HomeMy WebLinkAboutPACKET Town Board 2013-10-08
The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, October 8, 2013
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
AWARD PRESENTATION: AMERICA IN BLOOM. Keri Kelly.
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Policy Governance Report.
1. CONSENT AGENDA:
1. Town Board Minutes dated September 24, 2013 and Town Board Study Session
Minutes dated September 24, 2013. Special Town Board Minutes dated
September 12 & 18, 2013.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services, September 26, 2013,
Cancelled.
4. Estes Valley Board of Adjustment Minutes dated September 10, 2013.
(acknowledgement only).
5. Estes Valley Planning Commission Minutes dated August 20, 2013.
(acknowledgement only).
6. Technical Review Committee Minutes dated September 3, 2013
(acknowledgement only).
7. Halloween Road Closure – Elkhorn Avenue from Riverside to Spruce, October 31,
2013.
Prepared 9/30/13
*Revised: 10/3/2013
**Revised: 10/4/2013
***Revised: 10/7/2013
*
**
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. ACTION ITEMS:
1. RESOLUTION #28-13 BUY LOCALLY AND USE LOCAL BUSINESSES AND
SERVICES. Town Administrator Lancaster.
2. RESOLUTION #29-13 TERMINATING THE STATE OF LOCAL EMERGENCY AND
PROVIDING AUTHORITY TO THE TOWN ADMINISTRATOR TO ENTER INTO
CERTAIN AGREEMENTS FOR CONTINUED RECOVERY FROM THE FLOOD.
Town Administrator Lancaster.
3. RESOLUTION #30-13 IN SUPPORT OF CONSTRUCTING A NEW COUNTY
OFFICE BUILDING IN LOVELAND, COLORADO. Town Administrator Lancaster.
4. REVISED PROBLEM STATEMENT: ESTES VALLEY DEVELOPMENT CODE
TEXT AMENDMENT, CONCURRENT REVIEW AND PROMULGATING
PROCESSING SCHEDULES. Director Chilcott.
3. REPORTS AND DISCUSSION ITEMS:
1. SCHOOL DISTRICT MILL LEVY OVERRIDE. Superintendent Hickey.
2. VISIT ESTES PARK FLOOD RECOVERY COMMUNICATION UPDATE.
Communications, Public Relations & Social Media Director Burnham.
3. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE.
Director Zurn.
4. LIQUOR LICENSING & VIOLATION GUIDELINES. Director Williamson.
5. ORDER OF AGENDA ITEMS. Town Board.
4. REQUEST TO ENTER EXECUTIVE SESSION:
For the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e), PERA Agreement.
Motion: I move the Town Board go into Executive Session – For the purpose of
determining positions relative to matters that may be subject to negotiations,
developing strategy for negotiations, and/or instructing negotiators, under C.R.S.
Section 24-6-402(4)(e).
5. ADDITIONAL ACTION ITEM. Director Williamson & Attorney White.
1. PERA AGREEMENT.
6. ADJOURN.
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TOWN ADMINISTRATOR
Frank Lancaster
Town Administrator
970.577.3705
flancaster@estes.org
MEMORANDUM
DATE: October 8th, 2013
TO: Board of Trustees
FROM: Frank Lancaster, Town Administrator
SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS
(QUARTERLY MONITORING REPORT POLICY 3.3 AND 3.8)
Board Policy 2.3 designates specific reporting requirements for me to provide
information to the Board. Policy 3.3, Financial Planning and Budgeting requires
quarterly reporting of compliance in April, July, October and January and Policy 3.8
Compensation and Benefits in September.
Policy 3.3 states: “With respect for strategic planning for projects, services and activities
with a fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
Policy 3.8 states: “With respect to employment, compensation, and benefits to
employees, consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity.”
Due to the workload impact of the Flood Response I was not able to submit my
September Report. This report includes items due in September and October
combined.
This report constitutes my assurance that, as reasonably interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
________________________
Frank Lancaster
Town Administrator
3.3.1. The Town Administrator shall not allow budgeting which Deviates from
statutory requirements.
REPORT: The current budget and any proposed budget revisions have all been
prepared in compliance with applicable statutory requirements. I am
therefore reporting compliance.
3.3.2. The Town Administrator shall not allow budgeting which Deviates
materially from Board-stated priorities in its allocation among competing
budgetary needs.
REPORT: The current budget and any proposed budget revisions have all been
prepared in following the Board stated priorities expressed during the
budget adoption process. I anticipate that some of the priorities of the
budget will change for the coming year due to impacts from the flood
event, and some spending has occurred in response to the flood that was
not anticipated in the adopted Board budget priorities. I am therefore
reporting compliance.
3.3.3. The Town Administrator shall not allow budgeting which contains
inadequate information to enable credible projection of revenues and
expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
REPORT: The current budget was prepared with adequate information as
requested by the Board of Trustees, however current projections are no longer
valid due to the circumstances of the flood. We are in the process of revising
both the proposed 2014 and 2013 budgets to reflect the financial impacts of the
flood, as best as we can predict at this time. I am therefore reporting compliance.
3.3.4. The Town Administrator shall not allow budgeting which plans the
expenditure in any fiscal year of more funds than are conservatively
projected to be received in that period, or which are otherwise available.
REPORT: The current budget for all town funds do not contain any plans for
expenditures in any fiscal year of more funds than are conservatively projected to
be received in that period, or which are otherwise available, however current
projections are no longer valid due to the circumstances of the flood. We are in
the process of revising both the proposed 2014 and 2013 budgets to reflect the
financial impacts of the flood, as best as we can predict at this time. I therefore
report compliance.
3.3.5. The Town Administrator shall not allow budgeting which reduces fund
balances or reserves in any fund to a level below that established by the
Board of Trustees.
REPORT All Town funds which are subject to this provision are within the Board
determined limits. I am therefore reporting compliance.
3.3.6. The Town Administrator shall not allow budgeting which Fails to
maintain a Budget Contingency Plan capable of responding to significant
shortfalls within the Town’s budget.
REPORT: The current budget includes appropriate contingency funding. I am
therefore reporting compliance.
3.3.7. The Town Administrator shall not allow budgeting which fails to
provide for an annual audit.
REPORT: The 2012 audit has been completed and presented to the board. I am
therefore reporting compliance.
3.3.8. The Town Administrator shall not allow budgeting which fails to
protect, within his or her ability to do so, the integrity of the current or
future bond ratings of the Town.
REPORT: Nothing in the current budget as adopted fails to protect the integrity of
the current or future bond ratings of the Town. I am therefore reporting
compliance.
3.3.9. The Town Administrator shall not allow budgeting which results in new
positions to staffing levels without specific approval of the Board of Town
Trustees. The Town Administrator may approve positions funded by
grants, which would not impose additional costs to the Town in addition
to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
REPORT: No new positions or additions to the staffing document have been
added without specific approval of the Board of Trustees other than temporary
positions or those grant positions that are 100% grant funded, as allowed by
adopted policy. I am therefore reporting compliance.
3.8.1. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not change his or her own
compensation and benefits.
REPORT: I have not changed my own compensation or benefits. I am therefore
reporting compliance.
3.8.2. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not promise or imply permanent or
guaranteed employment.
REPORT: I have not promised or implied permanent or guaranteed employment. I am
therefore reporting compliance.
3.8.3. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not establish current compensation
and benefits which deviate materially for the regional or professional market
for the skills employed:
REPORT: We have recently completed a full compensation and classification study to
insure that our current compensation and benefits do not deviate materially for the
regional or professional market for the skills employed. There are some adjustments
required, so I cannot report compliance at this time, however the Board has approved
the changes needed to be in compliance, I cannot report compliance at this time,
however I will be in compliance once the approved recommendations are implemented.
3.8.4. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not establish deferred or long-term
compensation and benefits.
REPORT: I have not established deferred or long-term compensation and benefits.
I am therefore reporting compliance.
Town of Estes Park, Larimer County, Colorado, September 24, 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 24th day of September, 2013.
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
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.
PUBLIC COMMENTS.
Charley Dickey/Town citizen stated he will bring forward survey results on the bike race
to the next Town Board meeting.
Mike Floris/Small Business Administration PIO commented on the disaster recovery
assistance available through the SBA. He informed the citizens they need to register
with both FEMA and SBA for assistance related to damage to their homes, rental units
& property, and businesses.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Norris informed the Board that Visit Estes Park has begun to revise their 2014
budget as a result of the impact of the flood; the district has begun working on a revised
message and advertising the recovery progress, recommended ribbon cuttings for
businesses and restaurants as they reopen; and discussed a ribbon cutting for the
reopening of Highway 36.
Trustee Koenig stated the Rooftop Rodeo has been nominated for midsize rodeo of the
year.
Trustee Ericson commented the Community Development/Community Services
Committee on September 26, 2013 has been cancelled.
The Board thanked Town Administrator Lancaster, the management team and the
employees for their professionalism and cooperation amongst the other entities during
the recent flood emergency. The Board also recognized the efforts of staff to work with
the other local entities to solve emergencies during the event.
TOWN ADMINISTRATOR REPORT.
The Policy governance report will be delayed until the next Board meeting.
The Town received the America in Bloom “Best in Country” for the Town’s
population. The Town received a number of other awards.
1. CONSENT AGENDA:
1. Town Board Minutes dated September 10, 2013 and Town Board Study
Session Minutes dated September 10, 2013.
Board of Trustees – September 24, 2013 – Page 2
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities, Public Works Committee – September meeting
cancelled.
4. 2013 - 2015 Seasonal Display Installation, Maintenance and Removal
Contract, Reed Logging and Tree Service - $39,000/2013 with contract
continuation for 2014 and 2015 per budget appropriations and work
performance.
5. Postponing Liquor Show Cause Hearings set by Resolutions #23-13, #24-13,
#25-13 & #26-13 for Hunters Chop House, Big Horn Restaurant, Cables Pub
& Grill and Nicky’s Restaurant & Lounge until November 26, 2013.
It was moved and seconded (Norris/Koenig) to approve the Consent Agenda, and it
passed unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP – APPENZELL CORP., DBA THE APPENZELL
INN, TO APPENZELL INN HOTEL & SUITES, INC., DBA APPENZELL INN,
1100 BIG THOMPSON AVENUE, TAVERN LIQUOR LICENSE. Town Clerk
Williamson presented the application to transfer the current tavern license as
the business has been sold to the new owners Appenzell Inn Hotel & Suites.
All required paperwork and fees were submitted and a temporary was issued
on July 18, 2013. Tom Hochstetler/Applicant stated he takes underage drinking
very seriously. He has taken note of the recent issues with liquor compliance
checks. It was moved and seconded (Koenig/Blackhurst) to approve the
transfer from Appenzell Corp., dba The Appenzell Inn, to Appenzell Inn
Hotel & Suites, Inc., dba Appenzell Inn, 1100 Big Thompson Avenue,
Tavern Liquor License, and it passed unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland stated sales
tax collected through July is 4.7% ahead of 2012 for the same period of time.
The overall sales tax collection is 8% ahead of the budgeted projects for 2013.
Utility revenues are on target to meet budget projects and expenditures are well
within budget parameters. The Town as well as other Colorado communities
have had a great sales tax collection year; however, the flood may have a
negative effect on the remaining months. Staff has projected the revised
revenues of $7 million from the original budget of $7.8 million. 2013 budgets
would be revised to identify unnecessary expenditures. Budget meetings
scheduled in October would be rescheduled to allow staff the time needed to
prepare a revised budget for 2014. Staff assumes the Board would most likely
revise the 2014 budget as the year progresses and recommended quarterly
reviews.
4. ACTIONS ITEMS:
1. APPROVAL OF TRANSPORTATION ADVISORY COMMITTEE BYLAWS.
Director Zurn presented bylaws approved by the Transportation Advisory
Committee at their July 17, 2013 meeting. It was moved and seconded
(Ericson/Norris) to approve the bylaws for the Transportation Advisory
Committee, and it passed unanimously.
Board of Trustees – September 24, 2013 – Page 3
2. INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID WITH THE CITY
OF FORT COLLINS. Town Administrator Lancaster presented an
Intergovernmental Agreement between the Town of Estes Park and the City of
Fort Collins to provide support to the Town after the recent flood. The
agreement would make equipment, materials and staff available to the Town.
A management intern would be provided for a month to work in Administration
on projects. The agreement was signed by Town Administrator Lancaster. It
was moved and seconded (Norris/Blackhurst) to approve the ratification of
the Intergovernmental Agreement with the City of Fort Collins, and it
passed unanimously.
Town Administrator Lancaster stated an Intergovernmental Agreement with
Larimer County would be drafted to address the work needed to rebuild Fish
Creek Road. Reimbursement to the Town by FEMA would only occur for items
within the Town’s jurisdiction, therefore, staff continues to work toward full
reimbursement of costs expended by the Town.
Whereupon Mayor Pinkham adjourned the meeting at 7:55 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, September 24, 2013
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of
the Town of Estes Park, Larimer County, Colorado. Meeting held in the
Town Hall in said Town of Estes Park on the 24th day of September, 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, Town Attorney White, and
Deputy Town Clerk Deats
Absent: None
Mayor Pinkham called the meeting to order at 5:00 p.m.
TRUSTEE COMMENTS.
Trustee Phipps asked if the Economic Development Corporation would be approaching
the Town Board to make a formal request for $60,000 in funding. Town Administrator
Lancaster said they would be coming forward at an upcoming budget session to make
the request and said that funding would not be handled as a Community Service Grant,
but rather as support to other entities. Trustee Phipps also questioned when a code
amendment to disallow applications moving forward to the Board of Adjustments (BOA)
prior to the submission of an application for special review and a development plan will
be coming forward to the Board. Town Administrator Lancaster said that the code
amendment has been put on hold due to flood response and recovery efforts. Director
Chilcott said that there are no applications to the Board of Adjustments for either
October or November and that a problem statement will be brought forward to the Board
at an October Board meeting. Mayor Pro Tem Blackhurst asked if the Board needed to
take action to hold in abeyance anything going to the Board of Adjustments until the
code amendment can be discussed. Attorney White stated that no action was required
and that the Pending Ordinance Doctrine allows the Town to administratively defer
review of an application by the BOA because a policy is pending.
Trustee Elrod said that based on Colorado state statute, Colorado Supreme Court
decisions, and the definition of a meeting, the daily informational meetings being held in
regard to flood response and recovery efforts do not violate the Colorado Open Meeting
Law and that discussing matters of public importance does not trigger open meeting law
requirements. Attorney White concurred and said that the statute refers to taking action
and said that any number of trustees can be in attendance at informational meetings.
Trustee Elrod suggested that the Municipal Code be reviewed to ensure that it reflects
current practices related to procedures for calling special or emergency meetings.
Trustee Koenig asked about outside vendors who are scheduled to come into town for
Elk Fest. Town Administrator Lancaster said that contracts for Elk Fest vendors were in
place months prior to the flood and that approximately 60% of the vendors are expected
to show up for the event. He said that one reason for going ahead with the event is that
it has been held for many years and is a turnkey event that does not require a lot of staff
involvement to put on. He said he is not concerned about sanitation issues as the
downtown area, as well as many lodging facilities are not located within the no flush
zone. Trustee Koenig also expressed concern about traffic on Fish Creek Road and
surrounding areas that are unsafe. Chief Kufeld said that the Police Department does
not have the manpower to station personnel at crossings over to Fish Creek Road, but
said that extra patrols in the area will be scheduled during Elk Fest weekend.
Town Board Study Session – September 24, 2013 – Page 2
FUTURE STUDY SESSION AGENDA ITEMS.
Trustee Norris said he would like to add a Flood Recovery Update to each study
session agenda until it is deemed no longer necessary. He asked if the Board would be
re-examining budget priorities that were set prior to the flood and also questioned the
Board’s level of involvement in reviewing and redrawing the floodplain. Town
Administrator Lancaster said that shifts and changes to the budget will be required and
said discussion on that topic will begin later in the meeting. He noted that the
floodplains are defined by the federal government with no opportunity for the Board to
provide input on the topic. The Parking Structure Design Review will likely be
postponed from October 8th to a later date, and input from liquor licensees will be
solicited at the October 8th Town Board meeting prior to a liquor licensing discussion at
the October 22nd Study Session.
FLOOD RECOVERY DISCUSSION.
Response
Town Administrator Lancaster reported that overall response to the flood, which is being
described as the worst disaster in Colorado history as it relates to loss of property and
damage, went well. An incident command model was set up early with Town personnel
assigned to key sections of flood response. Assignments are as follows: Incident
Command – Commander Rose; Utilities – Director Bergsten; Public Works – Director
Zurn; Emergency Services – Commander Pass; Logistics – Director Winslow; Finance
and Administration – Finance Officer McFarland; Human Resources and Risk
Management – Director Williamson; and Building Services – Director Chilcott. Also,
Public Information - PIO Rusch; Liaison to other agencies – Commander Pass; Legal –
Attorney White; Safety Officer – Officer Hart; and Policy Makers – Town Board, Town
Administrator Lancaster, and Chief Kufeld. Staff was asked to stay within their assigned
key area to avoid duplication of efforts or something falling through the cracks. Town
Administrator Lancaster reported on flood response by key section.
Utilities – Both L&P and water personnel were on duty from the very beginning of the
event. The heaviest impact to power is Glen Haven and crews are still working in that
area. Other areas held up well with small outages experienced. A short term boil order
for water was put into effect due to some water line and sewer line breaks, but it was
lifted quickly and the safety of the water was never threatened. There are
approximately 50 homes in the evacuation area along Fish Creek that remain without
water. The Upper Thompson Sanitation District’s (UTSD) sanitation area is the number
one utility issue for the incident with over 2500 taps currently disconnected from the
system.
Public Works – Fish Creek is a major issue. A team of affected parties is being put
together and includes Larimer County, UTSD, Xcel Energy, Utilities, and engineers. A
crossing was established over Fish Creek to provide access to the Uplands and Little
Valley and allow residents of those areas to get in and out within a week. The Board
expressed concern about the ability of emergency vehicles such as ambulances and fire
equipment to access these areas. The crossings were built to accommodate passenger
cars and light trucks and heavy traffic on the crossings is not recommended. Town
Administrator Lancaster stated that the access was designed to accommodate an
ambulance, however, the turning radius at the Little Valley crossing may not
accommodate larger fire equipment. Availability of materials is an issue and staff is
working with the Bureau of Reclamation (BOR) to get permission to extract materials
from Lake Estes near the power plant. Materials would have to be determined to be
free of contamination and safe to reuse. Also materials and equipment to construct and
set a temporary corrugated sheet metal retaining wall are needed to provide a vertical
element to maintain rights of way and accommodate fill to get utilities repaired. Fish
Creek Road is the responsibility of Larimer County and the Town. At this point the
Town has asked the County to allow the Town to take the lead on repairs to Fish Creek
Road since repairs to the UTSD sanitary sewer are dependent upon getting the road
repaired. Intergovernmental agreements and financial arrangements for reimbursement
for repairs are being worked out. Debris management is also an issue. The transfer
Town Board Study Session – September 24, 2013 – Page 3
station is open, however getting debris out of the valley is a problem. The waste is
being taken to a disposal site in Denver which involves an 11-hour round trip for each
trailer taken out of the valley. Waste Management is looking at options which might
include a staging area where debris can be stored until main roads into the area are
repaired and reopened. Construction of a staging area would require a Certificate of
Designation from the State Health department. Also being considered is sorting the
debris with inert materials deposited into an inert fill at some location and wood being
burned in the Town’s air curtain burner. A debris management plan is needed. The
debris that is in Lake Estes will be the responsibility of the BOR to address.
Emergency Services – No serious injuries or deaths occurred in Town. Problems were
encountered with the 911 service early on in the event, but were fixed as soon as
possible with assistance from LETA.
Finance – A representative from FEMA has been assigned to work with staff to ensure
that federal procedures are followed and expenses incurred within the Town’s
jurisdiction can be reimbursed. Generally, FEMA reimburses expenses at 75% with a
25% match. The State of Colorado has historically provided an additional 12.5% of
expenses, leaving the Town to fund 12.5%. In kind services, equipment, and overtime
can be used to reach the Town’s match percentage and requires accurate accounting
and categorizing of expenses. The Town is working with other entities such as the
Estes Valley Recreation and Park District and the Library to share information,
coordinate responses and damage assessments. Damage costs in the Estes Valley for
public amenities, facilities, and infrastructure are estimated at $35-$40 million. This
does not include any damage to private property. In the rest of Larimer County damage
to public roads, bridges, culverts, and large structures is estimated at $55 million.
Logistics – Equipment and supply needs are being directed to Dir. Winslow from all
other key sections to avoid duplication of efforts.
Human Resources and Risk Management – Counseling on how to handle stress,
secondary impacts of stress, and looking after the Town’s employees is being
addressed, as well as the housing needs of employees who have been displaced by the
flood or previously commuted to work from outside of the Estes Valley. The YMCA and
other establishments may partner with the Town to provide medium-term housing while
access to Estes Park is limited. Revised work schedules, carpooling, and mileage
subsidies are being considered as well. The Town’s insurance carrier, CIRSA, has
done an evaluation and claim paper work has been started. FEMA will not cover any
expenses that are covered by insurance. Payroll is busy with coding and tracking time
to meet FEMA requirements for reimbursement.
Building Safety – Building inspectors have completed the rapid assessment in Town.
There are 12 properties red-carded in the valley; six in Town limits. The property
damage in Glen Haven and the Big Thompson canyon is much worse. Building Safety
staff is also coordinating mapping and GIS needs for all response sections. The Board
asked that staff provide information to the public about flood-damaged electric and gas
appliances describing when they can be repaired and when they must be replaced.
CBO Birchfield will have information available and will address this topic at the public
meeting scheduled for Wednesday, September 25, 2013.
Public Information – Coordinating the information line, the call center, public meetings
and briefings, assisting other agencies in dispersing information, and utilizing social
media throughout the incident. Handling press contact throughout the event for local,
regional and international new agencies including the NPR, BBC, CNN, and AP.
With the exception of the sanitary sewer situation, all other aspects of the incident are
transitioning to recovery mode. Restoring sanitary sewer service is the number one
priority. UTSD is looking at options for repairing the sewer line including running pipes
above ground as a temporary solution.
Town Administrator Lancaster noted that he has had conversations with the offices of
Senator Udall, Senator Bennett, and Congressman Polis related to the major issues
facing the Town. He said that a debriefing will be scheduled in the next several weeks
to discuss the emergency response to the flood and noted that a number of staff
Town Board Study Session – September 24, 2013 – Page 4
members have attended the FEMA training offered in Emmitsburg, Maryland, which has
been invaluable during recent events. Mayor Pro Tem Blackhurst suggested members
of the leadership team who have not attended the FEMA training, should do so.
The Board and Town Administrator Lancaster thanked staff, volunteers, and the entire
community for helping each other during the flood.
Recovery
Town Administrator Lancaster stated that for the purposes of preliminary discussions for
initial planning related to recovery, staff made the assumption that the major roads in
and out of Estes Park remained closed through next summer and things do not get back
to normal until 2015…planning for the worst and hoping for the best. (CDOT has set an
ambitious goal to have both Highway 34 and Highway 36 open in some manner by the
end of 2013, with some type of access possible on Highway 36 by the end of October,
and Highway 34 by the end of December.)
1. Finance Officer McFarland has put together new revenue projections based on a
worst case scenario. Look at the budget on a quarterly basis and be flexible with
the budget. See how things are going and if things are improving make
adjustments; if things are not improving, stay the course. Mayor Pro Tem
Blackhurst voiced concern about the Town’s obligation for flood-related expenses
which could total approximately $5 million. Town Administrator Lancaster said
that getting creative with in kind and sweat equity will help and is a legitimate way
to help make up some of the Town’s match.
2. Continue and complete the MPEC. The Town has the funding for this project
and use of the MPEC may help with economic recovery.
3. Finalize the design, but hold off on the construction, of the parking structure.
With widespread flood damage in Colorado, it is likely that concrete and pre-
stressed concrete demand and costs will increase. Adjust the contract to delete
the construction management portion. Reconsider construction of the parking
structure when things get back to normal, roads are repaired, and concrete
prices come down.
4. Proceed as if the FLAP grant project is still on track. The federal money is
secure and the state money which has been approved is believed to be fairly
secure as well.
5. Postpone vehicle and equipment replacement unless critical to recovery.
6. No new positions, unless critical for recovery. Recommend proceeding with
hiring for a dispatcher position and a planning position. Positions currently open
such as the Facility Manager position and Assistant Town Administrator Position
will be put on hold.
7. Recommend continuing with the classification and compensation adjustments
8. Discuss with CDOT the elimination or postponement of the left turn lane on
Highway 36 related to the MPEC construction.
9. Reconsider funding for the Economic Development Corporation.
10. Reconsider funding for Community Service Grants; determine if the Town can
afford to continue with these grants.
11. Minimize seasonal hires.
12. Discuss with the Board whether to proceed or postpone the sales tax question.
13. Examine and discuss alternative recovery funding, specifically a targeted URA or
a DDA for TIF funding possibly in the Fall River area where a lot of commercial
property damage occurred.
14. Reduce contributions to internal sinking funds such as telephone and vehicle
replacement fund. These funds are strong and could be used for operations.
15. Postpone further development in Bond Park.
16. Suspend most travel and training expenditures.
17. Possibly look for short term alternative funding opportunities such as grants or
public assistance for non-mandated services for areas like the museum and
senior center.
18. Use reserves to get through bad period.
Town Board Study Session – September 24, 2013 – Page 5
Town Administrator Lancaster said at this point it is unknown how much money will be
recovered through CIRSA. Director Williamson said that inventory of the flood damage
is continuing and noted that CIRSA coverage is for specific items such as damage to
pedestrian bridges, Town-owned buildings, cleaning of flooded restrooms or inventory,
light and power above-ground utilities, providing temporary power, and landscape and
irrigation tied to Town-owned structures. She added that CIRSA will cover the cost of
outside contractors hired to complete repairs which will allow Town staff to concentrate
on other tasks. Town Administrator Lancaster said his biggest concern is not the cost of
recovery and repairs because much of that will be covered by insurance and with the
help of FEMA. The ongoing concern is the loss of revenue and how to keep basic
services and normal operations going with the drop in sales tax. He said high priorities
include maintaining basic services and keeping Town staff on board. He said events
will be reviewed but that we don’t want to shut down events that bring people to Town
and send a message that the Town is closed. Events in which the Town participates
financially will also have to be reviewed for return on investment both for the Town and
the community as a whole. Trustee Koenig expressed concern for organizations that
rely on Community Service Grants to provide basic services such as day dare and
provide for the ongoing needs of the community. She proposed setting a timeline for
applications and before the end of the year applying what we can to these organizations
so they can plan for their year. Town Administrator Lancaster said he is concerned with
the domino effect of eliminating or decreasing funding of the grants, but that the Town
has to do what it can afford. He said there will be a new normal, possibly for a year. He
said that the recovery suggestions and recommendations presented are preliminary and
that staff and the Board need to sit down and discuss a new strategy and redo the
budget. Mayor Pro Tem Blackhurst asked if the budget discussions would begin on the
first Friday of October. Town Administrator Lancaster said that was unlikely as he and
Finance Officer McFarland need time to meet to discuss the budget after which a
meeting with the Board will be scheduled.
Commander Rose thanked the Board and staff for team work and support and Trustee
Elrod and the entire Board in turn thanked staff for their efforts.
There being no further business, Mayor Pinkham adjourned the meeting at 6:28 p.m.
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, September 12, 2013
Minutes of an Emergency 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 12th day of September, 2013.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Ron Norris, Trustee
Mayor Pinkham called the emergency meeting to order at 12:00 pm.
OTHER DISTRICT COMMENTS.
Chris Bieker/Upper Thompson Sanitation District stated the lift station was not able to
keep up with the flow of water at the plant, and therefore, the system was turned off.
Fish Creek road sustained significant damage with multiple breaks in the sewer line.
The district has notified the State, Health Department and water users downstream.
Jim Duell/Estes Park Sanitation District commented treatment continues, however, one
third of the water continues to be bypassed. The district stated concern with the
availability of fuel to keep the pumps running in order to continue treatment. 95% of the
current flow is storm water.
TOWN DEPARTMENTS.
Jeff Boles/Water Superintendent stated the system has experienced a break along Fish
Creek with the rest of the system intact. There are a number of customers affected by
the break including customers in the Uplands, east of Fish Creek and some along the
west side of Fish Creek.
Joe Lockhart/Light & Power Superintendent stated a number of power outages have
been addressed, power shut off down Highway 34 and Allenspark, and crews have
dumped rock by power poles to prevent the undermining of the power lines.
Scott Zurn/Public Works Director commented Fish Creek Road most likely would be a
total lose due to a number of undersized culverts in the areas of Brook and Scott
Avenue. The Carriage Hills dams have breached but have not failed, and there are
three other dams of concern. Black Canyon creek continues to rise and may breach its
banks. Staff has begun reviewing the materials needed to begin temporary repairs.
Eric Rose/Police Commander informed the Board and public that evacuations have
been ordered for Highway 34 due to road failure. All telephone lines in Estes Park are
down as well as cell service. Additional road damage has been sustained on Highways
36 and 7. Rescues have occurred along Fish Creek, Little Valley, Brook Court and
Highway 34. There are approximately 400 anticipated at the evacuation center.
Current flows have not been seen since the 1970s.
Board of Trustees – September 12, 2013 – Page 2
1. ACTION ITEMS:
1. DECLARE AN EMERGENCY FOR THE TOWN OF ESTES PARK. Town
Administrator Lancaster presented the Board with a disaster/emergency
declaration due to the serious damage to roads, trails, homes, businesses and
public utilities caused by severe flooding. The declaration will be sent to DOLA,
Larimer County and the State to make resources available to the Town to
address the damages. The governor has reviewed an emergency declaration
and made an official designation. This declaration will be forwarded to FEMA
and the President for review and a determination of funding for the disaster.
It was moved and seconded (Blackhurst/Koenig) to approve the
disaster/emergency declaration due to the major flooding event on
September 12, 2013, and it passed unanimously.
It was moved and seconded (Blackhurst/Koenig) to suspend the
procurement policy to allow the Town Administrator to expend funds
necessary to address the emergency, drawing down the fund balance and
access the Tabor reserves if it becomes necessary, and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the meeting at 12:50 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, September 18, 2013
Minutes of an Emergency 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 18th day of September, 2013.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: Ron Norris, Trustee
Mayor Pinkham called the emergency meeting to order at 5:00 p.m.
1. ACTION ITEM:
1. EXTENDING THE DECLARATION OF AN EMERGENCY FOR THE TOWN
OF ESTES PARK. Town Administrator Lancaster presented Resolution #27-
13 that continues the original declaration approved on September 12, 2013
because conditions continue to exist which include the Town’s ability to
undertake emergency measures to protect the life, health, safety and property
of the citizens of the Town. The Resolution shall be in effect until such time as
the Town Administrator determines the conditions justifying this local
emergency no longer exist or further action of the Board. It was moved and
seconded (Blackhurst/Koenig) to approve Resolution #27-13, and it passed
unanimously.
Whereupon Mayor Pinkham adjourned the meeting at 5:10 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2013
Board Room, Estes Park Town Hall
Commission: Chair Betty Hull, Vice-Chair Kathy Bowers, Commissioners Doug Klink, Joe Wise,
Nancy Hills, Steve Murphree, Charley Dickey
Attending: Chair Hull, Commissioners Bowers, Klink, Wise, Murphree, Dickey, and Hills
Also Attending: Director Chilcott, Planner Kleisler, Town Attorney White, Town Board Liaison
Elrod, and Recording Secretary Thompson
Absent: None
The following minutes reflect the order of the agenda and not necessarily the chronological sequence.
Chair Hull called the meeting to order at 1:30 p.m. There were approximately 34 people in
attendance. Chair Hull explained the purpose of the Estes Valley Planning Commission and stated
public comment is invaluable. Each Commissioner introduced him/herself. It was noted that this was
Commissioner Wise’s last meeting. He was recognized for his service to the community.
1. PUBLIC COMMENT
None
2. CONSENT AGENDA
A. Approval of minutes, July 16, 2013 Planning Commission meeting.
B. Tract 2, Hillery Parrack Exemption, 1753 Wildfire Road (Westover Construction), Request by
applicant to continue to September meeting.
C. Preliminary Subdivision Plat & Development Plan 2013-03, Mountain River Townhomes,
Request by applicant to continue to September meeting.
It was moved and seconded (Bowers/Murphree) to approve the consent agenda and the motion
passed unanimously (6-1) with Commissioner Dickey abstaining.
3. STANLEY HEIGHTS AMENDED PLAT, LOTS 2 & 3, STANLEY HEIGHTS SUBDIVISION, 851 WEST
LANE
Planner Kleisler reviewed the staff report. The applicant requests to combine two lots into a single
lot. The single-family dwelling on Lot 3 has been demolished, with a new house planned for the
same general location. Parts of the property would require a wildfire mitigation plan, which would
be addressed at the building permit stage. Because this plat does not create any new lots, many
standards in the Estes Valley Development Code (EVDC), such as adequate public facility
standards, do not apply. The current land use is single-family residential, zoned RE–Rural Estate
(2.5 acre minimum lot size). Adjacent land uses are also single-family residential. Planner Kleisler
stated the application was routed to affected agencies and adjacent property owners, and
comments were received from the Water Department and the Utility Department.
Staff Findings
1. Legal notice was published in the Estes Park Trail-Gazette.
2. This plat complies with lot dimension and configuration requirements in EVDC Section 10.4
Lots. The lot also has a legal right of access.
a. This proposal complies with applicable section of the Estes Valley Development Code,
including Section 3.9E “Standards for Review”.
b. Approval will not be materially detrimental to the public welfare, injurious to other
property in the neighborhood, or in conflict with the purposes and objectives of this Code.
Planner Kleisler stated Planning Commission was the recommending body, and the final decision
would be made by the Larimer County Board of County Commissioners. Staff recommended
approval of the amended plat with conditions listed below.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2013
Board Room, Estes Park Town Hall
Conditions
1. Reformat plat for recording (remove improvements).
2. Review and approval of Larimer County Engineering (survey review). Requires letter of
approval from Larimer County Engineering prior to mylar being sent for recording.
3. Compliance with memo from the Town of Estes Park Water Department dated July 3, 2013.
4. Compliance with Comment #1 in email from Town Attorney White dated August 19, 2013.
Public Comment
David Bangs/applicant representative stated the applicant has requested the amended plat to
accommodate a more suitable building site for a new home. He has been working with the Estes
Park Sanitation District for installation of a new sewer main. There will be sewer easement
granted along the western property lines, and also along the common lot line between Lots 1 and
2. The existing utilities are along West Lane and fall within the right-of-way. No other utility
providers expressed an interest to run along the interior property lines.
It was moved and seconded (Bowers /Hills) to recommend approval to the Larimer County
Board of County Commissioners of the Stanley Heights Amended Plat of Lots 2 & 3, with the
findings and conditions recommended by staff, and the motion passed unanimously.
4. ESTES VALLEY COMPLREHENSIVE PLAN MODERNIZATION
Planner Kleisler presented the most recent draft update of the Comprehensive Plan. This update
consisted of clarifying the abstract codes that were discussed last month. In an attempt by staff to
provide a uniform explanation of land use classifications, it was noticed the classification of
“Other” was quite large in some neighborhoods. For example, in the Spur 66 neighborhood,
“Other” presented over 1/3 of the total acreage for that neighborhood. After researching the
details for the Spur 66 area, “Other” was divided into more specific uses. YMCA of the Rockies is
comprised of almost 800 areas, and church land was approximately 64 acres. To conclude, staff
will review each neighborhood area to break out the categories when necessary to provide a very
clear picture of land uses in the individual neighborhoods.
Planner Kleisler also provided a brief update on the Mobility and Circulation Plan. Staff has been
working with the Public Works Department on this plan to determine what updates need to be
made. The broader categories of road networks, transit, trails, etc. are being reviewed to
determine what should be included in the updated Comprehensive Plan in order to provide the
best information possible to the largest audience.
Planner Kleisler stated the other area being updated were the Economic Indicators. The approach
taken by staff was driven by the type of people potentially using the Comprehensive Plan, and
why they would need the information it offered. He stated this chapter took a significant amount
of staff time to complete. Raw data from the 2010 Census was used, as well as some information
from the 2000 Census. Census analysis for the Estes Valley versus Estes Park is challenging. Staff
would appreciate feedback from the Commission to determine what information should remain
and what should be removed.
In explaining the population data, staff talked with a University department specializing in
population analysis, to arrive at future population numbers. Planner Kleisler stated there were
significant increases in home values from $500,000 to $1 million from 2000 to 2010. There was
discussion as to how the numbers were determined and how the analysis could be improved.
Comments from the Commission included: it would be interesting to see the same data, only with
an adjustment for inflation; it would be helpful to provide the number of housing units in addition
to the percentages, as there is value in knowing what the housing inventory looks like.
Percentages can sometimes be misleading.
5. REPORTS
A. Pre-Application Conferences
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2013
Board Room, Estes Park Town Hall
1. Estes Park Medical Center North Parking Lot Expansion – Director Chilcott reported the
hospital is wanting to expand their north parking lot. They currently own three homes on
Stanley Circle Drive. Applications for a Special Review (Location and Extent Review),
Amended Plat, and Rezoning would be reviewed by the Planning Commission and Town
Board in the next few months. There is a separate application to amend a lease agreement
to allow parking in the public right-of-way. Director Chilcott explained part of the existing
parking lot is already in the right-of-way, and the amended lease agreement would allow
additional parking in the right-of-way.
2. The Sanctuary on Fall River Townhomes – Planner Kleisler reported this proposed
development would be across the road from Streamside Condominiums on Fall River
Road. The proposal is for four single-family units to be used as accommodations-type
rentals.
3. Al Fresco Place Addition Amended Plat – Planner Kleisler reported this application was a
proposal to move a property line between two lots. The formal submittal date is
undetermined.
4. Stanley Village Resubdivision – Planner Kleisler reported Bank of Colorado proposes to
subdivide their lot in Stanley Village. The bank owns the grassy slope between the bank
and the greenhouse. Several issues need to be addressed, including impervious coverage.
The formal application submittal date is undetermined.
5. Streamside Minor Subdivision – Planner Kleisler reported the property owners are looking
to subdivide the property, and are investigating the potential uses of the undeveloped
parcel.
6. Mountain Gate Condominiums – Planner Kleisler reported this development on Big Horn
Drive near Virginia Drive. There is one remaining parcel that was never officially legally
subdivided from the rest of the condominium development. The owners are hoping to sell
the land to someone who may want to build a couple of units. The parcel is directly north
of Silver Moon Inn and south of Mountain Gate Condos, and would be accessed from
Spruce Drive or Big Horn Drive.
B. Staff-Level Reviews
1. Craftsman’s Corner Development Plan – no update
C. Board of Adjustment Reviews
1. Discher Residence Variance – Planner Kleisler reported this variance request was to
enclose a porch and build an addition to the deck at the home addressed 978 Sutton Lane.
The variance was approved August 6, 2013.
2. Lambert Residence Variance – Planner Kleisler reported this variance request would be
heard on September 10, 2013. The request is to construct a deck partially within the side
setback of the home at 217 Big Horn Drive.
D. Town Board Reviews
1. Lake Pines Amended Plat – Planner Kleisler reported the Planning Commission
recommended approval to the Town Board, and the Town Board would be hearing this
proposal on August 27, 2013.
2. The Meadow Supplemental Condominium Map #2 – Planner Kleisler reported another
duplex is complete at The Meadow, this one being 311 and 315 Kiowa Drive. The Town
Board would be reviewing the Supplemental Condominium Map on August 27, 2013.
E. County Commission Reviews
1. Director Chilcott reported there were no applications for review by the County
Commissioners, but she and Planner Kleisler attended their work session and provided an
update on the modernization to the Comprehensive Plan. They specifically looked at the
economic section. She informed the Commissioners of the new Town representative on
the Planning Commission, Charley Dickey. Director Chilcott updated the Commissioners
about some preliminary EVDC amendments being discussed; one dealing with micro-
distilleries. She and Planner Kleisler met with Seth Larson from the City of Fort Collins. He
conducted research and drafted the code on micro-breweries and distilleries that was
adopted by the City of Fort Collins. His research and knowledge will help our staff draft an
appropriate code amendment for the Estes Valley.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2013
Board Room, Estes Park Town Hall
2. Rita Kurelja, Director of the Estes Park Housing Authority will be addressing the Town
Board at their August 27th Study Session. Director Chilcott would be updating the County
Commissioners on attainable housing.
F. Estes Park Visitor Center Parking Structure and Transit Facility – Director Chilcott reported
September 4-6 the Public Works Department will be hosting design charrettes for the public
to attend and comment. Information gathered at these meetings will assist Town Board in
making a decision on the design of the proposed parking structure. Commissioner Dickey
encouraged the public and the Planning Commissioners to attend and participate in these
meetings.
There being no further business, Chair Hull adjourned the meeting at 2:07 p.m.
___________________________________
Betty Hull, Chair
___________________________________
Karen Thompson, Recording Secretary
To: Honorable Mayor Pinkham
Town Board of Trustees
Town Administrator Lancaster
From: Bo Winslow, Community Services Director
Date: October 8, 2013
RE: Halloween Road Closure
Background:
In the last 2 years staff has blocked off areas identified on the attached map to assist
with the safety of the Halloween Celebration in the downtown area.
Attached is a map of the proposed closure on Elkhorn Avenue. This closure would start
at 4 pm on Thursday, October 31 and end approximately 9 pm the same day.
Budget:
Staff time to set up panels to block road off would be the only expense to this closure.
This takes Streets, PD, and Events staff approximately 2 hrs to set up and tear down
with 6 people.
Staff Recommendation:
Staff recommends approval of road closure for the Downtown Halloween Event.
Recommended Motion:
I recommend approval/denial of road closure along Elkhorn Avenue on October
31, 2013 for the Downtown Halloween Event.
Community Services Memo
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Halloween Event Traffic DiversionOption 3 - Eastbound Pedestrian Walkway
Explaination of Option 3:Spruce Dr. to Riverside Dr.is closed to traffic. Also, asingle lane of traffic is closedfrom riverside to the 34/36intersection for pedestrianonly traffic.
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Traffic Officers: 6Roaming Security Officers: 3Total Officers: 9
Estes Park School District R-3 October 08, 2013Town of Estes Park
High-Quality Public EducationThe Board and Community Have SpokenMaintain (at a minimum):Small Class SizesRobust Curricular OfferingsCompetitive Teacher SalariesExcellent Up-to-Date MaterialsExtracurricular ActivitiesGifted and Talented ProgrammingReading
Enrollment Trends1997-1998 1,353 1998-1999 1,344 1999-2000 1,366 2000-2001 1,354 2001-2002 1,393 2002-2003 1,411 2003-2004 1,361 2004-2005 1,260 2005-2006 1,265 2006-2007 1,272 2007-2008 1,206 2008-2009 1,186 2009-2010 1,210 2010-2011 1,159 2011-2012 1,175 2012-2013 1,139 2013-2014 1,145 2014-2015 1,078 2015-2016 1,048 2016-2017 1,018 2017-2018 988 R² = 0.93789501,0001,0501,1001,1501,2001,2501,3001,3501,4001,450October Membership CountFunded Pupil Count
During the period between 1970 and 1976, Colorado was just below the national mean for education spending in K-12 education. The following ten year period recorded spending at levels higher than the average with a peak in 1982.232 (1,543)(2,000)(1,500)(1,000)(500)0500Colorado vs US Average Expenditures (National Center for Education Statistics‐Last Year with Reported Data is 2010
How do neighbor states fund K-12?National Average for 2010 was $10,591National Center for Education Statistics (NCES2012-307)
Public School Finance Dilemma:Colorado Department of Education Data – FY2012Aspen/Summit: 89.65% Local Boulder: 68.27% LocalThompson: 33.74% Local Vilas: 9.72% LocalSt. Vrain: 37.14% Local JeffCo: 38.27% LocalEstes Park R-3: 100% Poudre: 38.32%State Average: 39% Local100% 0 0 0 EPSDR‐3 State of CO
Can we Consolidate with another district?•Requires approval of voters in both the receiving and the joining counties (tax issues)
Comparison – Property Values, Assessed Values, & Mill LevyMill Rate0.0005.00010.00015.00020.00025.00030.00035.00040.00045.00050.000050,000100,000150,000200,000250,000300,000350,000400,000Average Home ValueAssessed ValueFY1993 ‐FY2012 (estimated)
What is the current state of the GF budget?(expenditures)•2006-2007 $10,290,390•2007-2008 $10,164,360•2008-2009 $10,368,648•2009-2010 $10,811,760 •2010-2011 $ 9,773,465•2011-2012 $10,510,558•2012-2013 $10,090,269 **(Unaudited)•2013-2014 $10,144,292 **(Preliminary)
Mill Levy OverridesElection ResultNovember 1989November 1997November 1999November 2006$ 206,000$ 377,000$ 598,138$ 740,000$1,921,138
FY2013‐2014 Funding CalculationGRAND TOTAL PROGRAM FUNDINGTOTAL PROGRAM FUNDING - enter line TP3 9,084,329.72 PROPERTY TAX REVENUES - enter line ML6 times line V31 7,217,777.20 SPECIFIC OWNERSHIP TAX - enter line V30 501,166.16 STATE SHARE 1,365,386.36 enter line GT1 minus line GT2 minus line GT3CATEGORICAL BUYOUT MILL LEVY REVENUE 0.00 enter line CB5 times line V31TOTAL PROGRAM PER-PUPIL FUNDING 8,194.42 enter line GT1 divided by line FC9NEGATIVE FACTOR(1,365,386.36)NEGATIVE FACTOR TOTAL PROGRAM FUNDINGTOTAL PROGRAM 7,718,943.36 PROPERTY TAXES 7,217,777.20 SPECIFIC OWNERSHIP TAXES 501,166.16 STATE SHARE0.00 REQUIRED CATEGORICAL BUYOUT FROM TOTAL PROGRAM 41,570.79
Amendment 66 – Summary & Analysis•In budget year 2012‐13, about $5.5 billion of P‐12 public education funding was paid from state and local taxes on individuals and businesses, including state income and sales tax and local property and vehicle ownership tax. Almost all of this revenue is allocated to school districts through a formula in state law. The rest provides state assistance for other programs, such as transportation and special education. •Currently, the state constitution requires that the base funding amount increase every year by at least inflation. The constitution also specifies that the State Education Fund receive about 7.2 percent of all income tax revenue to support the annual increase in base per pupil funding. •The recent recession reduced the amount of state and local tax revenue available for P‐12 public education funding. In each of the past three budget years, the decline in state revenue caused the legislature to reduce the amount of state money going to school districts below what would have been required by the funding formula. •For example, in budget year 2012‐13, actual funding was $1.0 billion below what the funding formula would have required.
Amendment 66Specifically, the measure: •raises the state individual income tax rate from 4.63 percent to 5.0 percent on the first $75,000 of taxable income and to 5.9 percent on any taxable income over $75,000 and deposits the additional tax revenue in a separate fund to pay for public education;•implements legislation passed by the state legislature creating a new formula for allocating state and local funding to school districts;•repeals the constitutional requirement that base per pupil funding for public education increase by at least the rate of inflation annually; and•requires that at least 43 percent of state income, sales, and excise tax revenue, collected at existing tax rates, be set aside annually to pay for public education
Proposed AmendmentImpact to EPSDR‐3Difference between State Funding (Includes TLI) Vs. Current Act State Share $ 1,142,423
Proposed Mill LevyImpact to EPSDR‐3$ 750,000 The Mill Levy Question is only valid IF the Amendment 66 Question FAILS.
Mill Levy Impact $3.00 on $315,000 Residence
Possible OutcomesColorado Election Estes Park ElectionAmendment 66 Passes ‐$1,142,423 Mill Levy Question becomes Moot ‐$0Amendment 66 Fails ‐$0 Mill Levy Question Passes ‐$750,000Amendment 66 Fails ‐$0 Mill Levy Question Fails ‐$0
Board of Education Election•Brian Brown•Tony Gittings•Kristine Poppitz•Laura Case•Christie Adams
Visit Estes Park Tourism Recovery Efforts
Tourism Recovery Communication Efforts•Misinformation Mitigation•Online, through email correspondence and via social media channels•Continuous, up‐to‐date information and images on social channels•Develop & Distribute Talking Points•Colorado Tourism Office•Front Range Partners: DIA, Visit Denver, Visit Fort Collins, Boulder CVB, etc.•Stakeholders: Business owners & community leaders•Partner Outreach•Seamless messaging in all marketing, public relations, website & social media•Continuing Long‐Term Media Pitches•General travel & tourism stories for Estes and Rocky Mountain National Park
Post-Flood Media CoverageMedia OutletEquivalentAd ValuePublic Reach (Impressions)NationalCNN $ 204,833 22,144,107NBC Nightly News N/A 8,750,000NBCNews.com $ 186,435 20,155,178$ 832,500 90,000,000$ 18,418 9,029,120Travel $ 235,200 4,900,000Regional9News.com (2) $ 90,151 10,055,969Fox 31 (3) $ 20,737 2,241,858ABC 7 (2) $ 80,649 8,718,800CBS 4 (4) $ 8,800 951,532Denver Post (6) $ 294,525 11,732,440TOTAL: $ 2,109,657 196,984,377
Tourism Recovery Marketing Efforts•‘Stay Mountain Strong’ Campaign•Give & Getaway Packages & Specials•Social media contests•Colorado Tourism Office support: Email database (200,000 emails) & social media (400,000 Facebook followers)•Holiday Packages & Shopping Campaign•Working with EVPC, EALA & Restaurant Group•Visit Denver ‘Mile High Holiday’ Promotion•Stakeholder Support•Newsletter: Best practices, marketing tools, promotion opportunities•Workshop: Thursday, Oct. 10 at 2pm, Hondius Room at the Library
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Public Works Director
Date: October 8, 2013
RE: Multi-Purpose Event Center & Stall Barn Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC and Stall Barn
project at the Stanley Fairgrounds.
Present Situation:
Staff is proceeding to complete the construction of both the stall barn and the MPEC as
directed. This has been challenging given the loss off the major supply routes for
materials and labor from the Front Range. Dohn Construction has made a commitment
to continue under these conditions with great cooperation and is back on the job as of
last week with its subcontractors. Staff has been negotiating with Dohn Construction on
numerous change orders covering the additional expenses and delivery charges
incurred because of the access issues to Estes.
It was agreed the costs and strategies for modifying work and work schedules would be
analyzed each month as conditions and access to Estes are fluid and ever changing.
This month’s additional charges due to the situation are estimated to be about $20,000.
Both projects have been delayed and are estimated to be complete in April; however,
final approved schedules have not been completed. These delays have been deemed
reasonable by staff given the loss of access and inability to get to the project.
The following items are ongoing for the Stall Barn. Perimeter metal siding is complete
and plywood backer boards for the lower rock band areas have been completed. Roof
panel placement has begun with insulation, with main room roof panel placement just
beginning. Final roof panel placement should be near completion in a few weeks.
MPEC foundations are complete and backfilling of foundations is substantially complete.
Underground utility work and plumbing is wrapping up within the large event space. The
steel erector continues sorting structural steel and steel placement will begin within the
week.
The project is under negotiation for a revised schedule. In addition, the project is still
estimated to be within budget if highways are open as projected by the State.
Budget:
Community Reinvestment Fund $ 5,682,050.00
Level of Public Interest
This is a project that has a very high level of interest.
Liquor Licensing & Violation Guidelines
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: October 3, 2013
RE: Liquor Licensing & Violation Guidelines
Objective:
To receive input from the public and local liquor licensed establishments on liquor
licensing and violation guidelines in Estes Park.
Present Situation:
In past years, violations occurring through compliance checks have been completed by
the State Liquor Enforcement Division. Last fall the Town Board requested these
actions be completed by the Town Board for liquor licenses within Town limits. On July
25 and August 21, 2013 the Town’s Police department in conjunction with the State
Liquor Enforcement Division, completed two compliance checks for underage drinking.
During these compliance checks a total of 12 businesses of the approximately 34 visited
failed. Show Cause hearings were set for the businesses that failed the July 25th
compliance checks for August 27th and September 10th. Staff utilized the current liquor
stipulation guidelines approved by the Town Board in July, 1999. It was determined
during these meetings that the guidelines should be reviewed and public input received
before considering changes to the guidelines.
Proposal:
The Town Clerk’s office sent a notification letter to all liquor licensees informing them of
the opportunity to provide feedback on the current guidelines related to liquor violations.
In addition, a public announcement was sent out through the Public Information office
notifying the public of the discussion and opportunity to comment on the item.
The comments presented at the meeting will be discussed further by the Town Board at
the study session on October 22nd to provide Town staff with direction on how the
guidelines should be updated.
Advantages:
The discussion provides the public an opportunity to comment on the guidelines utilized
by the Town in addressing liquor license violations.
Liquor Licensing & Violation Guidelines
2
Disadvantages:
None.
Action Recommended:
None needed at this time.
Budget:
None.
Level of Public Interest
Low for the general public and high for the liquor licensed establishments.
Sample Motion:
None as this is a discussion item only.
LIQUOR LICENSE
STIPULATION GUIDELINES
*Revised July, 1999
Statement of Purpose: To authorize Town staff to negotiate a Stipulation Agreement, utilizing
these Guidelines, with the Liquor Licensee following the setting of a Show Cause Hearing. The
Town Board may amend, approve, or deny any Stipulation Agreement.
REGULATION NO. CODE VIOLATION * RECOMMENDED
SUSPENSION
*ACTUAL
TIME
SERVED –
TO BE
DETERMINED
Critical Violations:
12-47-901(1)(a) Sale to an Underage Person
1st Offense
2nd Offense, w/in 1 yr.
3rd Offense, w/in 1 yr.
4th Offense, w/in 2 yrs.
21 Days
30 “
60 “
90 “ to revocation
12-47-901(1)(a) and
Reg. 47-900
Sale to Intoxicated Person
1st Offense
2nd Offense
3rd Offense
30 Days
90 “
6 Mo. to revocation
Reg. 47-900A. Conduct of Establishment
Intentional:
1st Offense
2nd Offense
3rd Offense
30 Days
90 “
6 Mo. to revocation
Administrative
Violations:
12-47-901(5)(n)(I)
and
Reg. 47-922A.1.
Permitting Illegal Gambling
1st Offense
2nd Offense
3rd Offense
7 Days
30 “
90 “ to revocation
“ Video Poker Gambling
1st Offense
2nd Offense
3rd Offense
7 Days
30 “
90 “ to revocation
2
REGULATION NO. CODE VIOLATION *RECOMMENDED
SUSPENSION
*ACTUAL
TIME
SERVED –
TO BE
DETERMINED
“ Shake-A-Day Gambling Device
1st Offense
2nd Offense
3rd Offense
7 Days
30 “
90 “
Reg. 47-900A. Permitting Disturbances
1st Offense
2nd Offense
3rd Offense
20 Days
30 “
90 “
Reg. 47-900A. Conduct of Establishment
Negligence:
1st Offense
2nd Offense
3rd Offense
20 Days
30 “
90 “ to revocation
Reg. 47-408A. Purchase of Liquor from Other
Than Wholesaler
1st Offense
2nd Offense
5 Days
7 “
Reg. 47-419B. Failure to Meet Food Requirement
(H&R, Brew Pub)
1st Offense
2nd Offense
10 Days
30 “
12-47-901 (5) IV (I) Sale After Legal Hours
1st Offense
2nd Offense
7 Days
20 “
12-47-301(7) Failure to Report Manager,
Corporate & Financial Change
1st Offense
2nd Offense
5 Days
7 “
12-47-901(5)(a)(I) Underage Employee Selling or
Serving
1st Offense
2nd Offense
3rd Offense
20 Days
30 “
90 “
Reg. 47-904C. Altered Liquor
1st Offense
10 Days
3
Definition:
1. Offense: for the purpose of these guidelines, an offense is a single occurrence of a
violation. It is possible that within an offense, there could be multiple counts.
Notes:
1. These guidelines are intended as an instrument for the Town Board and Staff. The
Town Board and Staff may at any time, depending upon the severity of the violation,
alter the suspension time defined in these guidelines.
2. *These guidelines were prepared following review of the Colorado Liquor Enforcement
Division’s Guidelines, as updated June 4, 1999.
3. Staff may, at any time, elect not to negotiate a Stipulation Agreement, thus proceeding
with the Show Cause Hearing before the Board of Trustees.
4. All substantial liquor license violations, as determined by Staff, will be scheduled for a
Show Cause Hearing. If the Town Board does not approve the Stipulation Agreement,
the Town Board will proceed with the Show Cause Hearing.
5. Days not actually served (days held in abeyance) are suspended on the condition that
no further violations occur within the one-year stipulation period.
6. *Liquor violations are carried for 5 years for purposes of litigation.
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: October 3, 2013
RE: Order of Agenda Items
Objective:
To discuss the order of Town Board agenda items.
Present Situation:
The order of agenda items has been reviewed in the past and several iterations on how
the agenda should be ordered have been discussed and tried. The Town Clerk’s office
is using the most recent configurations requested by the Board.
Pledge
Public Comment
Awards, Recognitions, Proclamations, etc.
Town Board Comments/Liaison Reports
Town Administrator Report
Consent Agenda
Liquor Items
Reports & Discussion Items
Planning Commission Items
Action Items
Executive Sessions
Proposal:
None. The item has been added to the agenda to allow discussion by the Town Board.
Advantages: None.
Disadvantages: None.
Action Recommended: None needed at this time.
Budget: None.
Level of Public Interest: Low
Sample Motion: None as this is a discussion item only.
RESOLUTION 28-13
OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK
ENCOURAGING ESTES PARK RESIDENTS AND BUSINESSES TO
BUY LOCALLY AND USE LOCAL BUSINESSES AND SERVICES
WHEN PRACTICAL AND POSSIBLE
WHEREAS, the flooding event of the week of September 9, 2013, had a significant
negative impact on local businesses; and
WHEREAS, locally owned, independent businesses are innovators and creators of the
next generation of products, pay taxes, provide jobs, and contribute significantly to our
local community; and
WHEREAS, taxpayers provide the revenue needed to operate essential government
services; and
WHEREAS, a diverse assortment of local and independent businesses provide for a
more stable tax base and generally require a less costly infrastructure, thereby
providing a good return on investment to local government; and
WHEREAS, supporting local businesses is in the best interest of the Town of Estes
Park residents and business owners, because our local businesses are critical to
maintaining a socially, environmentally, and financially sustainable local economy.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK as follows:
1. The Board of Trustees of the Town of Estes Park urges all Estes Park residents
and businesses to share in this effort to strengthen our community, buying locally
and using local businesses and services when practical and possible.
Passed and adopted at a regular meeting of the Board of Trustees of the Town of Estes
Park this day of October, 2013.
Mayor
ATTEST:
Town Clerk
RESOLUTION 29-13
OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK
TERMINATING THE STATE OF LOCAL EMERGENCY DECLARED BY
THE TOWN ADMINISTRATOR AND PROVIDING THE AUTHORITY TO
THE TOWN ADMINISTRATOR TO ENTER INTO CERTAIN INTERGOVERNMENTAL
AND/OR MUTUAL AID AGREEMENTS FOR CONTINUED RECOVERY
FROM THE FLOOD
WHEREAS, on September 12, 2013, in order to undertake emergency measures
to protect the life, health, safety and property of the citizens of the Town and persons
conducting business therein, and in order to attempt to minimize the loss of human life
and the preservation of property, the Town Administrator proclaimed a “local
emergency” in accordance with applicable Colorado Statutes, and
WHEREAS, pursuant to Resolution 27-13, the Board of Trustees of the Town
continued the local disaster emergency until such time as conditions warranting this
local emergency no longer exist; and
WHEREAS, the need for emergency action and remediation of the Town’s
activities has moved from emergency actions to recovery and remediation of the Town’s
facilities; and
WHEREAS, certain emergency response and remediation actions of the Town
are continuing, particularly with regard to debris removal, protection and restoration of
the Town’s Water and Light and Power facilities, and emergency remediation and
recovery of Town roads for access to Town and surrounding properties; and
WHEREAS, the Board of Trustees has determined that it is no longer necessary
to continue the current local disaster emergency; and
WHEREAS, it is necessary, in order to continue to address emergency response
and remediation, particularly with regard to debris removal, protection and restoration of
the Town’s Water and Light and Power facilities, and emergency remediation and
recovery of Town roads and access to Town and surrounding properties, the Board of
Trustees has determined that the Town Administrator shall be authorized to execute
certain documents including, but not limited to, intergovernmental and/or mutual aid
agreements in order to provide necessary equipment, personnel, services and
resources to continue to provide necessary emergency measures to protect the life,
health, safety and property of the citizens of the Town and Town facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK as follows:
Section 1. The local emergency proclaimed by Town Administrator Lancaster
on September 12, 2013, and continued by Resolution 27-13, is hereby terminated
effective October 9, 2013.
Section 2. In order to provide for the continuation of emergency response and
remediation for debris removal, protection and restoration of the Town’s Water and Light
and Power facilities, and emergency remediation and recovery of Town roads for
access to Town and surrounding properties, the Board of Trustees of the Town of Estes
Park hereby authorizes the Town Administrator to execute intergovernmental and/or
mutual aid agreements, and any other documents for the purpose of the acquisition and
provision of resources necessary to continue to preserve life and property within the
Town of Estes Park, the service areas of the Town’s Water and Light and Power
systems, and provide for services and resources, including materials, for access and
repair of Town roads and any other resources necessary to protect Town facilities.
Section 3. The action of the Board of Trustees on September 12, 2013 to
suspend the procurement policy is hereby continued until further action of the Board of
Trustees.
Passed and adopted at the regular meeting of the Board of Trustees of the Town
of Estes Park this ___day of October, 2013.
_________________________________
Mayor
ATTEST:
_____________________________
Town Clerk
RESOLUTION 30-13
OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK
IN SUPPORT OF CONSTRUCTING A NEW COUNTY OFFICE BUILDING IN
LOVELAND, COLORADO
WHEREAS, on the 2013 general election ballot, Larimer County citizens will be
asked to allow Larimer County to build a new County office building in Loveland,
Colorado at no additional expense to the public; and
WHEREAS, the current building in Loveland is crowded, inefficient and
ineffective for serving our citizens; and
WHERES, remodeling a forty year old building for today’s needs is expensive,
inefficient and is not the best use of our public dollars; and
WHEREAS, Larimer County will use existing accumulated sales tax and reserves
to fund the new facility; and
WHEREAS, Larimer County will not impose any additional taxes to fund the new
County office building; and
WHEREAS, the new county office building will be less expensive to operate and
include adequate public parking; and
WHEREAS, providing core county services in Loveland such as Motor Vehicle,
Employment, and Health and Human Services will reduce traffic congestion and provide
conveniently located services for the public in southern Larimer County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK as follows:
1. The Board of Trustees of the Town of Estes Park support the resolution to
construct a new county office building in Loveland, Colorado.
Passed and adopted at a regular meeting of the Board of Trustees of the Town of Estes
Park this day of October, 2013.
Mayor
ATTEST:
Town Clerk
Larimer County GovernmentLoveland Facility Tax RepurposeOctober 9, 2013
Larimer County Commissioners Office2History1997 Voter ApprovedFort Collins Facilities replacement–Sheriff Office–Courthouse Offices–Justice CenterLoveland 6thStreet Facility Remodel
Larimer County Commissioners OfficeCurrent ConditionsSignificant Parking IssuesSignificant Building Issues3
Larimer County Commissioners Office4
Larimer County Commissioners OfficeStay in Downtown LovelandBetter access for CitizensStronger message to communityGood economic boost for City of Loveland5
Larimer County Commissioners OfficeRemodel vs. RebuildCostsEfficiencyBring in Workforce Center6
Larimer County Commissioners OfficeProposed Solution2013 Ballot IssueAllow existingcollected funds to be used for new/rebuilt buildingNo tax increaseTABOR requires asking voters since 1997 language was limited to remodeling onlyPlan is to supplement with other reserves7
Larimer County Commissioners OfficeRequestPersonal and Professional Support of our ballot initiativeResolution in your packetWould appreciate your favorable endorsement8
Larimer County Commissioners OfficeQuestions?9
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Date: October 8, 2013
RE: Revised Problem Statement for Estes Valley Development Code Text
Amendment Concurrent Review and Promulgating Processing Schedules
Objective:
Obtain policy direction on revisions to the Estes Valley Development Code (EVDC).
Present Situation:
The EVDC allows an applicant to request concurrent processing of different types of
development approvals to expedite total review and processing time for a project.
The EVDC also authorizes staff to promulgate processing schedules for each
application.
Proposal:
During a Town Board study session, the Trustees requested staff draft text
amendments to the EVDC to:
1. Clarify that staff has the authority to promulgate processing schedules for related
development applications; and
2. In all cases, require review and approval of related development applications by
Planning Commission and Town Board prior to review by the Board of Adjustment.
Advantages:
1. Increased clarity about staff’s authority to promulgate processing schedules for
related development applications; and
2. Clear policy direction on when Board of Adjustment review shall occur.
Disadvantages:
1. Time and cost to process Estes Valley Development Code text amendment;
2. Slightly more regulatory language; and
Community Development Memo
Page 2
3. Potential for longer review times for developers waiting on Board of Adjustment
decision on a non-controversial/minor variance request.
Action Recommended:
Direct the Estes Valley Planning Commission to review and forward a text amendment
to the Estes Park Town Board of Trustees and Larimer County Board of County
Commissioners to:
1. Clarify that staff has the authority to promulgate processing schedules for related
development applications; and
2. In all cases, require review and approval of related development applications by
Planning Commission and Town Board prior to review by the Board of Adjustment.
Code language shall be reviewed and approved by the Town Attorney prior to Planning
Commission review.
Code language shall provide examples of processing schedules.
Budget:
Staff Time: 15 hours (Estimated)
Legal Notice, Publication, and Codification Fees: Minimal (Estimated at $300)
Level of Public Interest:
Low
Sample Motion:
I move to direct the Estes Valley Planning Commission to review and forward an Estes
Valley Development Code text amendment to the Estes Park Town Board of Trustees
and Larimer County Board of County Commissioners as described in the problem
statement.
1
TOWN OF ESTES PARK
EXECUTIVE SESSION PROCEDURE
April 27, 2010
Executive Sessions may only occur during a regular or special meeting of the Town
Board.
Limited Purposes.
Adoption of any proposed policy, position, resolution, or formal action shall not occur at
any executive session.
Procedure.
Prior to the time the Board convenes in executive session, the Mayor shall announce
the topic of discussion in the executive session and identify the particular matter to be
discussed in as much detail as possible without compromising the purpose for which the
executive session is authorized, including the specific statutory citation as enumerated
below. Prior to entering into an executive session, the Mayor shall state whether or not
any formal action and/or discussion shall be taken by the Town Board following the
executive session.
1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or
other property interest – Section 24-6-402(4)(a), C.R.S.
2. For a conference with an attorney for the Board for the purposes of receiving
legal advice on specific legal questions – Section 24-6-402(4)(b), C.R.S.
3. For discussion of a matter required to be kept confidential by federal or state law,
rule, or regulation – Section 24-6-402(4)(c), C.R.S.
4. For discussion of specialized details of security arrangements or investigations –
Section 24-6-402(4)(d), C.R.S.
5. For the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators – Section 24-6-402(4)(e), C.R.S.
6. For discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board; the appointment of any person
to fill an office of the Town Board; or personnel policies that do not require
discussion of matters personal to particular employees.
7. For consideration of any documents protected by the mandatory non-disclosure
provision of the Colorado Open Records Act – Section 24-6-402(4)(g), C.R.S.
2
Electronic Recording.
A record of the actual contents of the discussion during an executive session shall be
made by electronic recording. If electronic recording equipment is not available or
malfunctions, written minutes of the executive session shall be taken and kept by the
Town Clerk, if present, or if not present, by the Mayor.
The electronic recording or minutes, if any, of the executive session must state the
specific statutory provision authorizing the executive session. The electronic recording
or minutes, if any, of the executive session shall be kept by the Town Clerk unless the
Town Clerk was the subject of the executive session or did not participate in the
executive session, in which event, the record of the executive session shall be
maintained by the Mayor. If written minutes of the executive session are kept, the
Mayor shall attest in writing that the written minutes substantially reflect the substance
of the discussion during the executive session and such minutes shall be approved by
the Board at a subsequent executive session.
If, in the opinion of the attorney who is representing the Board, and who is
present at the executive session, “all or a portion” of the discussion constitutes
attorney-client privileged communications:
1. No record shall be kept of this part of the discussion.
2. If written minutes are taken, the minutes shall contain a signed statement from
the attorney attesting that the unrecorded portion of the executive session
constituted, in the attorney’s opinion, privileged attorney-client communications.
The minutes must also include a signed statement from the Mayor attesting that
the discussion in the unrecorded portion of the session was confined to the topic
or topics for which the executive session is authorized pursuant to the Open
Meetings Law.
Executive Session Motion Format.
Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of
the statutory provision authorizing the executive session.
THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION:
_ _ For a conference with the Town Attorney for the purpose of receiving legal advice
on specific legal questions under C.R.S. Section 24-6-402(4)(b) – Litigation.
_ X For the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators under C.R.S. Section 24-6-402(4)(e) – PERA Agreement.
____ To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or
other property interest under C.R.S. Section 24-6-402(4)(a).
3
_ _ For discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board (or body); the appointment of
any person to fill an office of the Town Board (or body); or personnel policies that
do not require discussion of matters personal to particular employees.
____ For discussion of a matter required to be kept confidential by the following federal
or state law, rule or regulation: under C.R.S. Section 24-
6-402(4)(c).
_ _ For discussion of specialized details of security arrangements or investigations
under C.R.S. Section 24-6-402(4)(d).
____ For consideration of documents protected by the mandatory nondisclosure
provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g).
AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR
IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the
details): .
The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum
present.
Retention of Electronic Recording or Minutes.
Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.R.S., the Town Clerk shall retain the
electronic recording or minutes for ninety (90) days. Following the ninety (90) day
period, the recording or the minutes shall be destroyed unless during the ninety (90) day
period a request for inspection of the record has been made pursuant to Section 24-72-
204(5.5) C.R.S.
If written minutes are taken for an executive session, the minutes shall be approved
and/or amended at the next executive session of the Town Board. In the event that the
next executive session occurs more than ninety (90) days after the executive session,
the minutes shall be maintained until they are approved and/or amended at the next
executive session and then immediately destroyed.
4
ANNOUNCEMENT
ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE
EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED
ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO
ADVISED BY THE TOWN ATTORNEY.
It is ____Tuesday, October 8, 2013______, and the time is (state the time) p.m.__.
For the Record, I am ___Bill Pinkham _________________, the Mayor (or Mayor Pro
Tem) of the Board of Trustees. As required by the Open Meetings Law, this executive
session is being electronically recorded.
Also present at this executive session are the following person(s):__ Mayor Pro Tem
Blackhurst, Trustees Mark Elrod, John Ericson, Wendy Koenig, Ron Norris, and John
Phipps; Town Administrator Lancaster, Director Williamson, and Attorney White. (Also
include any others who will be present for the executive session in this announcement.)
This is an executive session for the following purpose of:
For the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators under C.R.S. Section 24-6-402(4)(e) – PERA Agreement.
I caution each participant to confine all discussion to the stated purpose of the executive
session, and that no formal action may occur in the executive session.
If at any point in the executive session any participant believes that the discussion is
outside of the proper scope of the executive session, please interrupt the discussion
and make an objection.
The close of the executive session is in the Mayor’s discretion and does not require a
motion for adjournment of the executive session.
The Mayor shall close the executive session by stating the time and return to the open
meeting.
After the return to the open session, the Mayor shall state that the Town Board is in
open session and whether or not any formal action and/or discussion shall be taken by
the Town Board.
PERA Agreement
Administrative Services Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Administrative Services Director
Date: October 3, 2013
RE: PERA Agreement
Objective:
To approve an agreement between the Town of Estes Park and PERA regarding
retirement benefits for certain non-sworn Police personnel and management staff.
Present Situation:
For the past year staff has been reviewing the benefits provided to all employees. Staff
has completed a thorough review of the ICMA and PERA retirement plans. In May of
this year staff brought forward action to increase ICMA contributions to match those
paid to PERA accounts and to drop FPPA coverage for the dispatchers because they
did not meet the qualifications as a member. With the removal of FPPA coverage in
May, the dispatchers became eligible for membership in PERA. As some of the
dispatchers have been in ICMA for a number of years and may be close to retirement,
there was discussion on giving the dispatchers a choice on moving to PERA.
Therefore, staff and Attorney White began discussions with PERA to develop an
agreement allowing the qualifying members to make a one-time election to either move
to PERA or stay with ICMA.
During these discussions it was discovered there were Police civilian staff that should
have been included in PERA rather than ICMA, and that individuals hired as senior
management were placed in ICMA without the proper opportunity to elect PERA
retirement. Therefore these two classes of employee have also been added to the
agreement.
Proposal:
Attached to this memo is a copy of the negotiated agreement between Town staff,
Attorney White and PERA attorneys. The agreement would allow the affected
employees a one-time offer to change retirement plans and move from ICMA, a defined
contribution plan to PERA, a defined benefit plan.
Advantages:
The proposed agreement would allow the employee an option rather than being
forced to move to a new retirement plan. There are employees affected that have a
number years of service with the Town that may not benefit from moving to PERA.
PERA 2
A move to PERA would require them to work a minimum of 5 additional years to be
vested in PERA before retiring.
Disadvantages:
None.
Action Recommended:
Approve the agreement with PERA as presented.
Budget:
The agreement would require the employee and the Town to provide contributions in
the appropriate amounts, as well as the Town providing the past interest on both the
Employee and the Town’s contributions for the applicable period. Exact amount is
unknown but the estimated employer contributions by the Town will be significant.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the agreement with PERA.
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter “MOU”) is entered into as of the date
this MOU is last signed by a party hereto (the “Effective Date”) by THE TOWN OF ESTES
PARK, (hereinafter the “Town”) and the PUBLIC EMPLOYEES’ RETIREMENT
ASSOCIATION OF COLORADO (hereinafter “PERA”). The Town and PERA may
hereinafter collectively be referred to as the “Parties.”
For purposes of this MOU, the Town of Estes Park shall be defined to include the Town
and anyone claiming or liable through the Town including, but not limited to, its individual
Trustees, employees, executives, and officers.
For purposes of this MOU, PERA shall be defined to include the Public Employees’
Retirement Association of Colorado and anyone claiming or liable through PERA including, but
not limited to the PERA Board of Trustees, individual Trustees, executives, officers, any and all
parents, divisions, sister companies, subsidiaries, affiliates, and/or other related entities of PERA
(whether or not such entities are wholly owned) and the predecessors, successors and assigns of
each of them.
RECITALS
WHEREAS, prior to the Effective Date, certain individuals employed by the Town were
enrolled in retirement plans administered through ICMA rather than enrolled in PERA. All
employees of PERA-affiliated employers are required to participate in PERA with certain limited
exceptions set forth in C.R.S. § 24-51-301, et seq.; and
WHEREAS, the Parties acknowledge that 4 management level employees , and any other
similarly situated individuals, who were enrolled in ICMA rather than PERA did not make the
written election to be exempt from PERA as required by C.R.S. § 24-51-308; and
2
WHEREAS, the Parties acknowledge that 6 non-sworn police personnel , and other
similarly situated individuals, who were enrolled in ICMA rather than PERA, were not eligible
for PERA upon initial hire due to their participation in the Fire & Police Pension Association of
Colorado (“FPPA”), but that such FPPA participation was terminated in May 2013; and
WHEREAS, the Parties acknowledge that 4 non-sworn police personnel , and other
similarly situated individuals, who were enrolled in ICMA rather than PERA, were not exempt
from PERA as set forth in C.R.S. § 24-51-301, et seq.
WHEREAS, the Town hereby represents that it has made its best effort to identify all
individuals who may be covered by this MOU; but the Parties acknowledge that it is possible
that unidentified similarly situated individuals exist that were not identified (“Similarly Situated
Individuals”) and hereby agree that any such individuals shall be covered by this MOU as well;
and
WHEREAS, this MOU only applies to the individuals who were employed by the Town
prior to August 1, 2013, including any Similarly Situated Individuals; and
WHEREAS, PERA and the Town wish to enter into this MOU to agree on the PERA
membership eligibility of such individuals for their employment by the Town; and
WHEREAS, this MOU will be binding on both the Town and PERA and is intended to
fully resolve all conflicts regarding the PERA membership eligibility of such individuals.
3
AGREEMENT
The Parties hereby agree as follows:
(1) The Parties hereby agree that under the PERA statutes, set forth at C.R.S. § 24-51-101, et
seq., all employees of the Town, a PERA-affiliated employer, are required to be members
of PERA unless they meet one of the exceptions set forth in C.R.S. § 24-51-301, et seq.
(2) The Parties hereby agree that the management level employees, and any Similarly
Situated Individuals, who were enrolled in ICMA rather than PERA did not make a
written election to be exempt from PERA as required by C.R.S. § 24-51-308.
(3) The Parties hereby agree that the non-sworn police personnel, and any Similarly Situated
Individuals who participated in FPPA, met the exception set forth in C.R.S. § 24-51-
310(1)(f) at the time they were employed and were not eligible to be enrolled in PERA at
that time. However, the Parties further agree that such exception ceased to apply in May
2013 when FPPA coverage was terminated for these individuals.
(4) The Parties hereby agree that the non-sworn police personnel, and any Similarly Situated
Individuals, who did not meet the exemptions set forth in C.R.S. § 24-51-301, et seq. at
the time they were employed, were required to be enrolled in PERA at that time.
(5) The Parties hereby acknowledge that all of the individuals identified in Paragraphs (2),
(3) and (4) above have been participating for many years in ICMA rather than PERA and
may not wish to have their retirement plan enrollment re-examined or changed at this
point in their careers. In recognition of this fact, the Parties hereby agree that all these
individuals and any Similarly Situated Individuals shall not have such enrollment in
ICMA rather than PERA re-examined by PERA unless the individual elects in writing to
enroll in PERA. In the event of such an election, the Parties agree that the Town will
remit: (a) the employer contributions which would have been paid to PERA plus interest
based on the actuarial investment assumption rate specified in C.R.S. § 24-51-101(2); and
(b) interest based on the actuarial investment assumption rate specified in C.R.S. § 24-51-
101(2) on the PERA member’s share of the contributions, in accordance with C.R.S. §
24-51-402. The Parties further agree that the member contribution will not be optional for
the individual and may be paid through a trust-to-trust transfer to PERA from such
person’s ICMA account, if allowable under relevant IRS regulations, or by other means.
The Town agrees to cooperate with PERA in a timely manner to provide necessary salary
information to PERA to calculate amounts due.
(6) The Parties agree that the Town will provide information to all individuals identified in
Paragraphs (2), (3), and (4) above, and any Similarly Situated Individuals, informing such
individuals of their right to be PERA members. The Town will seek a written
acknowledgment from the individuals who do not elect to be in PERA for their
employment with the Town. The Town will cooperate fully with PERA in enrolling
individuals who elect to be in PERA and pay unpaid contributions as stated in paragraph
(5).
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(7) The Parties hereby agree that any PERA membership status determined under this MOU
will be treated as a settlement of a claim. All individual(s) identified in Paragraphs (2),
(3) and (4) above will be required to execute an agreement and waiver of any future claim
for eligibility, and both PERA and the Town shall be parties to such an agreement.
(8) PERA warrants that Kimberly Riccardi, Esq. represents PERA with respect to this MOU
and all matters covered by it. The Town warrants that Greg White, Esq. represents the
Town with respect to this MOU and all matters covered by it. The Town and PERA each
warrant that each has conducted themselves freely and voluntarily with respect to this
MOU and all matters covered by it. PERA and the Town each warrant that each has been
fully advised by their respective attorneys about, or are otherwise aware of, their rights
and obligations with respect to the execution of this MOU.
(9) This MOU may be executed in counterparts, each of which is equally admissible into
evidence.
(10) This Agreement shall be construed and enforced pursuant to the laws of the State of
Colorado.
(11) Any notice required or permitted by this MOU will be deemed effective when personally
delivered in writing or three (3) days after notice is deposited with the U.S. Postal
Service, postage prepaid, certified, and return receipt requested, and addressed as
follows:
Town of Estes Park Public Employees’ Retirement Association
Attn: Town Administrator of Colorado
P O Box 1200 Attn:
Estes Park, CO 80517
(12) This MOU embodies the entire agreement of the Parties. There are no promises, terms,
conditions, or obligations other than those contained herein, and this MOU supersedes all
previous communications, representations, or agreements, either verbal or written,
between the Parties. This MOU may not be modified or amended except by written
agreement of the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year
written below.
TOWN OF ESTES PARK
_________________________________
By: _________________________________
Its: _________________________________
STATE OF COLORADO )
)ss.
COUNTY OF _______________ )
Subscribed and sworn before me this _____ day of _______ 2013 by
_________________________.
_________________________________
Notary Public
My Commission expires: ___________________.
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PUBLIC EMPLOYEES’ RETIREMENT
ASSOCIATION OF COLORADO
_________________________________
By: ______________________________
Its: ______________________________
STATE OF COLORADO )
)ss.
COUNTY OF _______________ )
Subscribed and sworn before me this _____ day of _______ 2013 by
_________________________.
_________________________________
Notary Public
My Commission expires: ___________________.
APPROVED AS TO FORM
By:_____________________________________ Dated: __________.
Kimberly Riccardi, Esq.
Attorney for PERA