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HomeMy WebLinkAboutPACKET Town Board 2020-07-28(Instructions continued on page 2, Agenda begins on page 2) BOARD OF TRUSTEES – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, July 28, 2020 7:00 p.m. Board Room – 170 MacGregor Avenue Estes Park, CO 80517 The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Public Input: 1.By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, July 28, 2020. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. 2. By Telephone Message: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday, July 28, 2020. All calls will be transcribed and provided to the Board for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. CALL-IN (TELEPHONE OPTION): Dial public participation phone number, 1-346-248-7799 Enter the Meeting ID for the July 28, 2020 meeting: 982 1690 2040 followed by the pound sign (#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to 7:00 p.m., if possible. You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Request to Speak: For public comment, the Mayor will ask attendees to indicate if they would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. Once you are announced by phone: State your name and address for the record. DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. 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. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. Prepared 07-17-2020 *Revised 07-23-2020 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https//zoom.us/j//98216902040 – Zoom Webinar ID: 982-1690-2040. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting at 7:00 p.m. Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. You will experience a short delay prior to re-connecting with the ability to speak. State your name and address for the record. In order to participate, you must: Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. Join the Zoom Webinar. o The link can be found above. Click “Participate Virtually in the Regular Town Board Meeting of the Board of Trustees”. DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, July 27, 2020 by 8:00 a.m. to the Town Clerk’s office at townclerk@estes.org. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimony Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by completing the Public Comment form at https://dms.estes.org/forms/TownBoardPublicComment. Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, July 27, 2020. All comments received will be provided to the Board and included in the final packet material. Oral Testimony To ensure your ability to provide comments during the meeting, you must register by emailing townclerk@estes.org or calling (970) 577-4777 by Monday, July 27, 2020 at 5:00 p.m. During the meeting, any individual who did not register to speak on a quasi-judicial item may join public participation by following either the Call-In or Online option previously mentioned. Individuals who do not register prior to the meeting risk being unable to testify due to administrative/technical difficulty during the meeting. Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00 a.m. Monday, July 27, 2020 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material can be accessed through the following link: Town Board Packet or under the Town Board section at www.estes.org/boardsandmeetings or you may request a paper packet by emailing townclerk@estes.org or calling (970) 577-4777. Page 2 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. * AGENDA BOARD OF TRUSTEES – TOWN OF ESTES PARK Tuesday, July 28, 2020 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). SWEARING-IN CEREMONY FOR NEWLY-APPOINTED TRUSTEE SCOTT WEBERMEIER. Municipal Judge Ablao. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. POLICY GOVERNANCE MONITORING REPORT – POLICY 3.3, 3.12 AND 3.13. Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. Policy 3.3, 3.12 and 3.13 are reported on each July. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated July 14, 2020 and Town Board Study Session Minutes dated July 14, 2020. 3.Board of Appeals Minutes dated August 29, 2019. (Acknowledgement only). 4. Family Advisory Minutes dated March 5, 2020. (Acknowledgement only). 5. Three Year Extension with Hays Companies, Inc., for Employee Benefit Services, $29,000 annually – Pending Budget Appropriations. 6.Resolution 47-20 Approving the Second Amendment to the Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study between Platte River Power Authority, Fort Collins, Longmont, Loveland and Estes Park. 7. Resolution 48-20 Water Supply Agreement with Gunter and Gloria Preuss of Saddle Notch Ranch. 8. Resolution 49-20 Intergovernmental Agreement with Colorado Department of Human Services authorizing participation in the Low-Income Energy Assistance Program (LEAP). 9. Acceptance of Town Administrator Policy Governance Monitoring Report. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. LARIMER COUNTY OPEN LANDS ADVISORY BOARD UPDATE. Open Lands Director Daylan Figgs. To provide the Town Board with a quarterly update on the Advisory Board activities. REPORTS AND DISCUSSION ITEMS: 1. COVID-19 SAFETY EFFORTS AND OUTREACH. Town Administrator Machalek. Discussion of safety and outreach efforts to date and any further effort the Town Board would like staff to explore or pursue. Prepared 07-17-2020 *Revised 07-23-2020 Page 3 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. LIQUOR ITEMS: 1. NEW HOTEL & RESTAURANT LIQUOR LICENSE FOR BLACK CANYON CATERING, INC., DBA THE BOULDERS, 800 MACGREGOR AVENUE, SUITE 243 ESTES PARK, CO 80517. (Quasi-Judicial) Town Clerk Williamson. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: Following items are quasi-judicial, see procedures for public comment. A. RESOLUTION 50-20, AMENDED PLAT OF PORTIONS OF LOTS 6, 7, AND 8, BLOCK 1, OF THE SECOND AMENDED PLAT, 215 PARK LANE, THOMAS BECK, TW BECK ARCHITECTS OWNER/APPLICANT. (Quasi-Judicial) Planner Woeber. Review of an Amended Plat application, to rearrange internal lot lines involving lots within a platted subdivision. No new lots or building sites would be created. ACTION ITEMS: 1. RESOLUTION 51-20, 3RD AMENDED LAKEVIEW PLAZA CONDOMINIUMS, 1751 NORTH LAKE AVENUE 1A AND 1B, BRADFIELD PROPERTIES, LLC (GORDON AND ANNIE SLACK) AND JESSIE M FINCH/OWNERS. Planner Woeber. Approval of an amended condominium map, to revise a boundary within two existing condominium units. 2. RESOLUTION 52-20 PEAK VIEW APARTMENTS WATER TAP FEE INSTALLMENT LOAN AGREEMENT. Director Hudson. Consider the proposed installment loan agreement with Estes Park Housing Authority for the Peak View Apartments’ water tap fees. 3. FEE WAIVER REQUEST, 1551 SOUTH SAINT VRAIN AVENUE, PEAK VIEW APARTMENTS, BUILDING DIVISION FEES, ESTES PARK HOUSING AUTHORITY (EPHA). Director Hunt. EPHA is requesting waiver of a percentage of building permit fees for this 26-unit workforce housing project; waiver is estimated at approximately $18,975. 4. INTERVIEW COMMITTEE FOR THE BOARD OF APPEALS. Town Clerk Williamson. REQUEST TO ENTER 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 - Section 24-6-402(4}(e}, C.R.S. and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS. - Regarding the potential for the Town to provide water service to the YMCA of the Rockies. ADJOURN Page 4 Town Administrator’s Office Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: July 28, 2020 RE: Policy Governance Monitoring Report – Policies 3.3, 3.12, and 3.13 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Policy QUASI-JUDICIAL YES NO Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. In July of each year the Town Administrator is required to report on Policies 3.3 (Financial Planning and Budgeting), 3.12 (Internal Operating Procedures), and 3.13 (Town Organizational Plan). 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 3.12 states: “With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations.” Policy 3.13 states: “With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Comprehensive Annual Financial Report each year, and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election.” Page 5 This report constitutes my assurance that, as reasonable interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. Travis Machalek Town Administrator Page 6 Policy 3.3: 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. Accordingly, the Town Administrator shall not allow budgeting which: 3.3.1: Deviates from statutory requirements. Status: Compliance Interpretation: I interpret this to mean that our budgeting practices and policies comply with all requirements contained in the Colorado Revised Statutes that are applicable to statutory towns. Compliance with the policy will be achieved when: There are no deviations in our practices or policies from what is required by State Statute. Evidence: 1. The annual independent audit 2. Comprehensive Annual Financial Report 3.All policies are reviewed for legal compliance by the Town Attorney 4.No State-issued non-compliance notifications to the Town of Estes Park regarding our budgetary obligations under State Statute. Report: I report compliance. 3.3.2: Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. Status: Compliance Interpretation: I interpret this to mean that the annual budget adopted by the Board of Trustees represents the officially adopted priorities of the Board. This includes any budget amendments approved by the Town Board throughout the year and any specific spending authorizations approved by the Town Board. I interpret “materially deviate” to mean any change in spending priority that results in a resource diversion away from any Board objective, goal, or outcome that is substantial enough to hinder the achievement of the objective, goal, or outcome. I do not interpret minor deviations resulting from changing circumstances, community demands, and/or unforeseen circumstances outside of the Town’s control as material deviations. Compliance with the policy will be achieved when: Budget spending does not materially deviate from the levels approved in the adopted budget. Evidence: Page 7 1. The 2020 adopted budget was prepared based on the Board’s Strategic Plan. 2. Any substantial budget changes have been presented to the Board for review and approval as budget amendments. 3.HTE budget reports for each department are available on request. Report: I report compliance 3.3.3: 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. Status: Compliance Interpretation: I interpret this to mean that the Town Administrator’s recommended budget must be based on credible data and the best available information concerning the local economy and other factors that may impact the Town’s revenues and expenses. In addition, the budget is to be structured to separate capital expenditures from operational costs. All revenue projections will be based on the professional judgement of the Town’s Finance Director. Compliance with the policy will be achieved when: •Revenue projections are clear and projected and actual revenues are within a 5-10% margin of error, barring any catastrophic events. •Actual revenues are not less than projected, barring any catastrophic events. •The budget presented to the Board for adoption is in a format that separates revenues, expenses, and capital expenditures. •Critical assumptions used in preparing the budget are clearly articulated to the Board during budget review sessions. Evidence: 1.COVID-19 has created significant economic fallout that have altered our projected revenues. We will continue to track our revised projections as we move through this catastrophic event. 2. The 2020 adopted budget is presented in a format that separates revenues, expenditures, and capital. 3. Critical assumptions used in preparing the budget were discussed with the Board during budget review sessions as well as during budget amendment discussions. Page 8 Report: I report compliance. Revenue projections will continue to be impacted by catastrophic events (COVID-19) and staff will continue to closely monitor projected and actual revenues. 3.3.4: 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. Status: Compliance Interpretation: I interpret this to mean that the proposed budget must be balanced. This includes expenditures for the year not exceeding the revenues received from all sources. Exceptions are Board-approved use of fund balances, and use of funds that have been accumulated over a period of time, with the approval of the Board, with the intent of saving funds to pay for a specific project or capital expense. Compliance with the policy will be achieved when: The proposed budget meets the above criteria, inclusive of any board approved spending of fund balance or specific reserve funds. Evidence: 1. The adopted and amended budget includes expenditures for the year exceeding revenues. This falls within the exception as a Board-approved use of fund balance in reaction to the COVID-19 crisis. Report: I report compliance. 3.3.5: Reduces fund balances or reserves in any fund to a level below that established by the Board of Town Trustees by adopted policy. Status: Compliance Interpretation: I interpret this to mean that the audited year-end unrestricted fund balance in the General Fund does not drop below 25% unless otherwise authorized by the Board. If the Board approves and adopts a budget that plans for reducing the fund balance below the 25% level, I interpret this as being authorized by the Board. Compliance with the policy will be achieved when: •The final CAFR shows a General-Fund fund balance of 25% or greater, unless otherwise approved by the Board. •The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise approved by the Board. Page 9 Evidence: 1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of 2018. 2. The 2019 budget, as amended, anticipates a 25.6% General-Fund fund balance at the end of 2019. 3. The adopted and amended 2020 budget anticipates a 20.7% General-Fund fund balance at the end of 2020. This fund balance percentage was approved by the Town Board with the adoption of the April 2020 budget amendment in response to the COVID-19 crisis and subsequently amended June 23. Report: I report compliance. 3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. Status: Compliance Interpretation: I interpret this to mean that I must prepare a budget that maintains a fund balance of 25% or more in the General Fund and adequate fund balances in all enterprise funds, including the required TABOR reserve and the current cash reserves as defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Compliance with the policy will be achieved when: •The final CAFR indicates a General-Fund fund balance of 25% or greater, unless otherwise authorized by the Board. •The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise authorized by the Board. •The current cash reserves meet the criteria defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Evidence: 1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of 2018. 2. The 2019 budget, as amended, anticipates a 25.6% General-Fund fund balance at the end of 2019. 3. The adopted and amended 2020 budget anticipates a 20.7% General-Fund fund balance at the end of 2020. This fund balance percentage was approved by the Town Board with the adoption of the April 2020 budget amendment in response to the COVID-19 crisis and subsequently amended June 23. Page 10 4. Current cash and investment reserves are reported to the Board on a monthly basis, as required by Board Policy 670. 5. The Town’s budget contingency plan is established in Policy 670 (Section 3.b). Report: I report compliance. 3.3.7: Fails to provide for an annual audit. Status: Compliance Interpretation: I interpret this to mean that I must ensure that the Town completes an independent audit annually. Further, that audit report should result in an unqualified and unmodified opinion from the Board’s auditors. Compliance with the policy will be achieved when: The annual audit is complete and presented to the Town Board. Evidence: 1. The 2018 Audit has been completed and the CAFR prepared and submitted to the State of Colorado with an unqualified and unmodified opinion from the Board’s auditors. 2. The 2019 Audit continues with a target delivery date prior to August 31st. The auditors will be working remotely due to COVID-19. Report: I report compliance. 3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. Status: Compliance Interpretation: I interpret this to mean that I cannot take any action that will negatively impact the Town’s bond rating. This includes maintaining adequate fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios for all revenue bonds associated with the Town’s enterprise funds. Compliance with the policy will be achieved when: •I am in compliance with 3.3.5. •Required bond coverage ratios are met. Evidence: 1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of 2018. Page 11 2. Our current (December 31, 2019) bond-coverage ratio for Power and Communications (694%) exceeds the required ratio of 125%. 3. Our current (December 31, 2019) bond-coverage ratio for Water (640%) exceeds the required ratio of 110%. Report: I report compliance. 3.3.9: 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. Status: Compliance Interpretation: I interpret this to mean that I cannot allow any new positions or expansion of any part-time positions to be advertised or filled without prior Board approval. I may allow new positions or partial positions funded by grants or temporary positions for which existing budgeted funds are allocated without prior approval of the Board. I may also allow reductions in staffing without Board approval. Compliance with the policy will be achieved when: No new positions or expansion of any part-time positions are approved and/or hired without approval of the Board, with the exceptions noted above. Evidence: 1. All positions are indicated in the adopted and proposed budgets and no unapproved positions have been created. Report: I report compliance. Policy 3.12: With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations. Status: Compliance Interpretation: I interpret this to mean that I maintain up-to-date internal policies and procedures that control the day-to-day operations of the Town. These policies are updated when necessary to reflect changing conditions and governing laws. Compliance with the policy will be achieved when: No issues arise that go unaddressed by internal policies and procedures and the Town is not put at risk legally or financially due to the lack of adequate policies or procedures guiding our actions. Page 12 Evidence: 1.Town policies and procedures are up-to-date and available to all employees on iTown. 2.Policies are reviewed on a regularly scheduled basis to ensure they remain current and effective. Report: I report compliance. Policy 3.13: With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Comprehensive Annual Financial Report each year, and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election. Status: Compliance Interpretation: I interpret this to mean that I maintain a current organizational chart that is included in the CAFR and presented to the Town Board after the certification of the results of each biennial Town election. Compliance with the policy will be achieved when: •The organizational chart is printed in the CAFR. •The organizational chart is presented to the Town Board at the first regular meeting following the certification of the results of each biennial Town election. Evidence: 1. The organizational chart was published as part of the 2018 CAFR and will be included in the 2019 CAFR. 2. The organizational chart was presented to the Town Board at the first regular meeting following the certification of the results of the last biennial Town election. Report: I report compliance. Page 13 Page 14 Town of Estes Park, Larimer County, Colorado, July 14, 2020 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 and Virtually in said Town of Estes Park on the 14th day of July, 2020. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Vacant Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: One Vacancy Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – WAYNE NEWSOM. Mayor Koenig presented a proclamation honoring the service of Wayne Newsom to the Estes Park community and Town. RESOLUTION OF REPECT – TRUSTEE KEN ZORNES. Mayor Koenig recognized the service of Trustee Ken Zornes during April 2018 through June 2020. AGENDA APPROVAL. Trustee MacAlpine requested Consent Item #4 be removed and considered as an action item. It was moved and seconded (Martchink/Younglund) to approve the Agenda with the removal of Consent Item 4 and add it as Action Item 1, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee MacAlpine announced she would attend the Regional Government Recovery Collaborative meeting on July 16, 2020 to discuss recovery from the pandemic. Attended a League of Women Voters presentation on Community Based Social Marketing focused on behavior change and found the discussion would be applicable to the ongoing situation related to mask wearing. She requested the Board consider the Town’s COVID precautions as the number of infections and deaths continue to rise. Trustee Cenac commented the Visit Estes Park Board (VEP) heard a Park update from Kyle Patterson/RMNP Public Affairs Officer in which she stated the hiker shuttle would not operate in 2020, Fall River road has opened, and visitors appear to be happy with the reservation system. VEP has seen a lower overnight stay rate which would impact the VEP 2021 budget. Mayor Koenig stated she attended a recent Breckenridge virtual Town Board meeting in which they considered a mask ordinance for their downtown corridor. Colorado Association of Ski Towns (CAST) sent a letter to Governor Polis requesting a mask ordinance. Aspen continues to consider methods to encourage visitors to wear masks such as a mask monitor dressed up as a friendly clown or a mime. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek stated Larimer County Manager Linda Hoffman confirmed the County Commissioners are not interested in reviewing the Land Use DRAFTPage 15 Board of Trustees – July 14, 2020 – Page 2 Intergovernmental Agreement at this time due to the difficulties with the current pandemic and the need to have an open public process. The Commissioners are interested in building relations with the new board. He thanked the Estes Valley Fire Protection District, RMNP, and other mutual aid agencies which responded to the fire on July 17, 2020 and prevented the fire from growing. He also recognized the Power and Communication team for resolving an underground outage quickly on Friday. He further recognized Parking and Transit Manager Solesbee for her ongoing effort with the Estes Park Resiliency Collaborative. Mayor Koenig requested the Board provide staff with feedback on further discussions related to mask requirements. After discussion the Board consensus was to add a discussion and report item to the July 28, 2020 meeting to address non-legislative regulations to encourage mask wearing. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated June 23, 2020 and Town Board Study Session Minutes dated June 23, 2020. 3. Letter of Support for the Colorado Department of Transportation Grant Application (Revitalizing Main Streets). 4. Resolution 42-20, Approving the Application for Grant Funding to the Colorado Department of Local Affairs for Energy and Mineral Impact Assistance Funds to Develop the Land Use Comprehensive Plan. 5. Revised Policy 105 – Agendas. 6. Resolution 43-20 Setting the Public Hearing date of July 28, 2020 for a New Hotel & Restaurant Liquor License filed by Black Canyon Catering, Inc., dba The Boulders, 800 MacGregor Avenue Suite 243, Estes Park, CO 80517. 7. Resolution 46-20 Amendment One to the Alianza Inc. Agreement to Provide Cloud-Based Telephone Services. It was moved and seconded (Koenig/Martchink) to approve the Consent Agenda Items 1-3 and 5-7, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ESTES VALLEY INVESTMENT IN CHILDHOOD SUCCESS - INTRODUCTION OF NEW EXECUTIVE DIRECTOR. Former Executive Director Almond thanked the Town Board for their support over the years. She announced she stepped down as of July 1, 2020. The EVICS Board hired Chris Douglas as the new Executive Director. Chris Douglas/EVICS Director stated she recently moved to Estes Park and looks forward to working with EVICS to successfully serve the Estes Park community. 3.LIQUOR ITEMS: 1. TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE FROM ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC DBA ESTES PARK RESORT & HOTEL TO MONA LISA LLC DBA THE DUNRAVEN INN, 1700 BIG THOMPSON AVENUE, ESTES PARK, CO 80517. (Quasi-Judicial) Town Clerk Williamson reviewed the application to transfer the Hotel and Restaurant liquor license currently held by Rocky Mountain Hotel Properties I, LLC to Mona Lisa LLC. She stated all paperwork and fees had been submitted. The applicant has successful run the Dunraven Inn with a liquor license in the unincorporated Estes Valley and has previously completed TIPS training. He has been operating under a temporary permit since the beginning of June and would be expanding the business to serveDRAFT Page 16 Board of Trustees – July 14, 2020 – Page 3 breakfast, lunch and dinner at the hotel. It was moved and seconded (Cenac/Martchink) to approve the transfer of the Hotel & Restaurant Liquor License from Rocky Mountain Hotel Properties I, LLC dba Estes Park Resort & Hotel to Mona Lisa LLC dba The Dunraven Inn, 1700 Big Thompson Avenue, and it passed unanimously. 2. NEW BEER & WINE LIQUOR LICENSE FOR MOUNTAIN HOME CAFE, INC., DBA MOUNTAIN HOME CAFE, 457 E. WONDERVIEW AVENUE C1, ESTES PARK, CO 80517. (Quasi-Judicial) Town Clerk Williamson reviewed the application for a new Beer and Wine liquor license. The applicant submitted a concurrent application with the State. She stated all paperwork and fees were submitted. The applicant plans to complete TIPS training after the summer season. It was moved and seconded (Cenac/Bangs) to approve a Beer & Wine Liquor License for Mountain Home Café Inc. dba Mountain Home Cafe, 457 E. Wonderview Avenue C1, and it passed unanimously. 3. NEW BEER & WINE LIQUOR LICENSE FOR DISCOVERY LODGE, INC., DBA DISCOVERY LODGE, 800 BIG THOMPSON AVENUE, ESTES PARK, CO 80517. (Quasi-Judicial) Town Clerk Williamson reviewed the application for a new Beer and Wine liquor license. The applicant submitted a concurrent application with the State. She stated all paperwork and fees had been submitted. The applicant would complete TIPS training within six months. It was moved and seconded (MacAlpine/Cenac) to approve a Beer & Wine Liquor License for Discovery Lodge Inc. dba Discovery Lodge, 800 Big Thompson Avenue, and it passed unanimously. 4. NEW BEER & WINE LIQUOR LICENSE FOR COYOTE MOUNTAIN LODGE LLC, DBA COYOTE MOUNTAIN LODGE, 1340 BIG THOMPSON AVENUE, ESTES PARK, CO 80517. (Quasi-Judicial) Town Clerk Williamson reviewed the application for a new Beer and Wine liquor license. The applicant submitted a concurrent application with the State. She stated all paperwork and fees had been submitted. The applicant completed would complete TIPS training within six months. It was moved and seconded (MacAlpine/Cenac) to approve a Beer & Wine Liquor License for Coyote Mountain Lodge LLC dba Coyote Mountain Lodge, 1340 Big Thompson Avenue, and it passed unanimously. 4.ACTION ITEMS: 1. C ONSENT ITEM 4 - RESOLUTION 42-20, APPROVING THE APPLICATION FOR GRANT FUNDING TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR ENERGY AND MINERAL IMPACT ASSISTANCE FUNDS TO DEVELOP THE LAND USE COMPREHENSIVE PLAN. Director Hunt reviewed the resolution to approve the submittal of a grant application for funds from the Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance Funds (EIAF) to support the completion of the Town’s Comprehensive Plan process. The funds would be utilized to hire a professional consulting firm to work directly with Town staff and stakeholders to complete a new Comprehensive Plan last updated over 24 years ago. To meet the minimum requirements of the DOLA grant process the plan must include the following: 1) a three mile radius outside Town limits; 2) identify risks and vulnerabilities from natural and human caused hazards and how they would be addressed; 3) identify recommendations for land use code updates; and demonstrate engagement with neighboring jurisdictions. Additionally, DOLA expects the plan to result in intergovernmental agreements with neighboring jurisdictions, addressing water supply and conservation measures. The Town would address a planning area larger than the proposed three miles to fully consider future expansion through annexation. The Larimer County Commissioners would be engaged in the planning process and would need to accept elements of the Comprehensive Plan impacting the unincorporated area of the valley. Board discussion has been summarized: concern with the degree of coordination in the development of the plan and the participation of citizens in theDRAFT Page 17 Board of Trustees – July 14, 2020 – Page 4 unincorporated area; earlier Board discussions with the Commissioners confirmed their participation in the process and funding was still up for discussion; and questioned if the annexation area to be considered in the plan would include rezoning of properties. After further discussion, it was moved and seconded (Cenac/Martchink) to approve Resolution 42-20 to submit the DOLA EIAF grant application to develop the Comprehensive Plan, and it passed unanimously. 2. RESOLUTION 44-20 TO APPROVE INTERGOVERNMENTAL AGREEMENT AND BILL OF SALE TO TRANSFER THE DANNELS FIRE STATION TO THE ESTES VALLEY FIRE PROTECTION DISTRICT. Town Attorney Kramer stated the voters approved the sale of the Dannels Fire Station to the Estes Valley Fire Protection District during the regular Municipal Election on April 7, 2020. The resolution would approve an Intergovernmental Agreement and Bill of Sale to finalize the transfer and approve an Access and Maintenance Agreement to provide access to Town communication facilities within the station. It was moved and seconded (Younglund/Martchink) to approve Resolution 44-20 to execute and deliver the Deed and Bill of Sale from the Town of Estes Park to the Estes Valley Fire Protection District for transfer of the Dannels Fire Station, and approve the Intergovernmental Agreement for Access and Maintenance to Town Communication Facilities between the Town of Estes Park and the Estes Valley Fire Protection District, and it passed unanimously. 3. AMENDMENT ONE TO THE SAFEBUILT CONTRACT FOR BUILDING PERMIT TECHNICIAN AND FEE OFFSET FOR TOWN-OWNED BUILDING PROJECTS. Director Hunt presented an amendment to the contract with SafeBuilt to provide building safety services on behalf of the Town to include Building Permit Technician services for an increase fee capture to 100%, and provide SafeBuilt would charge the Town 50% of the fee schedule for Town-owned projects rather than 100%. In January 2020, the Town employed a Building Permit Technician who has since resigned. The Town was unsuccessful at hiring a replacement during the peak season for building, and the gap in service was not sustainable. It was moved and seconded (Younglund/Martchink) to approve the Professional Services Contract Amendment One with SafeBuilt Colorado, LLC for Building Safety Services for the calendar year 2020, and it passed unanimously. 4. POLICY 1101 – DELEGATION OF CONTRACT SIGNATURE AUTHORITY. Town Attorney Kramer presented a policy to address signatory authority within the Town for contracts and includes a section on the “reserved authority” for items the Board would approve and execute. The policy would not impact the approval processes established in the purchasing policies. It was moved and seconded (Martchink/MacAlpine) to approve Policy 1101, and it passed unanimously. 5. RESOLUTION 45-20 DECLARING A VACANCY ON THE ESTES PARK BOARD OF TRUSTEES AND APPROVE THE PROCESS TO FILL THE VACANCY. Town Clerk Williamson presented a resolution to formally accept the resignation of Trustee Zornes and outline a process for filling the position. As a statutory community, the Town Board must follow the guidelines outlined in C.R.S. 31-4-303 Trustee to Fill Vacancy. The statute provides the Board with the authority to appoint a replacement within 60 days of the vacancy or set and election. If the Board fails to act within 60 days, the Board must set a special election as soon as practical. Staff provided the Board with a proposed application process consisting of an application and resume, a public interview conducted by the Board and a vote of the Board to appoint an individual. As the Town held its regularly scheduled Municipal Election on April 7, 2020, the Board may consider the appointment of the fourth-place candidate in the election to fill the vacancy. Board discussion followed with Mayor Koenig, Trustee MacAlpine and Trustee Younglund stating support for the appointment of the fourth-place candidate. Mayor Pro Tem Martchink stated support to schedule a special election to allow the voters to determine who should complete the term held by Trustee Zornes. Trustees BangDRAFT Page 18 Board of Trustees – July 14, 2020 – Page 5 and Cenac would support completing an the appointment process as outlined. After further discussion, it was moved and seconded (Cenac/Bangs) to approve Resolution 45-20, and it passed unanimously. It was moved and seconded (Younglund/Bang) to extend the meeting past 10:00 p.m., and it passed unanimously. A substitute motion was moved and seconded (Bangs/Cenac) to approve the appointment process as outlined, and the motion failed with Mayor Pro Tem Martchink, Trustees Bangs and Cenac voting “Yes” and Mayor Koenig, Trustees MacAlpine and Younglund voting “No”. It was moved and seconded (Younglund/MacAlpine) to approve the appointment of the fourth-place candidate, Scott Webermeier, and it passed with Mayor Pro Tem Martchink and Trustee Cenac voting “No”. 5. REPORTS AND DISCUSSION ITEMS: 1. OPEN CONTAINERS WITHIN THE TOWN. Town Administrator Machalek provided a staff recommendation to permit the consumption of alcoholic beverages in specific Town-owned parks between the hours of 9 am to 9 pm. No glass containers would be permitted. He stated the Police would continue to be responsible for enforcing the open container law within town limits, and the modification of the open container regulation as outlined would not create a substantially different or difficult enforcement environment for the Police. The enforcement workload has increased due to the State regulations that allow take- out drinks from liquor licensed establishments. A survey was conducted of the liquor licensed establishments to determine whether relaxing the open container law would be beneficial to their business. In general businesses responded the modification as outlined would be beneficial to their business. Board discussion was heard and summarized: the survey should have clarified the modification would allow individuals to bring their own alcohol to the parks and what impact that may have on a business; concern with the impact on staffing related to enforcement of the open containers; the potential of congregation in parks and individuals not maintaining social distancing; survey questions should be more specific; the open container modification would benefit those businesses that have been shut down to on premise consumption such as bars and taverns; not concerned with public perception of drinking on the sidewalks downtown; the intent of take-out drinks by the State is to take the alcohol home; the discussion should be continued to the fall; encouraging alcohol consumption outdoors would be safer than drinking indoors as it relates to COVID-19; and the majority of visitors are day trippers who would consume the take-out alcohol downtown on the sidewalks and parks. The Board consensus was to bring the discussion back to the August 11, 2020 Board meeting with an addendum to the survey as a report and discussion item. Whereupon Mayor Koenig adjourned the meeting at 11:04 p.m. Wendy Koenig, Mayor Jackie Williamson, Town Clerk DRAFTPage 19 Town of Estes Park, Larimer County, Colorado July 14, 2020 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 14th day of July, 2020. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer and Recording Secretary Beers Absent:One Vacancy Mayor Koenig called the meeting to order at 5:30 p.m. POLICE TRAINING DISCUSSION. Chief Kufeld provided an overview of recruitment, review of applicants and the hiring process for the Police Department (PD). The PD requires applicants complete Colorado Police Standards Training (POST) to be eligible for the hiring process. He stated the hiring process is thorough, and the department strives for a good fit within the department and for members to be active in the community. He stated training is a priority for the department with $3,300 allocated in the patrol training budget in 2020 per officer. He noted officers would attend additional training as required by the passage of the recent Act. He stated there are perishable skills where training must be completed annually. In August 2015, the department required body worn cameras, which have proven effective and often become testimony evidence in cases, and holds the officers and the public accountable. The Board requested feedback regarding enforcement of the Larimer County mask requirement. Chief Kufeld stated the department has received several complaints regarding face coverings which have been forwarded to the Larimer County Health Department. He added Officers and the Code Enforcement Officer stay informed on the Health Department requirements and updates to provide visitors and businesses with information on how to adhere to the regulations. IN-PERSON BOARD MEETINGS. Town Administrator Machalek stated due to the COVID-19 pandemic the Board has been meeting virtually. Public health orders would allow for the resumption of in-person Town Board meetings, to include attendance by the public. He stated staff would recommend adhering to strict social distancing and face covering precautions if the Board decided to hold in-person meetings. He reviewed three options including: continue with virtual meetings, resume in-person meetings or hold hybrid meetings which would combine virtual and in-person participation. Staff recommends either virtual or in-person due to the additional staff required to hold a hybrid meeting. He stated staff support to facilitate the meetings would increase in a hybrid situation and the interface becomes more complicated in a hybrid situation. He requested Board feedback on preference for holding virtual/in-person meetings. The Board consensus was to continue holding virtual meetings. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. Trustee Cenac requested clarification on policies or procedures for Proclamations, and the addition of a Board discussion on the TABOR clause with the LOOP at a future study session meeting. Staff stated a TABOR loop discussion is tentatively scheduled for a September meeting. Additionally, she requested a discussion on ways to celebrate DRAFTPage 20 Town Board Study Session – July 14, 2020 – Page 2 women in history in conjunction with the centennial anniversary of Amendment 19 allowing women the right to vote. Town Administrator Machalek stated staff would research options and provide an update to the Board. FUTURE STUDY SESSION AGENDA ITEMS. None. There being no further business, Mayor Koenig adjourned the meeting at 6:16 p.m. Bunny Victoria Beers, Recording Secretary DRAFTPage 21 Page 22 RECORD OF PROCEEDINGS Estes Park Board of Appeals 1 August 29, 2019 Board Room, Estes Park Town Hall Commission: Chair Joe Calvin, Amy Plummer, Brad Klein, Don Darling Attending: Members Calvin, Plummer, Klein, Darling Also Attending: Interim Chief Building Official Gary Rusu, Community Development Director Randy Hunt, Recording Secretary Karin Swanlund Absent: none Chair Calvin called the meeting to order at 4:00 p.m. Board members introduced themselves and provided their area of expertise. APPROVAL OF AGENDA: It was moved and seconded (Darling/Plummer) to approve the agenda as presented and the motion passed 4-0. CONSENT AGENDA Minutes from May 9, 2019 It was moved and seconded (Plummer/Klein) to approve the minutes as presented and the motion passed 4-0. PUBLIC COMMENT: None PURPOSE OF MEETING The Board of Appeals meets as needed regarding matters of the Town of Estes Park’s Division of Building Safety. They are not a decision-making board but act as a Recommending Body to the Town Board. They assist with the adoption of the new International Building Codes and local amendments to those codes. DISCUSSION ON FUTURE STAFFING OF BUILDING DEPARTMENT Director Hunt introduced Safe Built employee Gary Rusu, who has been acting as Chief Building Official since May. Two subjects were discussed: Process Improvements and the Safe Built Contract. CBO Rusu spoke on the new process of using Laserfiche for online inspection requests and the 2+ hours of time per day this saves over phoning in requests. Contractors are now given two hour time frames for inspections. Digital submittals are now being required for new plans. These are forwarded to the Firestone office for review. This ensures that new plans are ready to be placed in an electronic file, eliminating the need for excess papers and future scanning of backlogged files. Vacation Home Life Saftey inspections have been slow during the summer months due to it being the busy season. The pace will be picking up and the plan for the remainder of 2019 is to get an additional Safe Built Inspector, 40 hours per week, to do these through augmenting the current contract. Funds will be diverted from the vacant staffing salaries. Page 23 RECORD OF PROCEEDINGS Estes Park Board of Appeals 2 August 29, 2019 Board Room, Estes Park Town Hall Input for moving forward in 2020 is being requested. There are two basic options: Traditional model of hiring in-house employees, or a full-service contract with Safe Built. Permit processing software, called Community Core, would come with the Safe Built contract, further helping to organize and update the building department. Community Connect, a part of Community Core, is already being used for plan review submittals. This software would be “live” and save time and frustration, making processes more efficient. The building department needs stability, which Safe Built can provide. Pricing for the contract is typically a percentage of building permit fees. This could require a fee increase in the future. The Town will not approve a contract past 2020 unless there is a “dependant on budget approval” clause. Safe Built, based in Loveland, has contracts in towns of all sizes with Florida having the largest amount. Rotating inspectors should not be an issue. The CBO has authority to overrule a plans examiner. A plan submittal checklist is being written for a smoother and faster submittal process. Making a decision requires a review of the Town Budget process with the Town Board making the final decision. MEMBER COMMENTS: Darling praised the convenience of the new processes. Of his three-four inspections, the process has been positive. Other comments: The electronic response with approval or corrections is helpful to contractors. It is essential to have consistent people doing the inspections and plan reviews due to the unique nature of Estes Park. Plan reviews done out of town are not customer friendly and can be frustrating. Having someone available locally, in the office, is a benefit to contractors. These processes and improvements are expected from a Building Department. Stability is paramount. Decisions should not be made on a monetary basis. Maintaining the same individuals is valuable, especially in a small town. REPORTS: Board Member Tony Shiaffo’s seat is open for a new member, preferably a Plumbing specialist. The State has authorized local governments to reclaim electrical inspections. ICC attendance is available to Board of Appeals Members in March. There is a tentative meeting set in September for the Board to meet with the Building Contractors. There is a study session scheduled for October 22 for practical decision making. Hearing from the community is important There being no additional business, the meeting was adjourned at 5:35 p.m. ___________________________________ Joe Calvin, Chair ___________________________________ Karin Swanlund, Recording Secretary Page 24 Town of Estes Park, Larimer County, Colorado, March 5, 2020 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 202 of the Estes Park Town Hall, on the 5th day of March, 2020. Present: Rachel Balduzzi Laurie Dale Marshall Karen Randinitis Sue Strom Nancy Almond Jodi Roman Michael Moon Also Present: Ron Norris, Town Board Liaison Jason Damweber, Assistant Town Administrator Suzanna Simpson, Recording Secretary Carlie Bangs, Trustee Absent: Christy DeLorme John Bryant Guests: Claire Bouchard, United Way of Larimer County Katherine Chu, Communities That Care/Partners Mentoring Youth Brian Schaeffer, Crossroads Ministries Kimberly Baker, Larimer County/Communities That Care Chair Dale Marshall called the meeting to order at 3:32 p.m. PUBLIC COMMENTS: Katherine Chu announced that she is resigning from her position at Larimer County/Communities That Care and joining Partners Mentoring Youth as the Prevention Education Program Manager based in Fort Collins. Kimberly Baker is taking over Communities That Care work in Estes Park on an interim basis. They are currently working on an arrangement to have a nonprofit take over the work of Communities That Care. Member Randinitis announced that the caregiver program at the library is full with a waitlist. One issue that she encountered is the lack of ASL interpreters in the area, both the issue of availability and affordability. The board discussed different resources for this accessibility barrier. Chair Dale Marshall recommends University of Colorado Boulder as Page 25 Family Advisory Board – March 5, 2020 – Page 2 a resource and Member Balduzzi recommended reaching out to the National Park Service. TRUSTEE LIAISON REPORT Trustee Norris reminded the board of the upcoming election and encouraged the members to determine which candidates will best represent the needs of the Family Advisory Board. He also wants to be sure that the Family Advisory Board has current links and resources on COVID-19 developments. The Town is working with the Larimer County Department of Health & Environment and Estes Park Health for education and resources. Assistant Town Administrator Damweber added that staff completed a tabletop exercise where different scenarios were presented. The Town has a Continuity of Operations Plan (COOP) and department directors understand their roles and how to communicate to staff. The COOP identifies which services are absolutely essential and how they would be able to provide those services with reduced staff. Public safety will continue to operate even if Town Hall is shut down, but non-essential to the event services such as visitor services will not continue. Another potential impact to the town is sales tax revenue. The discussion on fund balance allocation is postponed to see if there are any impacts to revenue. APPROVAL OF FEB MINUTES: It was moved and seconded (Moon/Randinitis) to approve the February meeting minutes and the motion passed unanimously. CONNECTION OPPORTUNITIES Chair Dale Marshall announced a candidate forum hosted by the Estes Chamber of Commerce and the Estes Park Nonprofit Resource Center to be held March 18. Vice Chair Balduzzi announced that the EP Education foundation is holding a Polar Plunge on March 7 from 10 a.m. to noon at Trout Haven. Member Almond announced that April 15 is Speak Up For Kids at the Larimer County offices in Fort Collins. April 4 is the Be Ready Fair. In the past the Town has had a presence there, as well as read a proclamation for the Month of the Young Child. She would like to know if the Family Advisory Board has any recommendations for how the Town could be represented if the proclamation is to be part of that event, also that this is a good opportunity to get feedback from families. Chair Dale Marshall will be present to represent the Family Advisory Board. Trustee Norris offered to read the proclamation. Assistant Town Administrator Damweber will follow up with the Town Clerk’s office and get back with Member Almond. Page 26 Family Advisory Board – March 5, 2020 – Page 3 An update was provided on the Boys & Girls Club that commitments for the $50,000 needed to continue operations was secured. There is a potential challenge in communicating that the summer program is still happening. Assistant Town Administrator Damweber commented that there is a need to look at the future of the program and find a way to ensure its sustainability. Assistant Town Administrator Damweber announced that the League of Women Voters is holding a forum for mayoral candidates tonight, with a forum for trustee candidates next week. Trustee Bangs shared that the Trail Gazette has published a Q&A with the candidates. Member Strom announced that the Kindergarden Round Up is May 2. Member Almond added that EVICS does backpacks for kids enrolled in preschool/childcare program and they are currently at 75 CONTINUUM OF CARE UPDATE: Claire Bouchard and Brian Schaeffer presented an update on the Continuum of Care (COC). This program was previously part of a large conglomeration of counties that received all of the federal grant funds to help those who needed assistance with food, shelter, or other resources. As of January, 2020, northern Colorado now has their own COC, serving as a coordinated effort between agencies. There was discussion around how data is collected for disbursements in Estes Park. The current count of indivudals receiving assistance is approximately 12-15 on a year-round basis, but that number goes up in the summer. Crossroads is best place to start if an individual needs assistance. Brian explained that this model helps to reduce the amount of paperwork and increases data collected on individuals who need assistance. Chair Dale Marshall asked if anonymity is possible? Brian responded that it does limit the options for services if the individual is not participating in a coordinated effort. Another benefit of the program is that the family of a participating individual is also entered into the system. The monthly meeting takes place the first Wednesday of every month from 11 a.m. to noon at Crossroads. CHILDCARE FUNDING: Assistant Town Administrator Damweber shared with board that he is trying to get up to speed on their goals and the work done to date. He is working on a childcare funding policy and will bring draft to the board for review. The policy will contain two sections– First, the Town has indicated interest in contributing to capital items such as facilities, equipment, and grants. He then wants to create a second part of the policy accounting for non-capital items that do not fall into Community Initiative Funding pool. The Boys & Girls Club is an example. Page 27 Family Advisory Board – March 5, 2020 – Page 4 Assistant Town Administrator then shared with the board that he was interested in accelerating the conversation around goals and focus areas since the strategic planning process for the Town will begin soon. It is important for the Family Advisory Board to quickly decide on the top barriers to family success as stated in the focus area for 2019 and 2020 and make solid recommendations to the Town Board. He believes a good place to start is recommending funding. He has looked at real property assets, but will need advocacy for the Town Board to consider using these facilities to increase the capacity for childcare. Trustee Bangs shared that the Transportation Advisory Board completes a priority exercise in a matrix. She will share with Executive Assistant Simpson to distribute to the Family Advisory Board. Member Moon expressed concern about the lack of community awareness for the difficulties certain populations face to live and work here. Member Roman added that while this is an issue, it might make more sense to start with solid recommendations to the Town Board for action items that can be completed soon. Trustee Bangs shared that the Transportation Advisory Board makes recommendations such as new sidewalks or roundabouts, which are implemented and have a positive impact on the community. Member Moon added that he believes awareness is more important than funding at this time. Member Bryant stated that he believes the Town Board acting on recommendations from the Family Advisory Board is a good way to raise awareness. Chair Dale Marshall thanked Assistant Town Administrator Damweber for moving the discussion forward and expressed the concern she has had about the focus on awareness and data, and the difficulty of acting until awareness has been achieved. She appreciates the direct approach from Assistant Town Administrator Damweber. Discussion continued on the need for awareness versus making a funding recommendation to the Town Board. The Family Advisory Board will call a special meeting to complete the exercise on identifying barriers to family success and be ready to firm up the recommendations at the April meeting. Executive Assistant Simpson will schedule the meeting for Thursday, March 12 and confirm with the board. Trustee Norris added that even though the April meeting will be his last, he is happy to continue assisting the Family Advisory Board with advocacy. OTHER BUSINESS: Seeing no further business, the meeting was adjourned at 5:23 p.m. NEXT MEETING The next regular meeting of the Family Advisory Board will take place Thursday, April 2 at 3:30 p.m. in room 203 at Town Hall. There is a tentative special meeting scheduled for Thursday, March 12 at 3:30 p.m. in room 203 at Town Hall. Suzanna Simpson, Recording Secretary Page 28 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: July 28, 2020 RE: Three Year Extension with Hays Companies, Inc. for Employee Benefit Services, $29,000 Annually – Pending Budget Appropriations (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To continue the Town’s relationship with Hays Companies, Inc. to provide employee benefit services for an additional three years. Present Situation: The Town currently contracts with Hay Companies, Inc. to provide employee benefit services, including medical, dental, vision, life insurance and other related services. The Town entered into an agreement on July 1, 2015 for a five year agreement pending budget appropriations. The Town completed an RFP in 2015 to seek a strong strategic partner to assist the Town with the benefits offered to the employees to ensure the Town remains competitive. Over the past five years, Hays has gone above and beyond to assist the Town in this effort and have proven to be an asset to the Town. Their partnership has grown the benefit package offered to employees while carefully considering the impacts to the Town budget. Hays has been an invaluable partner. Proposal: Staff proposes to forego an RFP process for this service and renew a three-year contract at the current rate of $29,000 annually with Hays Companies, Inc. Staff has developed an exceptional working relationship with the Hays team and finds tremendous value in maintaining the current relationship. Advantages: Continuity of operations. Staff time can be dedicated to other HR tasks if an RFP does not have to be produced, submittals evaluated and interviews held of top brokers. Page 29 Disadvantages: The Town may receive a lower cost proposal for this service from a competitor. Action Recommended: Staff recommends continuing the relationship with Hays Companies, Inc. for an additional three years. Finance/Resource Impact: Cost would remain at current levels during the next three years at $29,000 annually. Level of Public Interest Low. Sample Motion: I move to approve/deny a contract with Hays Companies Inc. for employee benefit services at a cost of $29,000 annually for three years. Attachments: 1. Insurance Services Agreement Page 30 1 INSURANCE SERVICES AGREEMENT This Insurance Services Agreement (“Agreement”) is made and entered into effective this 1st day of July 2020, by and between Hays Companies, Inc. (“Company”) and Town of Estes Park (“Client”). WHEREAS, the Client desires to retain the Company to perform certain insurance-related services as set forth in this Agreement; and WHEREAS, the Company is in the business of providing such services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Services. 1.1 General. The Client hereby retains the Company, upon the terms and conditions set forth herein, to provide the services set forth in this Agreement regarding the following lines of Health and Welfare benefits: Medical COBRA Dental Long-Term Disability Vision Employee Assistance Program (EAP) Basic/Voluntary Life/AD&D Flexible Spending Account (FSA) 1.2 Types of Services. The Company and/or its affiliates shall provide the following services to the Client under this Agreement: 1. Review the Client’s Employees Benefits Program, on a continuing basis to ensure that those plans are compliant with federal requirements and their adequacy of benefits with respect to other plans. Recommend alternative benefit designs or delivery systems as dictated by emerging plan costs or benefit practices. 2. Review and reaffirm changes to the goals and objectives of the benefit design. Notify, monitor and provides information on pending or new legislation including, but not limited to, Patient Protection and Affordable Care Act and HIPPA and changes in tax laws. Consult on benefit and funding trends that may affect the benefits program, applying assumptions to various scenarios, often with only a few hours’ notice. Advise Client of market and like business benefit trends. Recommend appropriate action to be taken by the Client’s Employee Benefits Program. 3. Annually, provide a formal analysis and benchmark report of Client’s Employee Benefits Program in comparison to competitors. 4. Provide the Client's Employee Benefits Program with (1) writing plan modifications and new plans (2) assisting in the amendment approval process (3) submitting written reports and other documents as required by the Federal Government and (4) evaluate potential benefit plan cost reductions. 5. Collect schedules from Client's TPA/carriers and prepare 5500 Forms for any and all health and welfare programs. 6. Prepare/develop “Request for Proposal” for products necessary to implement the benefit plans or for competitive analysis of marketplace costs to ensure Client receives the best possible pricing. Page 31 2 7. Manage the vendor renewal/selection process, including contract negotiations with the third-party administrator (TPA) or insurance carrier. 8. Review contracts, plan documents, summary plan descriptions, insurance policies and other documents for applicability, accuracy and consistency. Prepare and deliver necessary reports to the Client's Employee Benefits Program. 9. Prepare alternative funding analysis and conduct actuarial analysis of claims reserves and funds requirements as requested. 10. Provide any necessary actuarial services, including projecting funding needs for upcoming fiscal year. 11. Maintain records of the financial and claims experience, condition, and progress of Client’s plans and provides quarterly reports. 12. Review all benefit services for technical accuracy. 13. Participate with Client when requested in communications and actions with the insurance and healthcare reimbursement carriers; and with boards or other independent bodies. 14. Prepare the Client's Employees Benefit Program and wellness communication materials. Provide print ready communication materials. 15. Conduct employee education meetings as requested. 16. Personal availability for meetings as required. Provide a backup service person that is knowledgeable about the Employee Benefits Program. 17. Adjudication of specific claims when requested by Client. 18. Discuss and coordinate information with other consultants employed with Client when requested. 19. Participate in appropriate audits of vendors, based on a statistically valid stratified random sample that achieves a minimum 95% confidence level and prepare comprehensive and detailed reports, and recommendations of the audit findings, review results with Client’s plan administrators. The audit will include, but not be limited to, the following: o A detailed operation review of the third-party claim administrator, which includes, but is not limited to,  Claims payment system;  Claims procedure and office work flow;  Forms and communication process;  Training programs and employee evaluation process,  Exception processing;  Cost containment procedures;  Quality and quantity of procedural manuals provided to claims processing, customer service, etc.  Internal audit system;  Mail receipt and tracking;  Evaluation of the security of records and data;  Evaluation of customer service, including communication of the Plans’ benefits, policies and procedures; and  Security and override procedures relating to approval of claims and access to records. o A comprehensive, objective review of 100% of the received and processed claims to determine whether the claims are adjudicated according to contractual performance standards, appropriate benefits, and industry standards which includes, but is not limited to,  A statistically valid stratified random sample that achieves a minimum 95% confidence level;  On-site review of transactions processed by the third party claims administrator, including the reprocessing of claims to evaluate the third party claims administrators process and systems relating to such areas as: Page 32 3 eligibility, coding, pricing including proper application of allowable charge and discount arrangements, deductible accumulators, identification of duplicate bills, application of Plan benefits, COB, medical necessity, ineligible/eligible charges, compliance with the Plans’ Master Plan Document, timeliness of processing, interaction with other vendors, and file documentation; 20. Provide liaison services between Client’s Employee Benefits Program and other benefits contractors, including coordination of reporting and assistance resolving claims. 21. Prepare the quarterly financial reports for the self-funded plan. Conduct quarterly meetings, or more often if necessary, to review the financials, utilization and benefits design. 22. Manage annual open enrollment process with TPA/Carrier. 23. Prepare strategic plan for Client's Employee Benefits Program. 24. Provide ongoing customer support to address claims, billings, benefit, eligibility and other service issues. 25. Perform special projects as requested by Client. For example:  Develop and assist in implementation of new insurance plans.  Assist in drafting, reviewing, issuing and evaluating requests for proposals and invitations to bid.  Advise Client in contract negotiations and renewals.  Assist in developing the costs associated with various issues involving the benefit plans.  Assist with special employee communication projects, which may result from legislative or regulatory changes.  Prepare special reports showing claims experience. 26. Responsible for maintaining the confidentially of Client’s records and data, which cannot be sold, shared or otherwise disclosed to other companies or individuals without written permission from Client's Employee Benefits Plan Officials. 27. Assist Client with the development of performance guarantees relating to vendors’ performance of services to the Client’s Benefits Plan Administrator and evaluate the performance of vendors. 28. Provide medical and dental management oversight including, but not limited to precertification requirements, paid claims, prescription drug utilization and high cost claims/stop loss. 29. Assist Client with wellness programs and provides continuing consultative services for the development and improvement of Client’s wellness program. 30. Provide recommendations on voluntary benefit plans. 1.3 Information. The Company shall make available to the Client upon its request documents and information reasonably requested relating to the Client’s account. The Client shall provide to the Company all information reasonably requested by the Company to fulfill its obligations under this Agreement. The Client shall report to the Company any material changes in its exposures, loss or other relevant items which are pertinent to the provision of services under this Agreement. The Company may rely on all information provided by the Client and on all decisions made and approvals given by the Client about this Agreement. The Company is under no obligation to verify the accuracy or completeness of the information provided by the Client, and the Company shall have no liability or responsibility for any inaccuracies in the information provided by the Client. The Company may supply information provided by the Client to any insurance company or intermediary or employee as necessary to fulfill its obligations under this Agreement but will otherwise take reasonable steps to ensure the confidentiality of such information. Page 33 4 1.4 Placement of Insurance. The Company is hereby authorized to assist the Client in discussions and transactions with insurance companies, provided that the Company shall not place any insurance coverage on behalf of the Client unless authorized by the Client to do so. The parties acknowledge that the Company sells insurance and that the Client is under no obligation to purchase any insurance through the Company and that the Company does not have the authority to make binding commitments on behalf of any insurance company. Upon request, the Company shall provide to the Client additional information about its licensure status and the companies by which it is appointed to sell insurance. 1.5 Additional Available Services. The Company may be able to make available to the Client, for an additional negotiated fee, additional services. The Client may consult with the Company if it needs additional services. 2. Compensation. The Client shall pay to the Company the following negotiated fees, which the parties agree are reasonable in relation to the services to be performed under this Agreement: 2.1 Fees. Company will perform its services on a fee basis. Client shall pay the Company an annual fee of $29,000.00, payable monthly. Client shall remit payment to the Company within thirty (30) days of receipt of each such invoice, if applicable. Annual fee will be guaranteed not to increase until July 1, 2023. 2.2 Substantial Changes. If there are significant changes in the Client’s operations which materially affect the nature and scope of the Company’s obligations under this Agreement, the Company and the Client shall negotiate in good faith an appropriate modification of the fees payable under this Agreement. 3. Term of Agreement. 3.1 Duration. This Agreement shall remain in effect for three (3) years after the effective date and may be extended for subsequent periods by mutual written agreement of the parties. 3.2 Termination. The Company or the Client may terminate this Agreement without cause at any time upon thirty (30) days written notice. Either party may terminate this Agreement without notice and for cause, which shall include a material breach of this Agreement, including non-payment of fees, gross negligence, or illegal act by the other party. In the event of an early termination of this Agreement, the Company’s fee will be deemed earned on a pro-rata basis except when policies of insurance have been substantially negotiated or placed, in which event, the minimum earned fee shall be no less than 50% of annual fee stated in paragraph 2.1. 4. Sources of Insurer Compensation. The Company may, whether related or unrelated to the services provided under this Agreement, be compensated from insurance companies in a variety of ways, including the following: 4.1 Regular Commissions. Insurance companies with which the Company places business generally pay the Company commissions for the placement or renewal of policies. In most cases, such commissions are calculated as a percentage of the premium paid to the insurance company for a specific policy and are included in the Client’s premium costs. Occasionally the commission may be a fixed amount negotiated between the Company and the insurance company. Page 34 5 4.2 Contingent Commissions and Other Incentive Payments. Many of the insurers with which the Company places business grant the Company the opportunity to receive contingent commissions or supplemental income. Unlike regular commissions, contingent commissions and supplemental income are not tied to a specific policy, but rather are generally tied to various criteria relating to the overall business the Company places with those insurers, typically measured on an annual basis. These contingent commissions and supplemental income may be based on several factors relating to the business placed by the Company with the insurance company, including growth in premium, loss ratios, total written premium, premium volume, retention of business, profitability and/or other criteria. In connection with the placement of insurance, the Company may also receive compensation from intermediaries, such as wholesalers, other agencies and brokers, or re-insurers. In addition, some insurance companies offer the Company other incentives or payments, such as marketing or administrative support, promotional fees, educational costs, and/or prizes, gifts, or awards (e.g. meals, trips, etc.). In some cases, the Company may enter into relationships with an insurance company whereby the Company provides the insurer with additional services for which the Company receives a fee, such as premium finance contracts, policy or claims administration, or loss control services. In some cases, the Company may own stock in an insurance company or reinsurance company. 4.3 Interest Income. In some cases, where the Client pays for insurance policies through the Company, instead of by direct payment to the insurance company which issued the policy, the Company may receive income from interest occurring on amounts held for payment to insurers. 4.4 Additional Information Available. The Company will disclose to the Client upon its request, to the extent reasonably possible, the actual or anticipated compensation the Company receives in connection with the issuance or placement of insurance business on behalf of the Client and will upon the Client’s request provide additional information about the Company’s contingency fee and supplemental income arrangements with insurance companies. 5. Miscellaneous. 5.1 Independent Contractor Status. This Agreement is one of an independent contractor relationship and does not constitute any type of employment, partnership, joint venture, or similar undertaking between the Company and Client. 5.2 Legal Responsibility. Neither party shall have liability for any failure or delay in performance of its obligations under this Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, fires, floods, earthquakes, acts of war or terrorism, civil disturbances, sabotage, etc. The Company shall not be responsible for the solvency or claims payments or denials of any insurance company. The Company shall not be responsible for the adequacy or effectiveness of any insurance policies or programs arranged by another broker prior to the retention of the Company. Within four (4) months after being retained by the Client, however, the Company shall review the Client’s existing insurance programs and policies and make recommendations to the Client concerning its insurance programs. The Company shall not be liable for any special, consequential, or punitive damages or for any lost profit or other economic loss in connection with, or arising out of, services provided under this Agreement. Page 35 6 5.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflicts or choice of law principles. 5.4 Entire Agreement. This Agreement constitutes the entire and complete understanding of the parties with respect to the subject matter contained herein and supersedes all prior oral or written agreements, understandings, and negotiations with respect to such matters. This Agreement may be modified or amended only in a writing signed by the parties. 5.5 No Waiver. No failure or delay on the part of any party in exercising any of its rights, powers, or remedies hereunder shall operate as a waiver thereof. 5.6 Assignments. This Agreement may not be assigned by either party without the prior written consent of the other. 5.7 Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if the invalid or unenforceable provision had been omitted. 5.8 Taxpayer Bill of Rights (TABOR). All of the Client's financial obligations under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of the Client's credit, or a payment guarantee by the Client to the Company. COMPANY: Hays Companies, Inc. By:_______________________________________________ Its:_______________________________________________ Print Name: _______________________________________ CLIENT: Town of Estes Park By:_______________________________________________ Its:_______________________________________________ Print Name: ________________________________________ Page 36 Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Utilities Director Bergsten Date: July 28, 2020 RE: Resolution 47-20 Approving the Second Amendment to the Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study between Platte River Power Authority, Fort Collins, Longmont, Loveland and Estes Park ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT X RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES NO Objective: Improve the quality of service by attracting and retaining staff with competitive wages. Being good stewards of electric customer funding by consolidating common work with Platte River Power Authority, Fort Collins, Longmont, and Loveland. Present Situation: In 2013 the four municipalities and PRPA collaborated on compensation studies to determine current market wages for the electric industry. This helps the municipalities and PRPA by staying competitive with wages which will help us attract and retain qualified individuals with knowledge, skills, and abilities to enhance our mission of providing high quality and reliable service. Electric Power staff turn-over has been a systemic problem. Over the past 10 years, we have only been able to hire two Journey Lineworkers. We have instead, hired apprentice lineworkers, investing four to five years in training and approximately $352,000 each for them to become Journey Lineworkers. Over that same period, 17 of those apprentices left Estes Park. The following images illustrate the 2019 movement of staff for the four municipalities and the lost investment. UTILITIES Page 37 Proposal: Staff proposes approval of the IGA. Advantages: ●Help us to have more data for the Town’s competitiveness with similar entities ●Minimal cost for a wage study is specific to the power and communications field Page 38 Disadvantages: ●There is a cost to study; however, Electric Power staff turn-over has a larger cost Action Recommended: Staff recommends approving the IGA. Finance/Resource Impact: $875.69, budgeted Level of Public Interest Low Sample Motion: This will be on the consent agenda. Should it be removed the following sample motion could be used. I move to approve/deny Resolution 47-20. Attachments: 1.Resolution 47-20 2.Intergovernmental Agreement Page 39 RESOLUTION 47-20 A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND COORDINATION OF A JOINT COMPENSATION STUDY WHEREAS, the Town Board desires to enter the intergovernmental agreement referenced in the title of this resolution for the purpose of consolidating work at Platte River Power Authority, supporting operations at Fort Collins, Longmont, Loveland and Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 40 Page 1 of 5 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND COORDINATION OF A JOINT COMPENSATION STUDY This Second Amendment to the Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study (“Amendment”) is made and entered on the _______ day of _____________, 2020, by and between Platte River Power Authority, a Colorado political subdivision (“Platte River”), the Town of Estes Park (“Estes Park”), the City of Fort Collins, a Colorado municipal corporation (“Fort Collins”), the City of Longmont, a Colorado municipal corporation (“Longmont”), and the City of Loveland, a Colorado municipal corporation (“Loveland”). The listed municipalities may be referred to collectively as “Municipalities”. RECITALS a.In order to attract and maintain employees with the unique skills necessary to manage and operate retail electric distribution systems, the Municipalities previously recognized a common need for reliable data reflecting the compensation levels offered by utilities with whom the Municipalities compete for employees. b.The parties entered into an Intergovernmental Agreement for the Funding and Coordination of a Joint Compensation Study, dated April 11, 2013, and amended on November 20, 2017, to combine resources for the preparation of a joint compensation study (“IGA”). c.The parties desire to amend the IGA to combine resources for the preparation of an updated joint compensation study. d.The results of an updated compensation study related to electric distribution utility systems has no relevance to Platte River, but Platte River is willing to pay for one half the total cost of the updated compensation study and to coordinate the performance of the updated compensation study for the benefit of the Municipalities provided it is reimbursed for the remaining balance of costs incurred in retaining a third-party consultant to conduct the research. AGREEMENT 1)Platte River agrees to pay for one half of the total cost of the updated compensation study and to coordinate the performance of an updated joint compensation study for the benefit of the Municipalities. Coordination will include activities undertaken in conjunction with the Municipalities, including but not limited to, developing a mutually agreeable scope of work and contracting with the consultant that will perform the joint compensation study update. 2)The Municipalities agree to reimburse Platte River for the remaining balance of amounts paid to the consultant under the contract to perform the joint compensation study update, such amounts to be calculated pursuant to EXHIBIT A, attached hereto, and replacing EXHIBIT A attached to the IGA. Platte River will bill each of the Municipalities separately, with payment due twenty (20) days after receipt of the billing. 3)Unless specifically amended by this Amendment, all terms and conditions of the IGA shall remain the same. ATTACHMENT 2 Page 41 Page 2 of 5 4)This Amendment may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one original agreement. 5)If any term or provision of this Amendment shall be adjudicated to be invalid, illegal or unenforceable, this Amendment shall be deemed amended to delete therefrom the term or provision thus adjudicated to be invalid, illegal or unenforceable and the validity of the other terms and provisions of this Amendment shall be not affected thereby. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year set forth above. PLATTE RIVER POWER AUTHORITY ATTEST: By: ________________________ By: ________________________ General Manager/CEO Secretary APPROVED AS TO FORM: By: ________________________ Deputy General Counsel TOWN OF ESTES PARK, COLORADO ATTEST: By: ________________________ By: _______________________ Mayor Town Clerk CITY OF FORT COLLINS, COLORADO ATTEST: By: ________________________ By: _______________________ City Manager City Clerk APPROVED AS TO FORM: By: ________________________ Deputy City Attorney Page 42 Page 3 of 5 CITY OF LOVELAND, COLORADO ATTEST: By: ________________________ By: _______________________ City Manager City Clerk APPROVED AS TO FORM: By: ________________________ Assistant City Attorney CITY OF LONGMONT, COLORADO ATTEST: By: ________________________ By: _______________________ Mayor City Clerk APPROVED AS TO FORM AND SUBSTANCE: By: ________________________ Director of Longmont Power & Communications APPROVED AS TO FORM: By: ________________________ Assistant City Attorney PROOFREAD: By: ________________________ Page 43 Page 4 of 5 EXHIBIT A The actual costs of retaining an independent consultant to perform the updated Joint Compensation Study will be split among Platte River and the Municipalities according to the following formula: 1) one half of the actual costs will be paid by Platte River; and 2) one half of the actual costs will be apportioned among the Municipalities in proportion to equity share of energy sales from Platte River to each Municipality during 2018. The total of actual costs will not exceed $42,000.00 absent written modification of this EXHIBIT A. Attached is an example of the cost responsibility for Platte River and the Municipalities based on the actual costs of the updated Joint Compensation Study being $42,000.00 Page 44 Page 5 of 5 PLATTE RIVER POWER AUTHORITY 2020 Compensation Study Allocation Shared with Municipalities Costs Based on $42,000 Estimate (Costs Share ½ Platte River and ½ Municipalities Based on Equity Share of 2018 MWh Sales) Party Share of First $21,000 2018 Energy Sales (MWh) Equity Share of 2018 Energy Sales Share of second $21,000 Party Share Platte River $21,000.00 - - $0.00 $21,000.00 Estes Park $0.00 132,722,351 4.28% $898.80 $898.80 Fort Collins $0.00 1,545,583,315 48.06% $10,092.60 $10,092.60 Longmont $0.00 807,217,867 26.10% $5,481.00 $5,481.00 Loveland $0.00 743,016,235 21.56% $4,527.60 $4,527.60 Total $21,000 3,228,539,768 100% $21,000 $42,000 Page 45 Page 46 Utilities/Water Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Utilities Director Bergsten, Attorney Kramer Water Superintendent Eshelman Date: 28 July, 2020 RE: Resolution 48-20 Water Supply Agreement with Gunter and Gloria Preuss of Saddle Notch Ranch (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Support the environmental condition of rivers and the economic conditions of our surrounding area by supplying replacement water. Present Situation: The State regulates the use of water to ensure the rivers are "kept whole." Most water users must replace the water consumed and not returned to the stream or aquifer. A Water Court-approved Augmentation Plan provides the ability to replace the consumed water. The Town has several agreements to provide replacement water, including; Glacier View, the Continental Water Bank, Marys Lake Campground, Cheley Camp, and, most recently, the Idlewild Water Users Association. The augmentation plan for Saddle Notch Ranch requires 1 acre-foot of replacement water each year. We have sufficient water rights to meet the Saddle Notch Ranch obligations. The financial compensation is consistent with the market value of the water and covers our administrative costs. Proposal: The Water Supply Agreement for Saddle Notch Ranch compensates the Water Division $120,000 for one acre-foot of replacement water per year. The agreement's duration is fifty-years with an option to extend it for an additional fifty years. Page 47 Advantages: Replacement water keeps the river whole which supports the Town's mission be good stewards of our natural setting Providing replacement water for augmentation plans preserves the property value of our surrounding communities. The funds will help the Water Division with its $70 million backlog of capital replacement projects. Disadvantages: The agreement can last for 100 years; however, the original agreement was in perpetuity which we did not agree with There will be associated expenses; however, the agreement compensates for those expenses and, overall, has a net gain by monetizing a small portion of our water rights with little to no risk Action Recommended: Staff recommends approval Finance/Resource Impact: Water Division revenue increase of $120,000 Level of Public Interest Low Sample Motion: I move for the approval/denial of the resolution Attachments: 1. Resolution 48-20 Approving the Water Supply Agreement with Gunter and Gloria Preuss of Saddle Notch Ranch 2. Water Supply Agreement (Executed by Preusses) 3. Escrow Agreement (Executed by Preusses) Page 48 RESOLUTION 48-20 APPROVING THE WATER SUPPLY AGREEMENT WITH GUNTER AND GLORIA PREUSS OF SADDLE NOTCH RANCH WHEREAS, the Town acting by and through its Water Activity Enterprise desires to enter into the Water Supply Agreement to provide replacement water for the Saddle Notch Ranch augmentation plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the Water Supply Agreement in substantially the form now before the Board. DATED this day of , 2020 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 49 1 WATER SUPPLY AGREEMENT THIS WATER SUPPLY AGREEMENT, ("Agreement") is made and entered into as of the ____ day of July, 2020, by and between the TOWN OF ESTES PARK, a Colorado a municipal corporation (the “Town"), and Gunter and Gloria Preuss (the "Preusses”). The Town and the Preusses are jointly referred to herein as the (“Parties”). WITNESSETH: WHEREAS, the Town is the owner of units of Windy Gap Project Water ("Windy Gap Water”) as such units are defined in the Allotment Contract between the Municipal Subdistrict of the Northern Colorado Water Conservancy District ("'Municipal Subdistrict") and the Town. The Town utilizes its Windy Gap Water as part of an augmentation and exchange plan decreed in Case No. 97CW126, District Court, Water Division 1. WHEREAS, the Preusses own the Saddle Notch Ranch (“Ranch”) as legally described on the attached Exhibit A. On the Ranch there are three ponds that are filled with water from springs or surface water tributary to, or part of, Saddle Notch Gulch which in turn is tributary to Cottonwood Creek, a tributary of Dry Creek which is tributary to the Big Thompson River. WHEREAS, the Preusses are in need of supply water to replace or augment the depletions to the Big Thompson River caused by the evaporation of water from the ponds on the Ranch. WHEREAS, pursuant to this Agreement, the Preusses seek to secure from the Town a source of water to use as replacement or augmentation water in an augmentation plan (“Augmentation Plan”) to be filed in the District Court for Water Division 1, State of Colorado (“Water Court”). WHEREAS, the Town is willing to provide up to one acre-foot annually of the Town's reusable Windy Gap Water (“Windy Gap Effluent”) plus transit losses to the Preusses to be used as augmentation water (“Augmentation Water”) in the Augmentation Plan, in accordance with the terms and conditions of this Agreement. Transit losses to the point of replacement (the confluence of the Big Thompson River and Dry Creek) will be assessed by the District 4 Water Commissioner but the Town shall not be responsible for more than one twentieth (0.05) of an acre foot annually. WHEREAS, there is a possibility that prior to the Augmentation Plan being approved by the Water Court, the Preusses will request the Town to release up to 1.05 acre feet of Augmentation Water annually as part of a temporary administrative approval of a Substitute Water Supply Plan (“SWSP”) and the Parties desire to anticipate that contingency. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the Preusses hereby agree as follows: ATTACHMENT 2 Page 50 2 1.Term. The term of this Agreement shall be for fifty years commencing on the date of the entry of a final unappealable decree by the Water Court approving the Augmentation Plan (“Initial Term”). The Preusses, their successors and assigns may extend the term of this Agreement for one additional fifty year term (“Extended Term”) by giving a written notice of an extension (“Notice to Extend”) to the Town within ninety (90) days before the expiration of the Initial Term of the Agreement along with a payment of ten dollars ($10). If the Town does not receive the Notice to Extend in a timely fashion during the Initial Term, it shall provide a notice of expiration (“Notice of Expiration”) to the Preusses and the Preusses shall have thirty (30) days to provide a Notice of Extension to the Town (“Cure Period”). If the Preusses fail to provide the Notice of Extension during the Cure Period, this Agreement shall be terminated and the obligation to provide Augmentation Water to the Big Thompson River will have ceased. If at any time during the Initial Term or the Extended Term, the Town believes that the Preusses are not obligated to provide the Augmentation Water to the Big Thompson River pursuant to the Augmentation Plan, the Town may give notice to the Preusses and the Preusses shall have thirty (30) days to provide the Town with a notice that the obligation remains (“Notice of Contest”). If the Preusses do not provide the Notice of Contest, the Agreement shall be terminated. If the Preusses provide the Notice of Contest, the Agreement shall continue in full force until the Preusses agree to a termination or a final unappealable court order is entered determining that the Augmentation Plan is not in effect and the obligation to provide Augmentation Water to the Big Thompson River has ceased. 2.Release of Augmentation Water. The Town agrees to release the Augmentation Water to the Big Thompson River during the term of this Agreement. The Preusses shall provide the Town an estimate of anticipated monthly Augmentation Water requirements, and the Parties shall coordinate with each other and the District 4 Water Commissioner as necessary concerning the amount and timing of the release of the Augmentation Water. 3.Use of Augmentation Water. The Augmentation Water shall only be used pursuant to the Augmentation Plan. The Augmentation Water shall not be sold, transferred, exchanged, traded, or otherwise disposed of by the Preusses. 4.Delivery of and Accounting for Augmentation Water. The Town shall be responsible for delivery of the Augmentation Water to the Big Thompson River in accordance with the District 4 Water Commissioner's requests. The Town, if requested, shall provide an accounting of the releases. The Preusses shall be responsible for any accounting that is required to be filed pursuant to the Augmentation Plan. 5.Consideration. Upon execution of this Agreement, the Preusses shall: 1. Deposit thirty thousand dollars ($30,000) into an escrow account (the “Escrow Account”); and 2. Pay to the Town two thousand five hundred dollars ($2,500) to reimburse the Town for its administrative costs and attorneys’ fees in entering into this Agreement. Within fifteen (15) days after the entry of a final unappealable decree by the Water Court approving the Augmentation Plan, the Escrow Agent shall release the funds in the Escrow Account including any accrued interest to the Town and the Preusses shall pay to the Town by wire transfer or certified funds ninety thousand dollars ($90,000). If within fifteen (15) days after the entry of a final unappealable decree by the Water Court approving the Augmentation Plan the Town has not received the ninety thousand dollars ($90,000) payment from the Page 51 3 Preusses the Town shall have the right to terminate this Agreement after it has given notice of intent to terminate to the Preusses or their assigns pursuant to Paragraph 7 below unless the ninety thousand dollar ($90,000) payment is received by the Town within the thirty (30) day cure period. In the event of such a default by the Preusses, the Town shall be entitled to retain the thirty thousand dollars ($30,000) and this Agreement shall be terminated. If no final unappealable decree is entered by the Water Court approving the Augmentation Plan on or before December 31, 2023, or if the Augmentation Plan is withdrawn or dismissed, the Escrow Agent shall return the funds in the Escrow Account to the Preusses or their assigns, and this Agreement shall terminate and be of no force or effect. The Escrow Account shall be managed by Colorado Escrow and Title Services, Inc., (the “Escrow Agent”) pursuant to the terms of the Escrow Agreement attached to this Agreement. Unless and until the Town receives the payments specified above, it shall be under no obligation to provide or release any Augmentation Water. If the Agreement is terminated, the Town shall have no obligation to provide or release the Augmentation Water. 6.Releases Pursuant to a SWSP. If the Town is requested by the Preusses to make releases of Augmentation Water before the entry of a final unappealable decree by the Water Court approving the Augmentation Plan, the Preusses shall make payment to the Town of two thousand five hundred dollars ($2,500) for releases while the Augmentation Plan is pending in the Water Court. 6.Costs and Charges. The Town shall be responsible for payment of all carriage, pumping, and Bureau of Reclamation charges allocated and accrued to the Windy Gap Water. The Town shall also be responsible for any firming or collateralizing expenses, which it incurs as a result of its firming the yield of its Windy Gap Water due, without limitation, to storage of water or borrowing of Colorado Big Thompson Water. 7.Remedies for Default. A default shall be deemed to have occurred if either party breaches its obligations hereunder and fails to cure such breach within thirty (30) days of the non- breaching party’s written notice, specifying the breach. Waiver or failure to give notice of a particular default or defaults shall not be construed as condoning or acquiescing to any continuing or subsequent default. In addition to other legal remedies available to it for a default, including specific performance and damages. 8.Force Majeure. In the event the Town’s performance under this Agreement is prevented due to a Force Majeure Event (a “Force Majeure Event”), then the performance by the Town shall be delayed until the Force Majeure Event allows the Town’s performance, provided that the Town must send written notice to the Preusses within twenty (20) days of the occurrence of a Force Majeure Event. The term “Force Majeure Event” shall mean actual events occurring beyond the reasonable control of the Town, notwithstanding diligent efforts, such as, but not limited to, acts of God; severe and unusually adverse weather conditions; severe drought or conditions existing in anticipation of a severe drought; delays in obtaining any necessary governmental approvals or permits beyond normal process times; any delay, war, terrorism or its after effects; fire or other casualty; strikes or work stoppages which prevent the Town from performing its obligations under this Agreement. Page 52 4 9.Recordation and Successors and Assigns. This Agreement shall be recorded in the real estate records of Larimer County, Colorado and shall bind and benefit the heirs, successors and assigns of the Preusses in the ownership of the Ranch as described in Exhibit A. 10.Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the Parties regarding the subject matter of this Agreement. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the Parties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in an instrument delivered pursuant to this Agreement. 11.Full Authority. The undersigned represent that they have full authority to enter into this Agreement on behalf of the respective Parties. 12.Enforcement. This Agreement shall be construed and governed in accordance with the laws of the State of Colorado, and it shall be deemed performable in Larimer County, Colorado. This Agreement may be enforced in an action for specific performance, injunctive relief, or damages in the District Court, Larimer County, Colorado. 13.Paragraph Headings. The headings of the paragraphs of this Agreement are inserted solely for the convenience of reference and are not a part of and are not intended to govern, limit, or aid in the construction of any term or provision herein. 14.No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Preusses and the Town and no third party shall be entitled to the benefit or any of the provisions of this Agreement. 15.Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, by the Town of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 16.Appropriation. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Agreement in any fiscal year in which no such appropriation is made. Page 53 5 17.Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be delivered by United States certified mail, postage prepaid, or by hand delivery, directed to the following addresses: LESSEES: LESSOR: Gunter Preuss The Town of Estes Park 4004 Medford Drive, Loveland, Colorado 80538 With a copy to: Jeff Kahn Lyons Gaddis P.O. Box 978 Longmont, Colorado 80502-0978 If by overnight delivery or hand delivery: 515 Kimbark Street, 2nd Floor Longmont, Colorado 80502 Attn: Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 Any such notice shall be deemed to be effective on the earlier date of its actual receipt or the third day after the same is deposited with the United States Postal Service. Either party, by notice given as provided above, may change the person and/or the address to which future notices are to be sent. (Balance of page intentionally left blank) . Page 54 Page 55 7 The Town of Estes Park By: Wendy Koenig Title: Mayor ATTEST: ________________________________ Jackie Williamson, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2020, by Wendy Koenig, as Mayor of the Town of Estes Park, Colorado. My commission expires . Witness my hand and official seal. ____________________________________ Notary Public Page 56 Exhibit A Saddle Notch Ranch Legal Description Property Description (Saddle Notch Ranch Parcel 1): That portion of Section 14, Township 5 North, Range 71 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows; The North Half of the Northwest Quarter of said Section 14, the Northwest Quarter of the Northeast Quarter of said Section 14, the South Half of the Northeast Quarter of said Section 14, also that portion of the South Half of said Section 14 described as follows; BEGINNING at the Center corner of said Section 14; thence along the East-West Centerline of said Section 14, South 89°37'00" East 746.56 feet; thence departing said Centerline, South 13°50'16" West 538.90 feet; thence North 84°19'00" West 390.72 feet; thence North 34°55' 15" West 492.17 feet; thence North 31 °35'26" East 100.96 feet to the POINT OF BEGINNING; EXCEPTING therefrom; that portion of the South Half of the Northeast Quarter of Section 14, Township 5 North, Range 71 West of the 6th P.M., County of Larimer, State of Colorado, containing 35. 15 acres, more or less, being more particularly described as follows; Considering the South line of the Northeast Quarter of said Section 14 as bearing North 89°35'3l" West and with all bearings contained herein relative thereto; BEGINNING at the Southeast corner of the Northeast Quarter of said Section 14; thence North 64°54'57" West 2001.32 feet; thence North 234.51 feet; thence East 492.47 feet, more or less, to a point on a line that bears South from the Northwest corner of Southeast Quarter of the Northeast Quarter of said Section 14; thence North along said line to the Northwest corner of Southeast Quarter of said Northeast Quarter; thence Easterly along the North line of the Southeast Quarter of said Northeast Quarter to the Northeast corner of the Southeast Quarter of said Northeast Quarter; thence Southerly along the East line of the Southeast Quarter of said Northeast Quarter to the Southeast corner of the Northeast Quarter of said Section 14 and the POINT OF BEGINNING. Property Description (Saddle Notch Ranch Parcel 2): That portion of the South Half of the Northeast Quarter of Section 14, Township 5 North, Range 71 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows; Considering the South line of the Northeast Quarter of said Section 14 as bearing North 89°35'3l" West and with all bearings contained herein relative thereto; BEGINNING at the Southeast corner of the Northeast Quarter of said Section 14; thence North 64°54'57" West 2001.32 feet; thence North 234.51 feet; thence East 492.47 feet, more or less, to a 8 Page 57 point on a line that bears South from the Northwest corner of Southeast Quarter of the Northeast Quarter of said Section 14; thence North along said line to the Northwest corner of Southeast Quarter of said Northeast Quarter; thence Easterly along the North line of the Southeast Quarter of said Northeast Quarter to the Northeast corner of the Southeast Quarter of said Northeast Quarter; thence Southerly along the East line of the Southeast Quarter of said Northeast Quarter to the Southeast corner of the Northeast Quarter of said Section 14 and the POINT OF BEGINNING. The above described parcel contains 35.15 acres, more or less, and is subject to any existing easements and/or rights of way of record. 9 Page 58 (2/02/17) ESCROW AGREEMENT This Escrow Agreement (“Escrow Agreement”) is made and entered into as of this ______ day of _____________, 2020, by and between, Gunter and Gloria Preuss, individuals, whose mailing address is 4004 Medford Drive, Loveland, Colorado 80538 (the “Preusses”) and the town of Estes Park a municipal corporation (the “Town”), and Colorado Escrow and Title Services, Inc., as escrow agent (“Escrow Agent”). Recitals A.The Preusses and the Town are parties to that certain Water Supply Agreement dated _________________, 2020 (“Agreement”), pursuant to which the Town agreed to provide for use by the Preusses up to 1.05 acre feet of augmentation water annually pursuant to the terms of the Agreement. B.In accordance with the Agreement, upon mutual execution of the Agreement, the Preusses shall deposit thirty thousand dollars ($30,000) (“Escrow Deposit”) with the Escrow Agent, which Escrow Deposit shall either be released to the Town or to the Preusses as described in Section 3(a), below. C.The parties now wish to enter into this Escrow Agreement to set forth the terms and conditions upon which the Escrow Deposit will be deposited into escrow and disbursed by the Escrow Agent. Agreement NOW, THEREFORE, in consideration of the recitals, which are incorporated herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1.Definitions. All capitalized terms used but not defined in this Escrow Agreement will have the meanings set forth for such terms in the Purchase Agreement. 2.Deposit of Escrowed Funds. Within three (3) days of mutual execution of the Agreement, the Preusses will deposit with the Escrow Agent thirty thousand dollars ($30,000) (“Escrowed Funds”) to be held in a non-interest bearing account pursuant to terms of this Escrow Agreement and the Agreement. 3. Disbursement of Escrowed Funds. (a)Disbursement to the Town. i. Upon receipt by the Escrow Agent of notice from the Preusses of the entry of a final unappealable decree by the Water Court for the Augmentation Plan as set forth in the Agreement, the Escrow Agent shall promptly disburse the Escrowed Funds to the Town; or ii. Upon receipt by the Escrow Agent notice from the Town of the entry of a final unappealable decree by the Water Court for the Augmentation Plan as set forth in the Agreement and the passage of fifteen (15) days since the entry of the Augmentation Decree became final and unappealable, the Escrow Agent shall provide a copy of that notice to the Preusses and unless the Preusses provide a notice of objection to the Escrow Agent and the Town within fifteen (15) days of receipt of the notice from the Escrow Agent, the Escrow Agent shall release the Escrowed Funds to the Town. ATTACHMENT 3 Page 59 2 (b)Disbursement to the Preusses. In the event that the Escrow Agent receives notice from the Preusses that they have withdrawn the application for approval of the Augmentation Plan, or the Augmentation Plan has not been approved by the Water Court on or before December 31, 2023, or that the application for approval for the Augmentation Plan has been denied by the Water Court, the Escrow Agent shall provide a copy of the notice to the Town and unless the Town provides a notice of objection to the Escrow Agent and the Preusses within fifteen (15) days of receipt of the notice from the Escrow Agent, the Escrow Agent shall release the Escrowed Funds to the Preusses. 4. Closing Fees. The Preusses shall pay the fees for services of the Escrow Agent. 5. Termination of Escrow. After the Escrow Agent has disbursed all of the Escrowed Funds, then the escrow account shall be closed, this Agreement shall terminate, and the Escrow Agent shall be released from all obligations under this Agreement. If the Escrow Agent has not disbursed all of the Escrowed Funds in accordance with this Agreement on or before 5:00 P.M. on January 31, 2024, the Escrow Agent shall deposit all of the Escrowed Funds with the District Court of Larimer County, Colorado and proceed to close the escrow account. 6.Disputes. In the event of a dispute between the Preusses and the Town as to their respective rights and interests hereunder, the Escrow Agent shall be entitled to hold the Escrowed Funds until such dispute has been resolved by the Preusses and the Town, and the Escrow Agent shall have been notified by instrument jointly signed by the Preusses and the Town or until such dispute has been finally adjudicated by a court of competent jurisdiction. If the Escrow Agent reasonably determines there is a dispute relating to this Agreement, and that as a consequence of such dispute compliance with the terms of this Agreement will result in additional liability to it, the Escrow Agent may deposit the Escrowed Funds and all documents delivered to the Escrow Agent with the District Court of Larimer County, Colorado, interplead all of the interested parties in such action, and thereafter be released from any further obligations with respect to these items other than complying with any validly issued order of such Court. The parties hereby consent to the venue and jurisdiction of such court. 7.Liability of Escrow Agent. The Escrow Agent hereby consents and agrees to all of the provisions hereof, and agrees to accept, as Escrow Agent hereunder, all Escrowed Funds, and agrees to hold and dispose of the Escrowed Funds in accordance with the terms and provisions hereof. It is agreed that the Escrow Agent shall have no obligation or liability hereunder except as a depositary to retain the Escrowed Funds and to dispose of the same in accordance with the terms hereof. The Escrow Agent has no duty or obligation to independently verify use of the disbursed Escrowed Funds. The Escrow Agent shall be entitled to rely and act upon any written instrument received by it, and if from a corporation or other entity, purporting to be executed by an officer, member, manager or authorized representative thereof and shall not be required to inquire into the authority of such officer, member, manager or representative or the correctness of the facts stated in said instrument. By executing this Agreement, the Escrow Agent agrees to act in good faith in the performance of any of its obligations and duties under this Agreement and shall incur no liability to any person for its acts or omissions hereunder, except for those acts or omissions which may result from its gross negligence or willful misconduct. Upon disposition by the Escrow Agent of the Escrowed Funds in accordance with the terms hereof, the Escrow Agent shall be fully and finally released and discharged from any and all duties, obligations, and liabilities hereunder. Page 60 3 8.Severability. Any provision of this Agreement which is declared by a court of competent jurisdiction to be illegal, invalid, prohibited or unenforceable will be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating the remaining provisions hereof. 9.Notices. Any notice required or permitted to be sent pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or three (3) days after having been deposited in a U.S. Postal Service depository and sent by registered or certified mail, return receipt requested, with all required postage prepaid, or one day after having been deposited with Federal Express or another comparable national overnight delivery service with next-business-day delivery service prepaid, or on the date and at the time shown on the e-mail message if sent by electronic mail, and in any case, addressed to: Preusses: Gunter and Gloria Preuss 4004 Medford Drive Loveland, Colorado 80538 with copy to: Jeff Kahn Lyons Gaddis P.O. Box 978 Longmont, Colorado 80502 jkahn@lyonsgaddis.com Town: The Town of Estes Park Attn: Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 ESCROW AGENT: Colorado Escrow and Title Services, LLC Attn: Kelley Abernathy 520 Main Street, Suite C Longmont, Colorado 80501 KAbernathy@coloescrow.com 10.Governing Law. This Agreement shall be governed by the laws of Colorado, and venue shall lie exclusively in Larimer County, Colorado. 11.Modification. This Agreement may only be modified or supplemented by an instrument in writing executed by duly authorized representatives of the parties. Page 61 4 12. Captions. All captions, headings, titles and numerical references are for convenience only and shall have no effect on the interpretation of this Agreement. 13.Binding Effect. This Agreement will inure to the benefit of and be binding upon each of the parties hereto and their respective successors and assigns. 14. Counterparts. This Agreement may be executed in counterparts, each of which will constitute an original, but all of which, when taken together, will constitute but one agreement. Executed copies hereof may be delivered by telecopier, email or other electronic means and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. The parties hereto have duly executed this Escrow Agreement as of the date first set forth above. Page 62 Page 63 Page 64 FINANCE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Director Hudson Date: July 28, 2020 RE: Resolution 49-20 IGA with CO Dept of Human Services authorizing participation in the Low-Income Energy Assistance Program (LEAP) (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approve Resolution 49-20 authorizing the Mayor to sign the intergovernmental agreement (IGA) to participate in the Low-Income Energy Assistance Program (LEAP) for the next five winters beginning October 1, 2020 through September 30, 2025. Present Situation: The Colorado Department of Human Services (DHS) administers the national Low- Income Energy Assistance Program (LEAP) within Colorado. Individuals apply for benefits through DHS and once approved, they receive financial assistance to help them pay for their winter heating bills. For our customers, that is the electric portion of their bills. These funds are then distributed by DHS directly to the respective utility as payment on behalf of the qualified and approved applicants. Each utility must enter into the attached Low-Income Energy Assistance Program (LEAP) Metered Fuel Vendor Agreement (LEAP agreement) to be eligible for these payments to be sent directly to the utility. The Town’s current agreement expires September 30, 2020. To be able to receive assistance payments on behalf of our qualified customers, we must renew the IGA and execute a new agreement for 2020- 2025. Proposal: The Town should enter into a new LEAP agreement for the period beginning October 1, 2020 through September 30, 2025. Advantages: This will allow continuation of the existing program for qualified individuals, helping our low-income customers pay their winter heating bills at no cost to the Town. Page 65 Disadvantages: None. Action Recommended: Authorize the Mayor to sign the new LEAP agreement for 2020-2025. Finance/Resource Impact: This improves the Power and Communication Fund revenues by providing access to the LEAP program to help pay for qualified customer’s heating bills. Level of Public Interest This would be of high interest to impacted customers. Sample Motion: I move for the approval/denial of Resolution 49-20. Attachments: 1.Resolution 49-20 2. Low-Income Energy Assistance Program (LEAP) Metered Fuel Vendor Agreement Page 66 RESOLUTION 49-20 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES FOR THE LOW- INCOME ENERGY ASSISTANCE PROGRAM (LEAP) WHEREAS, the Town of Estes Park desires to facilitate the continued implementation of Colorado’s Low-Income Energy Assistance Program (LEAP) to help low-income residents of Estes Park meet their winter home heating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution, in substantially the form now before the Board. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 67 Page 1 of 7 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) METERED FUEL VENDOR AGREEMENT Agreement made by and between the State of Colorado, Department of Human Services (hereinafter referred to as the State Department) and _____________________________________________________________________________________ (hereinafter referred to as the Vendor). Persons signing for the Vendor hereby swear and affirm that they are authorized to act on the Vendor’s behalf and acknowledge that the State is relying on their representations to that effect. By the signature below, the Vendor acknowledges that it has read, understands, and agrees to this Agreement. __________________________ ________________ Vendor Representative Name Vendor Signature Date WHEREAS, the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for home energy assistance to eligible households; and WHEREAS, the purpose of Colorado’s Low-Income Energy Assistance Program (LEAP) is to help low- income Coloradans meet their winter home heating costs; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith, NOW, therefore it is hereby mutually agreed: A.Offer/Acceptance. This LEAP Metered Fuel Vendor Agreement (“Agreement”) is between the State Department and the Vendor. This Agreement is effective upon the Vendor’s signature and performance shall start on or after October 1, 2020. B.The following definitions shall apply in the interpretation of this Agreement: 1.“County Department” means the County Department of Human/Social Services of a particular county as designated by the State Department. For the purposes hereof, when the County Department is so designated by the State Department, the Vendor may consider, interact, and deal with such County Department as the authorized agent of the State Department. 2.“Designee” means any County Department or contractor determining eligibility for the program. 3.“Electronic Funds Transfer” (EFT) is the method used to pay LEAP assistance benefits. 4.“Eligibility Period” means there shall be one eligibility period for the Basic Low-Income Energy Assistance Programs from November 1st through April 30th. If April 30th for a particular calendar year falls on a holiday or weekend, then the eligibility period shall be Town of Estes Park Wendy Koenig, Mayor ATTACHMENT 2 Page 68 Page 2 of 7 extended until midnight the next business day. This program is contingent upon the continued availability of funds in accordance with 9 CCR 2503-7. 5.“Eligible Household” is a Household that has applied for and been approved for LEAP assistance benefits and for whom the Vendor has been notified by the County Department, the State Department, or its designee that payment will be made to the Vendor on behalf of the Household. 6.“Estimated Home Heating Costs (EHHC)” are the amount of the heating costs incurred during the previous heating season for the program applicant’s address at the time of application to be used as an estimate, or projection, of the anticipated heating costs for the current heating season (November 1st through April 30th). Such estimated heating costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to residential fuel prices and consumption levels. EHHC may be provided if the Vendor has serviced the service address; it is not required that the Household applying for LEAP assistance benefits lived at the service address during the previous heating season. 7.“Good Faith Effort” is a documented attempt to reach Eligible Households through phone contacts, written correspondence and/or personal visits. 8.“Heat Related Arrearage” means any past due amounts for the primary heating fuel and/or supportive fuel. 9.“Home Heating Costs” are charges directly related to the primary heating source used in a residential dwelling. 10.“Household” means any individual or group of individuals who are living together as one economic unit for whom primary heating fuel is customarily purchased in common or who make undesignated payments for heat in the form of rent. 11.“Non-Bulk Fuel” or “Metered Fuel” is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. 12.“Overpayment” means a Household received benefits in excess of the amount due to that Household based on eligibility and payment determination in accordance with LEAP rules. 13.“Primary Heating Fuel” is the main type of fuel used to provide heat within the dwelling. 14.“Primary Heating Source” is the primary heating system that provides heat to the dwelling such as a furnace, wood burning stove or boiler. Temporary or portable heating sources are not considered a primary heating source and, therefore, are not eligible for LEAP assistance. 15.“Program Year” means from November 1st through April 30th for the Heating Fuel Assistance Program. If April 30th for a particular calendar year falls on a holiday or weekend, then the eligibility period shall be extended until midnight the next business Page 69 Page 3 of 7 day. This program is contingent upon the continued availability of funds in accordance with 9 CCR 2503-7. 16.“Program Applicant” means a person or household that has applied for LEAP benefit assistance. 17.“State Department” means the Colorado Department of Human Services, Low-Income Energy Assistance Program or its designees. 18.“Supportive Fuel” means an energy source needed to operate the primary heating system in a residential setting. For example, electricity may be a supportive fuel required to operate a natural gas furnace. 19.“Tampering” or “Tampered Account” means unlawfully or unauthorized adjustment of fuel to the Household by altering equipment such as a gas or electric meter. C.The Vendor agrees to abide by the following provisions: 1.The Vendor shall notify the State Department at least 30 days prior to any change in business ownership, name, address, Vendor contact information and banking information. 2.The Vendor shall not treat a Household receiving assistance under the program adversely because of such assistance. 3.The Vendor shall not discriminate, either in the cost of the goods supplied or the services provided, against the Household on whose behalf payments are made. 4.The Vendor shall provide County Departments or their designees documented Estimated Home Heating Costs for the period of November 1st through April 30th of the previous year for any Household using their service. Such costs shall be based on historical usage and such costs shall be provided to the County Department or its designee within five (5) business days of the request. If the program applicant is without heat, the Vendor shall provide Estimated Home Heating Costs within 24 hours of the request. If the Vendor refuses to provide Estimated Home Heating Costs for a Household, the County Department or it designee shall make any payments to the Eligible Household instead of the Vendor, unless the Vendor documents that such data are not available. The State Department reserves the right to audit Vendor estimating procedures and to terminate the Vendor Agreement if estimates are found to be inaccurate or inappropriate. 5.Upon notification from the County Department or its designee that an application has been received for a Household pending service disruption, the Vendor shall not terminate services to the Household for ten (10) working days or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 6.Upon receipt of LEAP assistance benefits from the State Department and on behalf of an Eligible Household, the Vendor shall credit the Eligible Household’s account promptly and no later than ten (10) business days after a payment is received. Credit will be reflected in the next normal billing. Page 70 Page 4 of 7 7.Upon notification by the County Department, State Department, or its designee or discovery by the Vendor of incorrect payments or overpayments, the Vendor shall reimburse those payments to the County Department or its designee within ten (10) business days. The Vendor shall accompany all payments returned to the State Department with the Vendor name, the Household’s name, the Household account number, the amount returned on behalf of the Household and the date and reason for return by the Vendor. Checks returned to the State Department should be made out to “State of Colorado.” Checks returned to the County Department or its designee should be made out per the County Department or designee’s direction. 8.Once notified by the State Department, the County Department, or a designee (notification may include the Vendor verifying approvals by accessing the LEAP system website) that a Household has been approved for LEAP assistance benefits, the Vendor shall: i.Initiate, continue or restore service, whichever is applicable to the Eligible Household, within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1.the Eligible Household is in a pending shutoff situation and the Basic LEAP program year benefit is an amount less than 25% of the Household’s arrearage, or 2.the Eligible Household is shut off and the Basic LEAP program year benefit amount is less than 50% of the Household’s arrearage, or 3.The Eligible Household pre-pays for its electric service. In this case, the Vendor shall initiate, continue, or restore service, whichever is applicable to the Eligible Household, within 24 hours of notification and continue utility services until the LEAP assistance benefit has been exhausted. ii.If a LEAP assistance benefit is offered on an account that has been disconnected due to tampering of gas or electric service, the Vendor shall restore service only if the LEAP payment exceeds 70% of the past due amount. If a LEAP payment is offered on a tampered account and it is for less than 70% of the past-due amount, the Vendor reserves the right to not accept the LEAP assistance benefit for purposes of restoring service. If payment is not accepted for reconnection, the benefit will instead be provided to the Eligible Household as a direct client pay. The Vendor may accept a LEAP payment that is less than 70% of the past due amount but must as a condition of acceptance restore service and make arrangements with the Household to pay any remaining balance. iii.If the Vendor refuses to accept the LEAP program year benefit, the Vendor shall notify the State or its designee within three (3) business days and send written notice to the Eligible Household advising them the payment will not be accepted and no holds/reconnection will be offered. The benefit shall be paid to the Eligible Household as a direct client pay. 9.Death of a payee. If a LEAP program applicant dies and a benefit has been paid, the Vendor shall make any remaining LEAP credit balance available to any other member of Page 71 Page 5 of 7 the LEAP program applicant Household for a period of 30 days. If the LEAP program applicant is the only Household member, the Vendor shall maintain any credit balance for a period of 30 days. The executor of the program applicant’s estate may claim the LEAP credit balance within this 30-day period. If the LEAP credit balance is not claimed within 30 days’ notice to the Vendor of the program applicant’s death, the Vendor shall notify the State Department and forward the credit balance to: State LEAP Office 1120 Lincoln Street, Suite 1007 Denver, CO 80203 10.The Vendor shall maintain confidentiality of information provided by the State Department, or its designee, about a Household’s benefit in accordance with applicable Federal and State Laws. 11.The Vendor shall return any payments that cannot be credited to an account within ten (10) business days to the County Department, or its designee. 12.The Vendor shall allow all LEAP credit balances to remain on the client’s account until the LEAP assistance benefit is exhausted, unless the Household no longer uses the originally approved Vendor. 13.When a Household no longer uses the originally approved Vendor, the Vendor shall make a Good Faith Effort to locate the Household. 14.If the Household is located, the Vendor shall forward the LEAP credit balance directly to the Household within ten (10) business days. 15.If the Household cannot be located within thirty (30) business days, the Vendor shall keep the funds available for the Household for the remainder of the current state fiscal year, which ends on June 30th. On July 1st, the Vendor shall forward any LEAP credit balance to the State Department at 1120 Lincoln Street, Suite 1007, Denver, CO 80203. These credits must be received by the State Department no later than July 10th. If a client moves or no longer uses the originally approved Vendor after June 30th, the Vendor shall forward any LEAP credit balance to the State Department on October 1st. These credits must be received by the State Department no later than October 10th. 16.Upon State Department request, or its designee’s request, the Vendor must return LEAP credit balances to the State Department within ten (10) business days of the request. 17.The Vendor shall accompany all payments returned to the State Department with a notification showing the Vendor name, the Household’s name, the Household’s account number, the amount returned on behalf of the Household and the date and reason for return by the Vendor. Checks returned to the State Department must be made out to “State of Colorado.” 18.If the Vendor has sent the LEAP credit balance funds to the Household, and a recovery is necessary, the County Department or its designee will recover from the Household, not the Vendor. Page 72 Page 6 of 7 19.The Vendor shall report any financial fraud or abuse or misconduct in the administration of LEAP to the State Department. The Vendor shall cooperate with all State investigations of suspected fraud or abuse or misconduct. The Vendor may be prosecuted under applicable Federal and State laws for false claims, statements or documents or concealment of material fact. 20.All other requirements of Federal and State laws and regulations shall be adhered to. 21.The Vendor shall provide all customers subject to utility shutoff, who are financially unable to purchase fuel, or who request a LEAP application to the HEAT HELP telephone line (1-866-432-8435), or the State Department website at: colorado.gov/cdhs/leap. 22.The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice for inspection, audit or other examination and copying, by State Department representatives or their delegates. Such records shall show the amount of home energy delivered to each Eligible Household, the amount of payments made for home energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and energy costs, and all documents and calculations in establishing the estimated Home Heating Costs. All records shall be maintained for a period of three (3) years following the termination of this Agreement. The State, or its designee, reserves the right to monitor the implementation of this Agreement by the Vendor. 23.The Vendor shall provide a monthly reconciliation report to the State Department verifying that each payment received on behalf of an Eligible Household is applied to the appropriate account within two weeks of the State Department payroll dates. 24.The Vendor shall provide annual natural gas/electric billing and consumption data for each Eligible Household who has resided at the same service address for the October 1 through September 30 reporting period, when applicable. 25.Non-compliance by the Vendor with any of the above assurances of this Agreement or applicable law or regulations shall be grounds for immediate termination of this Agreement. Such termination shall include termination of payments on behalf of Eligible Households and immediate return of credit balances or refunds owed to the State Department. Such termination is in addition to all other legal remedies available to the State Department, including investigation or prosecution of fraud in connection with this agreement. 26.All Vendors shall establish an account with a financial institution to receive payments via direct deposit through electronic funds transfer (EFT). The Vendor shall inform the State Department of any changes in banking information immediately upon the change. 27.All Vendors shall establish internet access to retrieve LEAP program applicant approval information and LEAP assistance benefit payment data from the State LEAP system website. Page 73 Page 7 of 7 28.LEAP assistance benefit payments shall not be made to the Vendor on behalf of an Eligible Household if: i.The Eligible Household does not pay the Vendor directly for its home heating costs; or ii.This Agreement has not been executed or has expired or been terminated; or iii.The Eligible Household’s Vendor cannot be determined or feasibly paid on behalf of the Eligible Household. 29.By signature of this Agreement, the Vendor agrees to abide by the HIPAA Business Associate Agreement, attached as Exhibit A. D.The State Department shall itself or through the County Department, or its designee, as the case may be: 1.Promptly advise the Vendor of the name, address, account number, if any, and amount to credit to the account of each Eligible Household and provide the Vendor with a password to retrieve payroll information from the LEAP system website; 2.Notify all Eligible Households of the amount of LEAP assistance benefits to be made on their behalf to the Vendor; 3.Make timely payments to the Vendor for credit to Eligible Households for home energy supplied in accordance with the terms of this Agreement; and 4.Promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law, regulations, or technology. E.General Provisions: 1.The term of this Agreement shall be October 1, 2020 (or upon signed approval of this Agreement by the Vendor, whichever is later) through September 30, 2025. 2.This Agreement is subject to and contingent upon the continuing availability of federal funds. If insufficient funds, as determined by the State Department, are available for this program, the State Department may immediately terminate this Agreement. 3.This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. 4.The Vendor may not assign this Agreement without the prior written consent of the State Department. 5.The Vendor shall comply with all applicable Federal and State laws and regulations, including confidentiality of all records, termination and restoration of home energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, and so on required by law for the provision of services hereunder. 6.If a situation arises that is not clearly covered by the terms of this Agreement, the Vendor shall seek guidance from the State Department. Page 74 Page 1 of 9 HIPAA BAA Revised August 2018 EXHIBIT A - HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement (“Agreement”) between the State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as “Covered Entity” and the Contractor is referred to as “Business Associate”. Unless the context clearly requires a distinction between the Contract and this Agreement, all references to “Contract” shall include this Agreement. 1.PURPOSE Covered Entity wishes to disclose information to Business Associate, which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub. L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) enacted under the American Recovery and Reinvestment Act of 2009 (“ARRA”) Pub. L. No. 111–5 (2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the “HIPAA Rules”) and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations (“C.F.R.”) and all other applicable laws and regulations, all as may be amended. 2.DEFINITIONS The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: a.Business Associate. “Business Associate” shall have the same meaning as the term “business associate” at 45 C.F.R. 160.103, and shall refer to Contractor. b.Covered Entity. “Covered Entity” shall have the same meaning as the term “covered entity” at 45 C.F.R. 160.103, and shall refer to the State. c.Information Technology and Information Security. “Information Technology” and “Information Security” shall have the same meanings as the terms “information technology” and “information security”, respectively, in §24-37.5-102, C.R.S. Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. 3.OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a.Permitted Uses and Disclosures. i.Business Associate shall use and disclose PHI only to accomplish Business Associate’s obligations under the Contract. Page 75 Page 2 of 9 HIPAA BAA Revised August 2018 i.To the extent Business Associate carries out one or more of Covered Entity’s obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. ii.Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A.the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; B.the person notifies Business Associate of any Breach involving PHI of which it is aware. iii.Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de-identify any or all PHI created or received by Business Associate under this Agreement, provided the de-identification conforms to the requirements of the HIPAA Rules. b.Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d). c.Impermissible Uses and Disclosures. i.Business Associate shall not disclose the PHI of Covered Entity to another covered entity without the written authorization of Covered Entity. ii.Business Associate shall not share, use, disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. d.Business Associate's Subcontractors. i.Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. ii.Business Associate shall provide to Covered Entity, on Covered Entity’s request, a list of Subcontractors who have entered into any such agreement with Business Associate. iii.Business Associate shall provide to Covered Entity, on Covered Entity’s request, copies of any such agreements Business Associate has entered into with Subcontractors. e.Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such Page 76 Page 3 of 9 HIPAA BAA Revised August 2018 system including, but not limited to, any policies promulgated by the Office of Information Technology and available at http://oit.state.co.us/about/policies. f.Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.524. g.Amendment of PHI. i.Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.526. ii.Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. h.Accounting Rights. Business Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528. i.Restrictions and Confidential Communications. i.Business Associate shall restrict the Use or Disclosure of an Individual’s PHI within ten days of notice from Covered Entity of: A.a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. ii.Business Associate shall not respond directly to an Individual’s requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. iii.Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate. j.Governmental Access to Records. Business Associate shall make its facilities, internal practices, books, records, and other sources of information, including PHI, available to the Secretary for purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310. k.Audit, Inspection and Enforcement. i.Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. Page 77 Page 4 of 9 HIPAA BAA Revised August 2018 ii.Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered Entity’s efforts to audit Business Associate’s compliance with applicable HIPAA Rules. If, through audit or inspection, Covered Entity determines that Business Associate’s conduct would result in violation of the HIPAA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. l.Appropriate Safeguards. i.Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. ii.Business Associate shall safeguard the PHI from tampering and unauthorized disclosures. iii.Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information. iv.Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de-identified in conformance to the requirements of the HIPAA Rules. m.Safeguard During Transmission. i.Business Associate shall use reasonable and appropriate safeguards including, without limitation, Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. ii.Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS- compliant encryption algorithm. n.Reporting of Improper Use or Disclosure and Notification of Breach. i.Business Associate shall, as soon as reasonably possible, but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103, C.R.S. ii.Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. iii.Business Associate shall, as soon as reasonably possible, but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. Page 78 Page 5 of 9 HIPAA BAA Revised August 2018 iv.Business Associate shall have the burden of demonstrating that all notifications were made as required, including evidence demonstrating the necessity of any delay. o.Business Associate’s Insurance and Notification Costs. i.Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: A.loss of PHI data; B.Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.; and C.claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. ii.All such policies shall meet or exceed the minimum insurance requirements of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status, and notice of cancellation). iii.Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. iv.Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. p.Subcontractors and Breaches. i.Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. ii.Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. q.Data Ownership. i.Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. ii.Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. Page 79 Page 6 of 9 HIPAA BAA Revised August 2018 r.Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h, above, for a period of six years. 4.OBLIGATIONS OF COVERED ENTITY a.Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIPAA Rules. b.Notice of Changes. i.Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission to use or disclose PHI, to the extent that it may affect Business Associate’s permitted or required uses or disclosures. ii.Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it may affect Business Associate’s permitted use or disclosure of PHI. 5.TERMINATION a. Breach. i.In addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. ii.Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. b.Effect of Termination. i.Upon termination of this Agreement for any reason, Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. ii.If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. iii.If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Page 80 Page 7 of 9 HIPAA BAA Revised August 2018 Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 6.INJUNCTIVE RELIEF Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement. 7.LIMITATION OF LIABILITY Any provision in the Contract limiting Contractor’s liability shall not apply to Business Associate’s liability under this Agreement, which shall not be limited. 8.DISCLAIMER Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate’s own purposes. Business Associate is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9.CERTIFICATION Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate’s Information Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate’s facilities, systems, procedures, and records, at Covered Entity’s expense, if Covered Entity determines that examination is necessary to certify that Business Associate’s Information Security safeguards comply with the HIPAA Rules or this Agreement. 10.AMENDMENT a.Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i.In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. ii.Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain Page 81 Page 8 of 9 HIPAA BAA Revised August 2018 written assurance satisfactory to Covered Entity from Business Associate’s Subcontractors and agents that they shall adequately safeguard all PHI. iii.Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. iv.Covered Entity may terminate this Agreement upon 30 days’ prior written notice in the event that: A.Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B.Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity’s sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. b.Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix. 11.ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor’s and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12.INTERPRETATION AND ORDER OF PRECEDENCE Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties. 13. SURVIVAL Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Page 82 Page 9 of 9 HIPAA BAA Revised August 2018 APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT This Appendix (“Appendix”) to the HIPAA Business Associate Agreement (“Agreement”) is s an appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all references to “Contract” or “Agreement” shall include this Appendix. 1.PURPOSE This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix marked as “Reserved” shall be construed as setting forth no additional terms. 2.ADDITIONAL TERMS a.Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business Associate may use PHI for the following additional purposes: i.Reserved. b.Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: i.Reserved. c.Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: i.Reserved. d.Definition of Receipt of PHI. Business Associate’s receipt of PHI under this Contract shall be deemed to occur, and Business Associate’s obligations under the Agreement shall commence, as follows: i.Reserved. e.Additional Restrictions on Business Associate. Business Associate agrees to comply with the following additional restrictions on Business Associate’s use and disclosure of PHI under the Contract: i.Reserved. f.Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement: i.Reserved. Page 83 2020-2025 APPROVED METERED FUEL VENDOR DATA INFORMATION 1.Enter the complete vendor/business name: ______________________________________________ _________________________________________________________________________________ 2.Enter the company FEIN (Federal Identification Number): ___________________________________ 3.Enter the business mailing address (including zip code): ____________________________________ _________________________________________________________________________________ 4.Enter the names direct phone numbers and email addresses of at least two contacts for your business: Name: _____________________ Email: __________ Phone: __________________ Name: ______________________ Email: ________________________ Phone: __________________ 5.Enter the business fax number(s) for contact: ______________________________________________________ 6.Enter the LEAP Vendor Number (provided by the State LEAP Office): _________________________________ Please place a check by the Colorado counties which your business serves: (01)Adams ___ (17) Dolores ___ (33)Lake ___ (49) Pitkin ___ (02)Alamosa ___ (18) Douglas ___ (34)La Plata ___ (50) Prowers ___ (03)Arapahoe ___ (19) Eagle ___ (35)Larimer ___ (51) Pueblo ___ (04)Archuleta ___ (20) Elbert ___ (36)Las Animas ___ (52) Rio Blanco ___ (05)Baca ___ (21) El Paso ___ (37)Lincoln ___ (53) Rio Grande ___ (06)Bent ___ (22) Fremont ___ (38)Logan ___ (54) Routt ___ (07)Boulder ___ (23) Garfield ___ (39)Mesa ___ (55) Saguache ___ (08)Chaffee ___ (24) Gilpin ___ (40)Mineral ___ (56) San Juan ___ (09)Cheyenne ___ (25) Grand ___ (41)Moffat ___ (57) San Miguel ___ (10)Clear Creek ___ (26) Gunnison ___(42)Montezuma ___ (58) Sedgwick ___ (11)Conejos ___ (27) Hinsdale ___ (43)Montrose ___ (59) Summit ___ (12)Costilla ___ (28) Huerfano ___ (44)Morgan ___ (60) Teller ___ (13)Crowley ___ (29) Jackson ___ (45)Otero ___ (61) Washington ___ (14)Custer ___ (30) Jefferson ___ (46)Ouray ___ (62) Weld ___ (15)Delta ___ (31) Kiowa ___ (47)Park ___ (63) Yuma ___ (16)Denver ___ (32) Kit Carson ___(48)Phillips ___ (80) Broomfield ___ 7.Please place a check by the type(s) of fuel service provided by your business: Natural Gas:____ Electric:____ Town of Estes Park 84-6000661 PO Box 1200, Estes Park, CO 80517 Duane Hudson dhudson@estes.org 970-577-3560 Kim McEachern KimMcEachern@estes.org 970-577-3567 970-577-3573 75142 X X X Page 84 7/29/2020 ESTES PARK BOARD OF TRUSTEES LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES UPDATE July 28, 2020 LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES • Across entire system, including Hermit Park, we are experiencing significant increases in visitation and day use at our parks and open spaces. • New timed entry/visitation restrictions at Rocky Mountain National Park may be a factor in our increased visitation at Hermit, along with COVID-19 travelers. • For the first time ever, trailheads are hitting capacity at Hermit Park. • Campgrounds are extremely busy. Beginning July 1, cabin camping at Hermit reopened. • Staff has remained nimble. New COVID cleaning protocols, online permits, curbside pick-up for herbicide sales. • Actively working on a Department Strategic Plan. Summer 2020 Update Page 85 7/29/2020 LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES • Partnered with Estes Valley Land Trust on potential Conservation Easement (CE) partnerships on several properties. EVLT is leading negotiations/conservation efforts. • Committed $10,000 towards the completion of the Fall River Trail, which will connect downtown Estes Park to Rocky Mountain National Park along Fall River. • Partnered with Estes Valley Land Trust and the town of Estes Park with $5,000 to help match a GOCO grant to fund the Estes Valley Open Space and Recreation Plan which is currently underway. • Land Stewardship staff (Enterprise group) have an annual contract with Town of Estes to treat noxious weeds on town property. Continuing to actively discuss ways in which the Town can bolster noxious weed compliance within city limits. • Manage high-priority weeds/sites in Canyon Lakes District through a vegetation management contract with USFS. • Contributed funds to the Estes Land Stewardship Association (ELSA) for the printing of weed booklets, which are tailored to the Estes Valley. Land Conservation, Weed District, Planning Partnerships LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES • Continue to implement phases of the adopted management plan. • Completed capital improvements on-site including: Relocating two cabins into developed cabin zone; Restoring the unneeded road that served the relocated cabins and doubled as the Homestead Meadows Trail; Relocated the Homestead Meadows Trail to a more sustainable and single trail alignment; New outdoor education and day use area at the Hermit's Cabin Hermit Park Open Space Update • Increased popularity of the 8-mile trail system at the open space Page 86 7/29/2020 LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES • NoCoPLACES 2050 is a collaborative that includes eight land management agencies working to protect and conserve natural and cultural resources while providing equitable access and a quality recreation experience for current and future generations. • At stake - Population growth and demand for recreation, which is putting a strain on natural resources, environment, forest, wildlife, outdoor experience. • Agencies: Boulder County, Clear Creek County, Gilpin County, Larimer County, Jefferson County, Rocky Mountain National Park – NPS, Arapahoe & Roosevelt National Forest – USFS, and Colorado Parks and Wildlife. • Core Topic Research (2020) followed by public outreach and engagement (2021) and the development of principles and adaptive management guidelines. • A long-term adaptive approach – 30 years • Your input is valuable – how you can get involved www.nocoplaces2050.com NoCoPLACES 2050 LARIMER COUNTY DEPARTMENT OF NATURAL RESOURCES 2019 Annual Report Visit our 2019 Annual Report at www.larimer.org/naturalresources/ plans-reports-advisory-boards Page 87 7/29/2020 THANK YOU Page 88 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Koenig Board of Trustees From: Kate Rusch, Public Information Officer Jason Damweber, Assistant Town Administrator Travis Machalek, Town Administrator Date: July 28, 2020 RE: COVID-19 Safety Efforts and Outreach Objective: To provide background information to the Board regarding actions the Town and Town partners have taken to date regarding COVID safety efforts and outreach. The purpose of this information is to facilitate a discussion about what additional efforts, if any, the Town Board would like staff to explore or undertake. Present Situation: The Town of Estes Park is committed to following the guidelines of public health agencies to help control the COVID-19 pandemic. Operational updates, messages from government officials, and public health resources are provided on the Town’s COVID-19 webpage, which is updated regularly, as well as via social media channels and email lists. At its July 14, 2020 meeting, the Board requested information on specific outward-facing efforts and outreach spearheaded by the Town related to COVID safety. Such efforts and outreach include: •Administration of the Estes Valley Resiliency Collaborative (EVRC): This group – comprised of Town staff, Visit Estes Park, the Estes Chamber of Commerce, Estes Park Economic Development Corporation, Estes Area Lodging Association, YMCA of the Rockies, Rocky Mountain National Park, Estes Park Nonprofit Resource Center, the Estes Park Housing Authority, and the Estes Park School District – was borne from the Town’s Accelerated Recovery Team, convened at the outset of the pandemic. The group’s purpose is to ensure a collaborative approach to recognizing and working to address community issues resulting from COVID-19. It is worth noting that this group’s organization and work has been lauded at the County level as a model for recovery and resiliency efforts regionally. •EVRC “Welcome Back” campaign, focused on wearing masks, maintaining distance, and washing hands. o Outdoor signage (see below for examples) o Business flyers Page 89 o Electronic campaign (social, email, websites) Figure 1: EVRC Signage Figure 2: Original Regulatory Signage •Development of the Estes Valley Safe & Strong Resiliency Plan (EVRC) •Town use of digital message signs: “Masks Required in Businesses and Downtown”, “Welcome Back – Please Wear a Mask and Keep Distance”, “Keep Your Distance, Wear a Mask, Wash Your Hands” (currently running). •Police Department education and enforcement support for Larimer County mask order, aligned with Larimer County enforcement and outbreak teams. (Larimer’s mask order enforcement team is ramping up operations again as of July 15.) •Implementation of the “Embrace the Views” outdoor business expansion program to promote outdoor gathering and distancing. •Consideration of Open Container options for public spaces to promote outdoor gathering and distancing (still under consideration). •Consideration of Stay Healthy Streets proposal to expand pedestrian spaces (tabled by the Board). •Co-hosted two virtual Town Halls, the first focused on local businesses and the second on broader community impacts. •Hosted webinars open to the public on civility and emotional intelligence. •Participation in regional collaborative groups including Larimer County Recovery Collaborative (we are also represented on the Chair Board for this group), Larimer County Business Communication Group, NoCo Strong for Business, DOLA’s COVID-19 Peer Roundtable, and others. Page 90 •CSU wastewater testing program o The Town, Estes Park Sanitation District, and Upper Thompson Sanitation District are working on a collaborative effort with Colorado State University, Metropolitan State University, and 15+ wastewater providers throughout the front range to explore the concept of monitoring influent (raw sewage) for the presence of COVID-19. International research has shown that a person with COVID-19 or any virus will shed the virus weeks ahead of symptoms being displayed. If this signal can be caught early on, it could give public health officials a head start on preventing a significant outbreak. •Continued collaborative efforts with getting out County messaging locally o “Keep NoCo Open” campaign to begin in coming weeks: the focus on this messaging changed in an effort to encourage those less inclined to wear masks to do so in order to keep people safe and businesses open (see below for example). This new campaign will focus on seven messages: Face covering – mask up! Social distance Know before you go Sanitation - Hand washing In doubt, Opt-out Be kind Be patient Support local - Keep us working and in business Page 91 Much of the conversation at the July 14 Town Board meeting revolved around mask requirements and communicating these effectively. On July 16, Governor Polis issued a state-wide mask requirement for public indoor spaces and while waiting outdoors for certain transportation operations (with some limited exceptions). This executive order has significantly changed the communication landscape in regard to mask requirements. In a survey put out by the Estes Chamber of Commerce on July 17, 68% of business respondents indicated a preference for the Town to stick with the governor’s guidance (32% were interested in a renewal of the Town’s ordinance requiring masks downtown). This survey remains open and staff will provide updated numbers at the Town Board meeting on July 28. Advantages: •Ensuring clear and consistent messaging and information sharing will help inform residents and visitors about precautions to take in order to keep themselves and others safe and businesses open. Disadvantages: •With constantly changing regulations and messaging from other levels of government, it is easy for people (including local government officials) to become confused regarding mask-wearing requirements. Action Recommended: Consider safety efforts and outreach to date and provide guidance to staff regarding any further efforts the Board would like to see staff explore or pursue. Finance/Resource Impact: The Town granted $380,000 for community relief efforts. Direct costs associated with outreach and information sharing has been minimal, though the work has been extremely time intensive for staff. Level of Public Interest High Attachments: N/A Page 92 July 17, 2020 To: Honorable Mayor Koenig Board of Trustees From: Belle Morris, Chair, Transportation Advisory Board RE: Stay Healthy Streets pilot implementation during October Dear Honorable Mayor Koenig and Trustees, The Transportation Advisory Board (TAB) recommends implementing a Stay Healthy Streets pilot in early October to test the ability to provide additional physical distancing space for visitors, business work force and residents when Downtown. The COVID19 pandemic is becoming a “new normal” for a while; providing a tested infrastructure plan can assist with current and future situations concerning the public health and safety. Estes Park welcomes visitors, work force and residents into the Downtown year-round. To help enhance the confidence of safety, an expansion of public sidewalks into the street lanes along Elkhorn Ave will demonstrate the Town’s priority to the public. Providing a pilot test during the waning visitor season, will reflect some business owners concerns of access issues to stores during the peak of tourism season. The Stay Healthy Streets is a program that encourages business vitality and creating a welcoming environment for guests. TAB is sensitive to the concerns from Downtown business owners; therefore, requests a post peak season test. Tourism, especially during a world pandemic, is influenced by confidence in travel safety. "People may make different decisions depending on how they balance the risks to personal and community health with their social, emotional, and physical needs." Dr. Lisa Miller, former state epidemiologist and currently a professor of epidemiology at the Colorado School of Public Health stated on Larimer County’s website. TAB, in a unanimous vote, recommends a full pilot test be conducted so that residents, work force and visitors are able to balance the risks, and feel confident Estes Park has a tested infrastructure plan to reduce the spread of COVID19 virus. The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing the opportunity to provide our recommendation. It is our intention to provide our collaborative decision, after a robust review of an issue. Sincerely, Belle Morris Chair, Estes Park Transportation Advisory Board Letter provided by TAB Page 93 July 17, 2020 To: Honorable Mayor Koenig Trustees From: Belle Morris, Transportation Advisory Board, Chair RE: Support for reinstating a local Mask Ordinance Dear Honorable Mayor Koenig and Trustees, The Transportation Advisory Board (TAB) requests your consideration for implementing a Mask Ordinance in response to the increasing numbers of COVID19 cases in Estes Park and Larimer County. The seasonal pedestrian traffic in the Downtown corridor is significant, which contributes to the spread of the COVID19 pandemic. The Colorado Department of Public Health and Environment has communicated the risk of revoking the current Larimer County variance, if the COVID19 cases do not decrease. Larimer County Public Health announcement requests communities to help with efforts in reducing risk behaviors. The TAB encourages an Estes Park Mask Ordinance be part of a mitigation plan to address the growing number of cases. As a citizen group, with downtown business representation, we encourage your leadership decisions to provide safe multi-modal options for residents, work force members and visitors. Through robust discussion at our July meeting, TAB members expressed concern about ramifications to business sales when our sidewalks and stores are not respecting the request to wear face masks or coverings nor providing safe physical distancing. Several members referenced personal encounters in stores as well as observing behaviors on downtown streets where masks were not used or used improperly. One member reported a social media site promoting National Parks, which had discussion about Estes Park specifically not being a safe destination due to lack of facial masks and physical distancing. At the July meeting, TAB voted 5 (support) to 2 (oppose) and 1 (abstain) for a full mask ordinance. The opposing view referenced concern that TAB may be overreaching in our request even though it pertains to pedestrian transportation. The abstaining vote was due to lack of full information to make a judgement. As pedestrians, and users of the transportation network it is our recommendation an ordinance be created and implemented as soon as possible. The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing the opportunity to provide our recommendation. It is our intention to provide our collaborative decision, after a robust review of an issue. Letter provided by TAB Sincerely, Belle Morris Chair, Estes Park Transportation Advisory Board Page 94 Board of Trustees Public Comment Form The Board of Trustees want to hear from members of the community. The following form was created for public comment on any current agenda items. The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Click here to view the current Agenda. Please enter your full name. (This information is required to ensure the Town keeps accurate records of public comment. Name * Public comment must be received by noon the day of the Town Board meeting. All comments will be compiled for Board distribution prior to the meeting. To provide public comment on an upcoming item please use the drop down below to select the Agenda item title. Stance on item:* Agenda Item Title * Public comment can be attached using the Upload button below or typed into the text box below. File Upload Dr William OShaughnessy For Against Neutral COVID-19 Safety Efforts and Outreach. If you do not see the Agenda Item Title please email public comment to townclerk@estes.org. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Page 95 Comments for the Board of Trustees:* Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Limited to a maximum of 1000 characters. I recommend closing down ALL vacation rentals. IN doing so , we will be able to more effectively mitigate local exposure to possible infection and re-infection. MOst Vacation rentals are operated by private homeowners who have houses within residential communities. These communities are mostly retired folks with average age demographic of 70-95. This age bracket is particularly susceptible to exposure. Many of the renters go outside the rental and walk and try to engage the members of our community.In addition from Texas told me quite openly that back in Mach they had been infected with Covid 19 , but are deemed clear. We know for certain now that antibodies for this particular virus seem to lessen over time thus making the original infection possible to be re=introduced. Furthermore, we also have an issue with Vacation rentals as generally these folks cook in .They go to our only big grocery chain, Safeway and quite often you see a line. Infection is almost certain Page 96 Board of Trustees Public Comment Form The Board of Trustees want to hear from members of the community. The following form was created for general public comment or public comment on any current agenda items. The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Click here to view the current Agenda. Please enter your full name. (This information is required to ensure the Town keeps accurate records of public comment. Name * Stance on item:* Public comment must be received by noon the day of the Town Board meeting. All comments will be compiled for Board distribution prior to the meeting. Agenda items are available the Wednesday prior to each Town Board meeting. To provide public comment on an upcoming item please use the drop down below to select the Agenda item title. Agenda Item Title * Public comment can be attached using the Upload button below or typed into the text box below. File Upload Barbara Ayres For Against Neutral General Public Comment If you do not see the Agenda Item Title please email public comment to townclerk@estes.org. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Page 97 Comments for the Board of Trustees:* Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Limited to a maximum of 1000 characters. I feel like the town needs to do more to protect visitors and residents. I was in a business today where two people waiting in line to order did not have on masks. Every time I go out I see people in stores without masks. Last night I heard from a friend who works at a store downtown, about the owners (who own 4-5 businesses downtown) who don't care if people wear masks--and they don't want their employees to do anything to enforce the ordinance. I doubt that they are alone in their thinking and practice. Masks do not keep people out of stores as we have seen--it's just that some people will not wear them and they should not be welcomed into businesses in our town. In places where there is a strong message, everyone wears a mask--I recently spent time in the downtown of Buena Vista and people of all ages wore their masks outside. I regularly watch videos from Breckenridge where there is a mandatory mask ordinance for outside in the downtown--people wear masks. Do more!! Page 98 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: July 28, 2020 RE: Liquor Licensing: New Hotel & Restaurant Liquor License Application for Black Canyon Catering Inc. dba The Boulders, 800 MacGregor Avenue, Suite 243, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Liquor__ QUASI-JUDICIAL YES NO Objective: Approval of a new Hotel & Restaurant liquor license located at 800 MacGregor Avenue, Suite 243, Estes Park, Colorado. Application filed by Black Canyon Catering Inc. dba The Boulders. Present Situation: An application for a new Hotel & Restaurant liquor license was received by the Town Clerk’s office on June 29, 2020. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant has filed a concurrent review application with the Department of Revenue. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement. Staff has not confirmed the status of the TIPS training as of the writing of the is memo. The licensees currently hold a liquor license at the location within a separate building by Black Canyon Catering, Inc., dba The Homestead, formally the Twin Owls Steakhouse location. This is a new wedding facility currently under construction on the property. Proposal: To present the application for the Town Board’s review and consideration for a new Hotel & Restaurant liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Page 99 Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the application for a new Hotel & Restaurant liquor license. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel & Restaurant liquor license is $1,319.00. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869.00. Level of Public Interest Low. Sample Motion: The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Based upon these findings, I move that the application for a new Hotel & Restaurant liquor license filed by Black Canyon Catering Inc. dba The Boulders be approved/denied. Attachments: 1. Procedure for Hearing 2. Application 3. Individual History 4. Police Report Page 100 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business will be the public hearing on the application of Black Canyon Catering Inc. dba The Boulders for a new Hotel & Restaurant Liquor License located at 800 MacGregor Avenue #243, Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed June 29, 2020.  At a meeting of the Board of Trustees on July 14, 2020, the public hearing was set for 7:00 p.m. on Tuesday, July 28, 2020.  The neighborhood boundaries for the purpose of this application and hearing were established to be 4.70 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Corporation.  The property is zoned A - Accommodations which allows this type of business as a permitted use.  The notice of hearing was published on July 17, 2020 .  The premises was posted on July 15, 2020 . ATTACHMENT 1 Page 101 2  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3.APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4.OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6.SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. Page 102 ATTACHMENT 2Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 ATTACHMENT 3Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 ATTACHMENT 4Page 117 Page 118 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on RESOLUTION 50-20, AMENDED PLAT OF PORTIONS OF LOTS 6, 7, AND 8, BLOCK 1, OF THE SECOND AMENDED PLAT, 215 PARK LANE, THOMAS BECK, TW BECK ARCHITECTS OWNER/APPLICANT. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application. Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2.STAFF REPORT. Review the staff report. Review any conditions for approval not in the staff report. 3.APPLICANT. The applicant makes their presentation. 4.PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL. Page 119 2 The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. 6.MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the application. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7.SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 120 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: July 28, 2020 RE: Resolution 50-20, Amended Plat of Portions of Lots 6, 7, and 8, Block 1, of the Second Amended Plat of the Town of Estes Park, 215 Park Lane, Thomas Beck, TW Beck Architects Owner/Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing and make a decision on an Amended Plat application, to rearrange internal lot lines involving lots within a platted subdivision. No new lots or building sites would be created. Note: The public hearing will be conducted electronically. Advance registration for testifying at the public hearing is preferred to ensure an orderly hearing. Information for participation in the public hearing will be provided in the published agenda, which will be available at https://estespark.colorado.gov/boardsandmeetings. Present Situation: The subject lots were originally created by the Second Amended Plat of the Town of Estes Park, platted in 1908. Portions of three lots in this subdivision (Lots 6, 7, and 8, Block 1) comprise the subject property. Each of the original lots was approximately 25 feet in width and 160 feet in depth. According to Larimer County Assessor’s records, a residence was established in 1906. This structure was built over lot lines, apparently an acceptable practice at that time. The applicant now proposes that structure, which is now a commercial building containing offices, to be entirely on proposed Lot 7A (0.095 acre in size). The other proposed lot, Lot 6A, 0.074 acre in size, would have existing small structures demolished. Plans are to then redevelop that lot, with the use being multi-family residential. The property is zoned CD (Commercial Downtown). Residential uses are allowable as uses-by-right in the CD (Downtown Commercial) Zone District. Page 121 Proposal: Applicant requests approval of an amended plat to reconfigure existing lots into two lots, proposed to be 0.075 and 0.095 acre in size. Review Criteria: Per the Estes Park Development Code (EPDC), Section 3.9 Subdivisions, Subsection 3.9.1.b., a “Boundary Adjustment” involving lots in a platted subdivision is to be titled “Amended Plat.” An Amended Plat is considered, under Section 3.9, a type of “Minor Subdivision.” Minor Subdivision requires a recommendation by the Planning Commission and action by the governing body (Town Board). Agency Comments: This request has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing agencies. Staff notes a development plan is required to be submitted for review and approval, in order to develop proposed Lot 6A, per discussion with the owner/applicant. Comments for the Amended Plat are mostly aimed at the future development, and will be applicable at development plan and building permit stage of the process. Advantages: Enables the applicant to redevelop a downtown property, and to clean up a situation where structures are built over lot lines. Disadvantages: None. Action Recommended: The Estes Valley Planning Commission unanimously recommended approval of the Amended Plat on June 16, 2020, with the following findings and condition of approval: Findings 1.This proposal complies with applicable sections of the EPDC. 2.This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 3.Noting the Second Amended Plat of the Town of Estes Park, as well as the subject property’s existing uses and structures, were in place long before the Estes Valley Comprehensive Plan was drafted or adopted, staff finds the existing use, as well as the proposed future use of the property is not inconsistent with the recommendations of the Comprehensive Plan. 4.Within sixty (60) days of the Board’s approval of the Final Plat application, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. 5.This is a Planning Commission recommendation to the Town Board. Condition of Approval 1.Labeling for the subject lots shall be revised to clearly reflect the existing, current lots of record. The plat with this revised labeling shall be submitted to the Community Development Department to be included in the report and recommendation to the Town Board of Trustees. Page 122 Staff notes the applicant has complied with the Condition of Approval, above. Staff recommends approval of the Amended Plat. Finance/Resource Impact: None Level of Public Interest Low. Notice was published, and sent to adjacent property owners in accordance with the notice requirements in the EPDC Section 3.15 General Notice Provisions. Written comments will be posted to www.estes.org/currentapplications . Sample Motions: I move that the Town Board of Trustees approve Resolution 50-20. I move that the Town Board of Trustees deny Resolution 50-20, finding that [state findings for denial]. I move to continue the Park Suites Amended Plat, being Portions of Lots 6, 7, and 8, Block 1, Second Amended Plat of the Town of Estes Park to the next regularly scheduled meeting. (State reasons for continuance.) Attachments: 1.Resolution No. 50-20 2.Vicinity Map 3.Statement of Intent 4. Application 5. Amended Plat Page 123 RESOLUTION 50-20 A RESOLUTION APPROVING THE AMENDED PLAT OF PORTIONS OF LOTS 6, 7, AND 8, BLOCK 1, OF THE SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK COLORADO WHEREAS, an application for an Amended Plat to rearrange internal lot lines was filed by Thomas Beck, TW Beck Architects (owner/applicant); and WHEREAS, the applicant requests rearrangement of internal lot lines for a property described as Portions of Lots 6, 7, and 8, Block 1, Second Amended Plat of the Town of Estes Park; and WHEREAS, the Amended Plat reconfigures the subject lots into Lot 6A (0.074± acre) and Lot 7A (0.095 acre), and does not create additional lots or building sites; and WHEREAS, a public meeting was held before the Estes Valley Planning Commission on June 16, 2020, at the conclusion of which the Planning Commission voted to recommend approval of the Amended Plat with the following findings and condition of approval: Findings 1.This proposal complies with applicable sections of the EPDC. 2.This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 3.Noting the Second Amended Plat of the Town of Estes Park, as well as the subject property’s existing uses and structures, were in place long before the Estes Valley Comprehensive Plan was drafted or adopted, staff finds the existing use, as well as the proposed future use of the property is not inconsistent with the recommendations of the Comprehensive Plan. 4.Within sixty (60) days of the Board’s approval of the Final Plat application, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. 5.This is a Planning Commission recommendation to the Town Board. Condition of Approval 1.Labeling for the subject lots shall be revised to clearly reflect the existing, current lots of record. The plat with this revised labeling shall be submitted to the Community Development Department to be included in the report and recommendation to the Town Board of Trustees. WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on July 28, 2020 and at said hearing all those who desired to be heard were heard and their testimony recorded; and ATTACHMENT 1 Page 124 WHEREAS, the Board of Trustees has reviewed and taken administrative notice of the recommendation of the Planning Commission and the testimony, application, evidence, documents submitted at the hearing, and the contents of the Community Development Director’s file; and WHEREAS, the Board of Trustees finds the applicants have complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Park Suites Amended Plat, being Portions of Lots 6, 7, and 8, Block 1, Second Amended Plat of the Town of Estes Park, is hereby approved. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 125 Site Location Ê LAKE ESTESBIGHORNDR MORAINE AVEWELKHORN A V E STA N L E Y A V EBIG THOMPSON AVEMA C GR E GOR A VEN SAINT VRAIN A V E W WONDERVIEW AVE CHAPINL ND A V IS ST HIGH STROCKRIDGERD 3RD STSTEAMERDRERIVERSIDEDRE ELKHOR N A V E MOCCAS I N CIRCL E D R OTIS L N 2ND STFIR AVES T E A M E R P KW YELM AVEVISTA L N CLEAVE ST E W O N D E R VIEWAVE F A R V IE W DR SUMMIT DR STAN L E Y C IR C LEDRBIRCH AVECOURTNEYLNH I L L SIDELNM O O N R ID G ERD LOTT STASPEN AVERIVERSIDE DR PROSPECT AVESPRUCEDR 1ST STCOMANCHE STJAMESST P O NDEROSADR DUNRAVEN ST HIGHLAND LN CRAGS DRVIRGINIA DRCH IQUITALNP A N O RAM A CIR 4THSTDRIFTWOOD AVEFAR VIEW LN W IEST D R BOYD LNSUNNYLN FI N DLEYCTPAR K V IEWLNFILBEY CTCYTEW O R T H R D MUMMY L N MA RIGO L D L N OVER L O O K LN S SAIN T V R AI N A V E VIRGINIALN MO C C A S I N S T WESTON LNSTEAMER CTVIRGINIADR 0 250 500 Feet -Town of Estes ParkCommunity Development Printed: 6/9/2020 Created By: Jeff Woeber Project Name: Project Description: Park Suites Amended Plat ATTACHMENT 2 Page 126 ATTACHMENT 3 Page 127 ATTACHMENT 4 Page 128 Page 129 Page 130 Page 131 © 2020 Microsoft Corporation © 2020 HERE AMENDED PLAT OF PORTIONS OF LOTS 6, 7, AND 8, BLOCK 1, OF THE SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK LOCATED IN THE NW 1 4 OF THE NE 1 4 OF SECTION 25, T. 5 N., R. 73 W., OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO. PROPERTY DESCRIPTION (PER FIDELITY NATIONAL TITLE COMPANY'S TITLE COMMITMENT FILE #580-F0625475-383-JNB, Amendment No. 2 DATED FEBRUARY 19, 2019): ’ ’ ’ ” ’ 5%#.'ž  VICINITY MAP GeospatialConstructionGeomaticsMappingAerialTerrain Land Surveying LLC P.O. BOX #364 Berthoud, CO 970-820-0527 office@terrainlandsurveying.com www.terrainsurveying.com 215 Park Lane Estes Park, Co 80517 Amended Plat: Park Suites Thomas Beck TW Beck Architects SURVEYOR'S CERTIFICATE: APPLICANT/OWNER: SURVEYOR/ CONTACT: TOWN ENGINEER'S CERTIFICATE: CLERK & RECORDER'S CERTIFICATE: BASIS OF BEARINGS STATEMENT:  6*'$'#4+0)5(146*+55748';#4'$#5'&106*'5176*2412'46;.+0'$'69''06*'(170&0146*9'56%140'4#0&6*'5176*9'56%140'41(6*'57$,'%6 2412'46;#5(7..;&'5%4+$'&*'4'10*#8+0)#$'#4+0)1(5176*ž'#569+6*#..$'#4+0)5%106#+0'&*'4'+04'.#6+8'6*'4'61  #../'#574'&#0&%#.%7.#6'&$'#4+0)5#4')4+&$'#4+0)51(6*'%1.14#&156#6'2.#0'%114&+0#6'5;56'/0146*<10'&'6'4/+0'&$;)251$5'48#6+105 NOTICE OF APPROVAL: SURVEYOR'S NOTES:  #%%14&+0)61%1.14#&1.#9;17/756%1//'0%'#0;.')#.#%6+10$#5'&10#0;&'('%6+06*+55748';9+6*+06*4'';'#451(6*'&#6';17(+456&+5%18'4 57%*&'('%6+001'8'06/#;#0;#%6+10$#5'&10#0;&'('%6+06*+55748';$'%1//'0%'&/14'6*#06'0;'#45(41/6*'%'46+(+%#6+10&#6'5*190*'4'10  6*'.+0'#.70+6(146*+55748';+56*'755748';(116  70&'4)4170&76+.+6+'5#4'10.;5*190*'4'109*'4'/#4-59'4'8+5+$.'#66*'6+/'1(6*'(+'.&5748';  5748';&#6#5*190+5#51$5'48'&&74+0)(+'.&8+5+65$'69''0 16*'4/+0146'/214#4;+/2418'/'06('#674'5#0&.#0&5%#2'('#674'5 ':+56106*'2412'46;#0&#4'0165*190*'4'10  (+&'.+6;0#6+10#.6+6.'%1/2#0;ž56+6.'%1//+6/'06(+.'Ä(ÄÄ,0$#OGPFOGPV0Q&#6'&('$47#4;9#56*'24+/#4;4'5174%'75'&(14 190'45*+2 '0%7/$4#0%'4'5'#4%*  #..5748';4'.#6'&6+6.'%1//+6/'064'.#6'&':%'26+1056*#6%#0$'5*190)4#2*+%#..;#4'5*190*'4'10  6*'57$,'%62412'46;&1'5016(#..9+6*+0#&'5+)0#6'&(.11&*#<#4&#4'#  57$,'%6.16#0&#&,#%'06.16190'45*+2#0&&''&4'('4'0%'5#4'#%%14&+0)616*'.#4+/'4%1706;#55'551410.+0'4'%14&510  16*'424'5%4+26+8''#5'/'065/#;':+56  /'#574'&#%4'#)'5#55*190*'4'10#4'016+0%.75+8'1(#4'#%106#+0'&9+6*+06*'#&,#%'064+)*65Ä1(9#; TOWN BOARD APPROVAL: 10' SCALE: 1" = 10' 0 20' TITLE COMMITMENT REVIEW NOTES (PER FIDELITY NATIONAL TITLE COMPANY'S TITLE COMMITMENT FILE #580-F0625475-383-JNB, Amendment No. 2 DATED FEBRUARY 19, 2019): 4'52105'5615748';4'.#6'&+6'/5+0+6#.+%5 015+)01(9#6'4':64#%6+1014'8+&'0%'1(9#6'44+)*65%744'0614*+5614+%9#55''0&74+0)(+'.&5748';'((146 016.#0&5748';4'.#6'& “ ” 6*+5&1%7/'06+5016.#0&5748';4'.#6'& #../#66'45+06*+5&1%7/'06*#8'$''0#&&4'55'&6*+54'('4'0%'&2.#6%17.&016$'(170&+06*'.#4+/'4%1706;27$.+%4'%14&5+6#22'#45 6*#66*'6910146*'4.;%140'455*190#55'62'46*+54'('4'0%'&2.#69'4'0'8'4'56#$.+5*'&+06*'(+'.& 016.#0&5748';4'.#6'& LEGEND: (170&/107/'06 #5&'5%4+$'& &''&'&142.#66'&&+/'05+105 241215'&2412'46;.+0'  /'#574'&14%#.%7.#6'&&+/'05+105 2412'46;.+0' 18'4*'#&76+.+6; 4+)*6Ä1(Ä9#;'#5'/'06.+0' #&,#%'060'+)*$14+0)2412'46;.+0' 5'61(4'$#49+6*#.7/%#2.5 '&)'1(2#8'/'06 .#0&5748';+0)ATTACHMENT 5 Page 132 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on RESOLUTION 51-20, 3RD AMENDED LAKEVIEW PLAZA CONDOMINIUMS, 1751 NORTH LAKE AVENUE 1A AND 1B, BRADFIELD PROPERTIES, LLC (GORDON AND ANNIE SLACK) AND JESSIE M FINCH/OWNERS. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application. Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2.STAFF REPORT. Review the staff report. Review any conditions for approval not in the staff report. 3.APPLICANT. The applicant makes their presentation. 4.PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL. The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. Page 133 2 6.MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the application. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7.SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 134 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: July 28, 2020 RE: Resolution 51-20, 3rd Amended Lakeview Plaza Condominiums, 1751 North Lake Avenue 1A and 1B, Bradfield Properties, LLC (Gordon and Annie Slack) and Jessie M. Finch, Owners (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an amended condominium map for compliance with the Estes Park Development Code (EPDC). Note: The public hearing will be conducted electronically. Advance registration for testifying at the public hearing is preferred to ensure an orderly hearing. Information for participation in the public hearing will be provided in the published agenda, which will be available at https://estespark.colorado.gov/boardsandmeetings. Present Situation: Lakeview Plaza Condominiums was originally recorded in February 1999, at Reception No. 99014369 in the records of the Larimer County Clerk and Recorder. This created seven condominium units. Subsequently, there were two amendments to that Condominium Map. The (1st) Amended Lakeview Plaza Condominiums was recorded in December 2005, at Reception No. 2005-0109615, which split Unit 1 into two units, Unit 1A and 1B. The 2nd Amended Lakeview Plaza Condominiums configured the attic area for Unit 1A to be above both Unit 1A and 1B. This was recorded in January 2008, at Reception No. 2208002852. This 2nd Amended Condominium Map also involved an access easement in the 1A attic area for “…the benefit of Unit 1B and the Lakeview Plaza Owner’s Association.” This is extremely cumbersome from an ownership and legal perspective, and has been problematic for potential sale of the units. The current owners have determined it would be simpler and clearer to have the attic boundary over each respective unit, as is typical in condominiums such as these. This request is to record an Amendment only to move the boundary line on the Condominium Map for these two units. No physical change to the structure, utilities, access, drainage, etc. are proposed through this Amendment. Staff notes there is no specific, clearly defined process for review and approval of an Amended Condominium Map in the EPDC. Previous Planning staff determined it was an administrative Page 135 type of review, and the 1st and 2nd Amended Lakeview Condominium Maps were not taken to the Town Board. The applicant’s representative and staff discussed this matter, and despite the precedent of the first two amendments it was determined Town Board approval was preferable to processing this 3rd Amended Lakeview Condominiums administratively under current Code. Proposal: The owner requests approval of the 3rd Amended Lakeview Plaza Condominiums Map. If approved, the Amended Condominiums Map would be signed by the Mayor, then recorded. Advantage: This proposal is consistent with the standards of the EPDC, specifically: Section 3.9 “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.” Disadvantages: None identified. Action Recommended: Approval of the 3rd Amended Lakeview Plaza Condominiums Map. Finance/Resource Impact: N/A Level of Public Interest Low or nonexistent. Staff has received no inquiries regarding the proposed Amended Condominium Map. Sample Motion: I move that the Town Board of Trustees approve Resolution 51-20. I move that the Town Board of Trustees deny Resolution 51-20, finding that [state findings for denial]. I move to continue the 3rd Amended Lakeview Plaza Condominiums Map to the next regularly scheduled meeting. (State reasons for continuance.) Attachments: 1. Resolution 51-20 2.Vicinity Map 3.Letter of Request 4.Condominium Map, 3rd Amended Lakeview Plaza Condominiums 5.Full Application: www.estes.org/currentapplications Page 136 RESOLUTION 51-20 A RESOLUTION APPROVING THE PLAT FOR THE 3rd AMENDED LAKEVIEW PLAZA CONDOMINIUMS, LOCATED ON LOT 1, AMENDED PLAT OF LOTS 2, 3 AND THE WEST 50 FEET OF LOT 4, BLOCK 2, LONE PINE ACRES ADDITION TO THE TOWN OF ESTES PARK, COLORADO WHEREAS, an application was filed by Bradfield Properties, LLC (Gordon and Annie Slack) and Jessie M. Finch (Owners), for an Amended Condominium Map to move a boundary line, for that portion of the attic that is currently over Unit 1B to become part of 1B, where currently it is part of Unit 1A; and WHEREAS, the Amended Condominium Map only moves the boundary line for the attic as described and no other revisions are proposed; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on July 28, 2020 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees has reviewed and taken administrative notice of the testimony, application, evidence, documents submitted at the hearing, and the contents of the Community Development Director’s file; and WHEREAS, the Board of Trustees finds the applicants have complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Plat for the 3rd Amended Lakeview Plaza Condominiums, located on Lot 1, Amended Plat of Lots 2, 3 and the West 50 Feet of Lot 4, Block 2, Lone Pine Acres Addition to the Town of Estes Park, is hereby approved. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 137 Site LocationÊ LAKE ESTES BIG T H O M P S O N A V EDRY GULCH RDW HIGHWAY 3 4 D E VILSGULCHRDN SAINT VRAIN A V E MALL RD C LARA D R EAST LNWEST LNELKTRAILCT4TH STN O R TH LN BLACKCANYONDRSTA N LE YAVE RAVENAVE WILDFIRE RDGEMLAK E T R L LAKEFRONT ST3RD STPINE LN E HIGHWAY 36ST E A M ER D R SOUTH LN STONEG ATEDR OTIS LN HIGH ST DEERP A T H CTRIDGE R D BELLEVUEDRRAVENCIR STEA M ERPK W Y 2ND STJOELESTESDR P T A R M IG A N T R L VISTA L NSUMMIT DR STANLEY C IRCLEDRHIGH PINE DR PIONEER LN MACC RACKEN LN HAYBAR N H ILLR D P R OSPECT A V E RED TAIL HAWK DRLUMPY RIDGE RD1ST STOLYMP IAN L NE E L K H O R NAVEBEACH LN RAVEN CT 0 500 1,000 Feet -Town of Estes ParkCommunity Development Printed: 7/9/2020 Created By: Jeff Woeber Project Name: Project Description: 3rd Amended Lakeview PlazaCondominiumsAmended Condominium MapFor Illustrative Purposes Only ATTACHMENT 2 Page 138 Bradfield/Finch Third Amendment to Lakeview Plaza Condominiums Statement of Intent June 9, 2020 SUBJECT ADDRESS OF OCCUPIED LAND: Legal: Units 1A and 1B, of the Second Amended Lakeview Plaza Condominiums Common Address: 1751 North Lake Avenue, Units 1A and 1B, Estes Park, CO. 80517 PROPERTY OWNERS: Bradfield Properties, LLC (Gordon and Annie Slack) and Jessie M. Finch ZONING: EVDC Commercial Outlying1 The property owners wish to complete an adjustment to the existing Condominium Map showing the boundary between Units 1A and 1B. The most recent plat for the property shows the two units, known as Unit 1A and 1B adjacent to each other along a north-south axis; however, the attic for Unit 1A extends to the north over Unit 1B. See Plat recorded at Reception Number 20080002852, January 14, 2008 (attached for reference as Attachment 1, hereto). Applicants/Owners propose to move the attic-level boundary between Units 1A and 1B so that the attic-level boundary corresponds to and is directly above the boundary on the Main level. See Redrawn Plat, attached hereto as Attachment 2. This has been reviewed by the Town of Estes Park. The Town Attorney and Director, Community Development, agree that this meets the criteria of EVDC 3.9.D.5 (or its successor equivalent). To the extent that there may have been a requirement of a neighborhood and community meeting, that requirement has been waived. Concurrence by the appropriate entity is requested. Thank you for consideration of this application for amendment to Condominium Map. 1 It is assumed that EVDC zoning designations will continue into the near future. ATTACHMENT 3 Page 139 ATTACHMENT 4Page 140 Utilities Department Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director; Reuben Bergsten, Utilities Director; Dan Kramer, Town Attorney; Steve Rusch, Utilities Coordinator Date: July 28, 2020 RE: Resolution 52-20 Peak View Apartments Water Tap Fee Installment Loan Agreement (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Approve the proposed installment loan agreement for water tap fees for the development of the Peak View Apartments by the Estes Park Housing Authority. Present Situation: At the June 9th Town Board Study Session, the Estes Park Housing Authority (EPHA) requested financial assistance from the Town of Estes Park for the Peak View Apartment project at 1551 South Saint Vrain Avenue. EPHA requested financial relief or assistance with the water tap fee, the building permit fee and the plan review fee. Town Board directed staff to review funding options and provide recommendations to the Board for consideration. Proposal: Working with EPHA, staff have proposed the following for the water tap fees: •$14,000 Water Tap Subsidy (currently budgeted in the General Fund) •EPHA may make a cash payment for part of the tap fee, depending on final contractor bids and the amount of their construction loan •Amortize the Remaining Water Tap Fee (Maximum not to exceed amount of $187,863) o 14-year loan with annual payments at 1.75% interest o Capitalized annually compounded interest for first three years o Annual payments beginning in 2024 o Amortized over a 10-year period beginning in 2024 Page 141 EPHA has asked that the Board approved loan be authorized up to a maximum of $187,863 with the final amount to be determined at the time of closing. EPHA is in the process of bidding out the construction and finalizing their financing package but it was not completed in time for this agenda item. EPHA and Town staff have agreed to set the loan amount and close this loan agreement by August 31, 2020. The loan repayment is proposed to start in 2024. This allows time to complete project construction and leasing of units prior to starting repayments. The interest accrued over these initial years will be added to the principal balance and compounded annually. Then the balance of the loan, including compounded interest, will be amortized over 10 years starting in 2024. The following table presents the total Peak View Apartment Project assistance package as proposed to EPHA, assuming a zero cash payment from EPHA for the tap fee: Description Total Fees & Charges Fee Waiver GF Subsidy Loan Balance Paid by EPHA Building Permit 18,825 9,413 - - 9,412 Cert of Occupancy 300 150 - - 150 Plan Review 9,412 9,412 - - - Permit Adjustment Allowance 1,025 1,025 - - - Water Taps 201,863 - 14,000 187,863 - Totals 231,425 20,000 14,000 187,863 9,562 Proposed Assistance - Peak View Apartment Project - EPHA Advantages: •The Town will be providing financial support to a nonprofit who is building workforce housing which aligns with the Board’s strategic plan. •The flexible funding arrangement allows EPHA to only borrow what is necessary, reducing costs to the project for the benefit of EPHA and the entire community. •The additional water customers will improve the water division’s economy of scale, which will benefit all customers. •The water tap fees that fund reconstruction of our aging water infrastructure are kept whole. Disadvantages: •We will not have immediate access to the loan amount for capital improvements; however, long term funding is a small compromise to the benefit of additional workforce housing. Page 142 Action Recommended: Staff recommends approval of this agreement. Finance/Resource Impact: The impact is relatively minor. Interest income in the first three years will be deferred until repayment begins in 2024. However, the interest rate charged on the proposed loan is intended to offset lost investment income of the Town, thereby having a neutral impact to the Town over the life of the loan. Level of Public Interest Low Sample Motion: I move to approve Resolution 52-20. Attachments: 1.Resolution 52-20 2.Attachment A - Water Tap Fee Installment Agreement Page 143 RESOLUTION 52-20 A RESOLUTION APPROVING AN AGREEMENT WITH THE ESTES PARK HOUSING AUTHORITY FOR WATER FEES FOR THE PEAK VIEW APARTMENTS WHEREAS, the Estes Park Housing Authority (EPHA) has requested, and the Town of Estes Park desires to provide, credit and financing for the water fees associated with the development of Peak View Apartments, in order to facilitate the construction of workforce housing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the agreement referenced in the title of this resolution in substantially the form now before the Board. Prior to execution, the Finance Director shall complete the incomplete fields in sections 2.3 and 2.4 of the agreement, as well as Exhibit B, the amortization table. This inserted information shall reflect a loan principal of no more than $187,863, and that sum shall be decreased by any amount EPHA elects to pay as a partial cash payment at the time of execution. The date fields in section 2.4 shall reflect the anniversary dates of the effective date of the agreement. The annual payment amount and amortization schedule shall reflect a standard amortization schedule. The agreement must be entered no later than August 31, 2020. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 144 Water Fees Agreement--Page 1 of 7 WATER FEES AGREEMENT PEAK VIEW APARTMENTS This AGREEMENT is entered into this ____ day of _________________, 20___ between the Town of Estes Park, acting by and through its Water Activity Enterprise (“Town”), and the Estes Park Housing Authority (“Owner”). RECITALS A.The Town operates and maintains a municipal water system (the “Town’s System”) within the Town of Estes Park and surrounding areas. B.Owner owns the property located at 1551 South Saint Vrain Avenue, more fully described on Exhibit A attached hereto and incorporated herein by reference (the “Property”). C.The Property is currently supplied with Town water. The proposed improvements will require additional supply. D.A building on the Property recently was demolished and is currently proposed to be redeveloped. This new construction requires connection of all improvements on the Property to the Town’s System. The Town’s System is contiguous to the Property. E.The cost for the Owner to connect to the Town’s System includes the payment of the Town’s System development and water right fees (“Fees”) for the amount of water service required to serve the Property, which is a total of $237,414.00. The Owner is also responsible for the cost to physically connect the improvements to the Town’s System. F.The parties desire to set forth the terms and conditions of the connection of the improvements on the Property to the Town’s System. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and the above Recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Owner’s Responsibilities 1.1 Owner agrees to connect to the Town’s System pursuant to the ordinances, rules and regulations of the Town. 1.2 Owner agrees to pay the sum of $237,414.00 for the Fees due to the Town for ATTACHMENT 2 Page 145 Water Fees Agreement--Page 2 of 7 connection to the Town’s System. The Fees shall be paid as provided in section 2 of this Agreement. 1.3 Owner shall be responsible for the physical connection to the Town’s System for the Property in accordance with the ordinances, rules and regulations of the Town. The service line from the Town’s water main to the Property shall remain the property of the Owner and not become a part of the Town’s System. Section 2. Payment of the Fees 2.1 The Town hereby agrees to provide a credit for the existing water service to the Property as of May 31, 2020 in the amount of $35,551.00. 2.2 The Town hereby agrees to provide an economic development assistance payment to the Owner in the amount of $14,000.00. The Town Board directs the Finance Director to allocate these moneys from the Town’s General Fund. 2.3 The Owner agrees to pay $________________ as a partial cash payment towards the Fees. 2.4 The remaining portion of the Fees of $__________ shall be an obligation of the Owner in the form of an installment loan bearing interest at 1.75% per annum, with capitalized interest for the first three years and with annual compound interest, and paid in annual payments of $______________ on or before ____________ of each year beginning on ______________, 2024. The annual payments are set forth in Exhibit B attached hereto and incorporated herein by reference. 2.5 At any point during the term of this installment Agreement, by way of written agreement, the two parties may modify or extend the installment due dates and modify the amortization table as deemed appropriate. Such agreement for modification of due dates may be entered by the Town Administrator on behalf of the Town without further Town Board action, provided the final maturity date of the installment loan is not extended. Extension of the final maturity date or modification of other terms of this Agreement will require Town Board action and approval. 2.6 If any annual payment of principal and interest is not made in full on or before its due date, as may be amended from time to time per section 2.5 above, the remaining balance of delinquent principal and accrued interest shall bear defaulting interest at a charge of one and one-half percent (1.5%) per month on the amount due until the annual payment, accrued interest, and defaulting interest is paid in full. Also, the Town shall have the right to terminate water service to the Property pursuant to the provisions of section 4 below. Section 3. Security for Payments 3.1 All water and connection charges, including this installment loan, shall be charged against the Owner, shall be a lien upon the Property, and shall be a Page 146 Water Fees Agreement--Page 3 of 7 perpetual charge against the Property until paid in full. In the event said charges shall not be paid when due, the Town Clerk shall certify such delinquent charges to the County Treasurer and the charges shall be collected in the same manner as though they were part of the taxes, pursuant to section 13.32.080 of the Estes Park Municipal Code, as may be amended from time to time. 3.2 The Town agrees that upon payment in full of all Fees including accrued interest and defaulting interest, that it shall release the lien on the Property. 3.3. The lien set forth in Section 3.1 in this Agreement shall be separate from any other liens for any unpaid water service charges for water service to the Property. Any lien for unpaid water service charges shall be as set forth in the Town’s ordinances, rules and regulations for water service. Section 4. Default 4.1 In the event of any default by either party in the terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party thirty (30) days’ notice in writing of said default. If said default is not cured within said thirty (30) day period, the non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages and all reasonable attorney's fees and court costs incurred by the non-defaulting party. Upon default of the Owner and failure to cure within the thirty (30) day period, the payment schedule set forth in section 2.2 and Exhibit B shall accelerate, the balance of the loan shall become immediately due and payable without further notice or demand, and the balance shall bear defaulting interest at a charge of one and one-half percent (1.5%) per month on the amount due until the annual payment, accrued interest, and defaulting interest is paid in full. 4.2 In the event of any uncured default pursuant to the terms and conditions of this Agreement, the Town shall additionally and cumulatively to section 4.1 have the right to physically remove the water meters from the Property and terminate water service to the Property. Owner understands and agrees that following termination of service, restoration of water service to the Property will be subject to the terms and conditions of the ordinances, rules and regulations of the Town. Section 5 Special Provisions 5.1 Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. 5.2 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any legal action relating to this Agreement shall be only in the District Court for Larimer County, Colorado. Page 147 Water Fees Agreement--Page 4 of 7 5.3 Attorney’s Fees. If any judicial proceedings hereafter are brought to enforce any of the provisions hereof, the prevailing party shall be entitled to recover the costs of such proceedings, including reasonable attorney's fees and reasonable expert witness fees. 5.4 Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as follows: The Town: Town of Estes Park Attn: Finance Director P O Box 1200 Estes Park, CO 80517 Owner: Estes Park Housing Authority Attn: Executive Director PO Box 1200 Estes Park, CO 80517 5.5 Assignment. Owner shall not assign its rights or delegate is duties under this Agreement without prior written consent by the Town. 5.6 Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such manner as to be valid under applicable law. If any provision of this Agreement shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. Section 6. Recording and Filing Covenants to Run With the Land 6.1 This Agreement shall be recorded in the real property records of Larimer County, Colorado. The covenants and obligations herein shall run with the Property and shall bind, and the benefit shall inure to, respectively the Owner and its successors and assigns, the Town, its successors and assigns, and all subsequent owners of the Property or any interest therein during the term of this Agreement. If ownership of the Property is divided, all such owners shall be jointly and severally liable for the fulfillment of all Owner’s obligations under this Agreement. Page 148 Water Fees Agreement--Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. ESTES PARK HOUSING AUTHORITY Executive Director Date Title: Date Title Date TOWN OF ESTES PARK Mayor Date ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 149 Water Fees Agreement--Page 6 of 7 EXHIBIT A Legal Description LOT CONSOLIDATION PLAT of PEAK VIEW APARTMENTS, EP (Parcel Number: 20180078952) (Former Parcels 1, 2, & 3) Page 150 Water Fees Agreement--Page 7 of 7 EXHIBIT B Amortization Table to be attached to final agreement Page 151 Page 152 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Randy Hunt, Community Development Director Date: July 28, 2020 RE: Fee Waiver Request, 1551 South Saint Vrain Avenue, Peak View Apartments, Building Division fees, Estes Park Housing Authority (EPHA) (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Fee Waiver QUASI-JUDICIAL YES NO Objective: Determine if the fee waiver request complies with Town Board’s adopted fee waiver policy and take action on the request. Present Situation: The Estes Park Housing Authority (EPHA) owns property at 1551 South Saint Vrain Avenue (Highway 7) in the Town of Estes Park. The property is approx. 1.605 acres in size and is zoned RM (Multifamily Residential.) EPHA in 2018 proposed the construction of a workforce housing development project, Peak View Apartments, on this site. In January 2019, the Estes Valley Planning Commission reviewed and approved a Development Plan for the project, which consists of twenty-six (26) multifamily apartment units. The project was approved under Sec. 11.4 of the Estes Valley Development Code (EVDC) (now the Estes Park Development Code, or EPDC), and is aimed at providing workforce housing for the community, with covenants requiring workforce-member occupancy per Sec. 11.4. Proposal: The applicant is now at the building-permit stage. Pursuant to filing for building plan review and obtaining permits, EPHA is requesting a fee waiver for building permit and review fees. The request letter from EPHA (Attachment 1) outlines the request and provides general background information on the project. Building division has reviewed these figures and confirmed that they are valid estimates, based on estimated valuation. Page 153 This request is to waive 50 percent of the building-permit and certificate of occupancy fees and 100 percent of the plan-review fees. The table on p. 2 of the EPHA letter (Attachment 1) shows how these amounts are broken out by type of review and by proposed building on the site. Staff calculates that the combined request as proposed would result in waiving 66.5 percent of total building-related fees. (Note: The County Use Tax cannot be waived by the Town for any project; however, EPHA is a tax-exempt entity, and Town staff concurs that this tax does not apply to them, so it’s shown appropriately as “n/a”.) If granted as requested, the waived amount would come to $18,974.71. In keeping with past practice, staff suggests the amount waived be slightly increased to the nearest round number, in order to make bookkeeping a bit simpler and also to allow for minor unforeseen contingencies. In this case, staff suggests a not-to-exceed waiver at $20,000 (which provides for approx. 5 percent contingency.) Building fee waivers in 2020 are somewhat more complicated due to our contract with SAFEBuilt for plan-review and building-permit services. Staff appreciates that EPHA has not requested a 100 percent waiver in all categories, as that would translate to a larger direct payment to SAFEBuilt out of General Fund. Under this proposal the Town will subsidize the EPHA project by paying SAFEBuilt a proportion of the cost that would otherwise be charged to the applicant. As the Board is aware, on July 14 a contract amendment with SAFEBuilt was approved to provide for a 50 percent discount for Town-owned projects. Although EPHA is not a department of Town government per se, they are closely allied to the Town in structure and operations. SAFEBuilt has agreed to consider this fee request as meeting the contract criteria for a Town project, and will discount the permit and plan-reviews fees by 50 percent. Assuming the waiver is approved as requested and there is no change in actual fee amounts, we estimate the Town’s payment to SAFEBuilt to be approx. $4,706.18 (= 50 percent of the plan-review fee.) This payment would come out of General Fund. For the building-permit part of the fees, EPHA would pay $9,562.35 (= 50 percent of the total building-permit + certificate of occupancy amount at $19,124.70). All of the $9,562.35 payment would be passed through to SAFEBuilt, since the 50 percent discount is equal to the 50 percent waiver request. The outcome of this arithmetic is that the Town’s General Fund will subsidize the project’s building fees by $4,706.18. Staff would judge this amount to be a modest contribution to further a worthwhile goal and project. The Town would Policy 402 (Fee Waiver Policy) adopted by the Town Board is attached. Staff concludes that this request meets the policy’s requirements for workforce housing. Advantages: Page 154 •Aligns with Town Board’s policy of supporting essential community needs – in this case, workforce housing development - through consideration of waiving fees assessed by the Community Development Department. •Proposed development includes twenty-six (26) workforce housing units to serve employees in the Estes Valley. Disadvantages: Net cost to the Town General Fund at $4,706.18. Action Recommended: Because the requested fee waiver is greater than $3,000.00, Town Board is the appropriate decision-making body for this request. Community Development recommends approval of the building permit and plan review fee waiver request as presented. Finance/Resource Impact: General Fund: 101-2300-322.10-00 Licenses and Permits – Building Up to $4,706.18 in net cost to the Town. Staff would add that, although difficult to measure, completion of this project will add revenue to the Town by providing our workforce housing, thus multiplying economic benefits in several categories. Level of Public Interest Low. Sample Motion: I move for the approval of the fee waiver request as presented, with a not-to-exceed waiver authorization of $20,000.00 for the proposed project. Attachments: 1.EPHA request letter (June 24, 2020) 2.Policy 402 – Fee Waiver Page 155 ATTACHMENT 1 Page 156 Page 157 EffectivePeriod:UntilSupersededReviewSchedule:Biennially-SummerEffectiveDate:4/26/2019References:N/A______COMMUNITYDEVELOPMENT402FeeWaiver1.PURPOSEToestablishauniformpolicyforwaiverofCommunityDevelopmentfeesinsupportofessentialcommunityneeds.2.POLICYItisthepolicyoftheTownBoardofTrusteestosupportessentialcommunityneedssuchasattainableand workforcehousing,assistedliving,and healthcareservicesthroughconsiderationofwaivingin-housefeesassessedbythe CommunityDevelopmentDepartment.TheEstesValleyComprehensivePlanisusedasaguideinidentifyingthesecommunityneeds.3.PROCEDUREa.EligibleEntitiesThefollowingentitiesmay beexemptedfromsomeorallCommunityDevelopmentDepartmentfees,e.g.,buildingpermitfees,developmentreviewfees,andsigncodefees(exceptfordirectexpensesincurredinoutsourcing):1)Publicfundedgovernmentconstruction(federal,state,county,local);includingtaxdistricts/specialdistricts(e.g.,hospital,library,parksandrecreation);or2)Organizationsprovidinglow-incomehealthandhumanservicesorattainableor workforcehousing.b.FeeWaiverCriteriaTheFollowingcriteriawillbeusedtoqualifylow-incomehealthandhumanservicesorattainableorworkforcehousingprojects:1)Acriticalserviceisbeingprovided;2)Thepermittedproject orbuildingwillserveorsupportacurrentlyunderservedandneedysegmentofthecommunity;3)Thepopulationbeingservedisthegeneralpublicandisnotsubjecttoanypre-qualificationotherthananeeds-based(attainability)qualification,or(inthecaseofhousing)alocalemployment(workforce)qualification;DocumentTitlePolicy402FeeWaiver4/26/2018Revisions:2TownofEstesPark,CommunityDevelopmentPage1of3ATTACHMENT 2Page 158 4)Attainableorworkforcehousingisdeed-restricted;or5)Inthecaseofhousing,aprojectiseligiblefortheattainableor workforceincentivecriteriainSec11.4oftheEstesValleyDevelopmentCode.c.FeeWaiverRequestItisnotthepolicyoftheTownofEstesParktoroutinelywaivefeesforprojectsmeetingtheabovecriteria.TheseprojectsmayrequestexemptionbysubmittalofawrittenrequesttotheCommunityDevelopmentDepartment.Thedecision-makingbodywillheartherequestandmaychoosetowaivesomeorallfeesbasedonthemeritsofrequest.WaiverRequestDecision-MakingBody<$500perproject;orCommunityDevelopmentDirector<$500perattainableorworkforcehousingunit>S500and<$3,000perproject;orCommunityDevelopmentDirector,>S500and<$3,000perattainableorworkforcefollowingreviewbyTownhousingunitAdministrator43,000perproject;orTownBoard43,000perattainableorworkforcehousingunitApproved:MayorDteRevisedbyTownAdministrator3/29/2018perOrdinance04-2018DocumentThiePolicy402FeeWaiver4/26/2018Revisions:2TownofEstesPark,communityDevelopmentPage2of3Page 159 Page 160 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: July 28, 2020 RE: Interview Committee for the Board of Appeals (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for the open position on the Board of Appeals. Present Situation: The Estes Park Board of Appeals consists of five volunteer community members with technical qualifications. The board currently has one vacancy, for a registered design professional with plumbing engineering experience or a plumbing contractor with at least ten years’ experience, five of which shall have been in responsible charge of work. The Town Clerk’s Office has advertised the opening and currently has received one application as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the Board position. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Page 161 Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Board of Appeals interview panel. Attachments: None. Page 162