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HomeMy WebLinkAboutPACKET Town Board 2013-02-12The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 12, 2013 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). RECOGNITION OF WWII VETERANS. Mayor Pinkham. PROCLAMATION. Mal Walker Day. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated January 22, 2013, Town Board Minutes dated January 22, 2013. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services, January 24, 2013. 2. REPORTS AND DISCUSSION ITEMS: 1. STATE OF THE TOWN. Mayor Pinkham. 3. ACTION ITEMS: 1. GOVERNING POLICIES – GOVERNANCE PROCESS. Administrator Lancaster. • Section I – Governance Process. • Policy 100 – Town Committees. • Policy 101 – Board of Trustees Division of Responsibilities. Prepared 01/11/13 *Revised: NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. ORDINANCE #03-13 TEMPORARY MORATORIUM ON MARIJUANA ESTABLISHMENTS PURSUANT TO AMENDMENT 64. Attorney White. 3. RESOLUTION #02- 13 RE-APPROPRIATION OF 2012 ENCUMBERED FUNDS TO 2013 BUDGET. Finance Officer McFarland. 4. ADJOURN. Town of Estes Park, Larimer County, Colorado, January 22, 2013 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 22nd day of January, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Town Attorney White, Dir. Zurn, Coordinator Winslow, and Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. STALL BARN / MULTI-PURPOSE EVENT CENTER (MPEC) BIDS. Town Administrator Lancaster provided the Board with financial background as it relates to funding for capital projects. He stated that based on the 2013 adopted budget, $2,311,736 in unencumbered funds is available for capital projects; and noted that anything over that amount would require reducing fund balance, selling assets, or borrowing money. Dir. Zurn reported that a bid opening for the 100-stall barn and the MPEC was held on January 15, 2013. The bid results are as follows: Bidder Schedule A MPEC Schedule B Stall Barn Schedule C Schedule A & B including Alternates Dohn Construction, Inc. $3,629,000 $1,464,000 $5,171,500 Heath Construction $3,870,000 $1,517,000 $5,481,000 Taylor Kohrs LLC $3,955,513 $1,634,205 $5,714,518 Krische Construction, Inc. $4,071,000 $1,598,000 $5,741,000 Sampson Construction Co., Inc. $4,187,000 $1,715,000 $5,988,400 McCauley Constructors, Inc. $4,239,600 $1,622,500 $5,797,400 Buildings by Design LLC $4,982,985 $1,840,224 $6,823,289 Growling Bear Co., Inc. $5,300,000 $2,136,000 $7,621,700 Due to a competitive private sector market, favorable bids for the stall barn (including alternates) and the MPEC were received with Dohn Construction, Inc., being the apparent low bidder on the structures, both individually as well as in combination. The bids do not include site work which is estimated at $67,000 for the stall barn and $140,000 for the MPEC. Construction of the MPEC will require the addition of off-site turn lanes at an estimated cost of $250,000, bringing the total for both buildings, including site work and 10% contingency, to $6,187,550. This total does not include landscaping or furniture, fixtures, and equipment (FF&E) for the buildings. Dir. Zurn stated construction of the stall barn would take eight to nine months, and the MPEC from ten to 12 months to complete. Dir. Zurn also noted that the design of the MPEC is grandfathered under the 2003 codes until March 2013. If the project is not awarded by that date, the project will have to be redesigned to the 2009 codes and potentially re- bid. Discussion is summarized: alternates could be removed from the stall barn plan and Town Board Study Session – January 22, 2013 – Page 2 reduce the cost of construction; restrooms at the stall barn and the MPEC are designed to be accessible 24/7, or controlled access; using the MPEC to house horses may result in odor problems; the MPEC was originally designed to accommodate 140 horse stalls during the summer as a temporary solution while additional stalls were being built; need the stall barn and the multi-use building; changing uses in the building would be labor intensive, but possible; and a multi-use building will increase the ability of Stanley Park Fairgrounds to increase revenues. Coordinator Winslow said that the ventilation system is designed to handle odors and dust associated with agricultural uses, and said mats would be used to cover the stall floors in both the barn and the MPEC, with the mats being removed for cleaning on an annual basis. He stated that staff’s preference is for a non-sloped, smooth floor in the MPEC facility to provide a firm, flat surface for vendors and participants. Trustees Elrod and Norris said that staff at The Ranch advised against building an equestrian/multi-purpose event center indicating that the two uses are not compatible. Trustee Norris requested additional conversations with representatives of The Ranch to continue to discuss the topic of compatibility. Mayor Pro Tem Blackhurst said that having received favorable bids for the stall barn and the MPEC, a review of the MPEC pro forma and financing options to build both buildings is a next step. He noted construction would overlap budget years possibly making some 2014 funds available for the project as well. He said he understands there are some concerns but with the guidance of professionals the compromise to build a multi-use facility can work. MULTI-PURPOSE EVENT CENTER (MPEC) PRO FORMA. Johnson Consulting was retained to conduct an economic and feasibility study for the development of a multi-purpose event center. A draft pro forma report was provided to the Board. Assistant Town Administrator Richardson called the report comprehensive and noted that it identifies operating costs, revenues, and economic benefits to the community. Assistant Town Administrator Richardson compared the model to the business model used prior to the construction of the Conference Center and said that the report indicates that the facility would most likely operate at a negative balance for the first ten years, and possibly longer, however, the economic impact to the community in new business would cover the net operating losses. The estimated taxable spending generated by the MPEC could result in collected sales tax for the Town of approximately $750,000, and $45,000 for the Local Marketing District. He added that the expenses calculated into the pro forma did not include debt service. The Trustees were asked for comments and/or concerns that would require follow-up by the consultant prior to finalizing the pro forma report for formal presentation at a regular Town Board meeting. Trustee Koenig said the report speaks to revenue from business sent to Estes Park from the facilities at The Ranch and noted that no contract exists to provide for that collaboration. Mayor Pinkham stated that even now some cooperation exists between The Ranch and the Fairgrounds. Discussion included: how solid are the marketing numbers?; marketing the facility would be essential, as well as coordination with VisitEstesPark; and a business operating plan would need to be created. The Trustees also voiced concern about achieving the projected level of events by 2015, and asked for specifics related to “state of the art communication technology.” Trustee Norris said he is satisfied that the size of the MPEC facility is correct, but questioned the qualifiers related to marketing the facility included in the report, and the level of support the community will give the project. He noted that the 2011 citizen survey showed a higher level of community support for stall barns, open space, and street improvements. Mayor Pro Tem Blackhurst said it is time to get the project in front of the community at a Town Board meeting, as well as look at available financing options. Town Board Study Session – January 22, 2013 – Page 3 Finance Officer McFarland said the prevailing interest rate for a ten-year certificate of participation (COP) is 2.25% and 3.5% for a 20-year certificate of participation. He said interest paid on a $5 million ten-year COP would equate to approximately $600,000; and approximately $2.5 million for a 20-year COP. Finance Officer McFarland will prepare financial scenarios for the Board to consider. The Board requested scheduling representatives from The Ranch and Johnson Consulting for the next meeting to continue discussion. TRANSPORTATION GRANTS. Current transportation funding legislation, Moving Ahead for Progress in the 21st Century (MAP-21), through the Federal Lands Access Program under the Office of Federal Lands Highway has provided the Town with a grant opportunity for funding to address transportation needs between the Town and Rocky Mountain National Park. The program goal is to improve state and local transportation facilities that are within, adjacent to, or that provide access to, federal land. As requested at the December 11, 2012, Town Board Study Session, staff is bringing forward additional information regarding this opportunity based on research of three possible projects that fit within the grant criteria. The projects are: 1. A one-way couplet utilizing the existing state highway through downtown and an additional one-way alignment in the Riverside Drive area. 2. A two-way state highway redirected to the Riverside Drive area and eliminating the state highway designation downtown. 3. A multi-use trail from the downtown area along the Big Thompson River to the entrance of Rocky Mountain National Park (RMNP). Representatives of Felsburg, Holt & Ullevig stated that the elements of analyses for the projects included refining alignments, evaluating impacts related to property acquisition, economics, and the environment; and estimating costs of construction, rights-of-way, and easements. Option #1 – One-way Couplet: westbound traffic would remain on Elkhorn Avenue and Moraine Avenue. A new roadway would begin at the intersection of Moraine Avenue and Crags Drive and proceed east bound to Ivy Street to East Riverside and intersect with Elkhorn Avenue. This option has the potential to displace one to three businesses, one residence, and cost an estimated $11,750,000 to $13,100,000. Option #2 – Two-way Roadway: realigns state highway away from Elkhorn Avenue eliminating the state highway designation downtown. • Option #2a –Two-way traffic travels on new alignment beginning at Moraine Avenue and Crags Drive and at Elkhorn Avenue and East Riverside Drive with the roadway cantilevered over the river. This option has the potential to displace five plus businesses, one residence, and cost an estimated $26,300,000. • Option #2b – Two-way traffic travels on new alignment beginning at Moraine Avenue and Crags Drive and at Elkhorn Avenue and East Riverside Drive with no cantilever. This option has the potential to displace 5 plus businesses, 17 residences, and cost an estimated $19,500,000. • Option #2c – Two-way roadway with split alignment with two lanes traveling both westbound and eastbound. This option has the potential to displace three to five businesses, one residence, and cost an estimated $15,300,000 to $16,700,000. Option #3 – Multi-Use Trail – Estes Park to Beaver Meadows: A trail could be constructed from downtown to Marys Lake Road, however, the Park Service will not be ready to construct the remainder of the trail, which will be located on federal land, until approximately 2020. Depending upon the route chosen for the trail, the number of easements necessary and the properties impacted varies. The cost is estimated at Town Board Study Session – January 22, 2013 – Page 4 $7,400,000. Roadway realignment has the potential to ease congestion and stimulate economic development along corridors created by new traffic patterns, as well as allow for the closure of Elkhorn Avenue for local events. Dir. Zurn stated that the realignment options could remove between 1.8 and 2.2 lane miles from the state’s highway system which could spark interest within CDOT to help offset the matching funds for the grant. Dir. Zurn said at this point the grant is described as annual, however, this is subject to change. He and Town Administrator Lancaster concurred that few grant opportunities exist for roadway projects, whereas, the trail project would qualify for open lands and/or GoCo funds. Mayor Pro Tem Blackhurst said that the Town recently invested money in the transit hub to help with downtown congestion. He stated the roadway projects would have significant community impact including property acquisition and business relocation, and voiced concerns about development along Moraine Avenue stating guests like to stay in the downtown core. He said additional discussion about the human impact of these projects, as well as funding, is necessary. Discussion will continue at an upcoming Town Board Study Session. FUTURE AGENDA ITEMS. Item not discussed due to a shortage of time. There being no further business, Mayor Pinkham adjourned the meeting at 6:50 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, January 22, 2013 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 22nd day of January, 2013. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Lowell Richardson, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PRESENTATION. Larimer County Commissioner Johnson and Larimer County Manager Hoffman presented the Town Board with medallions and a certificate of appreciation for the Town’s efforts during the 2012 fire season, most specifically the recovery effort for the High Park fire. PUBLIC COMMENTS. David Habecker/Town citizen stated the community and the Town need to be committed to economic development in order to expand the season. He emphasized the need for projects such as the propose performing arts theater and The Multi-Purpose Event Center to enhance the Town’s premier mountain resort status. Johanna Darden/Town citizen questioned the reported repairs the Town would make to the Park Theater. Elizabeth Fogarty/Winter Fest coordinator reported on the previous weekend event, stating over 9,000 attended. The festival grew in 2013 with the addition of Monday events for the family at this year’s ice rink. She thanked the Town, sponsors and all the volunteers that make the event a success. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson stated the study session prior to the meeting focused on buildings at the fairgrounds including a new stall barn and a Multi-Purpose Event Center. Trustee Phipps informed the public the Larimer County Open Lands Advisory Board would be making a final decision on the acceptance of a donated 16,000 acre ranch north of Fort Collins. Trustee Blackhurst reiterated the success of the Winter Fest and thanked all involved in event. He thanked Larimer County for their involvement during the recent fire in the National Park this winter. Board of Trustees – January 22, 2013 – Page 2 Trustee Norris stated Partners Mentoring Youth is in need of volunteers. The Economic Development Task Force continues to hold community presentations with high interest from attendees and good dialogue. The Development Colorado Inc., would be providing an economic audit in February. The Bear Education Task Force continues to define educational material and would work with Nick Molle to develop an educational video. Visit Estes Park Board met to elect officers with Kathy Palmeri re-elected Chair, Bill Almond Vice Chair, and Scott Webermeier Treasurer. The Board would hold a retreat in March to review their Strategic Plan. TOWN ADMINISTRATOR REPORT. Trustees Elrod and Ericson would sit on the steering committee/oversight committee for the Senior/Museum Mater Plan review committee. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated January 9, 2013, Town Board Minutes dated January 8, 2013. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, January 10, 2013. 1. Estes Valley Victim Advocate 2013 Contract. 4. Estes Valley Planning Commission Minutes dated December 18, 2012 (acknowledgement only). 5. Stanley Historic District Technical Review Minutes dated December 12, 2012 (acknowledgement only). 6. Tree Board Minutes dated November 16, 2012 and December 14, 2012. (acknowledgement). It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. REPORT ITEMS: 1. VISITOR CENTER 2012 VIDEO SALES. Manager Salerno reported with the approval of a new retail policy at the Visitor Center at the end of June 2012, the Center has sold 124 videos in approximately 5 months. Video sales equate to approximately 10.75% of overall sales at the Center. Staff has not received any complaints from the local retail businesses in town regarding the sale of the videos at the Center. 2. CROSSROADS UPDATE. Virgil Good/Executive Director and Michael Haughey/Resident Director provided an update on serving the valley residents in need over the past 30 years, including short-term assistance to low income clients, providing ongoing services for clients on low fixed incomes, encourage clients to become self sufficient through educational opportunities, partner with other agencies to maximize benefits to clients, treat equally all persons regardless of age, race, religious belief, country of origin, disability or sexual preference. Services include a food pantry with 65% of the food supplied by the local community including the local grocery store and 35% from Larimer County food bank; emergency voucher services for housing assistance, utility assistance, medical costs, transportation assistance, laundry, showers, clothing and housing goods; case management services; self sufficiency through education, money management classes, energy efficiency classes and financial coaching; and referrals to public community services and private community services. The numbers of household, individuals and children served during the financial downturn from 2007 - 2012 increased with 456 household, 1128 Board of Trustees – January 22, 2013 – Page 3 individuals, and 395 children in 2012. The number of individuals reaching levels of deep poverty served by Crossroads increased to 83%. Director Good stated 87% of the money provided to Crossroads through the Town’s Community Service grant program has been used to supply housing assistance, utilities, hygiene, and transportation. The grant funding continues to make it possible for many residents of Estes Park to live better lives. 3. COURTYARD SHOPS (165 – 225 VIRGINIA) CODE COMPLIANCE REPORT. Director Chilcott stated staff has been working cooperatively with the Courtyard Shops property owner, First State Bank, to resolve code violations/life safety concerns on the property including the approximately dozen unpermitted residential units. Hazards have been reduced with the installation of smoke/CO detectors in all residential units, rooftop restaurant closed, and seasonal residential tenants removed to reduce residential occupancy. After full code analysis by the property owner/buyer’s architect on January 11th and a change of use application on January 15th, it was determined an NFPA 13 sprinkler system was required. A sprinkler permit would be required from the Fire District to install the sprinkler system. Staff would continue to work with the property owner to resolve code violations/life safety concerns to legally permit the residential units. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. AMENDED PLAT, Lots 1A and 1C of the Replat of a Portion of Lot 4 and All of Lot 1, Stanley Meadows Addition, Estes Park Sanitation/ Applicant. B. FEE WAIVER REQUEST - ESTES PARK SANITATION DISTRICT AMENDED PLAT APPLICATION FEE. Senior Planner Shirk informed the Board the two Action Items are related and would be discussed together. The Amended Plat would combine two lots in anticipation of future Estes Park Sanitation District sewage treatment plant improvements. The plat formalizes rights-of- access between the Town Park shop lot and the EPSD lot. The Amended Plat was approved unanimously by the Estes Valley Planning Commission. The Estes Park Sanitation District has requested a fee waiver of $3,080 in development application fees for the amended plat and Special Review/Location and Extent Review. The Community Development/Community Services Committee recommended approval of the fee waiver. It was moved and seconded (Blackhurst/Ericson) to approve the Amended Plat of Lots 1A and 1C of the Replat of a Portion of Lot 4 and All of Lot 1, Stanley Meadows Addition subject to the findings and conditions recommended by the Planning Commission; and approval of the access easement across Lot 1B to proposed Lot 1, and it passed unanimously. Trustee Elrod stated staff and the Town Attorney have spent a number of hours on the amended plat; and therefore, the fees associated with the amended plat should not be waived. Mayor Pro Tem Blackhurst stated the Town has worked cooperatively with other local governmental districts including the Sanitation District and would support the fee waiver. Trustee Elrod agreed, however the extent of the staff time utilized on the one item was extensive. Board of Trustees – January 22, 2013 – Page 4 Tony Paglia/Town citizen would encourage intergovernmental cooperation and would support the fee waivers. It was moved and seconded (Blackhurst/Ericson) to approve the fee waiver request by the Estes Park Sanitation District for the development plan fees associated with the Amended Plat and a Special Review/Location and Extent Review, and it passed with Trustee Elrod voting “No”. 4. ACTION ITEMS: 1. TRANSPORTATION ADVISORY COMMITTEE MISSION STATEMENT. In April of 2012, the Town Board appointed Transportation Visioning Committee (TVC) provided a final report outlining their recommendations on transportation. One recommendation was to form a Citizen’s Transportation Advisory Committee (TAC) to work with Town staff to review transportation initiatives. In an effort to provide potential applicants a clearer vision of the committee a draft mission statement has been draft: The mission of the Town of Estes Park Transportation Advisory Committee is to: support comprehensive transportation planning that enhances the quality of life for the citizens, business, and visitors to the Town of Estes Park; support the continued safety and maintenance of the Town of Este Park Transportation System and the review and recommend transportation related capital projects to implement the Board of Trustees’ transportation goals. The Committee will act as a sounding board to the Board of Trustees and the Town department of Public Works on transportation planning, construction and maintenance issues including: roads, transit, trails, pedestrian access, parking and air quality. The Committee will support the Town Board and staff in local and regional transportation planning and promote cooperative efforts to resolve transportation issues in the Estes Valley. Trustee Elrod questioned if the Shuttle Committee would be combined with the TAC or remain a separate Advisory Committee. Assistant Town Administrator Richardson stated the Shuttle Committee would continue to meet once or twice a year. The Board discussed the need for a Shuttle Committee with the following comments: could the TAC have a sub-committee to address shuttle issues; the shuttles should move back toward staff and Administration addressing issues and away from a citizen group; and Shuttle Committee members interested in working on shuttle related issues could continue on a sub-committee. Mayor Pro Tem Blackhurst stated the proposed mission statement requires professional staff to review the issues, is too broad, and encompasses budget issues beyond the expertise of a citizen committee. Administrator Lancaster commented a citizen committee bridges the gap between staff and the community to provide the citizens with an understanding of transportation issues and be an advocate for proposed projects. Johanna Darden/Town citizen stated a mission statement should be developed by the Committee. The TAC should also review all grant applications being considered by the Town. Charley Dickey/Town citizen supports the proposed mission statement which provides a purpose for the Committee and provides a mechanism for hearing the voice of the community. It was moved and seconded (Ericson/Norris) to approve the mission statement as presented for the Transportation Advisory Committee, and the motion passed with Mayor Pro Tem Blackhurst voting “No”. Assistant Town Administrator Richardson stated the Shuttle Committee would met the first Board of Trustees – January 22, 2013 – Page 5 week in February to discuss the trolley for 2013 and a Transportation Coordinator would be on staff within the next couple of weeks. 2. ORDINANCE #01-13 NATURAL GAS FRANCHISE AGREEMENT WITH PUBLIC SERVICE COMPANY OF COLORADO (XCEL ENERGY). Attorney White reviewed the ordinance stating the current franchise agreement with Public Service (Xcel Energy) was approved 20 years ago. Public Service filed a Notice of Application with the Town for a new franchise and published the Notice for the public hearing on December 11, 2012. Per state statute the ordinance was presented and read during the December 11th meeting and the hearing was continued to this meeting. Attorney White reviewed the provisions of the agreement including: non-exclusive right to Town streets, public utility easements and other Town property; 3% franchise fee of the gross revenues; 20 year term; provision to work in a high quality manner, timely, and in a manner that minimizes inconvenience to the public, is cost effective, and in accordance with the applicable laws; restoration of areas affected by installation and operation of company facilities; cooperation with Town in advance planning to allow coordination of installation of company facilities within Town streets, time periods for relocation, and performance standards for project installation by the Company; and indemnify the Town and hold harmless from all damages, claims, and liabilities caused by the Company. Trustee Norris requested section 6.5.b. include a statement regarding safety and the utilization of best practices by the Company. Todd Anderson/Public Service representative agreed to the change. Attorney White read Ordinance #01-13. It was moved and seconded (Norris/Koenig) to approve Ordinance #01-13 for a 20 year natural gas franchise agreement with Public Service Company of Colorado (Xcel Energy), and it passed unanimously. Mayor called a 10 minute break at 8:42 p.m. and reconvened the meeting at 8:52 p.m. 3. ORDINANCE #02-13 OPTION FOR EPIC TO PURCHASE TOWN-OWNED REAL ESTATE FOR PERFORMING ARTS CENTER. Attorney White stated the item was continued from the December 11, 2012 meeting. The only issue for the Board to address at this time is the option to purchase a portion of the Riverside parking lot for the construction of a performing art center and not the project itself. The option would need to be executed prior to January 31, 2014, and if exercised, the Town and EPIC would execute the Real Estate Contract for a purchase price of $536,000. The purchase price shall be paid by Seller by delivering the following to the Town at Closing: an easement agreement and development agreement which includes purchaser’s obligation to construct and maintain the Riverwalk through the project with an estimated value of $500,000; and a pedestrian easement for an estimated value of $60,300. At closing, EPIC would deliver to the Town a public access easement across the Park Theater Mall property and construct and maintain the Riverwalk across the Park Theater Mall property. EPIC would also deliver a public access easement from the western side of the Park Theater Mall property to Moraine Avenue. The contract contains a number of contingencies including a reversion clause. He stated there are a number of issues including neighborhood impact and the impact to traffic and parking that would be addressed as the project moves through the development process, and would be difficult to determine at this time as a development plan as not been submitted. Town Administrator Lancaster informed the Board during staff discussions with EPIC it was made clear to staff that EPIC would fund either a 2 story parking structure over the existing parking lot or the easements and improvements to the Riverwalk. Board of Trustees – January 22, 2013 – Page 6 Stan Black/EPIC Board member stated without the approval the town will have missed the opportunity to build an exceptional theater and venue for the town. He stated there is ample parking within a 5 or 8 minute walk of 500 – 1300 spaces. The project is in line with the Comprehensive plan. The project is for the community and local groups, which would have first priority to use the theater as has been identified in the business plan. The total project is $20 million with $12 million for the theater and $8 million for the atrium and commercial portion of the building. It has been projected a 5 to 1 return in sales tax revenue for the town with the development of the property. Public Comment: Those speaking in favor of the option included Robert Berg/Glen Haven citizen, Lynette Lott/County citizen and accommodation owner, Steve Nickel/County citizen, Chris Wood/Town citizen and accommodation owner, Nick Molle/County citizen and local business owner, Julie Phares/Town citizen and Partners for Commerce President, Pat Newsom/Town citizen, Tom Dougherty/Town citizen, Charley Dickey/Town citizen and business owner, Teresa Marie Widawski/County citizen, and Greg Rosener/Town citizen. Business owners expressed a need to have additional attractions and events for guests in order to move the town forward as a year-around destination and to compete with the western slope communities. Parking is only an issue 90 to 120 days a year, therefore, paid parking could be implemented for prime spaces downtown. The project would enhance the town and the downtown corridor as well as grow the economic base. Partners for Commerce reviewed survey results in which their membership strongly supports the theater and the sale of a portion of the Riverside parking lot. Cultural arts and preforming arts plays a part in developing a bright and diverse environment for the community. The Denver performing art theater is in the heart of the downtown. The parking spaces are a tradeoff for the theater. Those speaking against the proposal included Trisha Kob/Fort Collins and Estes Park High School graduate, Scott Jandrain/Town citizen and downtown business owner, Heater Stone/Town citizen and downtown business owner, Ty Nagl/Town citizen and downtown business owner, and Johanna Darden/Town citizen. Business owners oppose the construction of a performing art theater along Elkhorn at the expense of valuable parking; the addition of new construction downtown continues to chip away at the number of parking spaces downtown; would request EPIC provide parking for the theater; requested the Town not give away additional parking spaces that affect businesses downtown; are against the excessive height of the building; and the theater should be scaled down to fit the location. It was moved and seconded (Norris/Koenig) to extend the meeting to 11:00 p.m. and move the final action item, Governance Policies to the February 12, 2013 Board meeting, and it passed unanimously. Trustee Norris questioned if EPIC would be open to the addition of the parking structure previously discussed in order to receive the option. He would support a theater built on the current footprint if parking is not addressed. Mr. Black stated EPIC has the funding to either build the riverwalk improvements or a parking structure. The proposed two story parking structure over the Riverside parking lot has been received negatively. EPIC would propose reviewing other options. Mayor Pro Tem Blackhurst stated a project of this size built outside the downtown core would require 240 parking spaces just for the theater. The exercising of the option would not be in the best interest of all the citizens of Estes Park and a balance should be met for all. He does not support the selling of a publicly owned asset to a non-profit entity because the preferred design does not take place within the confines of the property. Board of Trustees – January 22, 2013 – Page 7 Trustee Elrod stated a theater would have a positive impact to the community no matter where it is located. Previous pro forma has stated a theater would bring $2 million in revenue a year and over $100,000 in sales tax revenue, and as proposed would not require a subsidy by the Town. The exchange for the continuation of the Riverwalk through the property is of value to the business owners and the Town would have an easement to fully connect the Riverwalk. He stated the sale of the Town owned property would be in the best interest of the community. Trustee Ericson commented the recent citizen survey noted economic development was important to the citizens of Estes Park. He stated the Town has secured over $3.3 million in federal and state grants to address the parking issues downtown with a parking structure at the Visitor Center. Trustee Phipps agreed a theater would be beneficial to the Town; however, there are significant parking and traffic issues during the summer months downtown. He stated a transfer of Town property would set precedence for future development that may also want parking areas to complete their development. Trustee Koenig supports both the downtown business owners and the building of a performing art theater; however, stated concern with the reduction of revenues the affected downtown business owners may face with the loss of the parking spaces. She commented the theater should be built within the current property boundaries provided by the Seeley family as she is not convinced the community needs a 750 seat theater. Attorney White read Ordinance #02-13 in to the record. It was moved and seconded (Ericson/Elrod) to approve Ordinance #02-13, and it failed with Mayor Pro Tem Blackhurst and Trustees Koenig, Norris and Phipps voting “No”. 4. GOVERNING POLICIES – GOVERNANCE PROCESS. Item postponed to the February 9, 2013 Town Board meeting. Mayor Pinkham whereupon he adjourned the meeting at 10:20 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, January 24, 2013 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 24th day of January, 2013. Committee: Chair Ericson, Trustees Elrod and Norris Attending: Chair Ericson, Trustee Norris Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Director Chilcott, Coordinator Winslow, Director Fortini, Manager Salerno, and Deputy Town Clerk Deats Absent: Trustee Elrod Chair Ericson called the meeting to order at 8:20 a.m. PUBLIC COMMENT. None. COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Museum Quarterly Report – Dir. Fortini reported that the collections inventory is complete with approximately 11,000 objects counted and photographed in preparation to be uploaded into the Museum’s database. Interviews for the Curator of Collections position will be held next week with a projected start date of mid-February. The Museum attendance was at an all-time high in 2012. Renovations are underway in the permanent gallery and are expected to be completed by May 2013. The Museum/Senior Center Master Plan is ongoing with a public survey planned for the near future. • Visitor Services Quarterly Report – Manager Salerno reported that visitor numbers decreased during the 4th quarter of 2012 which mirrored the decrease in visitors to Rocky Mountain National Park. She noted that participation in the Ambassadors program is increasing with approximately 75 ambassadors expected to be trained for the 2013 season. A construction project to replace exterior columns is scheduled to begin in mid-February. • February Event Report – Coordinator Winslow reported that the calendar is filling up for the busy summer season. Staff is working on adding several new events to the calendar this year including a ½-marathon, chuck wagon cook-off, barrel racing, professional bike race, and several horse shows. Planning continues for the Pro Cycle Challenge which will have cyclists riding through Estes Park on Saturday, August 24, 2013. A successful Winter Fest was held on January 18- 20, 2013; and the Dog Weight Pull will be held February 16-17, 2013. Information was presented to the Town Board at a study session on January 22nd related to the proposed 100-stall horse barn and the Multi-purpose Event Center (MPEC), with the Board continuing to review and discuss the available options. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Community Development Annual Report – Dir. Chilcott highlighted departmental activities including: efforts to improve public outreach and communication; Community Development / Community Services – January 24, 2013 – Page 2 drafting of Code Compliance and Addressing procedure manuals; improved code compliance and case management; and reduction of filing backlogs in the building division. She stated that activity and permit numbers have increased, reaching 2007 levels; and added that although trending upward, valuations have not increased to levels seen in 2007. Modernization of the Comprehensive Plan will begin in 2013 with the removal of obsolete information and the addition of photographs and graphs. She added that, at this time, the number of expired building permits is less than 300 and noted that staff is preparing a mailing to notify property owners of the expired permits. • Verbal Updates – o The Courtyard – A change of use application was submitted on January 15, 2013, and communications with the Fire District have determined that a sprinkler system is required for the building. ADMINISTRATION. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Public Information Quarterly Report – PIO Rusch reported that 19 people have registered for the 2013 Citizens Information Academy (CIA) which will begin on February 6, 2013. The Bear Task Force continues to address needs of the community regarding education and responsible behaviors related to bears and wildlife in the community. The Town is providing leadership for the Task Force as well as contributing to the cost of printed materials; developing a webpage about wildlife issues, and implementing a recorded wildlife information line. Other projects include development of a social media policy, incident command training, publishing the Town Bugle and the Spotlight newsletters, and promoting features of the website including live streaming video of public meetings. • Year-End Status and Audit Review – Finance Officer McFarland reported that during the past few weeks, staff has been providing information to the auditors to explain the Town’s procedures and processes. The auditors will return the week of April 22-26, 2013, to complete the 2012 audit. He noted that the end-of-year processing was going well with rollover information scheduled to be presented at the February 12, 2013, Town Board meeting. • Policy Development Update – The leadership team is currently reviewing the employee manual which should be ready for a review by all employees by the end of February. • Economic Development Update – An Economic Community Assessment is planned for February 25, 2013, at the Rocky Mountain Park Inn with Downtown Colorado, Inc., conducting the sessions as an independent third party. Workshops and a general community session will be held to gather information to formulate recommendations on moving forward. In addition the Economic Development Task Force will meet with the Economic Development Commission of Lyons to share ideas and discuss the structure of their organization. There being no further business, Chair Ericson adjourned the meeting at 9:45 a.m. Cynthia Deats, Deputy Town Clerk A place you remember the rest of your life.A place you remember the rest of your life.ESTES PARK, COLORADOESTES PARK, COLORADOIs A SPECIAL PLACEIs A SPECIAL PLACEIs A SPECIAL PLACEIs A SPECIAL PLACE Ne faces in 2012Ne faces in 2012New faces in 2012New faces in 2012 NONNONPARTISAN GOVERNMENTPARTISAN GOVERNMENTNON NON PARTISAN GOVERNMENTPARTISAN GOVERNMENTCommitted to represent interests of all citizens Process ImprovementProcess ImprovementProcess ImprovementProcess Improvement„„Streamline Town ProcessesStreamline Town Processes„„Improve efficiencyImprove efficiency„„Improve efficiencyImprove efficiency„„Improve servicesImprove servicesAdd l f itAdd l f it„„Add value for communityAdd value for community„„Establish governing policies for Establish governing policies for more efficient and effective more efficient and effective leadership.leadership. FIREFIRE––June 23rdJune 23rdFIRE FIRE June 23rdJune 23rdWoodland Heights – 22 homes destroyed Fe n Lake Fi eFe n Lake Fi eFern Lake FireFern Lake FireDate started:October 9, 2012Location:Rocky Mountain National ParkSize: 3 498 acresSize: 3,498 acresPercent Contained:88Cause:believed to have been associated with an illegal campfire in lower Forest Canyon. The investigation remains open.Structures lost:1Structures lost:1Injuries to Date:NoneCost to Date:$6.5 millionNews Release Dec 14 2012News Release Dec 14 2012News Release Dec. 14, 2012News Release Dec. 14, 2012 RECOVERYRECOVERYRECOVERYRECOVERY COMMUNITY DEVELOPMENTCOMMUNITY DEVELOPMENTCOMMUNITY DEVELOPMENTCOMMUNITY DEVELOPMENT„In 2012 public input was requested to help refine processes and improve information ppflow. „2013focusisonstrengtheningpartnerships„2013 focus is on strengthening partnerships, modernizing the Comprehensive Plan, and improvingcodecomplianceoperationsimproving code compliance operations, mapping and document management services ECtidI tECtidI tEconomy Continued ImprovementEconomy Continued Improvement$7 423$7,889$7,800$8 000$9,000Sales Tax Revenue (000$) $7,234$7,184$6,853$7,007$7,423$,$6,000$7,000$8,000$3 000$4,000$5,000$1,000$2,000$3,000$02007200820092010201120122013 budget General General Fund Revenue = Fund Revenue = $$283283$$11,726,87311,726,873Property andLicenses andUtility FundProperty and Ownership Tax, $363Licenses and Fees, $1,165Shared Revenues, $521Utility Fund Transfers, $1,702$521Sales and Use Tax, $7,978,$, 2013 Expenditures = 2013 Expenditures = $13,078,564$13,078,564ppPublic Safety, $3 187Facilities & EngineeringParks, $1,022Streets, $1,180$3,187Engineering, $894General Governmental S t $3 562Community Devlopment, $889Government, $1,536Support, $3,562Community Service Grants, $808$ INFRASTRUCTURE MAINTENANCEINFRASTRUCTURE MAINTENANCEINFRASTRUCTURE MAINTENANCEINFRASTRUCTURE MAINTENANCE„„2012:2012:2012:2012:„„Virginia Drive and Park Virginia Drive and Park Lane water and street Lane water and street reconstructionreconstruction„„Lower MacGregor Ave. Lower MacGregor Ave. ggreconstructionreconstruction„„2013:2013:„„Big Horn Drive water Big Horn Drive water distribution system distribution system yyreplacementreplacement Black Can on C eek Bea tificationBlack Can on C eek Bea tificationBlack Canyon Creek BeautificationBlack Canyon Creek Beautification„„Major landscaping Major landscaping along Black Canyon along Black Canyon gygyCreek improved Creek improved beauty and safetybeauty and safetyyyyy Inf ast ct eInf ast ct eInfrastructureInfrastructure„„2012: Invested nearly $3 8 million through2012: Invested nearly $3 8 million through„„2012: Invested nearly $3.8 million through 2012: Invested nearly $3.8 million through capital improvementscapital improvements2013:2013:Improve and Maintain InfrastructureImprove and Maintain Infrastructure„„2013: 2013: Improve and Maintain InfrastructureImprove and Maintain Infrastructure„Implement street maintenance/improvement program„Explore external funding options for streetimprovement„Explore external funding options for street improvement„Present a plan to address groundwater issues with the closed landfill on Elm Road.„Address management of Town-owned buildings„Adopt a new 10-year plan for the water department di t dith l f t t d th f iliticoordinated with plans for streets and other facilities. Road Conditions O e ieRoad Conditions O e ieRoad Conditions OverviewRoad Conditions Overview INFRASTRUCTURE IMPROVEMENTINFRASTRUCTURE IMPROVEMENTINFRASTRUCTURE IMPROVEMENTINFRASTRUCTURE IMPROVEMENT„„Bond Park more userBond Park more user--friendlyfriendlyyy„„Elkhorn Streetscape and Elkhorn Streetscape and seating wallseating wall„„Southwest entry plazaSouthwest entry plaza„„Additional landscapingAdditional landscapingpgpg„„Final phase under reviewFinal phase under review„„Final phase under reviewFinal phase under review Light and PowerLight and PowerLight and PowerLight and Power„„20122012„„Completed distribution lines to Glen HavenCompleted distribution lines to Glen HavenCompleted distribution lines to Glen HavenCompleted distribution lines to Glen Haven„„20132013„„Upgrades to Lexington Lane Riverside DriveUpgrades to Lexington Lane Riverside Drive„„Upgrades to Lexington Lane, Riverside Drive Upgrades to Lexington Lane, Riverside Drive & Mary’s Lake Road& Mary’s Lake Road„„Upgrades to EPUpgrades to EPÆÆAllenspark damaged linesAllenspark damaged lines„„Upgrades to EP Upgrades to EP ÆÆAllenspark damaged linesAllenspark damaged lines„„Energy efficient LED streetlightsEnergy efficient LED streetlights Community ServicesCommunity Services= $$2,577,468 = $$2,577,468 yySenior CenterSenior Center, $281kTransportation, $344Special Events &Visitor ServicesEstes Park Museum, $321Special Events & Fairgrounds, $1,180Visitor Services, $452 2012 COMMUNITY SERVICES2012 COMMUNITY SERVICES2012 COMMUNITY SERVICES2012 COMMUNITY SERVICES„Visitor Services staff and volunteer Ambassadors helped 361,390 Visitor Center customers enjoy their visit; and assisted16 000 more by phoneassisted 16,000 more by phone.„The Senior Center staff and Estes Park Senior Citizens Center, Inc. enriched the lives of over 630 seniors and ,served 26,039 customers at the facility.„The Estes Park Museumhad 22,687 visitors and offered several new educational programs and toursTheseveral new educational programs and tours. The Museum receives great financial support from the Estes Park Museum Friends & Foundation Estes Park is Festivals and Fun Fai g o nds and E entsFai g o nds and E entsFairgrounds and EventsFairgrounds and Events„Over 150,000 people participated in Town sponsored events atthe Fairgrounds at Stanley Park, Performance Park, Bond Park, Riverside Park and Tregent ParkThBdiifdiil„The Board is pursuing funding options to replace the aged stall barns with a new stall barn, and also construct a MultiPurpose Event Center foralso construct a Multi-Purpose Event Center for community events, conferences, equestrian use other functions.other functions. Ne EVENTSNe EVENTSNew EVENTSNew EVENTS„„Skating RinkSkating Rink„„Pro Cycling ChallengePro Cycling Challenge PUBLIC SAFETY is TOP PRIORITYPUBLIC SAFETY is TOP PRIORITYPUBLIC SAFETY is TOP PRIORITYPUBLIC SAFETY is TOP PRIORITY„Estes Park Police Department „received accreditation from the Colorado Association ofChiefsAssociation of Chiefs of Police„joined an elite group of just 15 percent of Colorado agencies. RESTORATIVE JUSTICERESTORATIVE JUSTICERESTORATIVE JUSTICERESTORATIVE JUSTICE„„1010ththanniversary of anniversary of Restorative Justice Restorative Justice PartnershipPartnership„„presented with presented with a a ““Community ServiceCommunity ServiceCommunity Service Community Service Award” Award” by Group by Group Publishing for Publishing for community recommunity re--entry entry programprogram Emergency Emergency preparednesspreparednessa a prioritypriority„„9 Officers and Dispatchers recognized for 9 Officers and Dispatchers recognized for heroic efforts during fires and emergenciesheroic efforts during fires and emergenciesgggg““Command and General Staff Functions forCommand and General Staff Functions for„„Command and General Staff Functions for Command and General Staff Functions for Local Incident Management Teams”Local Incident Management Teams”training completed by 5 personneltraining completed by 5 personneltraining completed by 5 personneltraining completed by 5 personnel Comm nicationsComm nicationsCommunicationsCommunications„„Dispatch Dispatch communications communications „„Town Town Website Website improvementimprovementupgradeupgrade Vol ntee sVol ntee sVolunteersVolunteers„More than 500 individuals collectively give tens of thousands of hours of service each year to our ycommunity. Managing Our Future Estes Park’s seasonality: opposite ski townsEstes Park s seasonality: opposite ski towns85% of business concentrated in 6 monthsTaxable SalesTaxable Sales 1960-20401960 2040Estes ParkSource: Dr. David Theobald, CSU Ft eConcensFt eConcensFuture ConcernsFuture Concerns„„NationalNational, , state & state & county financial quagmire county financial quagmire „„Disposable IncomeDisposable Income--Tourism dependenceTourism dependence„„Disposable Income Disposable Income Tourism dependenceTourism dependence„„Cost of Living Cost of Living –– Workforce affordabilityWorkforce affordabilityMiGthhilP iDNAMiGthhilP iDNA„„Managing Growth while Preserving DNAManaging Growth while Preserving DNA„„Maintaining/Upgrading InfrastructureMaintaining/Upgrading Infrastructure„„Aging PopulationAging Population„„ManagingManagingOur DestinyOur Destiny„„Managing Managing Our DestinyOur Destiny Trend is Not DestinyTrend is Not DestinyWe need to work together as a communityWe need to work together as a community TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: January 22, 2013 RE: Approval of Policy Governance Section 1 – Governance and Town Policy 100 – Town Committees and Town Policy 101 – Board of Trustees Division of Responsibilities Background: Last fall the Board began work on developing a Policy Governance Manual for the Town of Estes Park. The first of four sections of the manual deals with Governance, or the internal policies and operations of the Board of Trustees. Policy Governance provides the fundamental guidance and principles for which other internal operating procedures will be developed. The first two of these operating procedures are Policy 100 – Town Committees and Policy 101 – Board of Trustees Division of Responsibilities. These have been presented to the Town Board in previous study sessions and amended as requested by the Board. Budget: n/a Staff Recommendation: That the Board adopted and approve section on of the Town of Estes Park Policy Governance Manual – Governance, and Estes Park Policies 100, Town Committees and 101, Board of Trustees Division of Responsibilities. Sample Motion: I move for the adoption of Section 1 of the Town of Estes Park Policy Governance Manual regarding Board Governance. I move for the adoption of Town of Estes Park Policy 100 – Town Committees. I move for the adoption of Town of Estes Park Policy 101 – Board of Trustees Division of Responsibilities 1 Governing Policies of the Town of Estes Park Board of Trustees 2 Introduction These Governing Policies, as adopted by the Board of Trustees, incorporate four categories of policy. The first category is the Governance Process, which clarifies the board's own job and rules, how they work together and how the Board relates to the citizens of Town of Estes Park. Category two is Board/ Staff Linkages which outlines the delegation and accountability through the Town Administrator. The third Category is Executive Limitations which describes the prudence and ethics, and limitations of the authority and responsibilities of the Town Administrator in his/her role as the Chief Appointed Official for the board directing the staff of the Board of Trustees. The first three all work together to efficiently and effectively implement the fourth Category, which is the vision, direction, and policy of the Board of Trustees. These describe what benefits will occur, for which people, at what cost. To further its accountability to the citizens and taxpayers of the Town of Estes Park, the Board of Trustees adheres to the following principles of governance: 1. Ownership: The Board connects its authority and accountability to its “owners” – the citizens and taxpayers of the Town – seeing its task as servant leader to and for them. 2. Governance Position: With the ownership above it and operational matters below it, governance forms a distinct link in the chain of command and authority. The Board’s role is that of commander, not advisor. It exists to exercise that authority and properly empower others rather than to be management’s consultant, or adversary. The Trustees—not the staff—bears full and direct responsibility for the process and products of governance, just as it bears accountability for any authority and performance expectations delegated to others. 3. Board Holism: The Board of Trustees makes authoritative decisions directed toward management and toward itself, its individual Trustees, and committees only as a total group. That is, Town Board authority is a group authority rather than a summation of individual authorities. 4. Goals Policies: The Town Board defines, in writing, the (a) results, changes, or benefits that should come about for specified goals (b) recipients, beneficiaries, or otherwise defined impacted groups, and (c) at what cost or relative priority for the various benefits or various beneficiaries. These are not all the possible “side benefits” that may occur, but those that form the purpose of the organization, the achievement of which constitutes organizational success. Policy documents containing solely these decisions are categorized as “Goals” in the policies that follow. 3 5. Board Means Policies: The Board of Trustees defines, in writing, those behaviors, values added, practices, disciplines, and conduct of the Board itself and of the Board’s delegation/accountability relationship with its own subcomponents and with the management part of the organization. Because these are not decisions relating to Goals, they are called “Board Means” to distinguish them from “Ends” and “Staff Means”. These decisions are categorized as “Governance Process” and “Board Management Delegation”. 6. Management Limitations Policies: The Board makes decisions with respect to its staff’s means decisions and actions only in a proscriptive way in order simultaneously (a) to avoid prescribing means and (b) to put off limits those means that would be unacceptable even if they work. These decisions are categorized as “Management Limitations” in the policies that follow. 7. Self-Enforcing – These policies are collectivily adopted by the Estes Park Board of Trustees and as such only the board and individual trustees are responsible for compliance both individually and collectively. 4 TOWN OF ESTES PARK BOARD OF TRUSTEES GOVERNING POLICIES MANUAL Table of Contents Category 1. Governance Process Policy 1.0 Governance Commitment Policy 1.1 Governing Style Policy 1.2 Operating Principles Policy 1.3 Board Job Description Policy 1.4 Mayor’s Responsibility Policy 1.5 Board Members' Code of Conduct Policy 1.6 Board Appointed Committee Principles Policy 1.7 Board Liaison Roles Policy 1.8 Board Committee Principles Policy 1.9 Annual Planning And Agendas 5 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.0 POLICY TITLE: GOVERNANCE COMMITMENT Within the authority granted to it by Colorado Revised Statutes, the purpose of the Town of Estes Park Board of Trustees (the “Board”), on behalf of the citizens of Town of Estes Park, is to see to it that the Town of Estes Park government 1) achieves results for citizens at an acceptable cost and 2) avoids unacceptable actions and situations. 1.1 The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactively rather than reactively. 1.2 The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of theTown of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.3 The job of the Board of Trustees is to make contributions which lead the Town Government toward the desired performance and to assure that it occurs. The Board’s specific contributions are unique to its trusteeship role and necessary for proper governance and management. 1.4 The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). 1.5 The Board expects of its members ethical and businesslike conduct. 1.6 The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. 1.7 The Board of Trustees may appoint an individual Trustee to serve as the official liaison of the Board to Town Boards and Commissions. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.8 Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth 6 discussion and information on the specific areas assigned to the Committee. Committee’s may not vote or adopt policy, but may make recommendations to the Town Board for action. 1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re-exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. 7 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.1 POLICY TITLE: GOVERNING STYLE The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactive rather than reactive. In this spirit: 1.1.1. The Board of Trustees will operate fully aware of its trusteeship and stewardship obligation to its constituents. 1.1.2. The Board of Trustees will conduct itself individually and collectively with whatever discipline is needed to govern with excellence through: A. Being committed to matters such as policy making principles, role clarification, speaking with one voice and self-policing of any tendency to stray from governance adopted in Board policies. B. Individual Board members’ thorough preparation for meetings and regular attendance. C. Continuation of Board development including orientation of new members in the Board’s governance process, participation in relevant continuing education, and periodic Board discussion of process improvement. 1.1.3. The Board of Trustees will direct, control and motivate the organization through the careful establishment of broad written policies reflecting the Board’s values and perspectives. The Board’s emphasis will be on impacts on the Town outside the organization, not on the administrative means. 1.1.4. The Board of Trustees, as trustee for and working with the citizens of the Town of Estes Park, will be the primary initiator of policy, and will also be receptive to other policy initiatives from citizens and staff. The Board, not the staff, will be responsible for Board performance as specified in the policy entitled Board Job Products. 1.1.5. The Board of Trustees will be accountable to the Citizens of the Town of Estes Park for competent, conscientious and effective accomplishment of its obligations as a body. It will allow no individual, committee or entity to usurp this role or hinder this commitment. 8 1.1.6. The Board of Trustees will monitor and discuss the Board’s own process and performance, and ensure the continuity of its governance capability through continuing education and training. 1.1.7. A member of the Board of Trustees who votes in the minority is free to express his/her dissent but will respect the process and legitimacy of the majority decision. 1.1.8 All Town Trustees will respect legitimacy of the opinions and reasoning of other Trustees when and after making board decisions. 1.1.9 Agree not to hold grudges or bring disagreements from past actions into future decisions. 1.1.10 A member of the Board of Trustees who, in their sole opinion, believes they have a conflict of interest or for any other reason believes that they cannot make a fair and impartial decision in a legislative or quasi-judicial decision, will recuse themselves from the discussion and decision. Any recusal will be made prior to any board discussion of the issue. 1.1.11 Any Trustee may choose to abstain from voting on any question, at their sole discretion. If there is not conflict of interest or reason for recusal as outlined in 1.1.10, the trustee may participate fully in Board discussions of the issue, yet abstain from voting, should they so choose. 9 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.2 POLICY TITLE: OPERATING PRINCIPLES The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of Town of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.2.1 FAIRNESS: We are committed to fairness in our day to day activities. To ensure an atmosphere of fairness, we agree to the following principles: A. We will listen to all sides of an issue. B. We will be fair with each other. C. Citizens will have opportunity to access the Board of Trustees, with the exception of any contact that may be considered ex-parte communication associated with a quasi-judicial decisions. D. We have an obligation to listen to each other, citizens and staff with the understanding that an obligation to listen does not necessarily equate to an obligation to agree or to act as requested. E. We will treat each other as equals. 1.2.2 RESPONSIBILITIES AS ELECTED OFFICIALS: We understand and agree that we have certain responsibilities to the public and community beyond those simply articulated in law. A. We believe we are each responsible for our own actions as Trustees. We will take responsibility for our own actions. B. We agree to address issues and respond to each others requests in a timely and open manner. C. We will give equal weight to rights and responsibilities when making decisions. D. When giving staff responsibility we will grant the appropriate authority to carry out that responsibility. E. We have a fiduciary responsibility to uphold the Constitutions of the United States and the State of Colorado, and all laws and regulations of the United States, the State of Colorado and the Town of Estes Park. 1.2.3. RESPECT: Citizens’ trust in government is critically important. The key to building and maintaining this trust is placing a high value on respecting each other and those we work with and serve as public officials. A. We agree to take others' concerns seriously. B. We agree to accept and respect each other's individuality, supporting each other by capitalizing on our individual strengths, working together, as a team, utilizing each others' expertise, to accomplish our goals and the goals of the Town of Estes Park. C. We believe that information flow within the organization is important and 10 that all affected parties should have all of the information that is important to them, whenever possible. D. We agree to respect each other's feelings and ideas and to treat everyone with respect. E. We will make every effort to not just listen but to understand the point from others' perspective. F. We understand that respect comes in many forms and we will make every effort to show respect for others both in our verbal and non-verbal actions. G. We treat those providing input at Town meetings with respect. 1.2.4. HONESTY AND INTEGRITY AND TRUST: As elected officials we will hold ourselves to a high standard of honesty and integrity in the community. A. We will deal with each other honestly. B. We are committed to high standards of ethics in our dealings with each other, employees, and citizens. C. If an interpersonal conflict or problem develops, we will work with the people involved only and strive to settle the conflict or problem in a constructive basis. D. We treat our office as a public trust. The Town’s resources and powers are to be used for the benefit of the public. . E. We refrain from decisions in which our financial or personal interests are specifically affected by a decision and shall adhere to applicable Colorado Law governing conflict of interest. F. We do not accept personal gifts except as specifically allowed by Colorado Law. G. We respect and adhere to our oath of office H. We will abide by Article 29 of the Constitution of the State of Colorado regarding ethical behavior. 1.2.5. COMMUNICATION: We believe that to be effective as elected officials, we must communicate clearly and completely at all times. A. We believe in full disclosure and “no surprises” in our internal operations and in working together as a Board. We will strive for open and candid communication among citizens, staff and each other. B. We are committed to providing our citizens with relevant, accurate and timely information about the Town goals, services, fiscal programs, services provided, and the decisions that will affect the public. C. We believe it is important to keep each other informed of our activities and of issues facing us as a Board of Trustees. 1.2.6 ACCOUNTABILITY: A. We will exercise our authority with open meetings and access to public records. B. We will hold executive sessions only for reasons allowed by Colorado Revised Statutes. C. We are positive advocates for the Town and are accessible to the citizens of Estes Park. 11 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.3 POLICY TITLE: BOARD JOB DESCRIPTION The job of the Board of Trustees is to lead the Town Government toward the desired performance and to assume a good faith effort toward those objectives. The Board’s leadership is unique to its trusteeship role and necessary for proper governance and management. 1.3.1 The products of the Board shall be: 1. Linkage: As the Town of Estes Park Board of Trustees places a high value on open, participatory government, the board will produce the linkage between Town of Estes Park government and the Citizens of Town of Estes Park. A. Needs Assessment: The Board of Trustees will strive to identify the needs of the citizens as they relate to Town of Estes Park’s activities and scope of influence, and shall translate such knowledge into the articulation of Board Objectives policies (see definition below). B. Advocacy and Ambassadorship: The Board of Trustees will act as the representatives of the citizens to the Town of Estes Park government, and shall take steps to inform and clarify: i. the citizens relationship with government, and ii. the organization’s focus on future results, and as well as present accomplishments. 2. Written governing policies that, at the broadest levels, address each category of organizational decision: A. GOVERNANCE PROCESS: Specification of how the Board of Trustees conceives carries out and monitors its own task B. STAFF LIMITATIONS: Constraints on staff authority which establish the prudence and ethics boundaries within which all Town Administrator and staff activity and decisions must take place. C. BOARD/STAFF LINKAGE: How power is delegated and its proper use monitored; the role, authority and accountability of the Town Administrator (and the Town Attorney).. D. OUTCOMES: Organizational products, effects, benefits, to answer the questions for (what good, for which recipients, and at what cost?). 12 3. The Board will produce assurance of: A. Town Administrator performance (in accordance with policies in 2A and 2B) B. Town Attorney performance (in accordance with policies in 2A and 2B) 4. Adopted resolutions, regulations, ordinances, and fee schedules; legislative positions; the Audit; the Budget; Boards and Commissions; and statutorily mandated items. 1.3.2 Role of Town Trustees 1.3.2.1 Representation: i. Providing leadership for the Town on behalf of the citizens of Estes Park. ii. Representing and acting in the best interest of citizens of the Town of Estes Park. iii. Being knowledgeable of issues, researching background information, attending regularly scheduled meetings, and acting as a resource for citizens’ concerns. iv. Serving as a conduit for information from citizens to the Town Administrator and the Mayor in responding to questions and individual problems. v. Finding a balanced approach for addressing competing interests among constituent groups to ensure the community is fairly represented. vi. Representing the Board of Trustees on standing committees of the Town for the purpose of monitoring major Town activities and policy implementation. 1.3.2.2 Legislative: I. Serving as the governing body of the Town and holding all legislative and corporate powers of the Town specifically granted or implied by statutory provisions and the Municipal Code. II. Enacting ordinances, resolutions and policies for the governance of the Town of Estes Park and protecting the life, health and property of its citizens and visitors. III. Establishing policy for the direction of the Town Board and Town Staff. IV. Establishing fiscal policy, financial targets, and budget goals for the Town government. V. Having final decision making responsibilities over pertinent land use issues and application of development code requirements within the Town of Estes Park. 1.3.2.3 Quasi-Judicial: i. Acting in a quasi-judicial manner in matters brought before it that relate to public hearings, appeals, land use, and liquor licensing. 13 ii. Making decisions concerning quasi-judicial matters based upon testimony presented at formal hearings which are normally conducted during regularly scheduled Town Board meetings. iii. Not accepting nor seeking outside input or lobbying that attempts to influence their decision prior to the quasi-judicial Public Hearing. Any and all ex parte communication shall be disclosed at the beginning of the hearing. Not doing so may cause a Trustee to be disqualified from the proceedings. 1.3.2.4 Communications: I. Following a formal decision, acting as a united body, not as individual Trustees, and acknowledging the decision of the Town Board. II. The Town Administrator is the sole point of contact between the Trustees, as policy makers, and Town Staff. III. Interacting with the media, governmental entities, the public or other bodies as individual Trustee and not as a representative of the majority of Trustees unless an official position or legislative action has been established or authorized to do so. IV. Communicating to the Mayor and other Trustees items of importance from their respective committees and providing information that may be necessary to keep other members aware of important Town activities or critical functions. V. In times of community emergency it is important that the Town Board speak with one voice. The Mayor, or the Mayor Pro-Tem, if the Mayor is not available, shall speak for the Board during an emergency. Other trustees will refer all requests for information to the Mayor or Mayor Pro-Tem. The Mayor will coordinate all communication with the incident commander and the Town Administrator. The purpose of this policy is not to restrict the communication of the trustees or the Mayor, but to insure all communication is timely and accurate and is in concert with the incident response plan. 14 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.4 POLICY TITLE: MAYOR’S RESPONSIBILITY The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). Accordingly: 1.4.1. The responsibility of the Mayor is to consistently guide the behavior of the Board with its own rules and those legitimately imposed upon it from outside the organization. 1.4.1.1. Meeting agendas and discussion content will be only those issues which, according to Board policy, clearly belong to the Board to decide, not the Town Administrator. 1.4.1.2. Deliberation will be fair, open, orderly and thorough, but also efficient, limited to time, and kept to the point. a. 1.4.2. The authority of the Mayor is to preside over meetings and to sign documents as authorized by the Board of Trustees and to preside over the evaluation of the Town Administrator by the Town Board. 1.4.3. The Mayor shall not act on behalf of the Town in any unilateral manner, except as approved by the Board of Trustees. This shall include any appointment of committee or board positions, making any financial or other binding obligations on behalf of the town, or expressing the official position of the Town on any matter. 1.4.4 Representation: 1.4.4.1 Provide leadership for the Town of Estes Park. 1.4.4.2 Serve as the primary representative of the Town of Estes Park in official and ceremonial functions. 1.4.4.3 Represent the Town in interaction with other government agencies. 1.4.4.4 Be the spokesperson for the Town unless the Town Board has decided otherwise. 1.4.4.5 Represent the Town Board as a liaison with the Town Administrator to promote the timely flow of information between the Town Board, Town Staff and other governmental organizations. 1.4.4.6 Represent the Town on the Platte River Power Authority Board. 1.4.5 Enactment: 15 1.4.5.1 Mayor in conjunction with the Town Board and Town Administrator enforces the ordinances and laws of the Town. 1.4.5.2 Signs all warrants (see section 2.12.020 of the Municipal Code). 1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. The Mayor has the authority to disapprove such ordinances or resolutions in writing, subject to Board of Trustees override. 1.4.5.4 Mayor with, Town Board approval, appoints members of committees, and other entities that may be necessary from time to time for the effective governance of the Town. 1.4.5.5 Facilitating policies and procedures for the effective management of the Board, establishing Town goals in conjunction with the Town Board, promoting consensus and enhancing Board performance. 1.4.6 Mayor Pro Tem - Mayor Pro Tem shall assume all duties of the Mayor in the Mayor’s absence in accordance with Section 2.16.010 of the Municipal Code. 1.4.7 – Mayoral Appointments 1.4.7.1 – Board Standing Committees - “At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint three (3) Trustees to the following standing committees: community development, public safety, public works and utilities.” (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010) 1.4.7.2 Special Assignments – The Mayor may appoint other trustees to serve on temporary committees, community groups, interview panels or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall inform the entire board of any special assignments and will make every effort to distribute special assignments equitably among the members of the Board. 1.4.7.3 Special committees.- Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Ord. 26-88 §1(part), 1988; Ord. 10-10 §1, 2010) 16 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.5 POLICY TITLE: BOARD MEMBERS’ CODE OF CONDUCT The Board of Trustees shall operate in an ethical and businesslike manner. Accordingly: 1.5.1. Members of the Board of Trustees must represent unconflicted loyalty to the interests of the citizens of the entire Town. This accountability supersedes any conflicting loyalty such as that to any advocacy or interest groups, or membership on other Boards or staffs. This accountability also supersedes the personal interest of any Board member acting as an individual consumer of the Town government’s services. 1.5.2. Members of the Board of Trustees must avoid any fiduciary conflict of interest, ex-parte communication involving quasi-judicial matters or nepotism conflicts. 1.5.3. Members of the Board of Trustees will act in accordance with the Colorado Revised Statutes and the Code of the Town of Estes Park, as they relate to the Board’s responsibilities and authorities. 1.5.4. Individual Board members can represent the Board on Town matters when delegated those responsibilities by the Board 1.5.5. Members of the Board of Trustees may not attempt to exercise individual authority over the Town government except as explicitly set forth in Board policies. 1.5.5.1. Board of Trustees’ interaction with the Town Administrator or with staff must recognize the lack of authority in any individual Board member or group of Board members except when explicitly authorized by the Board in a public meeting. 1.5.5.2. Individual Board members’ interaction with public, press or other entities must recognize the same limitation except when explicitly authorized by the Board of Trustees in a public meeting. 1.5.5.3. Individual Board members will not formally evaluate the performance of the Town Administrator, his/her staff or the Town Attorney except as that performance is assessed in accordance with explicit Board of Trustees’ policies. 1.5.5.4. Individual members of the Board of Trustees may not intentionally coerce or intimidate Town employees, interfere with Town employees’ duties or authority. 17 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.6 POLICY TITLE: BOARD APPOINTED COMMITTEE PRINCIPLES For simplicity and clarity in this policy, the term “Committee” shall refer to any board, commission, task force, council, committee or any other volunteer group of citizens serving the Town of Estes Park. The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. Accordingly: 1.6.1. This policy applies only to committees which are appointed by the Board of Trustees. 1.6.2. Other than those legislatively directed, committees may not speak or act for the Board of Trustees except when formally given such authority for specific and time-limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the staff. 1.6.3. Committees appointed by the board are to help the Board of Trustees do its job, not to help the staff do its job. Committees ordinarily will assist the Board by preparing policy alternatives and implications for Board deliberation. Committees are not created by the Board to advise staff. The Board understands that at times the Town Administrator or Town Staff may convene ad-hoc or ongoing advisory boards to serve as advisors for operational issues. These advisory groups are subject to the same limitations as Board appointed committees. 1.6.4. In keeping with the Board of Trustees’ broader focus, committees normally will not have direct dealings with current staff operations. Committees cannot exercise authority over staff. 1.6.5. Because the staff works for the Board, they will not be expected to obtain approval of a committee before taking action unless otherwise authorized by state statute, Board policy, or federal regulation. 1.6.6. Because of the differing nature of committees, some of which are defined by state statute, the Board shall have and keep current an operating policy defining the role of different committees and setting forth rules and procedures for Town of Estes Park committees (OPS xxx). 1.6.7 The authority and responsibility of any committee will not duplicate the authority 18 or responsibility of: A. The Board of Trustees B. Town Staff C. Any other committee D. Town Auditor E. Town Attorney 1.6.8 All committees will undergo a regular sunset review, at least once every five years, unless otherwise provided for more frequently and according to a staggered schedule to be adopted separately by the Board of Trustees. 1.6.9. Said sunset review shall include a review of the Board and Commission’s MissionStatement, and of the Board of Trustees’ charge to the Committee of their role, responsibility and authority. 19 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.7 POLICY TITLE: BOARD LIAISON ROLES The Board of Trustees may appoint an individual Trustee to serve as the official liaison of the Board to Town committees. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.7.1 Appointment - Any Trustee serving as a liaison to any group, either internal or external, shall be appointed by the Town Board. 1.7.2 Term – A Trustee shall serve as the Town Board Liaison solely at the pleasure of the Town Board, with no specific term limit. 1.7.3 Duties of a Liaison 1.7.3.1 Communicate with the committee when Board of Trustees communication is needed and to serve as the primary two-way communication channel between the Town Board and the committee or community group. 1.7.3.2 Review applications, interview candidates and make recommendations to the Town Board for final approval. 1.7.3.3 Serve as the primary Trustees’ contact for the committee or community group. 1.7.3.4 Attend assigned committee or community group meetings when requested or whenever appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not expected to attend every meeting of the committee or group. 1.7.3.5 The liaison is not a member of the committee and when in attendance at a meeting is there as an observer for the Board of Trustees and a resource for the committee. Participation in board discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. 20 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.8 POLICY TITLE: BOARD STANDING COMMITTEES For the purpose of this policy, Board Committee is defined as a sub-committee of the Board of Trustees and membership is composed solely of Town Trustees. 1.8.1 Board Committees – The Board shall have the following Board Committees (Ord. 26‐88  §1(part), 1988; Ord. 7‐03 §1, 2003; Ord. 10‐10 §1, 2010) 1.8.1.1 Community Development and Community Services Committee – Responsible for discussions of issues and policy associated with Community Planning, Building and Code Compliance, Fairgrounds and Events, Museum, Senior Center, Visitors Center, Finance and Administration 1.8.1.2 Public Works, Utilities and Public Safety Committee – Responsible for discussions of issues and policy associated with Police, Engineering, Facilities, Parks, Streets, and Utilities. 1.8.2. Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. Committee’s may not adopt policy, but shall make recommendations to the Town Board for action. 1.8.3 The following principles shall guide the appointment and operation of all Town Board Committees: 1.8.3.1 Board Committees may not speak or act for the Board except when formally given such authority for specific and time limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the Town Administrator. 1.8.3.2 Board Committees cannot exercise authority over staff. Because the Town Administrator works for the full board, he or she will not be required to obtain approval of a Board, Committee or Commission before an executive action. 1.8.3.3 Board committees shall consist of no more than 3 trustees so that the committee is never a quorum of the Town Board. 21 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.9 POLICY TITLE: ANNUAL PLANNING AND AGENDAS     1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re‐exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. Accordingly: 1.9.1 The Town Board annual planning cycle will conclude each year on July 1, so that administrative planning and budgeting can be based on accomplishing a one‐year segment of long‐term Goals. 1.9.1.1 The cycle will start with the Town Board development of its agenda for the next year. In April-May of each year, the Board will adopt its key objectives for the following year. 1.9.1.2 The Town Board will identify its priorities for Goals, objectives and other issues to be resolved in the coming year, and will identify the information‐gathering necessary to fulfill its role. This may include consultations with selected groups in the ownership, other methods of gaining ownership input, governance education, and other education related to Goals issues (e.g. presentations by advocacy groups, demographers, other providers, and staff). 1.9.1.3 The Board of Trustees, with the assistance of the Town Administrator at the commencement of the Town Board annual planning cycle, prepare a tentative agenda plan for the following year’s meetings. 1.9.2 AGENDAS 1.9.2.1 Regular Board Meetings - The Town Clerk will prepare the agenda for any regular meeting of the board, in consultation with the Town Administrator and staff. A draft agenda will be distributed to the Board of Trustees for comment prior to the publication of the agenda. Individual trustees may request agenda matters for Town Board consideration at least two weeks prior to the regular board meeting. If any Trustee objects to an item on the draft agenda when distributed, the Town Administrator will only place items on the agenda with the direction of a majority of the Board. The Town Administrator may add routine administrative and consent items to any Board agenda. 1.9.2.2 Study Sessions – The Town Board will approve the schedule for upcoming Study Sessions. The Mayor, Trustees or staff may request or recommend any appropriate 22 matters for Town Board consideration; however the Town Administrator will only place items on a Study Session agenda with the direction of a majority of the Board. 1.9.2.3 By an affirmative vote of a majority of the Trustees present at a meeting, additional matters may be added to the agenda of any such meeting, as long as it is allowed by statute. 1.9.3 The Town Board will attend to Consent Agenda items (those items delegated to the Town Administrator yet required by law or contract to be Town Board‐approved, or minor non- controversial or routine matters) as expeditiously as possible. 1.9.4 Monitoring reports due and/or submitted to the Town Board will be on the Town Board Meeting agenda for acceptance. Discussion of the reports will be only for indication of policy violations or if the Town Board does not consider the Interpretation to be reasonable. Potential, extensive policy revisions under consideration will be scheduled during a Town Board Work Session or future Town Board Meeting.   ‐     Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    1        100.1. Purpose:  To establish a uniform Policy and Procedure process for Town of Estes Park  committees and to provide reference for cross training and training new personnel.  100.2   SCOPE: This Policy and Procedure applies to all Town citizen volunteer boards, commissions  and task forces, herein collectively referred to as “committees” and the appropriate staff  who support the functions of these entities. This Policy and Procedure does not apply to  internal staff committees, committees not appointed by the Town Board or outside  independent committees.  100.3   RESPONSIBILITY: The Town Administrator and Town staff shall be responsible for the  implementation of this Policy and Procedure.  100.4   PROCEDURES  NOTE: In instances where federal or state regulations and laws differ from this policy/procedure, the  federal and state laws and regulations will be followed.  I. DEFINITIONS:  A. COMMITTEE TYPES: Committees serve many different roles within the Town. It is  important that staff and committee members fully understand the role of each committee  and the authority and responsibility for the committee and its members. To help define  these roles, each committee will be designated as to type, as defined below:  1. Advisory Committees: An advisory committee serves a forum of citizens to advise and  assist the Town Board and/or a requesting Town department, providing them with  technical and non‐technical advice on issues. Advisory committees are not authorized  to make decisions on behalf of the Town. The Town Board will consider the input of  advisory committees, as well as other community members, in making decisions on  issues. The Town Board may or may not take action that is in agreement with the  advice of a Town advisory committee.  Advisory committees may not speak for the  Town or take independent positions on issues with the public or the press. Its purpose  is to advise the Town Board or the requesting department only.      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    2      a. Constituent Advisory Committee: This type of advisory committee is used as a  polling type committee used to develop a sampling of community reaction and  opinion on an issue or program(s). The membership on this type of committee  should be broad based and accurately reflect the total diversity of the larger public.  Example:  The Transportation Advisory Committee  b. Content –Advice‐giving Committee: This type of advisory committee is created to  give advice to the Town Board or appropriate department to aid with decision  making processes. Varied interests and opinions are encouraged, and the advisory  committee may be asked to develop specific proposals and products for Town  Board or department consideration. Membership is selected to encourage a wide  variety of input from respected individuals from the community with specialized  expertise. This advisory committee may or may not be a demographic reflection of  the community as a whole. Example – The Tree Board  c. Working Group: This type of advisory committee may reflect both the content or  advisory type of committee, but is further charged with implementation of a  project or program.  Example – The Police Auxiliary   2. Quasi‐judicial Committees: Some committees and commissions are defined in state  statute and have certain statutory responsibilities and authorities, as designated by  statute. Often these committees have the authority to hold formal hearings, accept  testimony, and make decisions which have some level of legal standing. These  decisions may or may not be subject to review by the Town Board. Members of these  committees must be cognizant of protecting the unbiased quasi‐judicial nature of the  committee and its formal hearings. Activities of these committees are limited to those  authorities granted in statute or specifically by the Town Board. Example – The  Planning Commission  3. Decision‐making Committees: Decision‐making  committees are bodies that either  statutorily or as granted by the Town Board have authority to make decisions which  may include some of the following: approving citizen requests and applications,  allocating resources, hiring or firing employees or adopting regulations. The specific      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    3      authority of each decision‐making committee is defined in statute or in the bylaws as  approved by the Town Board. Examples – The Board of Adjustment, Board of Appeals  4. Ad‐Hoc Task Forces: Task forces are special ad‐hoc panels created by the Town Board  for a specific project or task. Task forces are limited in duration and are not ongoing  entities. The responsibilities of the task force shall be designated by resolution by the  Town Board at the time the Town Board authorizes the formation of the task force.  The Town Board will consider the input of task forces, as well as other community  members, in making decisions on issues. The Town Board may or may not take action  that is in agreement with the advice of a Town task force. Task forces may not speak  for the Town, and are to advise the Town Board or the appropriate department only,  and are not to take independent positions on issues with the public or the press.  Examples – Bond Park Committee, Transportation Visioning Committee  5.   Outside and Independent Committees– These are committees that may or may not be  appointed wholly or partially by the Town Board, but are independent autonomous  committees, often serving a governance role for another entity.  This includes, but is  not limited to the Estes Valley Library Board, the Local Marketing District, the Estes  Park Housing Authority, and Western Heritage Inc.  B. TOWN BOARD LIAISON: The Town Trustee assigned to the committee pursuant to  Governing Policy 1.7   C.  STAFF LIAISON: A staff position responsible for the coordination and communication with  the assigned committee and the day‐to‐day support for the committee.  II. TERMS: The term for committee membership shall be defined in the bylaws of each  committee.  Terms for outside committees are the responsibility of the specific committee and  not the Town of Estes Park.  A. Terms for all committee members will be staggered with the exception of ad‐hoc or  temporary committees, which may have a finite sunset.      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    4      B. Mid‐term appointments to positions that become vacant may be made at any time or may  be postponed to the regular term period, at the discretion of the Town Board.  C.    Unless otherwise specified by statute, members of a committee serve at the pleasure of  the Town Board, have no property interest or entitlement in their membership or office  and may be removed at any time for any reason by the Town Board.   III.  RECRUITMENT:     A. The Town Clerk will publicize and advertise committee  vacancies each year, and on an as‐ needed basis throughout the year, utilizing paid advertising, press releases to electronic  and print media, the Town website, and other produced materials that might engage  interested residents. Applications shall be available on the Town website, at Town Hall and  at the Estes Valley Library.     B. Departments and current committee members are encouraged to help recruit potential  committee members, especially when specific targeted populations or expertise is  required.   C. APPLICATIONS: All citizens interested in serving on a committee shall complete an official  Town application. These applications will be available from the Town Clerk’s office and on  the Town website. Applications must be returned by the deadline to the Town Clerk’s  office. Online applications are accepted from the Town website.    Citizens may apply for up to three committees at a time.  When applying for more than one  committee, applicants should prioritize their requests on the committee application form.  D. ELIGIBILITY: Eligibility for any committee shall be defined in the bylaws of each committee.  However, except by special circumstance as approved by the Town Board, all members of  any Town committee shall be legal residents of the Town of Estes Park and at least 18  years of age. No individual who is currently serving a sentence after being convicted of a  felony may serve on any Town board.  Due to the time commitment involved, and to allow  as many citizens the chance to participate in Town committees, serving on more than one  Town committee at a time is discouraged.  However, the Town Board reserves the right to      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    5      appoint individuals to multiple committees when, in the opinion of the Town Board, it is in  the best interest of the Town.  IV. SELECTION PROCESS: The Town Board will seek the most qualified diverse applicants with  applicable special interest and expertise. In general, only the Town Board will select  appointments to a Town committee.  Existing committee members may assist with the  recruitment of new members, but should not screen, interview or make recommendations for  appointments, unless specifically requested to do so by the Town Board.  A. Selection to the committees will be carried out as follows:   1. The Town Board or its designee will review the applications.  2. The Trustees or their designee may screen applicants to select a pool for interviewing.  3. The Trustees or their designee may conduct reference checks or background checks on  applicants when, in the opinion of the Town Board or its designee, it is in the best  interest of the citizens of the Town of Estes Park. No such checks will be completed  without the informed consent of the applicant.  4. Applicants for all committees will be interviewed by the Town Board, or its designees.  Any designees will be appointed by the full Town Board.   5. The Trustees may request assistance from the staff liaison and other committee  members.  6. Recommendations from the interview team will be made to the Town Board, which will  make the appointment(s).  B. Incumbent committee members who are eligible for reappointment will be contacted by  the Town Clerk’s office to assess their interest in being reappointed.  Members who desire  reappointment will be considered along with all other applicants.  Incumbents may be  interviewed by the Town Board or its designee, at the discretion of the Town Board.  C. By agreeing to serve on a Town committee, the member agrees to abide by this policy of  the Town Board. Any committee member who violates the terms of this Policy and      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    6      Procedure or the bylaws of the committee may be asked to resign or be removed from the  committee by the Town Board.  V. NOTIFICATION: The Town Clerk’s office will notify applicants of scheduled interviews. The  Town Clerk’s office will also notify applicants and incumbents requesting reappointment, of  appointments and the status of their applications.  VI. VACANCIES:  A. The Town Clerk’s office will keep all applications on file for one year. If vacancies occur  during the year, the position may be filled from the current list of applicants using the  selection process delineated or through advertising for interested volunteers. For difficult  to recruit committees, applications may be kept on file for two years.  B. Resignations from any committee should be addressed in writing to the Town Board or  Town Administrator.  VII.   COMMITTEE ALTERNATES:   A. No Town committee will have members designated as alternates. All members, other than  those designated as ex‐officio or associate, shall have full membership and voting  privileges on all Town committees.  B. Where federal or state laws or municipal ordinances require alternates Section VII, A is  waived.    C. Alternate/non‐voting members who wish to become regular members must complete an  application for the appropriate committee.    VIII. STAFF SUPPORT: Staff support is available to committees through the staff liaison assigned to  support each committee.  A. It is the responsibility of the Town Board, in coordination with the staff liaison to provide the  necessary budget and other resources for any committee to perform its assigned duties.      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    7      B. It is the responsibility of the staff liaison to ensure the committee has adequate and  reasonable staff support within budgeted resources.  C. Staff support and staff liaisons will not be members of the committee to which they are  assigned.     D. It is the responsibility of the staff liaison to make requests for the Trustees' liaison to attend  assigned committee meetings through the Town Clerk.      IX. TRUSTEES’ LIAISON: Individual Trustees may be assigned as liaisons to a committee by the Town  Board.  The role of the Trustee liaison is:  A. To serve as the primary two‐way communication channel between the Town Board and the  committee.    B. If so designated by the Town Board, to review applications, interview candidates and make  recommendations to the Town Board for approval.    C. Serve as the primary Town Board contact with the committee.    D. Attend assigned committee meetings when requested or whenever appropriate, in the  opinion of the Trustee liaison.  Trustee liaisons are not expected to attend every meeting of  the committee.    E. Any Trustee may attend the meeting of any committee; however they should notify the official  Town Board liaison in advance of attending.  This notification will allow the liaison to know  when a quorum of the Town Board may be attending the committee meeting and to notify the  Town Clerk so the appropriate public notifications can be made, in compliance with the  Colorado Open Meetings Act.    F. The liaison is not a member of the committee and when in attendance at a committee  meeting, shall be there as an observer for the Town Board.  Participation in committee  discussions should be minimal and restricted to clarification of Town Board positions or  collection of information to bring back to the full Town Board.      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    8      X. ORIENTATION AND TRAINING: Staff liaisons should provide new committee members with  pertinent materials that will assist new members in becoming fully functioning members of the  committee, including a copy of the bylaws and a copy of this policy. Staff liaisons should clearly  inform all new members of the role of the committee and the responsibilities and authority of  the committee. Established committee members are encouraged to share their experience  and knowledge with new members. New members are encouraged to attend meetings before  their term begins.  All new committee members shall receive and acknowledge the receipt of  the Town of Estes Park Volunteer Manual.  XI. BYLAWS: Each committee shall adopt bylaws that are consistent with these policies. A copy of  the bylaws shall be sent to the Clerk’s office prior to adoption, for staff and Town Board  review. This Policy and Procedure shall be incorporated, by reference, into the bylaws of all  Town committees, The bylaws shall include a description of the objectives and duties or tasks  of the committee, as set by the Town Board or the appropriate department.  XII. RECOGNITION: The Town Board shall recognize the Town’s volunteers annually, in a manner  determined by the Town Board.    A. The Town Board will send a letter of appreciation to all outgoing committee members in  good standing.  XIII. OWNERSHIP OF INTELLECTUAL PROPERTY:  A. Any documents, articles, reports or correspondence, recommendations or other products  produced by a Town committee shall be the sole property of the Town of Estes Park.  B. No committee or member of a committee may copyright or in any other way take  ownership for any documents, articles, recommendations or other products produced as a  function of the Town committee.  C. All documents and correspondence produced as part of the regular business of any  committee shall be subject to the same open records policies applicable to all Town  documents and correspondence.      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    9      D. All documents and publications of any Town committee must be clearly identified as  belonging to or originating from the Town of Estes Park.  XIV. OPEN MEETINGS: All meetings and actions of any committee shall be in full compliance with  state statutes governing open meetings. It is the responsibility of the staff liaison to be familiar  with these statutes and regulations.  XV.   DECISION MAKING:  A. Any actions, recommendations or discussions of any committee shall be limited to the  defined objectives of the body as described in the approved bylaws.  B. A common point of misunderstanding with committees and citizens is the role of the  committee in decision making and the type of decision making to be employed by the  committee for a particular issue. The Town Board realizes that not one method of decision  making fits all situations; however it is important that the type of decision be declared  early in the process of public discourse. The type of decision process is dependent on the  issue involved, the time frame available and the amount of public participation desired.  D. It is the responsibility of the staff liaison to assist the committee in its decision‐making  process and to train new and existing members in the appropriate responsibilities and  authorities of the committee and its members. Staff liaisons are not to exert undue  influence during the decision‐making process, but only to keep the decision making of the  committee in agreement with the objectives set by the Town Board.  XVII.  COMPENSATION AND REIMBURSEMENT:  A. COMPENSATION: Citizens who serve on Town committees do so as volunteers. There will  be no financial compensation or reimbursement of expenses, except as noted below, for  any volunteers on any committee.  B. MILEAGE: Committee members may request reimbursement for mileage to attend any  committee function if the member must travel greater than 10 miles from their residence.  Mileage will be reimbursed at the rate currently adopted for Town travel by the Town      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    10      Board. The staff liaison is responsible for approving mileage reimbursements for  committees within the budget provided by the Town Board.  C. MEALS: Meals may be provided by the Town as part of regular meetings of the committee,  as budgeted.  D. EXPENSES: Members of committees may be reimbursed for out‐of‐pocket costs associated  with the business of the committee provided the expenditures have been previously  budgeted by the Town Board and authorized in advance by the assigned staff liaison or  Town Administrator. (For example, office supplies, copies, printing, etc.) Other expenses  may be reimbursed if, in the judgment of the staff liaison, such reimbursement is in the  best interest of the Town.  XVIII. INSURANCE COVERAGE:  A. General liability (liability other than auto, including general, law enforcement and  professional) is provided to all volunteers.  B. Volunteers are not covered by the Town’s workers’ compensation coverage. Any injuries  incurred while volunteering is the responsibility of the individual volunteer.  C. Specific to automobile insurance, both physical damage and legal liability for bodily injury  or death is covered for all volunteers driving town vehicles, subject to coverage limits  pursuant to the Town’s coverage. In addition, liability is covered for all volunteers driving  their personal vehicles on Town business; however the following claims are excluded from  coverage.  1. Bodily injury or death to passengers (including friends and family) who are not on  official town business.  2. Physical damage to non‐Town owned vehicles used on Town business.  D. Property insurance is not provided to any personal property of the volunteer.  XIX. CONFLICT OF INTEREST:      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    11      A. A conflict of interest occurs when a person’s private, personal relationships or interests  diverge so that an independent observer may reasonably question whether the person’s  actions or decisions are determined by personal benefit, gain, or advantage.  B. Members of committees shall not use their membership for private gain, and shall act  impartially and not give preferential treatment to any private organization or individual.  C. A member of any committee who has a personal or private interest in a matter proposed  or pending shall disclose such interest to the committee; shall not vote on the item; and  shall not attempt to influence the decisions of other members voting on the matter.  XX. GIFTS:  A. Acceptance of or giving of any gifts by a committee member, which could lead to a conflict  of interest, is prohibited.  In particular, no member of any committee may accept or give a  gift in excess of a value of $53from any individual, organization, contractor, or any other  entity which does business with the Town or has any control of or interest in Town  business related to the activities of his or her particular committee.  XXI. MINUTES:  A. Minutes shall be recorded of all meetings of any Town committee that are subject to the  Colorado Open Meetings Act.  Approved or draft minutes should be posted as soon as  practicable after the meeting in question. Committees are strongly encouraged to post  draft minutes prior to the final approval of the minutes at the next meeting of the  committee.  At a minimum, minutes shall be published on the Town website within seven  days of approval by the committee.    B. Minutes should record any formal actions taken by the committee.  Minutes are not  intended to be verbatim transcripts of the meeting.  The amount of detail included in the  minutes beyond the recording of actions is left to the discretion of each committee.    XXII. AGENDAS:  A. Agendas for all public committee meetings will be posted on the Town website a minimum  of six days prior to the meeting, whenever possible.      Effective Period: Until Superseded  Review Schedule: Annual ‐ January  Effective Date: February 13, 2012  References: Governance Policy Manual 1.6 Board Appointed Committee Principles    TOWN BOARD POLICY GOVERNANCE  TOWN COMMITTEES  100    12      XXIII. WAIVERS:   A. Any section of this policy can be waived by a majority vote of the Town Board.      ___________________________________  William C. Pinkham  Mayor      Effective Period: Until Superseded  Review Schedule: After each municipal election   Effective Date: February 13, 2013  References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles      TOWN BOARD POLICY GOVERNANCE  BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES   101    Revisions:     101.1 Purpose The Board of Trustees has many varied responsibilities. In order to effectively  use their time, the Board finds it necessary to divide duties and responsibilities among the  Board members.        101.2 Assignments To Ongoing Committees: At their second meeting following the Board  election, the Board of Trustees determines each Board and Commission Primary Liaison  assignments and responsibilities for the remainder of the term of the current standing  Town Board.    101.2.1 Interim Assignments:  Should the Board deem it necessary to create a new liaison  assignment or to modify assignments at some time other than as described in 101.2, the  Board may do so at any regular meeting of the Board.    101.3  Assignment To Committees Of The Board Of Trustees (committees comprised solely of  members of the Board of Trustees)    101.3.1 Assignments To Standing Committees: “At the first regular meeting following the  certification of the results of each biennial election, the Mayor shall appoint three (3)  Trustees to the following standing committees: community development, public safety,  public works and utilities.” (Ord. 26‐88 §1(part), 1988; Ord. 7‐03 §1, 2003; Ord. 10‐10  §1, 2010)     101.3.2 Assignment To Special Committees: Special committees may be established by the  Board of Trustees. The Mayor shall appoint all members of any special committee  subject to the approval of the Board of Trustees. (Ord. 26‐88 §1(part), 1988; Ord. 10‐10  §1, 2010)     101.4 Special Assignments To Ad‐Hoc And Temporary Committees:  The Mayor may appoint  other trustees to serve on temporary committees, community groups, and interview  panels or in some other capacities as a representative of the Town, except in cases where a  Board Liaison has been approved by the Board of Trustees (Policy 1.7.)  The Mayor shall  inform the entire board of any special assignments and will make every effort to distribute  special assignments equitably among the members of the Board.      Effective Period: Until Superseded  Review Schedule: After each municipal election   Effective Date: February 13, 2013  References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles      TOWN BOARD POLICY GOVERNANCE  BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES   101    Revisions:              Effective Period: Until Superseded Review Schedule: After each municipal election  Effective Date: February 13, 2013 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles   TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES  101  Revisions:   Board Assignments    Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Creative Sign Design Review Board  Alison Chilcott Decision Making Estes Valley Planning Commission Trustee Elrod Alison Chilcott Advisory/ Decision Making Estes Valley Board of Adjustments  Alison Chilcott Decision making Western Heritage Inc  Trustee Koenig Bo Winslow Outside Estes Park Museum Friends and Foundation Inc.  Derek Fortini Outside Ambassadors  Teri Salerno Outside Police Auxiliary  Wes Kufeld Working Group Tree Board Trustee Ericson  Advisory Shuttle Committee  Brian Wells Advisory Transportation Advisory Committee  Scott Zurn Advisory Senior Center Inc  Lori  Mitchell Outside Estes Valley Restorative Justice  Amanda Nagl Working Group Local Marketing District (Visit Estes Park)  Trustee Norris  Outside Estes Park Housing Authority  Trustee Blackhurst  Outside Platte River Power Authority  Mayor PInkham  Outside Larimer County Open Lands Board  Trustee Phipps  Outside    Effective Period: Until Superseded Review Schedule: After each municipal election  Effective Date: February 13, 2013 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles   TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES  101  Revisions:   Sister Cities Trustee Koenig  Working Group Economic Development Ad Hoc Task Force Trustee Norris Lowell Richardson Outside Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Pinkham,  Trustee Ericson Steve McFarland Advisory Estes Park Housing Authority  Trustee Blackhurst  Outside Platte River Power Authority  Mayor Pinkham Reuben Bergsten Outside Public Works/Public Safety Committee Trustees Blackhurst, Koenig and Phipps  Board Committee Community Development/ Community Services Committee Trustees Ericson, Norris, Elrod  Board Committee Larimer County Open Lands Board Trustee Phipps  Outside   Page 1 Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees From: Gregory A. White, Town Attorney Date: February 7, 2013 RE: Ordinance No. 3-13 - Temporary Moratorium on Marijuana Establishments Background: In November 2012, Colorado’s voters passed Amendment 64 that legalizes the possession and use of marijuana by adults and authorizes the operation of marijuana establishments which include marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores. Ordinance No. 3-13 imposes a temporary moratorium on the establishment and operation of marijuana establishments in the Town until October 1, 2013. Amendment 64 requires the Colorado Department of Revenue to adopt regulations governing the operation of marijuana establishments no later than July 1, 2013; requires local governments to adopt regulations identifying the entity within the local government responsible for processing license applications for marijuana establishments no later than October 1, 2013; authorizes local governments to adopt licensing procedures and regulations governing certain aspects of the operation of marijuana establishments; and authorizes local governments to prohibit the operation of marijuana establishments by adoption of an ordinance or through an initiated or referred measure. Amendment 64 contemplates the establishment of a licensing system and requirements for marijuana establishments. Governor Hickenlooper has established a marijuana task force to address numerous issues arising out of the passage of Amendment 64. The task force report is due to be given to the Governor in the near future. Also, the Colorado Department of Revenue and the Colorado State Legislature are required to adopt rules and regulations and legislation addressing various provisions of Amendment 64. The purpose of Ordinance No. 3-13 is to impose a temporary moratorium on the operation of marijuana establishments as defined in Amendment 64 within the Town. The temporary moratorium will prevent the establishment and/or operation of marijuana establishments within the Town during the period of time the Governor’s task force, the Colorado Department of Revenue and the Colorado Legislature are reviewing and establishing rules and regulations for these types of businesses. The temporary moratorium is the legal basis for the Town to not issue any business licenses, land use approvals, or prevent commencement of marijuana establishments during the temporary moratorium. Budget: There are no budget implications for the passage of Ordinance No. 3-13. Staff Recommendation: Staff recommends adoption of Ordinance No. 3-13. Sample Motion: I move to approve/deny Ordinance No. 3-13. ORDINANCE NO. 3- 13 AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MARIJUANA ESTABLISMENTS PURSUANT TO AMENDMENT 64 WHEREAS, on November 6, 2012, the voters of the State of Colorado approved a ballot initiative known as Amendment 64, which amends the Colorado Constitution to authorize the operation of marijuana establishments, which are defined as marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores; and WHEREAS, the possession and/or distribution of marijuana remains a violation of federal law despite the provisions of Amendment 64; and WHEREAS, Amendment 64 requires the Colorado Department of Revenue to adopt regulations governing the operation of marijuana establishments no later than July 1, 2013; requires local governments to adopt regulations identifying the entity within the local government responsible for processing license applications for marijuana establishments no later than October 1, 2013; authorizes local governments to adopt licensing procedures and regulations governing certain aspects of the operation of marijuana establishments; and authorizes local governments to prohibit the operation of marijuana establishments by adoption of an ordinance or through an initiated or referred measure; and WHEREAS, Amendment 64 permits the operation of marijuana establishments only pursuant to licenses issued by the Colorado Department of Revenue and/or a local government and does not require the Colorado Department of Revenue or local governments to begin processing license applications until October 1, 2013; and WHEREAS, marijuana establishments may not operate lawfully until the adoption of licensing regulations; and WHEREAS, the temporary moratorium imposed by this Ordinance is intended to prevent the operation of marijuana establishments prior to the adoption of the regulatory framework contemplated by Amendment 64 and/or resolution of Amendment 64’s conflict with federal law; and WHEREAS, pursuant to Amendment 64, the Board of Trustees may by ordinance prohibit the operation of any or all marijuana establishments in the Town; the Board of Trustees may refer an ordinance prohibiting the operation of marijuana establishments in the Town to the voters at the November 4, 2014, election; or citizens of the Town may by initiative present such an ordinance to the voters at the November 4, 2014, election; and WHEREAS, adoption of this Ordinance as an emergency measure is necessary so that the ordinance will take immediate effect and preclude the operation of marijuana establishments in the Town in violation of the provisions of Amendment 64; and WHEREAS, the Board of Trustees finds it necessary for the public health, safety, and welfare to adopt this Ordinance imposing a temporary moratorium on the operation of marijuana establishments pending adoption by the Colorado Department of Revenue of licensing regulations and the issuance of licenses pursuant to Amendment 64; adoption of regulations relating to the operation and licensing of marijuana establishments by the Board of Trustees; a prohibition, whether by ordinance or an initiated or referred measure, of the operation of marijuana establishments in the Town; or legal resolution of the conflict between Amendment 64 and federal law. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. A temporary moratorium is imposed on the establishment and/or operation of all marijuana establishments as defined in Amendment 64 by this Ordinance. No person shall establish and/or operate a marijuana establishment within the corporate limits of the Town of Estes Park. The Town shall not accept or process an application for a business license, land use approval, building permit, or any other license or permit relating to the operation of a marijuana establishment. Section 2. The temporary moratorium imposed by this Ordinance shall begin upon the effective date of this Ordinance and terminate on October 1, 2013, unless otherwise earlier terminated or extended by further ordinance or resolution of the Board of Trustees. Section 3. This Ordinance shall not be interpreted to repeal or to apply to the provisions of the Town of Estes Park’s Ordinance No. 23-10 prohibiting the operation of medical marijuana centers, medical marijuana cultivation facilities, or medical marijuana infused products manufacturers within the Town. Section 4. The Board of Trustees hereby finds, determines and declares this Ordinance is necessary for the immediate preservation of the health, safety and welfare of the Town and its citizens, and therefore, this Ordinance shall take effect immediately upon its passage and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _______ day of ______________, 2013. TOWN OF ESTES PARK 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 ___________, 2013, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ____ day of ____________, 2013. _____________________________ Town Clerk FINANCE Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland – Finance Officer Date: February 12, 2013 RE: Resolution #02-13; Re-appropriation of 2012 encumbered funds into 2013 Budget Background: Certain Town departments have entered into contracts for goods and/or services that were not fulfilled by year-end December 31, 2012. When this occurs, it becomes necessary to “roll over” expenditures from one year to the next, because in governmental accounting, expenditures are not recognized until they are incurred/received. In essence, the budgeted amounts of the rollovers are lifted from the current budget year and placed into the next budget year. Fund balance is not affected – the expenditures are merely moved. It is staff’s intention to keep rollovers to a minimum, but projects are often affected by weather, and by the availability of product/contractor. Budget: Staff successfully managed General Fund expenditures, relative to revenues, in 2012. Specifically, the revised 2012 Budget reported a net income/(loss) of -$1,492,241. Through revenue and expense management, this was reduced to an end-of-year forecast (as of the date of this memorandum) of -$524,000. Staff recognizes the economic situation facing Estes Park, Colorado and the Nation, and seeks to increase fund balances where prudent. At the same time, staff endeavors to utilize funds to the long-term strategic advantage of the Town. The following chart reports the evolution of the 2012 financial picture for the General Fund.                   2012 PERFORMANCE  Original  Revised Estimated  Budget Budget Actual*  Beg Fund Bal $6,568,017 $6,568,017 $6,568,017   Revenues 11,412,199 11,055,236 10,987,106   Expenditures 11,986,644 12,547,477 11,752,451   Net (574,445) (1,492,241)  (765,345)           End Fund Bal $5,993,572 $5,075,776 $5,802,672            % 46%37%49%  *Estimated actual column includes forecasted December sales tax. Potential 2012 rollovers are also included in estimated actual expenditures. Revenues have decreased over the 2012 revisions. While sales tax forecasts increased throughout the year, the transfer from the utilities to the General Fund was cut by ~$700,000 as a portion of the Catastrophic Loss Fund was returned to the Water and Light and Power Funds. Expenditures were revised during 2012 as a result of several factors: 1. Rollovers from 2011 into 2012 were ~$91,000. 2. The STIP amount was increased ~$300,000 was unspent 2011 monies were used in 2012. 3. $50,000 was budgeted for the ice skating rink project. 4. Transfers were increased roughly ~$215,000 to reflect monies for the Police Department remodel (CRF) and to Water to account for Catastrophic Loss Funds being returned. By the end of 2012, actual expenditure data revealed significant under-spending in the Police Department (~$217,000), Streets (~$250,000), and Parks (~$140,000). Further, ~ $65,000 of budgeted items are being rolled over (if approved). Attached is the list of those encumbrances that remain outstanding at the end of 2012. There are 38 rollover items totaling $926,048. The number and amount of purchase orders Staff is asking to roll over is similar to 2011-12 (slightly higher), but is at an historic low. As a frame of reference, there were 55 rollovers for 2010-11, totaling $1,939,668. Larger areas of rollovers for 2012-13 include: 1. Community Reinvestment Fund – related P.O.s totaling $620,881. 2. Utility-related P.O.s totaling $111,023. 3. Vehicle replacement – related P.O.s totaling $80,229. These three areas account for 88% of the rollover requests. Staff Recommendation: Staff recommends approval of the proposed 2012 rollovers into the 2013 budget. Sample Motion: I move to approve Resolution #02-13, which re-appropriates the 2012 encumbered funds into the 2013 Budget. RESOLUTION NO. #02-13 A RESOLUTION RE-APPROPRIATING FUNDS ENCUMBERED IN THE TOWN OF ESTES PARK’S 2012 BUDGET TO THE 2013 BUDGET YEAR WHEREAS, the Town of Estes Park’s accounting system incorporates a purchase order system that encumbers the budget appropriation when commitments for the purchase of goods or services are made; and WHEREAS, encumbrances that were not liquidated in the fiscal year ended December 31, 2012, are reserved from the ending fund balances; and WHEREAS, the Town of Estes Park intends to appropriate funds in the budget for the fiscal year ending December 31, 2012, to satisfy the commitments for the outstanding encumbrances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: I. The following 2013 budgets are increased for appropriations for outstanding 2012 budget encumbrances. II. TOWN OF ESTES PARK - PO ROLLOVERS FROM 2012 TO 2013 2012 2013 2013 2013 ENCUMBRANCE O&M TRANSFERS REVISED FUND (PO Rollovers) EXPENSES OUT BUDGET General $65,092.10 $9,516,775.00 $3,561,789.00 $13,143,656.10 Community Reinvestment 620,881.49 5,400,000.00 0.00 6,020,881.49 Larimer Cty Open Space 31,731.59 262,561.00 0.00 294,292.59 Light & Power 20,211.99 13,051,869.00 1,316,601.00 14,388,681.99 Water 90,810.87 4,048,647.00 214,953.00 4,354,410.87 Fleet 950.00 372,255.00 0.00 373,205.00 IT 16,140.90 689,112.00 0.00 705,252.90 Vehicle Replacement 80,229.25 604,000.00 0.00 684,229.25 $926,048.19 $33,945,219.00 $5,093,343.00 $39,964,610.19   III. The ending fund balance from the fiscal year ended December 31, 2012, will be the source of funds for the budget amendments. ADOPTED this 12th day of February, 2013. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk