of a self-insurance
fund. In the event that the liability limits of the Colorado Governmental Immunity Act are increased
over the current limits of Three-Hundred and Fifty Thousand Dollars ($350,000) per person, and Nine-
Hundred and Ninety Thousand Dollars ($990,000) per occurrence, Lessee shall be obligated to
increase its general and automobile liability insurance in an amount equal to or greater than the limits
of the Colorado Governmental Immunity Act.
10. GOVERNMENTAL IMMUNITY
The parties understand and agree that the parties are relying on, and do not waive or intend to
waive by any provision of this Lease, the monetary limitations (presently $350,000 per person and
$990,000 per occurrence) or any rights, immunities and protections provided by the Colorado
Governmental Immunity Act, Sections 24-10-101, et seq. C.R.S., as from time to time amended or
otherwise available to the parties or any of their officers, agent or employees. The Lessor shall be
named as an additional insured.
11. INDEMNITY
To the extent lawfully allowed, Lessee agrees to indemnify, protect and save harmless the
Lessor from any and all claims, demands and liability for any loss, damage or injury, including death,
or other like or different casualty to persons and property used by and growing out of, or happening in
connection with Lessee's use and occupancy of the Property, and the Improvements located or to be
located thereon, due to the negligence of Lessee, its agents, servants, or employees. Said
indemnification shall include all reasonable attorney's fees and court costs incurred by Lessor for the
defense of all claims, damages, and liabilities that are subject to Lessee's indemnification obligation.
Page 3 of 7
12. CONDITION OF SITE
During the term of this Lease and any Renewal Term, the Lessee shall be responsible for any
and all damages to the Property caused by or attributed to any actions by the Lessee or its users.
13. TERMINATION
Upon termination of this Lease, Lessee shall be entitled to remove all of its personal property
including all structures erected on the Property if the same can be removed without damaging Lessor's
underlying property. In the event that any structure erected on the Property cannot be removed by
Lessee without damage to Lessor's underlying property, said structure shall remain on the Property
upon termination of the Lease.
14. NOTICES
All notices required or permitted hereunder shall be in writing and shall be deemed given if
personally delivered or mailed, certified or registered mail, return receipt requested, or sent by
overnight carrier to the following addresses:
If to Lessor:
Town of Estes Park
Attn: Town Administrator
P.0. Box 1200
Estes Park, CO 80517
If to Lessee:
Estes Valley Recreation and Park District
Attn: Executive Director
P.O. Box 1379
Estes Park, CO 80517
Or if a more current address or name has been given to the other party in writing, then to such
other address or name.
15. WAIVER
Failure or delay on the part of the Lessor to exercise any right, power or privilege hereunder
shall not operate as a waiver thereof.
16. DEFAULT
If either party is in default of any of its obligations hereunder and such default shall continue
for a period of more than thirty (30) days after written notice thereof, either party may terminate this
Lease for said default.
Page 4 of 7
17. ASSIGNMENT
The Lessee shall not assign its rights under this Lease or any interest herein, or convey the
whole or any portion of the Property, without the prior written consent of the Lessor.
18. ENTIRE AGREEMENT
This Lease constitutes the entire agreement of the Parties hereto with respect to the subject
matter hereof and supersedes all prior offers, negotiations, and agreement, whether written or oral,
between the Parties hereto with respect to the subject matter hereof.
19. UTILITIES
The Lessee will be responsible for payment of all utilities used on the Property.
[Remainder of Page Left Blank Intentionally]
Page 5 of 7
[Signature Page for Lease with Estes Park – Pocket Park]
LESSOR:
TOWN OF ESTES PARK
_________________________________
Mayor
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____day of ____________, 2014, by
William C. Pinkham, Mayor of the Town of Estes Park.
WITNESS my hand and official seal.
__________________________________
Notary Public
My commissions expires: _________________
Page 6 of 7
LESSEE:
ESTES VALLEY RECREATION AND PARK DISTRICT
_________________________________
President
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____day of ____________, 2014, by
Kathryn Asche, President of the Board of Directors of the Estes Valley Recreation and Park District
WITNESS my hand and official seal.
__________________________________
Notary Public
My commissions expires: _________________
Page 7 of 7
EXHIBIT A
(Leased Property)
Public Comment received for Ordinance #15-14 Lease of Carriage Hills Open
Space for a playground.
September 9, 2014
From: Estes Park Wine Company <estesparkwinecompany@gmail.com>
Date: Tuesday, September 9, 2014
Subject: Carriage Hills Playground Project
Dear Mayor,
Thank you for your consideration of this message in support of the completion of the Carriage Hills Playground
Project. As a mother of three young children and a working professional in Estes Park, I have had the privilege
of collaborating with a number of stakeholders to discuss and try to address the challenges facing workforce
and housing infrastructure in Estes Park. Initiatives that support young families with working parent/s translates
into support for the community of Estes Park and keeps our economy viable. This project is one way to support
families who would like to continue to live in and enjoy Estes. Thank you again for your consideration of this
project.
With appreciation,
Karen Nicholson
Blake, Decker (7), Ben (5) and Hannah (4) Nicholson
From: Jen Frickey <jenfrickey@gmail.com>
Date: Tuesday, September 9, 2014
Subject: I really support the Carriage Hills Playground!
EP Town Board members,
First of all, thank you for the work you do for our town. As a member of this community I truly value and
appreciate all you do to keep our town running and improving. I know there are many many things you do
behind the scenes to make this an incredible place to live.
I am writing today to share my strong support of the Carriage Hills playground project. As a mother, community
member, teacher and volunteer in Estes Park, I strongly believe there is an increased need for outside physical
space and structures to promote physical activity for our children.
I know that other members of the community are sending you detailed lists of why this is a project they support
- and I strongly support the reasons and evidence that are being circulated. I wanted to take the time to write an
individual email sharing that in a community like ours, I believe it is important for the health and wellness of our
community that we have FREE, ACCESSIBLE opportunities for all families to be outside, active, and healthy.
Structures like this also promote families and generations in coming together to socialize and spend time
together in a common space.
I STRONGLY encourage you to vote for this project. The funding is in place, the ongoing support and
maintenance is in place, and there is a need for increased opportunity like this in our town. To me, it is an easy
proposal to approve and shows that we value all the generations and ages that live in this great town.
Thank you for the time, care, and intentionality you put into sustaining and growing a strong community. As a
mother of a 2 year old and a 4 year old, I want to raise my children in a community that values all ages and
promotes an active lifestyle.
Thank you for all you do,
Jen Frickey
Estes Park resident & community member
Director of Curriculum
Eagle Rock School & Professional Development Center
From: Stephen Faillaci <sfaillaci@outlook.com>
Date: Tuesday, September 9, 2014
Subject: In support of the Carriage Hills Playground
Dear Mayor Pinkham & Estes Park Town Trustees,
Please accept this letter as my support for the Carriage Hills playground. My wife and son moved to Estes
Park in May of 2011 and fell in love with the town and the Carriage Hills neighborhood. We looked all over
Estes Park for a home but ultimately decided on Carriage Hills as we feel in love with our home. Additionally,
Carriage Hills was one of the only neighborhoods that young family like ours could afford in Estes Park.
We are involved in the town and have forged friendships that will last a lifetime. However, these friendships
were difficult to develop with the limited number of young families in the town. It took approximately nine
months for my wife and I to meet other young families in the area. I believe this is in part due to limited meeting
places in town where full time residences can come together.
Estes Park does attract many wonderful visitors (bless them as they are our life blood!) and therefore the
orientation of the town is toward them. However, with many people coming and going out of the town it does
make growing relationships difficult for full time residents. When I heard about the Carriage Hills Playground I
was extremely excited as it offers us a place to connect with our neighbors.
We live off Scott Avenue so the location of the park is ideal for us. We have many friends that live in Carriage
Hills who would also be near to the park. I cannot tell you how nice it will be to have a place to take our son,
Rocco, to play with his friends that is so near to our home. If you have every tried to get a toddler in a car you
know how nice it would be to have a playground that we could walk him to. I see our family using this park
multiple times a week (anything we can do to help compete against the on slot of technology).
I did attend the August 16th town meeting at the Senior Center and was impressed with the plans for the FREE
park. I was surprised to hear some residents objecting to the park. I would like to address some of those
objections now.
Common concerns raised by the individuals objecting to the park were safety. The two most common were:
1) Kids crossing highway 7 by themselves
2) Kids approaching the elk
If we are being honest, these arguments against the park are spurious. Both arguments require the belief that
parents just let their kids run wild with no supervision. We all know this is false. These days’ kids are never left
unsupervised. Gone are the days where kids had to be home when the streetlights come on (although sad, it is
true). As a parent of a four year old we are always on constant watch.
With all due respect, I believe these arguments are unauthentic and coming from a population that is against
either any development or do not want children and families playing near their homes. At the August
16th meeting it should be noted that none of these arguments came from young families.
I thank you for all that you do for this town. I encourage you to cast your vote in favor of the Carriage Hills
Park.
Stephen Faillaci
1960 Sharon Ct. N
Estes Park, CO 80517
From: ChefDough <chefdough@yahoo.com>
Date: Tuesday, September 9, 2014
Subject: Carriage Hills playground
I support Carriage Hills playground! Please vote yes!
Thanks you! Mark Dougherty
From: Jason Cushner <jasoncushner@gmail.com>
Date: Tuesday, September 9, 2014
Subject: I support the carraige hills playground
HI,
We are a family with a 3 and 6 year old and so we can't make the meeting tonight because it's bedtime but I
support the carraige hills playground. Thanks,
Jason
Jason Cushner
2750 Notaiah Rd
Estes Park, Co 80517
From: Matthew Liston <mliston@eaglerockschool.org>
Date: Tuesday, September 9, 2014
Subject: I support the Carriage HIlls Playground
Why I support the project:
Carriage Hills has largest population of youth in walking distance of proposed playground location in
Estes Valley area – 175 students not including preschool, homeschool, or grandkids
Youth connect with nature much differently than 5, 10 or 15 years ago. Getting kids outside is
important to keep them healthy and gain an appreciation for nature and the outdoors. Technology is
difficult to compete against in today’s world and with new generations.
Parents teach their children how to cross Highway 7 or accompany them to cross this highway.
Parents teach their children how to avoid elk during the calving and rut seasons and often times deal
with this on a regular basis when visiting Stanley Park or the Lake Estes Marina playground where
these elk activities are prevalent.
Great location for the playground since many trails converge in the area such as the Highway 7 trail,
Carriage Hills ponds trail, Fish Creek Trail (once its rebuilt).
This playground could create new neighborhood relationships, planned outings, and social interaction.
I have connections with several families who work at Eagle Rock, a combined total of 8 children under
the age of 6 who love spending time with the children playing outside.
From: cooksep cooksep <cooksep@bajabb.com>
Date: Tuesday, September 9, 2014
Subject: Pocket Playground
Dear Mayor Pinkham and the Board of Trustees,
This is the second note I have sent expressing support for the proposed playground. I would like to thank those
who responded positively last week.
I am sending this as I will not be able to attend the meeting tonight, and hope this will count as a supportive
voice in favor of the playground.
Although at times there is wildlife in the area I am not aware of any incident or confrontation with children. This
is taking in account that the area is used by children (and adults) for fishing, and children playing hockey in the
winter months.
My wife and I walk our dog on the trail adjacent to the proposed park area several times a week and although
we enjoy watching any Elk that might be around we have never felt threatened at any time.
We both think the park will be a great asset for the families in the area and even for us to use when our
grandchildren visit multiple times a year. Last month our niece was here for a week. She had her three boys
and one of their friends. The four boys ranged from seven years to fifteen years in age, and they would have
had a ball playing there.
So on behalf of the many families who will use the playground in a responsible manner my wife Barbara and I
would like to speak in favor of the project.
Sincerely,
Bill Cook
Past President - Carriage Hills POA
rom: Kathy Reed <kathryn7reed@aol.com>
Date: Tuesday, September 9, 2014
Subject: I support the Carriage Hills playground
I do hope that the town board is going to do the right thing for Estes Park when they vote tonight. This
playground is just one thing that will encourage young families to make Estes Park their home and bring new
jobs and increased spending with them.
Kathy Reed
524 RiverRock
Estes Park, CO 80517
577-1572
From: Jacques Fournet <jaco@eaglerockschool.org>
Date: Tuesday, September 9, 2014
Subject: CarriageHillsProject
Why I support Carriage Hills Project:
•Carriage Hills has largest population of youth in walking distance of proposed playground location in Estes
Valley area – 175 students not including preschool, homeschool, or grandkids
• Youth connect with nature much differently than 5, 10 or 15 years ago. Getting kids outside is important to
keep them healthy and gain an appreciation for nature and the outdoors. Technology is difficult to compete
against in today’s world and with new generations.
• Parents teach their children how to cross Highway 7 or accompany them to cross this highway.
• Parents teach their children how to avoid elk during the calving and rut seasons and often times deal with this
on a regular basis when visiting Stanley Park or the Lake Estes Marina playground where these elk activities
are prevalent.
• Great location for the playground since many trails converge in the area such as the Highway 7 trail, Carriage
Hills ponds trail, Fish Creek Trail (once its rebuilt).
• This playground could create new neighborhood relationships, planned outings, and social interaction.
• I have connections with several families who work at Eagle Rock, a combined total of 8 children under the
age of 6 who love spending time with the children playing outside.
InHarmony,
J Jacques Fournet II
1615 Gray Hawk Court
Estes Park, CO 80517
970.586.0600 ext 1245
From: Don Reed <hdreed8536@aol.com>
Date: Tuesday, September 9, 2014
Subject: Playground
I support the playground in Carriage Hills.
Don Reed
524 Riverrock Circle
Estes Park, CO 80517
From: Erica Goad <erica.goad@gmail.com>
Date: Tuesday, September 9, 2014
Subject: Scott ponds area playground
Dear Mayor Pinkham and Town Trustees,
I am writing to urge you to vote in favor of installing the playground at the Scott Ponds area off of Highway 7 in
Carriage Hills, operated by the Estes Valley Recreation and Parks District at your meeting today. This is a
critical opportunity to help kids in an under-served part of town get outside and connect with nature. The fact
that the playground is paid for through grants and employees of the builder will be installing it makes it a great
economic decision as well as one that will provide huge benefits to our community. The playground has
received overwhelming public support
(link to survey results here), so please vote in favor of its installation.
Thank you!
Erica Goad
1481 Bluebell Drive
From: Anastacia Galloway <agalloway@eaglerockschool.org>
Date: Tuesday, September 9, 2014
Subject: I support the Carriage Hills playground
Hello,
I'm writing to show my support of the Carriage Hills playground. I work at Eagle Rock, I have a toddler
growing up in our community, and my partner & I bought a downtown business, Inkwell & Brew. While I
understand that many people in our community are retirees, the future of our community should also include
the young people running businesses, providing tax revenue to support projects, having youth in our schools,
and developing the young minds to enjoy the great outdoors so that when they are in positions of power later in
life they will choose to conserve or build sustainably rather than for greed & corporate profit. Allowing them the
space & place to play & grow & explore & experience the outdoors is crucial.
It's my understanding that the public survey shows over 80% support for this project. If that is the case, why
was is there a need for unanimous vote by the board? Hopefully, you all will take into consideration that 80%
of our community supports this playground. If that isn't enough, below are some other reasons. Unfortunately,
my family cannot make it to the meeting tonight at 7p.m. is bedtime in our home. Please consider that families
are not able to come to late meetings without paying for sitters or seriously disrupting the nighttime routine.
Other reasons why I support the project:
Why I support Carriage Hills Project:
•Carriage Hills has largest population of youth in walking distance of proposed playground location in Estes
Valley area – 175 students not including preschool, homeschool, or grandkids
• Youth connect with nature much differently than 5, 10 or 15 years ago. Getting kids outside is important to
keep them healthy and gain an appreciation for nature and the outdoors. Technology is difficult to compete
against in today’s world and with new generations.
• Parents teach their children how to cross Highway 7 or accompany them to cross this highway.
• Parents teach their children how to avoid elk during the calving and rut seasons and often times deal with this
on a regular basis when visiting Stanley Park or the Lake Estes Marina playground where these elk activities
are prevalent.
• Great location for the playground since many trails converge in the area such as the Highway 7 trail, Carriage
Hills ponds trail, Fish Creek Trail (once its rebuilt).
• This playground could create new neighborhood relationships, planned outings, and social interaction.
• I have connections with several families who work at Eagle Rock, a combined total of 8 children under the
age of 6 who love spending time with the children playing outside.
I hope that you will take all of this into consideration as you vote tonight. I voted for many of you to be on the
board with the trust that you'll make decisions for the betterment of our community as a whole, not just a small
portion who do not wish to see change happening.
Thank you,
From: christie nagl <mrstnagl@gmail.com>
Date: Monday, September 8, 2014
Subject: Carriage Hills Playground
Dear Town Board members and Mayor Pinkham,
First off let me say thank you for taking the time to read and take into consideration all the thoughts
and arguments involving this project. I am writing today in support of the Carriage Hills Playground Project.
How incredible is it that our town was chosen for a gift such as this? It seems a shame that we cannot just
graciously accept something so wonderful but instead must fight for it. Such is life.
As the mother of a young family that just moved into the Carriage Hills neighborhood, I cannot express
how excited my husband and myself were to hear about the playground going in right down the street from our
home. What a perfect location in the most family populated neighborhood in Estes. It is also close to so many
of our trails. This is certainly not the only neighborhood that should be graced with something for our children
but a great place to start. I would guess we would visit this particular playground 3-4 times a week. We
currently go to Stanley Park at least once a week but this would be within walking and biking distance for our
two young children.
Both my husband and I grew up here. We are happy that Estes has started moving in a more forward
direction, in favor of the young families that help to make our town operate. I believe anything that may promote
healthy, outdoor fun for our youth is an asset to our community. The playgrounds that currently exist in town
are extremely well maintained and loved by so many! They provide us places to let the children run, socialize
and build relationships. This too is not only for the children but for the mothers and fathers. Playgrounds are
somewhere we go to meet, allowing time for the kids to enjoy while the parents converse. This creates a sense
of community among families.
Please consider voting in favor of the Carriage Hills Playground. That would mean saying yes to an
opportunity that was graciously placed in our lap. It also would make for a bunch of very happy children and
their parents!
Christie & Ty Nagl
2540 Larkspur Ave
(970)290-4560
From: Zenda Smith <Zenda@evrpd.com>
Date: Monday, September 8, 2014
Subject: Do you support our kids?
Our community has been through a lot in the past year, that’s for sure. And we have been chosen out of a pool
of many other very deserving communities to receive a wonderful gift for our children. The Nordson
Corporation has generously offered to not only finance a brand new playground for our kids, but have also
generously offered to volunteer to build this playground as well. What a wonderful gift! And the fact that the
Town of Estes Park has the perfect location next to a great bike path, ponds used for ice skating, and in a
neighborhood that has over 175 youth living nearby couldn’t be a more perfect match made in heaven. In
addition, it is refreshing that the process has moved forward on this opportunity at a faster-than-to-be-expected
pace makes the project even more exciting for the residents of Carriage Hills and surrounding
neighborhoods. Wouldn’t it be great if all projects that benefit our community and quality of life could happen
so efficiently and easily?
When casting your vote on the addition of this playground, please consider how we are desperately trying to
keep up with other mountain towns that are becoming more attractive every day to young families who make up
the working class. The simple addition of a small playground on an unused piece of land says that “yes, we do
value our quality of life here in Estes Park” and “yes, we do want young families to choose Estes Park as a
place to become permanent members of our community”. Without these families, our schools will suffer with
decreased enrollment, our businesses will suffer from lack of employees, and ultimately we all will suffer. In
addition, the residents of Carriage Hills or any other neighborhood, for that matter, can enjoy this facility for
group gatherings, picnics, a rest spot during a bike ride, or just a nice place to watch wildlife. A playground is a
place where people from all walks of life can connect… where people can stop and appreciate a child’s
laughter … where people can take a break from the stress of daily life and notice nature.
I would hate to see a newspaper headline that says “Estes Park Leaders Oppose Playground”. With all of the
negative flood publicity we are so desperately trying overcome, that would be a huge step backwards. Please
vote YES and show the Estes Park community and the state of Colorado that you support our kids and that you
are proud to move forward in support of this wonderful project.
Thank you for your time,
Zenda Smith
(970)342-5723
From: <sullshalom@aol.com>
Date: Monday, September 8, 2014
Subject: Carriage Hills playground
I would like to offer my support for building the playground in Carriage Hills. I believe our town could benefit
from a playground in that area because it would be available to a large number of children who could walk or
ride bikes there from their homes. Children in the Carriage Hills area typically would not walk to the Stanley
Park playground or the small playground downtown near the river. Providing a park in walking/biking distance
would cut down on parents transporting the children in cars, thus doing our little bit to work towards an
environment with fewer gasoline emissions.
I realize that some people have voiced concern about the elk that walk through that meadowland frequently. In
my experience, I have not seen elk "worry" about structures such as playground equipment - they simply walk
around those structures. Putting up playground equipment is not the same as building a house or other
building on that property, structures would impact the elk paths.
I hope you will cast a positive vote for this playground. I think it be an asset to our town.
Thank you.
Molly Sullivan
Estes Park Resident
From: Kristen Rorabaugh <ksrorabaugh@gmail.com>
Date: Monday, September 8, 2014
Subject: Carriage Hills Playground Project
Dear Town Trustees and Town of Estes Leadership Staff,
I would like to thank you for taking the time to read this message. I am writing to express my support for the
Carriage Hills Playground Project.
Our family has been so excited since the announced potential of the Carriage Hills Playground. Our family
visits Stanley Park often with our children and we are grateful for its presence in the community. However, the
possibility of having a playground in our neighborhood is so exciting and encouraging! With a park in this
neighborhood location, it would give us a chance to spend time in the outdoors with our children, letting them
climb, explore and play in a safe place while we, as their parents, get to catch our breath, smile and watch our
children run about in the beautiful outdoors and play with them. Even more exciting, we could have the great
potential to meet a family who also lives in our large neighborhood which provides homes to so many young
and extended families. Phone numbers could be exchanged, upcoming community events could be discussed
and future get-togethers could be planned all thanks to the installation of this playground in such an ideal
location.
A few patrons have reminded supporters of this project of the wonderful natural playground that exists for our
children in our very own Rocky Mountain National Park. This is true and we are so grateful to live in this place
of beauty! Our children love a short hike every now and then. For example, when we ask our children if they
want to go to "the park" and then begin to drive into the RMNP, we are greeted with disappointed groans as
they begin to realize this is not the park they were envisioning. We love to take advantage of letting our
children explore the incredible offerings of RMNP when time allows. However, trips to the RMNP usually
require 1-2 hours minimum from the day if not an entire morning or afternoon. During the week, we often only
have small periods of time to provide our children with these play opportunities. As we all know, children like to
climb, jump, run and explore their world and these opportunities can be provided not only more often but more
easily with a playground in our town, in our very own neighborhood.
Finally, please consider those families who have eager, curious children in need of a safe, play environment
but have parents and/or grandparents who have physical limitations and mobility issues restricting their ability
to give their children an outlet for their energy all while accommodating their own physical needs. A
neighborhood park, such as the Carriage Hills Playground Project, allows for a safe area for both children, who
have a heart for the outdoors, and their caretakers, who may have limitations such as these.
Thank you for your kind consideration in making a decision to invest in our community's children and their
families and allowing the Carriage Hills Playground Project to become a reality for our town.
Sincerely,
Kristen Rorabaugh
1005 Rambling Drive
Estes Park
From: Erin Ax <erinax@hotmail.com>
Date: Friday, September 5, 2014
Subject: Carriage Hills Playground
I am writing you in support of the playground to be put in at the bottom of Carriage Hills. I am a resident of
Carriage Hills and think this will be a great addition to our neighborhood and town. I am also a teacher and see
that the children in our community need access to outdoor playtime and space which this neighborhood park
would help with. Thank you!
Memo
Community Services
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Bo Winslow, Community Services Director
Date: September 9, 2014
RE: Surprise Sidewalk Sale Resolution
Objective:
Approve Resolution in order to conduct Sidewalk Sale
Proposal:
The Surprise Sidewalk Sale has become a much-anticipated shoulder season event in
Estes Park. The Fall Surprise Sidewalk Sale is October 11-12, 2014. The sale is open to
all Estes Park businesses. Businesses that are located out of the downtown area may
reserve a space Bond Park.
Due to Ordinance 15-91 pertaining to “containment” within the CD District, and
subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts,
Section 4, specifically Paragraph D.1.a. Outdoor Sales, Use, Storage and Activity in the
CD Zoning District, Number (3) Exceptions), it is necessary for the Town Board to approve
a variance to allow this sale to occur. (Please see attached Estes Valley Development
Code citation - Attachment A.) The proposed resolution is attached. Also attached is the
Estes Valley Development Code Zoning District Citation referred to as Attachment (A).
Staff will insure that business owners are educated on the regulations.
Sandwich boards are prohibited in the Estes Park Municipal Code (17.66.170 Community
special events signs and Stanley Park special events signs). Staff recommends allowing
these signs as long as they don’t encroach in the required four-foot clearance.
Advantages:
Allows merchants to sell goods on sidewalk.
Disadvantages:
Unknown
Action Recommended:
Approve Resolution
Budget:
It is expected to cost approximately $100 in staff time and printing fees for posters. This
is a budgeted expense for the Events Division in account 222-5500-455.26-03.
Level of Public Interest:
Staff feels this is a popular event and there is a positive impact on the community.
Sample Motion:
I move for the approval/denial of the Surprise Sidewalk Sale Resolution.
RESOLUTION NO. 19 -14
WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91
pertaining to “containment” within the C-D District, and subsequent adoption of the Estes
Valley Development Code (Chapter 4, Zoning Districts, Section 4.4, specifically
Paragraph D.1.a.:Outdoor Sales, Use, Storage and Activity in the C-D Zoning District,
Number (3) Exceptions)
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the following guidelines shall be adopted for the “Surprise Sidewalk Sale
Days” being sponsored by the Events Department that is scheduled October 11-12, 2014:
1. Hours of operation shall be from 9 a.m. – 5:30 p.m.
2. The Sale Weekend is available to all EstesPark businesses.
3. The Sale Weekend will be held rain or shine.
4. Businesses will be allowed to sell merchandise in front of their stores only
during the hours specified above.
5. Sidewalk displays, including signage, shall provide a minimum clearance of
four feet for pedestrian ways and handicapped accessibility. Displays
and/or merchandise will not be allowed in any street.
6. Those merchants without sidewalk frontage may contact the Events
Division at 586-6104 to reserve a space in Bond Park (10x10 spaces only).
7. Advertising posters will be provided.
8. All participating businesses must possess a current Town Business
License.
BE IT FURTHER RESOLVED, that every business is urged to participate in this
Surprise Sidewalk Sale Days annual event.
DATED this day of , 2014.
TOWN OF ESTESPARK
Mayor
ATTEST:
Town Clerk
Memo
Community Services
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Bo Winslow, Community Services Director
Date: September 9, 2014
RE: Events Coordinator I Position
Objective:
Approve the new Events Coordinator I Position
Proposal:
Staff is requesting a new position be approved for the Events Department. This is an
Events Coordinator I position that will focus on new events and existing events. Staff is
maxed out with what they currently are doing. In order to handle the increased need and
desire for new events and to also enhance existing events, a new position is necessary.
Bringing events to the community is the job of our Sales and Marketing Manager.
Conducting events, developing events and assisting with events is the job of an Event
Coordinator. This position will allow staff to maximize venue use as well as conduct
events the community is looking for during the winter months.
Advantages:
This position would allow staff to work with new event planners to bring events to the
community, help existing events grow and see new visions, as well as support current
local and existing events.
Disadvantages:
Unknown
Action Recommended:
Approve new position
Budget:
The midpoint salary range for this position is $39,651. Staff identified several positions
necessary for the new Events Complex. While this position was not specifically
identified, there is money that was budgeted for staffing in the 2014 “construction”
budget that is available.
Level of Public Interest:
Staff feels the public would be in favor of this position as it will support the entire Town
with events as well as the Event Center.
Sample Motion:
I move for the approval/denial of the new Events Coordinator I position.
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE Special Projects Manager
Date: Sept 9, 2014
RE: Event Center & Pavilion Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC and Pavilion project
at the Stanley Fairgrounds.
Present Situation:
The MPEC main floor area is substantially completed. This area of the building is being
utilized under temporary occupancy; however the main Lobby areas, ticket areas and
conference rooms are still not occupiable for use.
Currently the front areas of the MPEC are receiving final finishes such as flooring and
final trim elements. The second floor of the silo has been installed and this week the
metal roof materials will begin to be installed now that the concrete floor is complete. As
soon as the Silo roof is completed the rough – in mechanical, electrical, and subsequent
insulation of the silo can begin.
Also this week final electrical items feeding major mechanical systems for the main
event arena and the emergency generator are wrapping up. Soon full mechanical and
electrical systems will be complete.
This week the west and north decorative truss elements over the overhead doors will
also begin.
On the exterior final stucco has been installed and decorative stone elements are
wrapping up. Final exterior railings will also be installed within the next few weeks.
Budget:
Community Reinvestment Fund - $5,682,050. The project remains within budget.
Level of Public Interest
This project has a very high level of public interest.
1
TOWN OF ESTES PARK
EXECUTIVE SESSION PROCEDURE
September 9, 2014
Executive Sessions may only occur during a regular or special meeting of the Town
Board.
Limited Purposes.
Adoption of any proposed policy, position, resolution, or formal action shall not occur at
any executive session.
Procedure.
Prior to the time the Board convenes in executive session, the Mayor shall announce
the topic of discussion in the executive session and identify the particular matter to be
discussed in as much detail as possible without compromising the purpose for which the
executive session is authorized, including the specific statutory citation as enumerated
below. Prior to entering into an executive session, the Mayor shall state whether or not
any formal action and/or discussion shall be taken by the Town Board following the
executive session.
1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal,
or other property interest - Section 24-6-402(4}(a}, C.RS.
2. For a conference with an attorney for the Board for the purposes of receiving
legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS.
3. For discussion of a matter required to be kept confidential by federal or state
law, rule, or regulation - Section 24-6-402(4}(c}, C.RS.
4. For discussion of specialized details of security arrangements or investigations
Section 24-6-402(4}(d}, C.RS.
5. For the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or instructing
negotiators - Section 24-6-402(4}(e}, C.RS.
6. For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board; the appointment of any person
to fill an office of the Town Board; or personnel policies that do not require
discussion of matters personal to particular employees.
7. For consideration of any documents protected by the mandatory non-
disclosure provision of the Colorado Open Records Act - Section 24-6-402(4}(g},
C.RS.
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Electronic Recording.
A record of the actual contents of the discussion during an executive session shall be
made by electronic recording. If electronic recording equipment is not available or
malfunctions, written minutes of the executive session shall be taken and kept by the
Town Clerk, if present, or if not present, by the Mayor.
The electronic recording or minutes, if any, of the executive session must state the
specific statutory provision authorizing the executive session. The electronic recording
or minutes, if any, of the executive session shall be kept by the Town Clerk unless the
Town Clerk was the subject of the executive session or did not participate in the
executive session, in which event, the record of the executive session shall be
maintained by the Mayor. If written minutes of the executive session are kept, the
Mayor shall attest in writing that the written minutes substantially reflect the substance
of the discussion during the executive session and such minutes shall be approved by
the Board at a subsequent executive session.
If, in the opinion of the attorney who is representing the Board, and who is
present at the executive session, "all or a portion" of the discussion constitutes
attorney-client privileged communications:
1. No record shall be kept of this part of the discussion.
2. If written minutes are taken, the minutes shall contain a signed statement from
the attorney attesting that the unrecorded portion of the executive session
constituted, in the attorney's opinion, privileged attorney-client communications.
The minutes must also include a signed statement from the Mayor attesting that
the discussion in the unrecorded portion of the session was confined to the topic
or topics for which the executive session is authorized pursuant to the Open
Meetings Law.
Executive Session Motion Format.
Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of
the statutory provision authorizing the executive session.
THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION:
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.RS. Section 24-6-402(4)(b) –
Litigation.
For the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators under C.RS. Section 24-6-402(4)(e) - Cornerstone Engineering.
3
To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or
other property interest under C.RS. Section 24-6-402(4)(a).
For discussion of a personnel matter - Section 24-6-402(4)(f), C.RS. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board (or body); the appointment of
any person to fill an office of the Town Board (or body); or personnel policies
that do not require discussion of matters personal to particular employees.
For discussion of a matter required to be kept confidential by the following
federal or state law, rule or regulation: under C.RS. Section 246-402(4)(c).
X For discussion of specialized details of security arrangements or investigations
under C.RS. Section 24-6-402(4)(d).
For consideration of documents protected by the mandatory nondisclosure
provisions of the Open Records Act under C.RS. Section 24-6-402(4)(g).
AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR
IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the
details): .
The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum
present.
Retention of Electronic Recording or Minutes.
Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.RS., the Town Clerk shall retain the
electronic recording or minutes for ninety (90) days. Following the ninety (90) day
period, the recording or the minutes shall be destroyed unless during the ninety (90) day
period a request for inspection of the record has been made pursuant to Section 24-
72204(5.5) C.RS.
If written minutes are taken for an executive session, the minutes shall be approved
and/or amended at the next executive session of the Town Board. In the event that the
next executive session occurs more than ninety (90) days after the executive session,
the minutes shall be maintained until they are approved and/or amended at the next
executive session and then immediately destroyed.
4
ANNOUNCEMENT
ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE
EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED
ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO
ADVISED BY THE TOWN ATTORNEY.
It is Tuesday, September 9, 2014 , and the time is (state the time) p.m.
For the Record, I am Bill Pinkham , the Mayor (or Mayor ProTern) of the
Board of Trustees. As required by the Open Meetings Law, this executive
session is being electronically recorded.
Also present at this executive session are the following person(s): Mayor Pro Tern
Koenig. Trustees Ward Nelson. John Ericson, Bob Holcomb. Ron Norris. and John
Phipps; and Town Administrator Lancaster, Town Attorney White, Town Clerk Williamson,
Sergeant Life.
This is an executive session for the following purpose of:
For discussion of specialized details of security arrangements under C.RS. Section
24-6-402(4)(d).
I caution each participant to confine all discussion to the stated purpose of the executive
session, and that no formal action may occur in the executive session.
If at any point in the executive session any participant believes that the discussion is
outside of the proper scope of the executive session, please interrupt the discussion
and make an objection.
The close of the executive session is in the Mayor's discretion and does not require a
motion for adjournment of the executive session.
The Mayor shall close the executive session by stating the time and return to the open
meeting.
After the return to the open session, the Mayor shall state that the Town Board is in
open session and whether or not any formal action and/or discussion shall be taken by
the Town Board.