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HomeMy WebLinkAboutPACKET Town Board 2020-09-08(Instructions continued on page 2, Agenda begins on page 3) 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. BOARD OF TRUSTEES – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, September 8, 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, September 8, 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, September 8, 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 September 8, 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. Prepared 08-28-2020 *Revised 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, September 7, 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, September 7, 2020. Due to the holiday please leave a voicemail and your comment will be transcribed. 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, September 7, 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, September 7, 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, September 8, 2020 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION – RECOGNITION OF DR. JAMES DURWARD. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. POLICY GOVERNANCE MONITORING REPORT – POLICY 3.8. Policy 2.3 establishing reporting requirements for the Town Administrator under Policy Governance. Policy 3.8 is reported on each September. CONSENT AGENDA: 1. Bills. 2.Town Board Minutes dated August 25, 2020 and Town Board Study Session Minutes dated August 25, 2020. 3.Estes Park Board of Adjustment Minutes dated August 4, 2020 (Acknowledgement only). 4.Parks Advisory Board Minutes dated February 20, 2020 (Acknowledgement only). 5.Transportation Advisory Board Minutes dated May 12, 2020 and July 15, 2020 (Acknowledgement only). 6.Family Advisory Board Appointment of Chris Douglas for a term expiring April 30, 2023. 7.Acceptance of Town Administrator Policy Governance Monitoring Report. ACTION ITEMS: 1. RESOLUTION 55-20 PURCHASE CONTRACT FOR THE THUMB OPEN SPACE. Supervisor Berg. Present the Purchase Contract for the Thumb Open Space acquisition. 2.PUBLIC HEARING - ORDINANCE 11-20 PROPOSED ELECTRIC RATE INCREASE: Director Bergsten. Continued from August 25, 2020. Present the electric rate study results. 2. INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. Town Clerk’s office. ADJOURN. Prepared 08-28-2020 *Revised Page 3 Page 4 Town Administrator’s Office Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: September 8, 2020 RE: Policy Governance Monitoring Report – Policy 3.8 (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. Reporting on Policy 3.8 – Compensation and Benefits is required in September of each year. Policy 3.8 states: “With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity.” 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 5 Policy 3.8: With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not: 3.8.1: Change his or her own compensation and benefits Status: Compliance Interpretation: I interpret this to mean that I cannot take any action that would result in a personal financial benefit, including modifying my benefits, leave provisions, or compensation in any way that is not defined in my employment agreement or specifically approved by the Town Board. Compliance with the policy will be achieved when: All of my compensation and benefits remain as approved by the Board through either my employment agreement or by specific action of the Town Board. Evidence: 1. The adopted budget and Comprehensive Annual Financial Report document that I have not taken any action to change my own compensation or benefits. Report: I report compliance. 3.8.2: Promise or imply permanent or guaranteed employment Status: Compliance Interpretation: I interpret this to mean that I cannot make any statements to current or potential employees that they can be assured of guaranteed employment with the Town of Estes Park. Compliance with the policy will be achieved when: I did not make any comments, verbally or in writing to any employee that can be construed as implying permanent or guaranteed employment. Evidence: 1. Since this is a requirement NOT to do something, the evidence would be for non-compliance (a substantiated allegation that such a promise or implication was made). No such allegations have been raised with myself, Human Resources or with the Town Board. Report: I report compliance Page 6 3.8.3: Establish current compensation and benefits which deviate materially for the regional or professional market for the skills employed Status: Compliance Interpretation: I interpret this to mean we regularly compare our compensation and benefits to the regional market. That market has been defined in Policy 301 as adopted by the Board. The specifics of the market comparison process are defined in Policy 301. Compliance with the policy will be achieved when: I ensure we fully comply the procedures and steps outlined in the Board adopted Policy 301 regarding Classification and Compensation Evidence: 1. The compensation study, as prepared by the Town Compensation Consultant under the supervision of Human Resources staff. 2. Published Compensation schedules and Classification plan which is congruent with the results of the annual Compensation Study. 3.Specifics of the compensation model and most recent study are available for inspection upon request. Report: I report compliance. 3.8.4: Establish deferred or long-term compensation and benefits, without approval of the Town Board. Status: Compliance Interpretation: I interpret this to mean that I cannot take any action that would create or change any deferred or other long-term compensation for any employees without specific Board approval. Compliance with the policy will be achieved when: There have been no changes to anyone’s deferred or other long-term compensation or benefits without Board approval. Evidence: 1. The adopted budget and the Comprehensive Annual Financial Report document that I have not taken any action to change any long-term compensation or benefits without the prior approval of the Board. Report: I report compliance. Page 7 Page 8 Town of Estes Park, Larimer County, Colorado, August 25, 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 25th day of August, 2020. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Barbara MacAlpine Scott Webermeier Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Reuben Bergsten, Utilities Director Bunny Victoria Beers, Recording Secretary Absent: Marie Cenac, Trustee Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION - 100TH ANNIVERSARY OF THE PASSAGE OF THE 19TH AMENDMENT. Mayor Koenig presented a proclamation commemorating the 100th Anniversary of the passage of the 19TH Amendment. Jean McGuire, member of the 100 Years Celebration of Women Task Force stated celebrations include: a 19th Amendment display at the Estes Valley Library, a car caravan through downtown, and a free showing of “On the Basis of Sex” at the Reel Mountain Theater. She encouraged the public to submit comments and stories celebrating women of the Estes Valley for the 100 Years a 100 Women Project. PROCLAMATION – CONSTITUTION WEEK. Mayor Koenig presented a proclamation recognizing September 17, 2020 through September 23, 2020 as Constitution Week. AGENDA APPROVAL. It was moved and seconded (Bangs/Webermeier) to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. Jim Kelley/Town citizen voiced concerns regarding parking lot improvements for the Stanley Hotel Carriage House. He stated his property faces the parking lot where a fence was proposed during architectural review. He requested the Board give a strong position in favor of a fence between the parking lot and homes at the site during the Technical Review of the Carriage House. TRUSTEE COMMENTS. Trustee Bangs stated the Estes Park Non-Profit Resource Center held a meeting to discuss childcare situations. She stated the Estes Park School District would begin the 2020 school year virtually and an in-person option when health officials determine in person learning can commence. The Boys and Girls Club and YMCA of the Rockies have spaces available for children ranging from Kindergarten through 6th Grade. She stated the Estes Valley Childcare Collaborative would be providing more information to the Town regarding childcare options when available. The Transportation Advisory Board met and discussed the Electric Vehicle Plan. The Estes Valley Restorative Justice Partnership is requesting feedback on their community, school and justice-based programming through a survey which can be found on the website. Mayor Pro Tem Martchink attended the Economic Development Corporation (EDC) meeting where Tom Carosello was appointed to the Board of Directors and the EDC DRAFTPage 9 Board of Trustees – August 25, 2020 – Page 2 Sustaining Support program was formed to find alternative revenue sources outside of the traditional funding mechanisms. Trustee MacAlpine attended the Estes Park Planning Commission meeting on August 18, 2020 where increased building height in the Downtown Commercial (CD) zoning district was discussed as addressed in the Downtown Plan approved in 2018. She stated the plan has potential in terms of providing additional space for workforce housing and encouraged the public to provide input to the Planning Commission and staff. On behalf of Trustee Cenac, Liaison to Western Heritage, Mayor Koenig requested feedback from Attorney Kramer regarding the Memorandum of Understanding (MOU) with Western Heritage which renews automatically on September 1, 2020 and requested Board consideration in terminating the MOU. The Board requested more information regarding transparency concerns mentioned by Trustee Cenac, the upcoming Western Heritage Board election, and the need to clarify the role and relationship between the Town and Western Heritage. Attorney Kramer and Director Hinkle continue to work on the Board’s recommended edits to the MOU and would present an update to the Board at a future meeting. Town Administrator Machalek stated staff can schedule a review of the MOU in the spring which the Board was in agreement and took no action on terminating the MOU. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek attended the Larimer County Department of Public Health and Environment conference call for an update on COVID-19. He stated cases are showing a downward trend and health officials are seeing a decrease in hospitalizations. Estes Park Sanitation District and Upper Thompson Sanitation District have begun waste water COVID testing by submitting samples to be tested in a lab at CSU to develop trend data. He encouraged the public continue to take precautions, maintain social distancing and wear face coverings in public. 1.CONSENT AGENDA: 1. Bills. 2.Town Board Minutes dated August 11, 2020 and Town Board Study Session Minutes dated August 11, 2020. 3.Estes Park Planning Commission Minutes dated June 16, 2020 and Study Session Minutes dated July 21, 2020 (Acknowledgement only). 4.Family Advisory Board Minutes dated July 2, 2020 (Acknowledgement only). It was moved and seconded (Webermeier/Younglund) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. ORDINANCE 11-20 PROPOSED ELECTRIC RATE INCREASE. Mayor Koenig opened the public meeting. Director Bergsten stated the initial public hearing on the electric rate increase was brought forward to the Board on March 10, 2020. The global pandemic has resulted in a one-year delay in the proposed electric rate increases to January 2021. The proposed rate increase balances costs and revenues and keeps utilities in line with ever-increasing federal standards. Staff proposes an overall revenue increase of 5.9% spread out over three years. He stated 91% of customers fall into residential or small commercial class. Over a three-year period, the average monthly increase would be approximately 2.2% for residential and 0.9% for small commercial customers. He stated measures have been taken to reduce budgetary impacts of COVID-19. Staff stated delinquencies grew after mitigation efforts were issued by the Governor, prohibiting the charging of delinquency fees. Businesses are starting back up and a number of businesses have attempted to make payments on utility fees. Board comments have been summarized: Questioned which impacts drove the decision to delay the rate increase to 2021; clarification on fund transfer amounts to the General Fund; the historical increase in transfer amounts over theDRAFT Page 10 Board of Trustees – August 25, 2020 – Page 3 years; and what the impact to rates would be from a decrease in the transfer funds. Staff continues to review transfer amounts from Utilities to the General Fund, stating awareness of the growing proportion of the transfer funds. Town policy caps the percentage of utility charges for service which could be transferred at 12%. It was moved and seconded (Webermeier/Martchink) to continue the rate hearing to the September 8, 2020 meeting, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 7:36 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Recording Secretary DRAFTPage 11 Town of Estes Park, Larimer County, Colorado August 25, 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 25th day of August, 2020. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer and Recording Secretary Disney Absent: Trustee Cenac Mayor Koenig called the meeting to order at 5:15 p.m. OPEN SPACE AND OUTDOOR RECREATION PLAN. Executive Director Jeffrey Boring provided an overview of the Open Space and Outdoor Recreation Plan. He stressed the intention of the plan was not to be a regulatory document, to define what makes the Estes Valley special. He highlighted proactive conservation efforts, financial implications of conservation donations, land limitations, public outreach and the planning process. The Board discussed conservation effects on workforce housing, financial support from the Town, transfer of development rights, neighborhood recreation, foundation for Town efforts, and next steps. FUTURE OF HUMAN RESOURCES MANAGEMENT – HR STRATEGIC PLAN. Director Williamson provided an overview of the HR Strategic Plan which addresses key areas of training and development, recruiting, selection and onboarding, retention, engagement and communication, compensation and benefits, and infrastructure. She highlighted the current services provided by Human Resources, the strategic planning process, phased approach for implementation, and the structure of Human Resources. The Board discussed exit interviews with departing employees, the options for Human Resources structure, and the importance of Human Resources. DISCUSSION ON HOLDING TRUSTEE TALKS. This item was moved to the September 8, 2020 Study Session. TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek provided the following schedule for upcoming Study Session Agenda Items: September 8, 2020 Discussion on Holding Trustee Talks, Semi- Annual Compliance Review of Governing Policy 1.10, Family Advisory Board recommendations, and Childcare Funding Guidelines; September 22, 2020 Update on Community Childcare Efforts and Revisit Fee Waiver & Subsidy Policies; October 13, 2020 Future Funding of Arts in Public Places Program; and October 27, 2020 Parking Division Year in Review and Plans for 2021. Trustee Younglund requested a discussion on adjusting the start time of Study Sessions to allow more time for Board discussions during the meetings. It was determined staff would adjust the agendas to allow for more discussion time. DRAFTPage 12 Town Board Study Session – August 25, 2020 – Page 2 There being no further business, Mayor Koenig adjourned the meeting at 6:29 p.m. Kimberly Disney, Recording Secretary DRAFTPage 13 Page 14 Town of Estes Park, Larimer County, Colorado, August 4, 2020 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of Estes Park on the 04 day of August, 2020. Committee: Chair Jeff Moreau, Vice Chair, Wayne Newsom, Board Member Joe Holtzman Attending: Vice Chair Newsom, Board Member Holtzman, Community Development Director Randy Hunt, Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Town Board Liaison Barbara MacApline, Town Attorney Dan Kramer Absent: Chair Moreau Vice-Chair Newsom called the meeting to order at 9:00 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Newsom/Holtzman) to approve the agenda. The motion passed 2-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The motion passed 2-0. VARIANCE REQUEST, HABITAT FOR HUMANITY, 1730 RAVEN AVENUE. Director Hunt reviewed the staff report and the applicants request for a variance to the current density requirement in EPDC Sec. 4.3.C.4 Table 4-2 “Max. Net Density (units/acre)” column, for the RM (Residential Multifamily) Zoning District. The table permits a maximum of 8 units per acre; applicant requests a density of 25.5 units / acre. Habitat for Humanity is proposing to build 6 units on this property, which would not require a variance. In order to allow the lot split to happen, this variance is needed to bring the current condominiums into compliance. Staff recommended approval of the requested variance. Board Comments: None, thanks to thorough review by Director Hunt. Applicant Comment: Joe Coop, Van Horn Engineering, spoke on the history of the lot and the confusion as to whether or not it was ever subdivided. Doing a minor Page 15 Estes Park Board of Adjustment, August 4, 2020 – Page 2 subdivision will clean this up. Moving the lot line and building more parking will improve the look and appeal of the entire complex. Dave Emerson, Director of Habitat St. Vrain Valley, gave a presentation on how Habitat serves and helps the community. The new homes will blend into the neighborhood where they are being built. These homes will be deemed Affordable Housing permanently, even when an owner sells. This particular property has been under contract with the owners since 2011. The subdivision process will contain the elements of green space, yards, fencing and other details. Brenda Wyss, Habitat Home recipient, spoke on her experience with the program and what it has meant to her and her family, stressing how grateful she is to partner with Habitat for Humanity. Craig Ellsworth, Habitat Board of Directors, spoke in favor or the project and reviewed the need for affordable housing in the Estes Valley. Public Comment: Gregory Parrack, 1747 Raven Avenue, stated concerns with children not having enough green-space, parking problems and thinks that six houses is too many, preferring three or four. It was moved and seconded (Holtzman/Newsom) to approve the requested variance, with findings and conclusions as outlined in the staff report, and specifically including the following condition: 1. The Minor Subdivision, as substantially shown on the Preliminary Minor Plat of Lot 1, North Lake Subdivision, shall be approved and recorded within one (1) year from August 4, 2020, or the variance shall be deemed null and void. The motion passed 2-0. REPORTS There is one item on the agenda for the September 1 meeting. There being no further business, Vice-Chair Newsom adjourned the meeting at 10:05 a.m. Wayne Newsom, Vice-Chair Karin Swanlund, Recording Secretary Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: September 8, 2020 RE: Family Advisory Board Appointment (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To consider the recommended appointment to the Family Advisory Board. Present Situation: Updated Family Advisory Board bylaws were approved by the Town Board on April 23, 2019 to change the membership requirements to 7-10 members, currently the board has 8 members. The Town Clerk’s office received a request to consider the appointment of the newly hired from the Estes Valley Investment in Childhood Success (EVICS) Director Chris Douglas. The bylaws state in appointing the membership of the Family Advisory Board, the Town Board will consider membership representation for key organizations such as EVICS, the Housing Authority, the School District, and Families for Estes (IV.C.2.) Proposal: Staff reviewed the appointment of the new EVICS Director with the current Board liaison Trustee Younglund who agreed to bring the appointment forward for the Board’s consideration. The former EVICS Director Nancy Almond would remain a member of the FAB with a term expiring in April 2021. This would ensure the current EVICS staff has representation on the FAB, and would maintain the membership levels outlined in the bylaws with 9 members. Staff would recommend foregoing the interview process and appoint Chris Douglas. Advantages: Appointing one member would bring new perspectives to the current board. Disadvantages: If the appointment is not made, staff representation from EVICS would not be present on the board. Page 27 Action Recommended: Appoint Chris Douglas to a term expiring April 30, 2023. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move approve/deny the appointment of Chris Douglas to the Family Advisory Board for a term expiring April 30, 2023. Attachments: None. Page 28 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Date: September 8, 2020 RE: RESOLUTION 55-20 Purchase Contract for the Thumb Open Space (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Present the Purchase Contract for the Thumb Open Space acquisition. Present Situation: On December 10, 2019, the Town Board approved the GOCO grant application for financial assistance to purchase land that is known as the Thumb Open Space. This application was awarded to the Town on March 12, 2020. On April 28, 2020 the Town Board voted to approve Resolution 24-20, the GOCO Grant Agreement for the Thumb Open Space Grant Agreement. Proposal: Approve the Purchase Contract for the Thumb Open Space and allow staff to continue with the GOCO Land Acquisition process. Advantages: •Approval will allow staff to finalize the GOCO Due Diligence Checklist and complete the purchase of the Thumb Open Space. •Approving this Purchase Contract comes with significant support from other organizations including the Estes Valley Land Trust, The Access Fund and Rocky Mountain Conservancy. •There are many advantages for the Town acquiring and managing this land that were outlined in the grant application presentation to the Board. Page 29 Disadvantages: •The GOCO Grant requires a cost share and there will be continued costs for the management plan and future land maintenance. Action Recommended: Public Works staff seeks approval/denial of this Purchase Contract to continue the acquisition process for the Thumb Open Space. Finance/Resource Impact: The anticipated costs of this acquisition and ongoing ownership were presented to the Board with the proposed grant application. The Town contribution to the land acquisition is proposed to be paid with Larimer County Open Lands funds ($171,700.00) and state lottery Conservation Trust Funds ($70,000). Additionally, General Fund dollars (approximately $6,900 from Streets and Parks Division operations) are proposed for initial trailhead improvements. Costs for a management plan, parking lot enhancements, signage and other items identified in a future management plan are not included and will be identified and budgeted in the future. Ongoing maintenance expenses for the trails are estimated to range from $1000 to $4500 (based on current assumptions), and will be addressed in the annual budgeting process. The terms of a future management plan may require additional funding from the Town. Level of Public Interest The level of interest from the neighboring property owners is high while the known public interest from the broader community is moderate. Sample Motion: I move for the approval/denial of Resolution 55-20. Attachments: 1.Resolution 55-20 2.Purchase Contract 3.GOCO Grant Agreement for the Thumb Open Space 4.GOCO Land Acquisitions Guidelines including the GOCO Due Diligence Checklist 5.Thumb Open Space Grant Application, including proposed budget for reveiw link Page 30 RESOLUTION 55-20 A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE WITH PROSPECT MOUNTAIN, LLC, FOR THE PURCHASE OF THE THUMB OPEN SPACE PROPERTY WHEREAS, the Town desires to purchase the Thumb Open Space property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. 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. The Board authorizes the Town Administrator or his designee to approve all further documents and ancillary agreements as may be necessary to complete the purchase and sale. Section 2. The Board repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 31 Attachment 2 Page 32 February 24, 1998, under Reception Number 98013581, also referred to as assessor's parcel number 3536425013; and Outlots A, B, C, Prospect Highlands Subdivision, a portion of Tract A, Prospect Estates addition to the Town of Estes Park, all located in the SE ¼ of Section 36, Township 5 N, Range 73 West of the 6th P.M., County of Larimer, State of Colorado, also referred to as assessor's parcel numbers 3536426001, 3536426002 and 3536427003; and Outlot C, Prospect Mountain Subdivision, a P.U.D., First Filing, a portion of Tract A, Prospect Estates Addition to the Town of Estes Park, County of Larimer, State of Colorado, also referred to as assessor's parcel number 3536408003. together with all easements and rights of way appurtenant to the Property, and all improvements on the Property; together with: any water, water rights, ditches and ditch rights, including shares in water and ditch companies appurtenant to or used in connection with the Property; together with any minerals of whatever kind or character in, under, and upon or that might be produced from the Property (including any rights and royalties under any mineral leases). 3 PURCHASE AND SALE. Subject to the following provisions, the Town of Estes Park, Colorado, a municipal corporation, (Purchaser), agrees to buy, and Seller agrees to sell, the Property on the terms and conditions stated in this Contract. 4 PRICE. The purchase price shall be $600,000.00, payable by Town of Estes Park check at closing. 4.1 The price includes payment for the following personal property: None. 5 CLOSrNG. The parties shall close this Contract on December 1 51, 2020 or another date to which the parties may agree. Purchaser shall set the hour and place of closing. Closing agent shall place the earnest money and part payment in an interest-bearing escrow or trustee account and shall pay the interest to Seller. Except as otherwise agreed, the Purchaser shall pay any closing or escrow costs or fees, including costs of drafting the deed of conveyance, documentary stamps and recordation. 6 TITLE INSURANCE. At least twenty (20) days before closing, Purchaser shall secure, from a title insurer of Purchaser's choosing, and at Purchaser's sole expense (including any necessary surveying expenses), a current ALTA owner's title insurance commitment for the Property, accompanied by copies of all instruments and documents identified as creating 2 Page 32a insurance exceptions (Title Documents), and a current Treasurer's Certificate of Taxes due on the Property. The title insurer shall commit to delete from the policy its standard printed insurance exceptions concerning interests or claims not of record; easements or encumbrances not of record; unpatented mining claims, reservations or exceptions; liens for labor, service, or materials not of record; details reflected by a survey and inspection of the Property; and defects or encumbrances created or appearing of record after the title insurance commitment. Purchaser shall give Seller written notice of unmerchantable title or of any other unsatisfactory title condition shown by any new, revised or updated title insurance commitment or Title Documents within 10 days after receiving the title insurance commitment and any referenced Title Document, or by the closing date. 6.1 RIGHT TO CURE. If Purchaser gives notice ofunmerchantable title or any other unsatisfactory title condition as provided above, Purchaser, at Purchaser's sole option, may either terminate this Contract or require Seller to use reasonable efforts to correct said unsatisfactory title condition(s) before the closing date. If Seller, after notice that Purchaser requires it, fails to cure unsatisfactory title condition(s) by the closing date, this Contract shall terminate, unless Seller receives Purchaser's written notice, by the closing date, that Purchaser waives its objection, and elects to close this Contract. If Purchaser terminates this Contract under this paragraph, Seller and closing agent shall promptly refund all amounts paid by Purchaser toward the Purchase price, and the parties shall have no further obligation or liability to each other. Purchaser may, at its sole option and its sole expense, either purchase or decline the title insurance under this paragraph. 7 TITLE AND EXCEPTIONS. Except as stated in this Contract, Title shall be good and merchantable in Seller. Subject to Purchaser's payment or tender, as above provided, and Purchaser's compliance with the other terms of this Contract, Seller shall execute and deliver to Purchaser a good and sufficient general warranty deed, in a form acceptable to the Purchaser by the closing date, conveying the Property free and clear of all taxes and liens (including liens for special improvements installed as of the date of Purchaser's signature on this Contract, whether assessed or not) and other encumbrances, but subject to applicable building and zoning regulations. 8 ENCUMBRANCES. Closing agent may use the proceeds of this transaction or any other of Seller's funds to remove any encumbrance not permitted by this Contract at closing. However, if the total obligations secured by liens or encumbrances exceed the purchase price, then this Contract, at the election of Purchaser, shall become void and of no effect. Such election shall release each party from their respective obligations to buy and sell, and Seller and closing agent shall return to Purchaser all payments and other things of value given under this Contract. 9 CLOSING ADJUSTMENTS. The closing agent shall apportion general taxes for the year of closing (based on the most recent levy and the most recent assessment) to date of delivery of deed. Closing agent shall deduct from Seller's funds, and pay to the County Treasurer under C.R.S. 39-3-132, Seller's prorated share, based on the prior year's taxes. The proration 3 Page 32b Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 1 of 16 Updated 1/2019 GRANT AGREEMENT Project Name: Thumb Open Space Project Completion Date: March 12, 2022 Great Outdoors Colorado Contract No.: 20044 PARTIES TO AGREEMENT Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund Address: 1900 Grant Street, Suite 725 Denver, CO 80203 Telephone: (303) 226-4521 Contact name: Courtney Bennett Grantee: Town of Estes Park, Parks Division Address: 170 MacGregor Avenue, Estes Park 80517 Contact name: Travis Machalek Telephone: 970-577-3705 Partner: Estes Valley Land Trust Address: 1191 Woodstock Drive #5 Contact name: Jeffrey Boring Telephone: 970-577-6837 Date: September 2, 2020 EXHIBITS Exhibit A Project Summary Exhibit B Resolution Exhibit C Approved Budget Exhibit D GOCO Due Diligence Checklist for Local Government Land Acquisitions – Closing Attachment 3 Page 40 Page 2 of 16 Updated 1/2019 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or “Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state’s parks, wildlife, open space, and recreational resources. B. In 1994, GOCO created a statewide grant program pursuant to which eligible entities could apply for grants for local government parks and outdoor recreation projects. Grantee listed above (“Grantee”) submitted a detailed project application (“Project Application”) that contemplates the acquisition of that certain real property described in the Project Application Property”). GOCO approved Grantee’s Project Application, which is incorporated into this Agreement by reference, on March 1, 2020, as described in GOCO’s project summary (“Project Summary”), attached and incorporated as Exhibit A, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application. The acquisition described in the Project Application and Project Summary is referred to as the Project.” C. The parties intend this agreement to be the detailed grant agreement required by GOCO Agreement”). AGREEMENT NOW, THEREFORE, in consideration of the parties’ mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: SECTION 1 – PROJECT 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Representations and Warranties of Grantee. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee’s governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B. 3. Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed 350,000.00 (“Grant”), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project as approved by GOCO. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. Page 41 Page 3 of 16 Updated 1/2019 4. Project Scope. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO (“Executive Director”) or the Executive Director’s designee, such approval to be in GOCO’s sole discretion. Any material modification to the Project undertaken without GOCO’s prior written consent may be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to seek a resolution before any funds are advanced. 5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely fashion and consistent with this Agreement and GOCO’s approvals related to the Project. 6. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated sources and uses of funds for the Project, including a detailed accounting of Grantee’s anticipated direct costs associated with the Project, a copy of which is attached and incorporated as Exhibit C (“Budget”). Eligible costs are described in Paragraph 11 of this Agreement. The Project Application contains a budget that may not match the approved version attached as Exhibit C and which, therefore, shall not be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget in Exhibit C shall control until such time as GOCO approves the final version. 7. Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion may waive certain conditions set forth in this Agreement. Anything else to the contrary notwithstanding, the exercise by GOCO staff (“Staff”), the Executive Director, or GOCO of any right or discretion reserved to them under this Agreement shall not be deemed a waiver. Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, or Agreement shall constitute a waiver in any other GOCO-funded project. 8. Property and Project Operation and Maintenance. A. Following Grantee’s acquisition of the Property, Grantee shall continue to own and manage the Property for the purposes specified in the Project Application and Project Summary. B. GOCO shall not be liable for any cost of maintenance, management, or operation of the Project or the Property. Page 42 Page 4 of 16 Updated 1/2019 C. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. 9. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project indefinitely. Grantee may temporarily close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 10. Future Funding. This Agreement and the Grant only apply to the purchase of the Property specifically described in this Agreement. GOCO makes no representations regarding future funding for future phases of the Project or any other properties, whether or not described in the Project Application, Project Summary, or otherwise. SECTION 2 – GRANT PAYMENT 11. Eligible Costs. The following costs are eligible for reimbursement: A. Purchase. The purchase price of the Property described in the Project Application and Project Summary, which may not exceed the fair market value as established by an appraisal. B. Direct Costs. Costs directly associated with producing due diligence documents needed for closing the transaction on the Project, including but not limited to expenses for a title policy (including endorsements and other title company charges); an appraisal; Grantee’s contract or “outside” attorneys’ fees; an environmental hazards assessment; development of a management plan; a survey, if needed; and a geologist’s mineral assessment, if needed. 12. Payment of Grant. A. Payment of the Grant is subject to the Project being completed with no material modifications made, except as otherwise agreed to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the Grant if the Project changes in any way that GOCO deems material. “Material modifications” may include, but are not necessarily limited to, acquisition of a different property from that presented in the Project Application; a reduction in acreage, purchase price, fair market value, or the total cost of the Project unless GOCO approves adding or substituting elements to the overall Project; or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. B. GOCO will release Grant funds in portions if the Project is completed in phases i.e., more than one transaction), according to GOCO’s determination of how the proportionate acreage, Project cost, and value relates to the overall Project and Grant. Page 43 Page 5 of 16 Updated 1/2019 C. Payment of the Grant is also subject to GOCO’s determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs. 13. Withdrawal of GOCO Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations. Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant as approved by GOCO infeasible or impractical; B. Material Project Changes. Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, approved by GOCO and reflected in the Project Summary, without prior written approval of the Executive Director; C. Inaccuracies. Any statement or representation made or information provided by Grantee in the Project Application, this Agreement, or the due diligence materials is untrue, inaccurate, or incomplete in any material respect; D. Due Diligence. The results of GOCO’s review of the due diligence are not acceptable to GOCO; E. Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to GOCO, in its sole discretion; F. Delays. The Project will not or cannot be completed by the Completion Date or any extensions granted, or delays in the implementation of the Project have occurred that make the Project impracticable in the Board’s judgment; G. Costs. The Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee’s matching funding are reduced; or H. Disposal of Property. Grantee disposes of the Property, or title to or encumbrances against the Property are or become such that the Property is or becomes unavailable for public use, in which event Grantee shall make a proportionate refund to GOCO. Page 44 Page 6 of 16 Updated 1/2019 SECTION 3 – CONDITIONS PRECEDENT 14. Completion Date. Grantee shall complete acquisition of the Property no later than March 12, 2022 (“Completion Date”), which is two years after the date of GOCO’s approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO’s Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 15. Conditions Precedent to Funding. Grantee acknowledges that any acquisition of the Property prior to fulfillment of the terms and conditions of this Agreement and the disbursement of funds by GOCO is undertaken at Grantee’s sole risk and may cause a forfeiture of the Grant. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee’s fulfillment of all terms and conditions of this Agreement to GOCO’s satisfaction in its sole discretion, including but not limited to the following: A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure and as set forth in the approved Budget, or as modified and approved in compliance with GOCO’s procedure for Modifications to Acreage and/or Budget for Land Acquisitions Prior to Closing, must have been received by Grantee, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B. Due Diligence. The Staff shall conduct a due diligence review of the Project, the results of which must be satisfactory to GOCO in its sole discretion. Grantee shall assist and cooperate with the Staff in conducting the due diligence review and shall provide the Staff with the information or documentation specified in the GOCO Due Diligence Checklist for Local Government Land Acquisitions – Closing (“Due Diligence Checklist”), as well as other documentation and/or information the Staff shall reasonably request. The Due Diligence Checklist is attached and incorporated as Exhibit D and may be amended from time to time by GOCO in its sole discretion. Grantee shall have the duty to update all such documentation and information as necessary to reflect material changes from the date it is originally provided to GOCO. In its sole discretion, GOCO may terminate this Agreement and the Grant if Grantee fails to provide any information or documentation promptly when requested by Staff or as outlined in the Due Diligence Checklist and further detailed in the instructions for GOCO’s grant application and the Land Acquisition Procedures, which are incorporated by reference and may be amended from time to time by GOCO in its sole discretion. In addition, Grantee must submit, where necessary, written evidence that all permits and approvals required for Project completion under applicable local, state, and federal laws and regulations have been obtained, as well as any and all material revisions to the Budget. Page 45 Page 7 of 16 Updated 1/2019 SECTION 4 – OTHER PROVISIONS 16. Publicity and Project Information. GOCO has the right and must be provided the opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. If any events are planned in relationship to the Project, GOCO shall be acknowledged as a contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing access to the Property for publicity purposes, and providing photos or other imagery of the Project from time to time, which GOCO reserves the right to use and duplicate in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre-approval from Grantee. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly and members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 17. Signage. Grantee shall erect one or more signs at a prominent location(s) on the Property acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards prior to completion of the Project. The Board may withhold payment pending evidence of placement of permanent signage. 18. Liability. A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys’ fees) resulting from, growing out of, or in any way connected with or incident to Grantee’s performance of this Agreement. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. B. No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) (“CGIA”). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, Page 46 Page 8 of 16 Updated 1/2019 agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees. C. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences; preferred vendor programs; equal employment opportunity; use of competitive bidding; permits; approvals; local, state, and federal regulations and environmental laws; and other similar requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for any failure to comply with any such applicable requirements. D. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 19. Audits and Accounting Records. Grantee shall maintain standard financial accounts, documents, and records relating to the acquisition, use, management, operation, and maintenance of the Property. Grantee shall retain the accounts, documents, and records related to acquisition of the Property for five years following the date of disbursement by GOCO of the Grant funds, and they shall be subject to examination and audit by GOCO or its designated agent during this period. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records under this Agreement. 20. Change of Use. If Grantee, in its reasonable discretion, determines a need for a change in use of the Property acquired with the Grant, Grantee shall notify GOCO in writing of its determination and request a change of use review (“Change of Use Notice and Request”). GOCO will review the Change of Use Notice and Request in accordance with GOCO’s procedure for Change of Use for Land Acquisition Projects After Closing, as may be amended from time to time by GOCO in its sole discretion. Within 60 days after submitting the Change of Use Notice and Request, Grantee shall submit to GOCO all documentation required under the procedure for Change of Use for Land Acquisition Projects After Closing and any additional documentation requested by GOCO as a result of its receipt and review of the Change of Use Notice and Request. GOCO in its sole discretion will determine whether to grant, deny, condition GOCO’s approval, or delay a decision on the Change of Use Notice and Request. Page 47 Page 9 of 16 Updated 1/2019 21. Breach. In addition to other remedies available at law or in equity, in the event that Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies: A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B. After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee’s obligations under this Agreement, receive reimbursement in full of any disbursements made under the Grant, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. In the event GOCO must pursue any remedy under this Agreement and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 22. GOCO Policies and Procedures. With regard to all named GOCO policies and procedures referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and procedures or otherwise has access to the documents in connection with this Agreement and is familiar with their requirements. 23. Miscellaneous Provisions. A. Good Faith. Both parties have an obligation of good faith, including the obligation to make timely communication of information that may reasonably be believed to be of interest to the other party. B. Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director, who has the sole discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee’s ongoing obligations under this Agreement. C. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state courts of the City and County of Denver. D. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than independent contracting parties. Except as permitted under the remedies provisions of this Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. Page 48 Page 10 of 16 Updated 1/2019 E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, employee, or agent of GOCO or the State of Colorado. F. Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to Grantee’s obligations, shall survive the funding of the Grant and the acquisition of, and any future conveyance of, the Property by Grantee. H. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. I. Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third-party beneficiaries are intended. J. Notice. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. K. Construction; Severability. Each party has reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. If any provision of this Agreement is declared void or unenforceable, it shall be deemed severed from this Agreement, and the balance of this Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. M. Termination of the Board. If Article XXVII of the Colorado Constitution, which established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. Page 49 Page 11 of 16 Updated 1/2019 IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of \d3\. STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND Town of Estes Park, Parks Division By: By: s3\ \s1\ Chris Castilian Title: \t1\ Executive Director GOCO Program Staff: Route Grant Agreement to Executive Director for signature: NOTE* Signee should be the same individual authorized to sign the grant agreement per Grantee’s resolution s2\ Page 50 Page 12 of 16 Updated 1/2019 EXHIBIT A Project Summary Rank: 11 Overall Score: 88.59 GOCO Staff Score: 85.5 Reviewer Average: 91.67 Applicant: Town of Estes Park, Parks Division Project Title: Thumb Open Space County: Larimer Log #: 20044 Funding Summary: Project Description: Since the 1940s, the Thumb and Needle, two iconic rock features in Estes Park, have been a favorite rock climbing and hiking destination. These features are located on private property and legal access was never secured. In 2019, the landowner agreed to sell 65 acres, including the Thumb and Needle, for a public park. A bargain sale, $220,000 below FMV, has been negotiated and the applicant has a signed letter of intent to purchase the property by June 2020. Staff and Peer Reviewer Comments: Over the years, social trails, or informal biking and walking trails, have been developed on the property. Hikers and climbers are trespassing onto private property and illegal dumping and camping also occur on the property. The project will enhance existing facilities, including doubling the length of the trail system. The current trail has evolved over the years but was not professionally installed and is not maintained. Repairs are needed to prevent erosion and improve hiker safety. Public ownership, frequent patrolling, fencing, and signage will prevent these destructive activities from occurring. The need for additional park space in Estes Park is clear. The town serves as a gateway to Rocky Mountain National Park (RMNP) which is the third most visited national park and hosted 4.6 million visitors in 2018. Parking at RMNP trailheads is typically at capacity by 6:30 AM. In 2018, 702,255 cars entered RMNP through the Beaver Meadows Entrance. That is up from 418,171 in 2013. In just five years, the number of visitors to local hiking and climbing areas increased by 67%. Securing existing hiking and climbing areas is needed to meet this growing demand. Applicant Funding $248,600 Partner(s) Funding $100,587 GOCO Grant Amount $350,000 Total Project Cost $699,187 Page 51 Page 13 of 16 Updated 1/2019 Implementation would happen quickly after closing on the fee title acquisition. All improvements are planned for summer 2020 and a soft opening of the Thumb Open Space could be scheduled in late 2020. The Town has agreed to improve the existing trailhead and install parking boulders to designate parking spots and prevent parking in sensitive or dangerous areas. They will also work with the Planning Committee to develop a trail kiosk and monument sign. The Access Fund (Boulder) and Rocky Mountain Conservancy (Estes Park), two environmental non-profit organizations, have dedicated a total of 11 weeks of their Youth Corps to repair existing trail and build new trail and climbing staging areas. These crews are dedicated to the 2020 summer. Page 52 Page 14 of 16 Updated 1/2019 EXHIBIT B Resolution Page 53 Page 15 of 16 Updated 1/2019 EXHIBIT C Approved Budget Page 54 Page 16 of 16 Updated 1/2019 EXHIBIT D GOCO DUE DILIGENCE CHECKLIST FOR LOCAL GOVERNMENT LAND ACQUISITIONS – CLOSING Please see GOCO’s current Land Acquisition Procedures for a detailed description of these documents and why GOCO requires them. (Note that GOCO does not require conservation easements on land that will be used for a park and outdoor recreation purpose.) These documents are required prior to the disbursement of GOCO’s funds: Submit no later than 60 Days After Grant Award 1) Signed Grant Agreement 2) Resolution of Authority to execute Grant Agreement Submit at least 90 Days Before Closing 3) Appraisal Guidelines signed by grantee and appraiser 4) Signed Purchase or Option Agreement 5) Title Commitment and related documents Submit at least 60 Days Before Closing 6) Survey (if necessary) 7) Environmental Site Assessment 8) Mineral Assessment (if any mineral interests are held by a third party) Submit at least 14 Days Before Closing 9) Signage Form completed by Grantee 10) Final Qualified Appraisal (approved by GOCO’s reviewer with no outstanding issues) 11) Final Budget 12) Draft Warranty Deed 13) Resolution authorizing Grantee to accept property interest (or other proof of authorization) 14) Draft Buyer’s Settlement Statement 15) Wire Transfer Instructions May be Submitted After Closing 16) Land Management Plan NOTE: If you provide these documents in a timely fashion, GOCO will make every effort to meet your anticipated closing date. Please recognize that GOCO must approve all due diligence for your project at least two days prior to closing, because GOCO has to request the wire transfer from the state treasurer’s office the day before closing. We are also reviewing due diligence for other grants, so delays in providing this information to GOCO may prevent GOCO from approving the due diligence in time to present GOCO funds at closing. This document applies only to projects to acquire land for a developed parks and recreation purpose. Page 55 Page 1 Land Acquisition Procedures Due Diligence Requirements for GOCO-Funded Land Acquisitions Note Regarding Tax Benefits: A GOCO grant carries with it no representations or warranties regarding the availability of federal and/or state tax benefits. GOCO’s participation in a transaction indicates only that the transaction meets GOCO’s standards and should not be interpreted as a representation that the transaction meets standards imposed by any other organization (including but not limited to a government agency or other third-party funder). Attachment 4 Page 56 Page 2 Purpose The purpose of this document is to provide guidance and instructions for completing a land acquisition with GOCO funding. GOCO may fund the acquisition of a conservation easement interest and/or a fee title interest in a property through any of its constitutional purposes. If a grant application requesting funding for a fee title acquisition through an open space program does not indicate an intent to grant a conservation easement over the acquired property, GOCO will require one. The entity holding the conservation easement interest must differ from the entity holding the fee title interest, and the conservation easement must be in place prior to or concurrent with GOCO’s release of funds. GOCO cannot hold interests in real property. If awarded a grant, the grantee must sign GOCO’s standard Grant Agreement accepting GOCO’s policies, procedures, and requirements. Please reference these Land Acquisition Procedures throughout the course of the GOCO grant process. Other documents that contain information for the due diligence process are available at http://www.goco.org/grantees/administration-forms and include: 1) due diligence checklists including timelines; 2) Sample Resolution; 3) Budget Form; 4) Model Conservation Easement; 5) Appraisal Guidelines; 6) Request for Indirect Costs Form; and 7) the Competitive Grant Program Procedures. Pay particular attention to the project deadlines and materials, reports, documents, etc., that the grantee must submit to GOCO at particular times before GOCO will release funds. Note: The due diligence requirements discussed in this document represent the minimum for compliance with GOCO policies and procedures. Each real estate transaction is unique and may involve components not discussed here. GOCO reserves the right to review documents related to any and all components of a transaction whether or not the documents are discussed in these Land Acquisition Procedures or elsewhere. GOCO may revise or update these Land Acquisition Procedures at any time to correct errors, for clarification, and to reflect GOCO Board policies, procedures, conditions or requirements, or for other reasons GOCO believes will best accomplish its mission. Please read these procedures carefully and contact Michele Frishman (mfrishman@goco.org) or Courtney Bennett (cbennett@goco.org) with any questions regarding these due diligence requirements. Issued: August 2018 Page 57 Page 3 TABLE OF CONTENTS Due Diligence Requirements Submit no later than 60 Days After Grant Award 1) Signed Grant Agreement 2) Resolution authorizing grantee to execute Grant Agreement Submit at least 90 Days Before Closing 3) Appraisal Guidelines signed by grantee and appraiser* 4) Signed Purchase or Option Agreement* 5) Title Commitment and related documents 6) Water rights due diligence demonstration Submit at least 60 Days Before Closing 7) Draft Conservation Easement 8) Survey (if necessary) 9) Environmental Site Assessment 10) Geologist’s Mineral Assessment 11) For Transaction Costs grants only: Final Qualified Appraisal (will receive GOCO staff review for factual accuracy) Submit at least 14 Days Before Closing 12) Signage Form signed by grantee 13) Final Qualified Appraisal and Review (must receive a positive review from GOCO’s reviewer with no outstanding issues)* 14) Final Project Budget (marked “Final”) 15) Wire Transfer Instructions, Draft Buyer’s Settlement Statement, and Closing Documents (including final draft of Warranty Deed(s) for fee title acquisitions) 16) Resolution authorizing grantee to accept property interest (or other proof of authorization) 17) Baseline Documentation Report Post-Closing/Post-Funding Requirements 18) Land Management Plan, if necessary (provide to GOCO within one year of closing/reimbursement) Not required for Transaction Costs grants. Note: GOCO’s participation in most transactions entails wiring funds to a closing; therefore, these Land Acquisition Procedures and the deadlines above generally cover that scenario. Upon request, GOCO may reimburse the grantee after closing, in which case the due diligence requirements vary slightly. Please refer to the due diligence checklists at http://www.goco.org/grantees/administration-forms for all applicable deadlines. Page 58 Page 4 DUE DILIGENCE REQUIREMENTS Every grantee must provide certain due diligence documentation to GOCO for review and approval before GOCO will disburse any project funds. Due diligence documentation includes all of the items discussed in this guidance and may include additional information that GOCO determines to be relevant to the project. These requirements and GOCO’s related questions are intended to minimize the risks associated with land transactions for both GOCO and its grantees. It is the grantee’s responsibility to answer all of GOCO’s questions about the project adequately and in a timely manner for GOCO to release funds for the scheduled closing or reimbursement. While GOCO will do everything within its power to meet closing deadlines, we reserve the right to request documentation at any time in the event that an item has been overlooked or is otherwise missing from the project file. The required documentation and related project deadlines are described in detail below. Please submit all documents electronically unless requested otherwise. Note: If the grantee’s approved project is a part of a phased conservation easement acquisition where GOCO’s language will attach to previously closed phases in an amended and restated conservation easement, GOCO will need to review all of the due diligence documents associated with all previous transactions including all items listed in these Land Acquisition Procedures. Those due diligence items must be satisfactory to GOCO before GOCO will release project funds. Page 59 Page 5 Submit No Later Than 60 Days After Grant Award 1. Signed Grant Agreement Following the grant award, GOCO will provide the grantee with a template form of the Grant Agreement for review. The grantee must respond to GOCO with any requested changes within the given deadline; GOCO will determine in its sole discretion whether to include the requested changes in the final agreement. GOCO will provide the grantee with the final Grant Agreement for execution via electronic signature system. The grantee must sign and return the Grant Agreement via GOCO’s electronic signature system. At that point, GOCO will sign the Grant Agreement, and the grantee will receive a copy of the fully executed Grant Agreement via GOCO’s electronic signature system. 2. Resolution Authorizing Grantee to Execute the Grant Agreement Provide GOCO with a resolution authorizing the grantee to execute the Grant Agreement. The adopted resolution must contain at least those elements included in GOCO’s Sample Resolution available at http://www.goco.org/grantees/administration-forms. Submit At Least 90 Days Before Closing 3. Signed Appraisal Guidelines (not required for Transaction Costs grants) GOCO will provide the grantee with the Appraisal Guidelines, also available at http://www.goco.org/grantees/administration-forms. The grantee and the contract appraiser for the project must sign the Appraisal Guidelines and return them to GOCO. 4. Signed Purchase or Option Agreement (not required for Transaction Costs grants) Provide GOCO with a copy of a signed purchase or option agreement including all exhibits. If the original agreement is modified in any way, the grantee must provide GOCO all amendments and other relevant documents prior to closing. The terms of the agreement should be consistent with the goals of the project stated in the application to GOCO. The grantee must also provide the contract appraiser with a copy of the agreement in order to comply with the Appraisal Guidelines. If there are any material differences between the purchase or option agreement and the project details presented in the application and approved by GOCO (e.g., change in the acreage to be protected, purchase price, or fair market value of the property, etc.), the grantee may be asked to provide a narrative description of those changes to GOCO pursuant to GOCO’s procedure for Modifications to Acreage and/or Budget for Land Acquisitions Prior to Closing. Page 60 Page 6 5. Title Commitment and Related Documents Title insurance protects the policyholder from any loss sustained due to defects in title and is available for both fee title and conservation easement purchases. With the application, the grantee must provide GOCO with a copy of an ALTA form commitment for title insurance and copies of all documents referenced in the Schedule A list of requirements and Schedule B list of exceptions to title that are specific to the property covered in the application (available from the title insurance company). It is important to provide any updates to the commitment and associated documents to GOCO as early as possible as they could reveal issues that must be resolved prior to closing or reimbursement, and they could delay the project if not submitted in a timely manner. GOCO requires title insurance coverage for all conservation easement and fee acquisitions, including conservation easements granted at the time of a GOCO-funded fee acquisition. The title insurance must insure the property interest in an amount at least equal to the purchase price; however, GOCO suggests insuring up to the appraised fair market value. In a fee acquisition, the title insurance must insure the entity with the final vested interest in the fee. For phased projects, GOCO requires a title commitment and title policy for each phase of the project; please note that amended and restated easements may extinguish title policies that were issued for earlier phases of the project. GOCO will require the title company to remove standard exceptions relating to survey matters if an adequate survey has been performed, acceptable to the title company), mechanics’ liens, existing leases or tenancies, gap protection, real property taxes due and payable prior to the current year, special district taxes arising prior to the date of closing, and unrecorded mineral reservations or patents. In addition, if the grantee will pay less than fair market value for the property, GOCO will request that the title company remove exclusion 3(e) from coverage related to paying value for the property. GOCO will not approve the project for funding if an exception to title is unacceptable to GOCO. Grantees must disclose to GOCO information about any encumbrances, including reserved rights, liens, or other outstanding property interests, and any proposed future uses of the property that may be inconsistent with the purposes of the project. All existing restrictions on the property that are inconsistent with the purposes of the project must be discharged, released, or subordinated to the conservation easement. For example, if a mortgage encumbers the property, it must be paid off at closing or be subordinated to the conservation easement; if a restrictive covenant encumbers the property, GOCO will require that the covenant be subordinated to the conservation easement to the extent that it is inconsistent with the easement; if a first right of refusal to purchase an interest in the property exists, a waiver must be obtained. As with other due diligence requirements, if the condition of title is not satisfactory to GOCO, GOCO will not fund the project. If the title commitment shows a lack of legal access to the property, GOCO will require grantee to establish legal access to the property before GOCO will release funds for closing. In the case where the title company takes exception to legal access where the only feasible access is across lands owned by the United States, grantee must demonstrate any of the following: Page 61 Page 7 1) That the property is physically accessible from a public roadway via a road owned and maintained by the United States and managed by a federal agency; 2) The landowner established a legal right of way as authorized under the Federal Land Policy and Management Act (FLPMA) of 1976; 3) The landowner established reciprocal rights of way between the landowner and a federal agency; 4) The landowner created a long-term (30 years or greater in length) access permit issued by a federal agency with an opportunity to renew upon mutual agreement of the parties; or 5) An authorized representative of a federal agency issued a letter authorizing the landowner to cross the lands of the United States for casual use. If seeking reimbursement for a project for which a title policy currently exists or is forthcoming, GOCO may require the title company to issue an endorsement removing or modifying any title exceptions that fail to meet GOCO’s requirements. In addition, for reimbursements that occur more than six months after closing, GOCO requires an updated policy (or commitment, depending on the title company’s requirements) to reveal any new title issues that possibly emerged since closing. 6. Demonstration of Water Rights Due Diligence If the conservation easement will encumber water rights, provide GOCO with a letter or memo that summarizes the water rights involved in the transaction using the following guidance. GOCO recommends addressing the questions and considerations listed below (including attaching the necessary supporting documentation) as comprehensively as possible to fulfill GOCO’s water rights due diligence requirement. It is unlikely that all of the questions below will apply to each situation. Upon review, GOCO may require the grantee to provide additional explanation or a more thorough response to certain questions before issuing funding pursuant to a grant award. If the conservation easement will not encumber water rights, provide GOCO with a letter or memo stating that no water rights are associated with the property (if appropriate) and explaining why water rights are not essential to the preservation and protection of the conservation values. Describe the actions you took to make this determination. Please contact GOCO staff for additional guidance if the proposed conservation easement will encumber less than the full allocation of water or water rights associated with the property. General Information Please list all water resources associated with the property. Which of the conservation values require water? Are the water rights associated with the property sufficient to support the conservation values protected in the easement? Who did you interview about the water used on the property? What other sources did you use to gather information on the water rights? Confirm that the water rights are owned by the landowner and are being used in accordance with the decrees and that Page 62 Page 8 the water rights are not abandoned or in danger of being abandoned. Discuss findings and any issues. Is there a mortgage or deed of trust on the property? If the mortgage covers the water in addition to the land, confirm that the lien holder has agreed to subordinate the mortgage, including the water, to the conservation easement. Does the mortgage restrict the grantor’s ability to encumber the land or water rights? Describe any outstanding ownership issues (gaps in the chain of title, encumbrances, etc.) and how your organization plans to address them. Describe your organization’s findings regarding the extent of actual historical use of and the physical and legal reliability of the water rights. Briefly describe your organization’s plan for monitoring the encumbered water rights. Surface Water Provide: o the name of each ditch or reservoir, o the decreed amount of water and the average amount of water (in AF or cfs) from each ditch or reservoir that has historically been used on the land, o the number and location of the irrigated acres (this can be provided on a map), and o whether the ditch or reservoir is part of an incorporated ditch or reservoir company. If so, provide the name of the company and the number of shares owned by the landowner. Have you acquired and reviewed the articles of incorporation and bylaws of the ditch or reservoir companies? If the ditch or reservoir has not been incorporated, how is it managed? Are any water rights delivered under a contract? Have the parties to the contract been notified? Wells List each well permit number or registration number. If the water rights have been adjudicated, list the case number and water division. Are any of the wells included in an augmentation plan? If so, discuss. Have you notified the State and Division Engineers of your organization’s ownership interest in the encumbered well? Other Sources of Water List other decreed sources of water used on the property not already discussed including springs, waste water, stock ponds, etc.). List sources of water on the property that are not associated with a right, contract, permit or shares (including seeps, wetlands, waste water, subirrigation, springs, stock ponds, ditches, etc.). Conditional Water Rights (rights that have a priority date but have yet to be perfected) For any water right associated with the property that is conditional, provide the case number in which the water right was first adjudicated and any subsequent decrees associated with the right. Page 63 Page 9 Post-Closing Confirm that the easement has been recorded in the county in which the water right is diverted and the counties in which the water is used. Confirm the stock certificate has been reissued to provide notice of the conservation easement. For a conditional right, provide a copy of the notice you provided the water division in which the water right is located of your organization’s interest in the right. Suggested Documentation Decrees (Only the following pages are necessary: the page of the decree listing the case number and date of the decree’s issuance, the introductory pages with findings applicable to all water rights adjudicated in that proceeding, all pages that mention the offered right, the conclusions of law (if any), the page of the decree containing the judge’s signature) Well permits, if applicable Stock certificates, if applicable Contracts for water, if applicable Confirmation you have reviewed Jurisdictional Dam inspection reports, if applicable Map or photograph with actual locations of all water features and structures, including but not limited to ditches, headgates, laterals, pipelines, wells, reservoirs, and ponds, as well as boundaries of irrigated acreage with crop type (preferably on a current aerial photo or USGS topo map) Current and historical aerial photographs, if available Water title report/opinion, if one was created Engineering report(s)/opinion(s), if available Proof that the ditch or reservoir company was informed the water was to be encumbered Submit At Least 60 Days Before Closing 7. Draft Conservation Easement If a grant application requesting funding for a fee title acquisition through an open space program does not indicate an intent to grant a conservation easement over the acquired property, GOCO will require one. The entity holding the conservation easement interest must differ from the entity holding the fee title interest, and the conservation easement must be in place prior to or concurrent with GOCO’s release of funds. Regardless of whether acquiring fee title to the property or a conservation easement over the property, certain critical GOCO language must appear in the conservation easement. It is important to provide the contract appraiser with a draft of the conservation easement so that the appraiser can evaluate the effect of the restrictions on the value of the conservation easement. Consider the following guidelines when drafting and negotiating the conservation easement: GOCO must review and approve the terms of the conservation easement before releasing funds to ensure that it protects the conservation values of the property, Page 64 Page 10 provides protection comparable to GOCO’s Model Conservation Easement, and is consistent with the grant application. Involve GOCO staff in the early stages of drafting and negotiating the conservation easement. For all changes proposed to GOCO’s Model Conservation Easement, available at http://www.goco.org/grantees/administration-forms, please send staff a redlined or “track changes” copy of the modified document. If circumstances require closing on the transaction prior to GOCO’s complete review of all due diligence, GOCO may provide funds through reimbursement. In this circumstance, GOCO’s language might not appear in the initial recorded conservation easement, in which case the grantee shall record an amendment to the recorded conservation easement that contains GOCO’s language and is approved by GOCO, after GOCO’s review and approval of all the due diligence materials. Should extenuating circumstances prohibit structuring the transaction in this manner, please contact GOCO immediately. The draft easement must adequately describe the property and specify in detail all of the conservation values protected by the conservation easement consistent with the application (rather than merely providing a general recital of the overall values). If water is essential to the conservation values of the property, the easement should tie sufficient water rights to the land to ensure preservation of those values. The development or reserved rights in the draft easement should mirror the development or reserved rights set forth in the application. GOCO must approve any increase in the number or size of reserved rights, and any increase could result in a reduction or rescission of the grant award. 8. Survey of the Property GOCO requires a survey only when the existing legal description is insufficient, such as when title insurance cannot be obtained, boundary disputes with neighbors exist, and/or the nature of the deal will restructure the underlying property configurations. 9. Environmental Site Assessment All grantees, including those requesting reimbursement for a completed transaction, shall provide an appropriate environmental site assessment that discloses any contamination, unsafe conditions, potential clean-up costs, potential liability to the purchaser, i.e., recognized environmental conditions (RECs) or potential environmental concerns (PECs), on the property and concludes whether the presence of any hazards would preclude any uses described in the grant application. Contamination can result from prior on-site or off-site land uses or existing conditions, including but not limited to agricultural operations, underground storage tanks, abandoned drums, asbestos in buildings, or from mining and timber operations. GOCO requires a Phase I Environmental Site Assessment, unless GOCO provides prior express permission to use a different assessment such as a Transaction Screen Process (which shall comply with the most recent ASTM E1528 standard for such reports) or similar assessment (for example, GOCO may exempt from this requirement a property historically used exclusively for agricultural purposes with no infrastructure or fueling areas). A qualified Environmental Page 65 Page 11 Professional (as defined in the most recent ASTM E1527 standard or ASTM E2247 standard) shall perform all Phase I Environmental Site Assessments, which may necessitate contracting with an environmental consulting firm if no Environmental Professional exists on the grantee’s staff. GOCO prefers that a qualified Environmental Professional also prepare any Transaction Screen Processes. At a minimum, the final written report should include: A statement describing the educational qualifications and experience of the person performing the assessment and his/her employer’s standards, policies, or procedures for conducting environmental site assessments; A summary of investigation into past and present uses of the property and any hazardous substances, drums, odors, pits, stained soil, etc.; A review of public records of state and federal lists of contaminated and potentially contaminated properties; A summary of interviews with landowners, occupants, and local government officials, including solicitation of comments from and/or review of records of appropriate state, county, and municipal health/environmental officials about known contamination at the site; A professional opinion about the presence or absence of RECs or PECs (based in part upon a personal inspection of the property) and a conclusion as to the impact of such conditions or concerns; and No disclaimers or other limiting conditions that would prevent GOCO from relying on the environmental assessment. GOCO will require an update of an environmental assessment dated more than one year before closing. In most cases, this update can take the form of a letter from someone familiar with the property stating that the condition of the property remains unchanged from that described in the environmental assessment and dated to the most recent observation. Because the environmental assessment is intended as a diagnostic tool that may require additional work, it is important to order the assessment as far in advance as is practicable, keeping in mind the one-year requirement referenced above. GOCO recommends allowing sufficient time to address any issues disclosed or recommendations provided in the environmental assessment. If the environmental assessment reveals no contamination, RECs, or PECs and does not recommend any remediation/clean-up of other conditions, then the assessment is acceptable as is. The following examples illustrate situations that require additional attention and could delay the project if not properly addressed: 1. If the environmental assessment recommends remediation/clean-up of certain housekeeping” conditions that do not rise to the level of an REC or PEC, GOCO will require the grantee to either implement those recommendations prior to closing or to submit a plan for addressing the recommendations within a reasonable time after closing. 2. If the environmental assessment indicates contamination or the existence of RECs or PECs and recommends remediation/clean-up, please contact GOCO immediately to discuss the recommendations and the next steps. In some cases, the grantee must Page 66 Page 12 address these recommendations before distribution of GOCO funds. In most cases, the grantee shall develop and provide GOCO with the following: a. A remediation plan, certified by a qualified environmental engineer or environmental agency, to reasonably protect the public health and environment; b. The estimated cost of funding and schedule for implementation of the plan; and c. A description of the source of funding for implementation. 3. If the environmental assessment indicates contamination or the existence of a REC or PEC but does not recommend further action, GOCO requires the grantee to work with the landowner to develop a plan and timeline to address the condition, which the grantee must submit to GOCO before GOCO will disburse funds. 4. If the environmental assessment recommends further testing or a Phase II Environmental Site Assessment, the grantee must submit the results of any further analyses and any planned or completed remediation before GOCO will disburse funds. Note: Please contact GOCO with any questions about the conclusions and recommendations of the environmental site assessment. 10. Geologist’s Mineral Assessment If mineral rights are held by a third party (as revealed by the title commitment – do not rely upon the seller’s assurances that the seller owns all the minerals), GOCO requires a professional geologist’s report certifying that the probability of mining those minerals by any surface method is “so remote as to be negligible.” This letter confirms that there is a minimum potential risk of adverse impacts to the surface of the property and protects GOCO’s investment in the project. If the report fails to determine remoteness for some portion of the property, GOCO may require the grantee to exclude this area from the conservation easement, and GOCO may reduce its award amount accordingly. If the report fails to determine remoteness for the entire property, GOCO cannot participate in the project and will deauthorize the grant. If the mineral assessment is not satisfactory to GOCO, GOCO will not fund the project. When a fee title acquisition is funded through a local government grant program and a conservation easement is not required, the grantee must still submit a mineral assessment meeting the requirements above. Please contact GOCO with any questions about these requirements. In addition to surface mining potential, the mineral assessment should address the potential for developing any oil and gas resources. If oil and/or gas resources exist under the property and there are no leases or permits in existence, GOCO will require specific language in the conservation easement requiring the easement holder to take part in the future negotiation of any lease or surface use agreement by the landowner. If the oil and/or gas resources are currently leased or permitted, GOCO may require a separate assessment of the resources and the lease or permit documents to determine the likelihood of mining. GOCO will evaluate these situations on a case-by-case basis to determine if there are adequate measures in place to protect the conservation values if mining were to occur. If any evidence of present or historic mining exists on any portion of the property, please contact GOCO immediately. In some instances, it may be necessary to extinguish an active Page 67 Page 13 mining permit or obtain an acreage release, particularly for past or present gravel mining, before GOCO can distribute funds. GOCO will require a copy of any permits and any leases or other documents associated with the permits as well as a demonstration that mining cannot resume on the property. If mining is currently occurring on the property or the area that has been mined cannot be released from the permit, GOCO may require this area to be excluded from the conservation easement, and GOCO may reduce its award amount accordingly. Based upon the findings disclosed in the mineral assessment, GOCO may require further investigation on a case-by-case basis. GOCO will require an update, prepared by the contracted professional, of a mineral assessment dated more than one year prior to closing. 11. Final Qualified Appraisal (This section applies to Transaction Costs grants only.) GOCO staff will review the appraisal for consistency with the grant application and the conservation easement. GOCO requires that the appraisal is dated effective within one year of the closing date. Submit At Least 14 Days Before Closing 12. Signage Form Signage is an important means of communicating the investment of GOCO/Lottery proceeds, which are public funds, throughout Colorado. Therefore, the grantee shall erect one or more signs visible from the nearest public roadway, or from an alternative location approved by GOCO, identifying the project to the public. The signage shall be erected unless GOCO approves a waiver requested by the grantee. Please see an example of the signs GOCO provides free of charge on the Signage Request Form at goco.org/signage. The number and placement of the signs, as well as any requests for different design or wording, shall be submitted to GOCO for review and written approval prior to their placement. For approved custom signs, GOCO will provide reproducible samples of its logo to the grantee for the signs and requires it be incorporated into the signs. GOCO will provide the grantee with the Signage Form, by which the grantee acknowledges these signage requirements, and the grantee must sign and return it to GOCO. After processing the Signage Form, GOCO will provide grantee with the requested number of standard signs for the project unless the landowner and grantee wish to design and post a custom sign. Please contact GOCO’s Director of Communications to discuss design and signage questions. 13. Final Qualified Appraisal (This section does not apply to Transaction Costs grants.) By board policy, GOCO will not participate in projects where a seller or grantor has received or will receive consideration greater than the fair market value of the interest conveyed, as established by an appraisal prepared in compliance with USPAP and other applicable standards. Page 68 Page 14 All appraisals must also comply with the Appraisal Guidelines, which GOCO provides with the Grant Agreement for review and acceptance by both the grantee and the contract appraiser. In order to provide review appraisers adequate time to review the appraisal, GOCO will not wire grant funds until it has received a signed report from its reviewer indicating that the appraisal complies with all applicable standards and is reliable for GOCO’s funding purposes. If the transaction closes without an appraisal review, as is the case with most reimbursements, GOCO will assign a review appraiser to evaluate the completed appraisal. The review appraiser must issue a positive review before GOCO will release funding. In some cases, the contract appraiser may need to reissue an appraisal in order to address concerns raised by the review appraiser. To avoid this scenario, GOCO advises that the grantee work to resolve any appraisal issues prior to closing the transaction. GOCO requires that the appraisal is dated effective within one year of the closing date. 14. Final Project Budget Grantees must submit an updated project budget reflecting any changes between the approved budget (attached to the Grant Agreement) and actual final costs/funding sources. If GOCO approved any indirect costs, which are not eligible costs for Transaction Costs grants, such as staff time, general overhead, etc. at the application stage, specifically identify those costs in the budget and proceed under GOCO’s Funding Parameters procedures as described in GOCO's Competitive Grant Program Procedures, available at http://www.goco.org/grantees/administration-forms. The budget must identify the sources and amounts necessary to complete the project, and it must delineate the uses of all funds used for the project. The grantee must submit the final budget, clearly marked and identified as final, using the GOCO budget form. 15. Wire Transfer Instructions, Draft Buyer’s Settlement Statement, and Closing Documents To ensure the availability of GOCO funds at closing, provide GOCO with a draft buyer’s settlement statement, wiring instructions, and copies of any other documents to be signed at closing at least 14 days prior to the scheduled closing date, but as early as possible to allow for any necessary changes. GOCO cannot wire funds until it has reviewed and approved the draft buyer’s settlement statement and other documents to be signed at closing. In the case of reimbursements, GOCO must first review and approve the executed settlement statement from the closing. The buyer’s settlement statement must contain a line item for GOCO funding as a credit to the buyer, as well as a specific breakdown of the amount of GOCO funds applied to the purchase price, transaction costs, and stewardship endowment (as applicable). For fee title acquisitions, the grantee also must submit a final draft of the deed for review and approval. GOCO prefers a warranty deed or a special warranty deed but will accept a bargain and sale deed in certain circumstances. A quit claim deed is not acceptable for the transfer of fee title. A quit claim deed is acceptable for transfers of property rights other than the fee title such as water rights). Page 69 Page 15 Unless GOCO delivers its funds to the title company’s escrow account in advance, GOCO will initiate the wire transfer the day before closing by instructing the State Treasurer’s office to wire funds to the title company’s account on the day of closing. Due to potential delays on the part of the State Treasurer’s office that are completely beyond GOCO’s control, funds may not arrive in the account until 11:00 a.m. Therefore, it is best to establish a closing time after 11:00 a.m. Based on the completion of all the foregoing requirements, GOCO will send a closing instruction letter to the title company, with copies to the grantee and project partners, in advance of the scheduled closing. GOCO’s closing instructions will specifically reference GOCO’s investment and interests in the transaction and may not address the interests of other parties. For some projects, the grantee may wish to draft closing instructions that reference these other interests and associated requirements. Before GOCO will authorize disbursement of its funds, it requires the title company to sign and return GOCO’s closing instructions indicating the title company’s willingness and ability to adhere to the requirements. In certain cases, including but not limited to closings for which another funder’s wire date has yet to be determined, GOCO in its discretion may send funds in advance of the scheduled closing date to the title company’s escrow account. GOCO’s closing instructions will specify how and when the funds are to be returned to GOCO in the event the closing does not occur by a certain date. GOCO funds may sit in escrow for no longer than 30 calendar days. If the parties elect not to close with a title company, thereby removing GOCO’s ability to send a closing instruction letter to the title company, the grantee must provide a copy of the title policy, the recorded conservation easement, and a copy of the invoice or other proof of payment of matching funds. GOCO must approve these documents and may require endorsements to the title policy prior to GOCO disbursing funds. When a title company is not used, GOCO will not send funds to an escrow account. 16. Resolution Authorizing Grantee to Accept Property Interest In advance of closing, each entity that will accept a property interest must submit a resolution or other proof of authorization) from its board or decision-making body exhibiting that the entity has the authority to accept the property interest. 17. Baseline Documentation Report The grantee must submit a report that provides an assessment of the resource values and existing conditions on the property encumbered by the conservation easement at the time of conveyance. This report, referred to as a baseline report, present conditions report, baseline documentation report, or similarly titled document, shall comply with current industry standards. The grantee and the landowner shall acknowledge the existing condition of the property by signing the report. GOCO may require an update of a baseline documentation report dated more than one year before closing. Page 70 Page 16 POST-CLOSING/POST-FUNDING REQUIREMENTS GOCO requires grantees to submit the following documentation after closing: 1. Recorded Conservation Easement and Warranty Deed (for fee acquisitions) 2. Recorded Conservation Easement (for easement-only acquisitions) 3. Signed Buyer’s Settlement Statement 4. Signed and recorded copies of all documents executed at closing 5. Title Policy (with all objectionable title exceptions removed) 6. Signed Baseline Documentation Report/Acknowledgement 7. Land Management Plan, if necessary 8. Evidence of signage installation, if necessary 18. Land Management Plan When appropriate, the grantee and/or the landowner must develop a Land Management Plan that specifically identifies how the landowner will manage the property consistent with the uses or restrictions of the project and the preservation of the conservation values (as described in the project application and/or conservation easement), when such details are not appropriate for inclusion in the conservation easement. As a general matter, GOCO will not require a Land Management Plan for purely agricultural properties with a demonstrated history of appropriate management. GOCO may require a Land Management Plan to address: (1) particular issues that, in GOCO’s judgment, require more management detail than is included in the conservation easement; (2) when and where public access is appropriate for publicly owned properties (including trail location, design, construction and identification of amenities, etc.); 3) long-term clean-up recommendations identified in the environmental report. The conservation easement must explicitly reference the Land Management Plan, if required. GOCO would prefer but does not require a complete, signed Land Management Plan prior to closing but will require its submission no later than one year from the date of closing. At a minimum, the Land Management Plan should address: 1) management objectives to protect the conservation values of the property, including any special management needs, such as weed or soil erosion control to minimize adverse impacts on adjacent properties; 2) a timeframe for implementation of the plan; 3) projection of maintenance/management costs; and 4) an explanation of how the landowner intends to cover the maintenance/management costs. Additional funders, such as Colorado Parks and Wildlife or the Natural Resources Conservation Service, often require a land management plan. In most cases, that management plan will fulfill GOCO requirements. At least every five years the landowner must review and/or update any required Land Management Plan. Page 71 Page 72 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1.MAYOR. The next order of business will be the public hearing on ACTION ITEM 2. ORDINANCE 11-20 PROPOSED ELECTRIC RATE INCREASE.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the proposed electric rate increase.  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. 3.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the Ordinance. 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. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  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. 5. BOARD DISCUSSION.  Discussion by the Board. Page 73 6.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 7.DISCUSSION ON THE MOTION.  Discussion by the Board on the motion. 8.VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 74 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Director Bergsten Director Hudson Superintendent Lockhart NewGen Strategies & Solutions, Consultant Date: September 8, 2020 RE: Ordinance 11-20 Proposed Electric Rate Increase (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To provide reliable electric service for our customers by funding operations, maintenance and capital improvements. Present Situation: The global pandemic has resulted in a one-year delay in the proposed electric rate increases. To limit negative financial impacts Power and Communications has stopped capital improvement projects and cut back on staff training, street light maintenance, and a number of other activities. This is not sustainable. The public can view on-demand, a complete presentation of the rate study given at the March 10, 2020 Board Meeting. The following link to this on-demand video is titled “Town of Estes Park Board Meeting - March 10, 2020 Part 1” and begins 23 minutes into the meeting: Click Here: https://estesgovtv.viebit.com/player.php?hash=EXC3OATrLIQq The Town’s public electric utility is a cost-based entity that relies solely on user fees to operate. Costs and revenues must be balanced in order to maintain operations and keep utilities in line with ever-increasing federal standards. We are proposing an overall revenue increase of 5.9% spread out over three years. The study also ensures equitable rates among customer classes, so that one customer class does not subsidize another. Residential customers make up 70%, and small Page 75 commercial (aka commercial) make up 22% of our customers. The following tables show the proposed rate impacts: The study includes charges for customers who opt out of smart metering. This is a new charge to cover the cost of physically going to those customers’ premise to manually read their meters. Hard copies of the study and proposed rate sheet are located at the Municipal building and library for the public to review. They are also on our website. The Study has been marked up in red to indicate the proposed implementation delay of one year. Proposal: Staff proposes implementing the rate increases January 2021. Advantages: •Maintain adequate financial strength required to operate the enterprise •Meet our bond covenants obligations •Fund project required to improve reliability, quality and safety of our system Disadvantages: Higher cost of electricity; however, our daily need for electricity requires reliable, safe electricity. 2023 ------ 2023 ------ /2020 /2020 Page 76 Action Recommended: Staff recommends proposes continuation of this public meeting to September 8, 2020. Finance/Resource Impact: Over three years electric revenues will increase 5.9% Level of Public Interest High, increases to utility rates will touch every Power and Communications customer Sample Motion: I move for the approval/denial of Ordinance 11-20 Proposed Electric Rate Increase. Attachments: 1.Ordinance 11-20 2.Rate Sheet 3.Rate Study Link 4.Revised Presentation Page 77 ORDINANCE NO. 11-20 AN ORDINANCE AMENDING THE POWER & COMMUNICATIONS RATE SCHEDULES OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees has determined that it is necessary to amend the Electric Rate Schedules of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: That the Town of Estes Park, Colorado Electric Rate Schedules shall be amended to read as set forth on Exhibit A. Section 2: These rate schedules will take effect the first full billing period in January, 2021. Section 3: This Ordinance shall be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2020. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk Attachment 1 Page 78 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2020 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2020, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 79 TOWN OF ESTES PARK, COLORADO PROPOSED Electric Rate Summary 2020-2023, Public Meeting 8/25/2020 Customer Rate Class RESIDENTIAL 111 Available to all residential customers and residential customers with electric heat up to 25,000 kWh annually. RESIDENTIAL DEMAND ri, Available to existing customers on this rate, September throuah Aoril. All other times the Residential energy charge would apply. RESIDENTIAL ENERGY TIME-OF-DAY 111 Available to all residential customers using electric thermal storage heat. RESIDENTIAL ENERGY BASIC TIME-OF-DAY (1l Available to all residential customers not using electric thermal storage heat. These rates apply September throuah Aoril. Standard rates apply May through August. SMALL COMMERCIAL 1 '1 Available to all commercial customers with demands of 35 kW or less. SMALL COMMERCIAL ENERGY TIME-OF-DAY (1l Available to all commercial customers using electric thermal storage heat with demands of 35 kW or less LARGE COMMERCIAL Pl Available to all commercial customers with demands exceeding 35 kW LARGE COMMERICIAL TIME-OF-DAY (lJ Available to all commercial customers with demands exceeding 35 kW OUTDOOR AREA LIGHTING Available for lighting outdoor private areas RENEWABLE ENERGY CHARGE ri, Voluntary participation available to all classes; charge per 100 kWh block MUNICIPAL RATE 111 Available for electricity use on municipal property Year 1'1 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 2020 Jan 2021 2022 2023 On-Peak Customer Energy Charge Consumption Purchase Power $/Month Charge Rider$/kWh $/kWh $22.70 $0.1095 $0.00349 $23.47 $0.1119 $0.00000 $24.23 $0.1144 TBD $25.00 $0.1168 TBD $26.10 $0.0654 $0.00349 $26.90 $0.0645 $0.00000 $27.70 $0.0636 TBD $28.50 $0.0627 TBD $26.10 $0.1520 $0.00349 $26.90 $0.1566 $0.00000 $27.70 $0.1612 TBD $28.50 $0.1658 TBD $26.10 $0.1345 $0.00349 $26.90 $0.1470 $0.00000 $27.70 $0.1595 TBD $28.50 $0.1719 TBD $33.37 $0.1140 $0.00349 $33.25 $0.1154 $0.00000 $33.12 $0.1169 TBD $33.00 $0.1183 TBD $36.77 $0.1615 $0.00349 $36.51 $0.1526 $0.00000 $36.26 $0.1438 TBD $36.00 $0.1349 TBD $45.23 $0.0625 $0.00349 $45.49 $0.0633 $0.00000 $45.74 $0.0640 TBD $46.00 $0.0648 TBD $53.18 $0.0820 $0.00349 $53.79 $0.0848 $0.00000 $54.39 $0.0876 TBD $55.00 $0.0904 TBD $36.49 ------ $36.49 ------ $36.49 ------ $36.49 ------ ---$0.0275 $0.00000 ---$0.0275 ---$0.0275 ---$0.0275 $0.00 $0.1171 $0.00349 $9.00 $0.1149 $0.00000 $18.00 $0.1128 TBD $27.00 $0.1106 TBD Es D.p A COLORADO Off-Peak Standard Energy Demand Rate for Consumption Charge May thru Charge $/kW August $/kWh $/kWh ------------------------------------ ---$13.60 --- ---$13.60 --- ---$13.60 --- ---$13.60 --- $0.0760 ------ $0.0806 --- --- $0.0852 ------ $0.0898 ------ $0.1077 ---$0.1095 $0.1038 ---$0.1119 $0.0998 ---$0.1144 $0.0959 ---$0.1168 ------------------------------------ $0.0708 ------ $0.0763 ------ $0.0818 ------ $0.0872 ------ ---$14.80 ------$15.87 ------$16.93 ------$18.00 --- $0.0445 $17.45 --- $0.0461 $18.30 --- $0.0478 $19.15 --- $0.0495 $20.00 --- ------------ --- --------- ------------ --------- --------- --------- --------- ------------------------------------ TOWN OF ESTES PARK, COLORADO PROPOSED Electric Rate Summary 2020-2022, Public Meeting 8/25/2020 Es D.p A COLORADO RMNP ADMINISTRATIVE HOUSING 2020 $22.70 $0.0690 N/A ------ Available to Rocky Mountain National Park residences Jan 2021 $22.70 $0.0690 N/A ------ having an alternate power source delivered to Estes 2022 $22.70 $0.0690 N/A ------ Park's distribution system 2023 $22.70 $0.0690 N/A ------ RMNP SMALL ADMINISTRATIVE 2020 $33.37 $0.0456 N/A ------ Available to RMNP administrative accounts having an Jan 2021 $33.37 $0.0456 N/A ------ alternate power source delivered to Estes Park's 2022 $33.37 $0.0456 N/A ------ distribution system with demands of 35kW or less 2023 $33.37 $0.0456 N/A ------ RMNP LARGE ADMINISTRATIVE 2020 $45.23 $0.0185 N/A ---$12.50 Available to RMNP administrative accounts having an Jan 2021 $45.23 $0.0185 N/A ---$12.50 alternate power source delivered to Estes Park's 2022 $45.23 $0.0185 N/A ---$12.50 distribution system with demands exceeding 35kW 2023 $45.23 $0.0185 N/A ---$12.50 NOTES: Fees for other work performed, such as service upgrades or line extensions, the developer or customer must pay for work performed. Payment must be made before the work is scheduled. The payment covers the cost of labor, materials, equipment, and overhead. (1)Purchase Power Rider is a pass-through of wholesale increases from PRPA; TBD for years 2021-2023 (2)The 2023 rates remain in effective until new rates are adopted by the Town Board. Residential Energy Time-of-Day available only for residential customers using electric thermal storage heat: OFF-PEAK for Residential Time-of-Day Customers: 1 :00 pm to 3 pm and 10:00 pm to 6:00 am weekdays and all day on weekends and holidays (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day) ON-PEAK for Residential Time-of-Day Customers: 6:00 am to 1 :00 pm and 3:00 pm to 10:00 pm weekdays Residential Energy "Basic" Time-of-Day is available for every residential customer except as stated above. These rates apply only September thru April (for May thru August, the standard Residential rate applies): OFF-PEAK for Residential "Basic" Time-of-Day Customers: 7:00 pm to 4:00 pm the following day and all day weekends and the following holidays: Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Years Day ON-PEAK for Residential "Basic" Time-of-Day Customers: 4:00 pm to 7:00 pm weekdays Smart Meter/Advanced Metering Infrastructure Opt-Out Fees -One Time Enrollment Fee of $75 and monthly fee of $20 Avoided Cost paid to Net Meter Customers = $0.0175, the wholesale cost of energy minus $0.01 for administrative costs Updated 05-21-2020 --- --- --- --- ------------ --- --- --- --- TOWN BOARD MEETING August 25, 2020 Action Item 1. Ordinance 11-20 Proposed Electric Rate Increase. Attachment 3 – Electric Rate Study can be accessed by clicking here. Attachment 3 Page 82 March 10, 2020 Financial Forecast, Cost of Service, and Rate Design Study Cost of Service And Rate Design Process Overview 1 2 2023------ 2023------ /2020 /2020 Attachment 4 Page 83 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview 3 Cost of Service (COS) Determine cost to provide electric serve to different customer classes,  identifying the fixed and variable cost components.  Rate Design Use the COS results, rate strategy and policies to guide rate design.   Rates must fully recover all costs. Rates In Three Steps Framework and guide for COS, financial and rate related decisions for  (vision, goals, metrics, etc.) Revenue Requirement Identify cost to operate utility to determine rate revenue required to  keep utility financially solvent.  NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Desired Outcomes • Financial Strength • Bond covenants • Adherence to Cost of Service principles • Rate design – Various service offerings – Avoid complexity – Transparency – Funding conservation efforts – Avoid Rate Shock –Etc. 4 Economics Fairness Utility Financial Strength Energy  Conservation Understandable Transparent Adhere to  Laws/Regulations Principles of Cost of Service Page 84 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Steps 5 STEP 1 STEP 2 STEP 4 STEP 3 STEP 5 Determine the revenue requirement of the utility Unbundle costs by functions and services (purchased power, distribution, customer services.) Classify costs (demand, energy, fixed, variable, etc.) Allocate cost among customer classes (residential, small commercial, etc.) Design rates that generate the revenue requirement Cost Allocation Rate Design Revenue Requirement Determination NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Step 1 Revenue Requirement Determination • Revenue Requirement (RR) equals the revenue that must be generated from electric rates – Total system operating costs less other sources of revenue, example, interest income –Initially expressed one amount then divided out to each customer class 6 Page 85 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Step 1 Revenue Requirement 7 Financial Forecasting • 10 year projection • Predicts utility financials: •Revenues •Expenses •Capital Improvement Projects (CIP) •Bond financing and payments •Cash reserve requirements •Etc. • Enables scenario analyses which helps us understand the impact on electric rates (example, if a project is bond financed vs using cash reserves) P&C Financials were used as the basis to forecast future RR NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Step 1 Revenue Requirement • Test Year RR is a projection of costs based on changes (adjustments) in the cost of doing business – Adjustments • Known and Measurable • Prudent • Reasonable and Necessary 8 P&C Financials Dist. Engineering Dist. Labor Dist. Materials Capital Projects Adjustments Known/measurable Inflation/escalation Load growth (development) Future RR Target  Year   (aka Test  Year  ‐TY)  TY Dist. Engineering TY Dist. Labor TY Dist. Materials TY Capital Projects Page 86 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Steps in the Rate Design Process 9 STEP 1 STEP 2 STEP 4 STEP 3 STEP 5 Determine the revenue requirements of the utility Unbundle costs by functions and services (production, transmission, distribution, etc.) Classify costs (demand, energy, customer costs, etc.) Allocate cost among customer classes Design rates Revenue Requirement Determination Cost Allocation Rate Design NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Step 2 Functions 10 The Electric Utility Grid Configuration Page 87 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Step 2 Functions 11 Platte River Power Authority (PRPA) “Generation” & “Transmission” Town of Estes Park Power & Communications (P&C): “Distribution” & “Customer Service” NEWGEN STRATEGIES AND SOLUTIONS, LLC • The generation function is responsible for producing energy and meeting the maximum customer demand – The power plant portfolio is sized to meet the maximum demand requirements of the system (PRPA) – Energy is produced by wind, solar and burning fuel to meet customer demand over time • Electricity is transmitted to the Town through transmission lines Cost of Service and Rate Design Overview PRPA - Generation and Transmission Functions 12 Page 88 NEWGEN STRATEGIES AND SOLUTIONS, LLC • The distribution function distributes electricity from the substation to customers – Tree trimming – Respond to outages – Street light maintenance – Billing Cost of Service and Rate Design Overview Town of Estes Park Distribution Function 13 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Steps in the Rate Design Process 14 STEP 1 STEP 2 STEP 4 STEP 3 STEP 5 Determine the revenue requirements of the utility Unbundle costs by functions and services (production, transmission, distribution, etc.) Classify costs (demand, energy, customer costs, etc.) Allocate cost among customer classes Design rates Revenue Requirement Determination Cost Allocation Rate Design Page 89 NEWGEN STRATEGIES AND SOLUTIONS, LLC Typical Cost Functions Typical Cost Classifications Production: Demand‐related Energy‐related Transmission: Demand‐related Direct Assignments Distribution: Demand‐related Customer‐related Direct Assignments Customer Service: Utility Billing,  Customer questions Cost of Service and Rate Design Overview Step 3 Cost Classification 15 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Step 3 Cost Classification • Fixed or Variable costs – Fixed costs vary with capacity additions • Examples: labor expense & depreciation • Demand-related and customer-related costs are fixed – Variable costs vary with energy consumed, delivered, or purchased • Example: energy component of PRPA’s wholesale rate • Energy-related costs are variable 16 Page 90 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Steps in the Rate Design Process 17 STEP 1 STEP 2 STEP 4 STEP 3 STEP 5 Determine the revenue requirements of the utility Unbundle costs by functions and services (production, transmission, distribution, etc.) Classify costs (demand, energy, customer costs, etc.) Allocate cost among customer classes Design rates Revenue Requirement Determination Cost Allocation Rate Design NEWGEN STRATEGIES AND SOLUTIONS, LLC • Residential • Residential Demand • Residential Energy TOD • Residential Energy Basic TOD • Small Commercial • Small Commercial Energy TOD • Large Commercial • Large Commercial TOD • Outdoor Area Lighting • Renewable energy Charge • Municipal Rate •RMNP Cost of Service and Rate Design Overview Step 4 Twelve (12) L&P Rate Classes 18 Customer Classes are grouped by similar size, consumption,  requirements, and characteristics Page 91 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Cost Allocation to Classes • Cost of service differentials – Different load characteristics • Large Commercial (example Water Plants) • T-Shirt shops • Residential – Different service voltages – Metering (the YMCA is on one primary meter) – Customer service requirements (net meters) – Other 19 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview COS and Rate Making Cost of Service vs. Rate Making Cost accounting, allocate utility  costs with use, classification Used to incentivize specific  behavior, example, net metering. Rates do not have to match COS,  but industry practice is to align  rates with COS Power Supply (Demand  and  Energy  Components) Transmission (Demand  Components) Distribution (Demand and  Customer  Components) Customer (Customer  Components) Utility Functions: 20 Page 92 NEWGEN STRATEGIES AND SOLUTIONS, LLC Cost of Service and Rate Design Overview Potential Objectives for Tariffs and Rates • Legislative and regulatory compliance • Conservation/DSM (Behavior Modification) • Distributed Generation – Traditional – Renewables (roof top solar) • Revenue stability • Alignment with cost of service • Simplicity • Other 21 22 2023------ 2023------ /2020 /2020 Page 93 DISCUSSION 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 general public comment or public comment on any agenda items. The Town Board of Trustees will participate in meetings 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. Regular meetings of the Town Board are held on the second and fourth Tuesdays of each month at 7 p.m. Agendas and the agenda item list below will be posted the Wednesday prior to each meeting. 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 Connie Phipps For Against Neutral Ordinance 11-20. 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. Public Comment Received 09-08-2020 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. Increasing the base rate for electrical service is not warranted as the Light and Power Fund transferred $1,772,928 PROFIT/REVENUE to the general fund. Customers have no control to reap savings by making their homes and appliances more efficient. Estes Park will have the highest base rate fee in Colorado! WHY? This additional income will be transferred to the general fund to be used for other purposes; the expense of salaries, equipment, meters, transformers, street lights, overhead lines, customer service lines, etc. are already removed from the $7,554,806 revenue/income. We know there will be an increase per kWh come January as well as the water rate fee increase (2nd year) - - customers do not need a 3rd increase in utility rates. VOTE NO and reject this higher fixed rate charge! Page 96 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: September 8, 2020 RE: Interview Committee for the Parks Advisory Board (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 Parks of Advisory Board. Present Situation: The Parks Advisory Board consists of seven volunteer community members. The board currently has one vacancy for a term expiring December 31, 2020. The Town Clerk’s Office has advertised the opening and currently has received two applications 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. Finance/Resource Impact: None. Page 97 Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Parks Advisory Board interview panel. Attachments: None. Page 98