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HomeMy WebLinkAboutPACKET Town Board 2022-02-08The 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 Tuesday, February 8, 2022 7:00 p.m. *TO BE HELD VIRTUALLY ADVANCED PUBLIC COMMENT 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, February 8, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. 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. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated January 25, 2022 and Town Board Study Session Minutes dated January 25, 2022. 3. Transportation Advisory Board Minutes dated December 15, 2021 (acknowledgment only). 4. Parks Advisory Board Minutes dated December 16, 2021 (acknowledgment only). 5. Estes Park Planning Commission Board Minutes dated December 21, 2021 (acknowledgment only). Prepared 01-28-2022 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 6.Resolution 12-22 Revisions to Community and Family Advisory Board Bylaws. 7.Resolution 13-22 Contract with Cornerstone Engineering and Surveying, Inc., for the US 36 and Community Drive Roundabout for $131,350 – Budgeted. 8.Resolution 14-22 Contract Extension with Ayres Associates Inc., for 2022 Planning Consulting Services, not to exceed $113,000 – Budgeted. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.CONGRESSIONAL REPRESENTATIVE UPDATE. Congressman Neguse. 2.ESTES PARK ECONOMIC DEVELOPMENT CORPORATION ANNUAL UPDATE. President & CEO Shake. ACTION ITEMS: 1.RESOLUTION 15-22 THUMB OPEN SPACE MANAGEMENT PLAN. Supervisor Berg. To consider adoption of the Final Management Plan. REPORTS AND DISCUSSION ITEMS: 1.ENVIRONMENTAL SUSTAINABILITY TASK FORCE FINAL REPORT. Assistant Town Administrator Damweber. 2.STATUS OF VIRTUAL TOWN BOARD MEETINGS. Board Discussion. Determine use of virtual meetings moving forward. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, January 25, 2022 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 January, 2022. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Marie Cenac Barbara MacAlpine Scott Webermeier Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: Trustee Carlie Bangs Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Webermeier/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Johanna Darden/Town citizen stated her disappointment with the approval of the ADU code amendments to the Estes Park Development Code because the amendments do not contain restrictions to ensure the units would be used for workforce housing. TRUSTEE COMMENTS. Trustee comments have been summarized: The Police Auxiliary completed the Blue Santa program and continue to operate a safety program in the school zones; the Economic Development Corporation continues to work on completing the evaluation of the President/CEO; the Comprehensive Plan Advisory Committee met and completed an exercise in which 12 topic areas were discussed to further the development of the new Comprehensive Plan; the Estes Park Planning Commission elected Matt Comstock as President and Matthew Heiser as Vice President; Western Heritage met to review 2021 and to discuss plans for 2022; and Mayor Koenig attended a tour of the Rawhide plant to understand the operation and renewable energy option on the property. TOWN ADMINISTRATOR REPORT. Administrator Machalek reviewed the quarterly report for Policy Governance Policy 3.3 Financial Planning. He stated full compliance with the policy guidelines. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated January 11, 2022 and Town Board Study Session Minutes dated January 11, 2022. 3.Estes Park Board of Adjustment Minutes dated October 5, 2021 (acknowledgment only). 4. Resolution 08-22 Memorandum of Understanding with Larimer County for Usage of the 24-Hour Ballot Box at 170 MacGregor Avenue during the April 5, 2022 Municipal Election. 5. Resolution 09-22 Revisions to Board and Committee Bylaws. DR A F T Page 3 Board of Trustees – January 25, 2022 – Page 2 6. Letter of Support for CDOT’s Revitalizing Main Street Grant Application for US Highway 36 and Community Drive Roundabout Project. 7. Appointments to the Local Marketing District: • Rich Chiappe for a term expiring December 31, 2023. • Jerusha Rice for a term expiring December 31, 2022. 8. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Webermeier/MacAlpine) to approve the Consent Agenda, and it passed unanimously. LIQUOR ITEMS (Convene the Liquor License Authority): 1. RESOLUTION 10-22 TRANSFER OF A HOTEL AND RESTAURANT LIQUOR LICENSE FROM ESTES TAQUERIA, LLC DBA PEPPERS MEXICAN GRILL TO ESTES THAI LLC DBA ESTES THAI, 401 E ELKHORN AVENUE, ESTES PARK, CO 80517. Mayor Koenig convened the Liquor Licensing Authority and opened the public hearing. Town Clerk Williamson presented an application to transfer the hotel and restaurant liquor license held by Estes Taqueria LLC dba Peppers Mexican Grill. All required paperwork and fees were submitted and a temporary permit was issued January 4, 2022 to allow the business to continue to operate during the transfer process. TIPS training had not been completed at the time of the Board meeting. Mayor Koenig closed the public hearing. It was moved and seconded (Younglund/Webermeier) to approve Resolution 10-22 to Transfer Ownership for a Hotel and Restaurant Liquor License to Estes Thai LLC dba Estes Thai, and it passed unanimously. 2. RESOLUTION 11-22 TRANSFER OF A RETAIL LIQUOR STORE LIQUOR LICENSE FROM SPUR LIQUOR INC DBA SPUR 66 LIQUOR TO SPUR LIQUOR LLC DBA SPUR LIQUOR, 880 MORAINE AVENUE, ESTES PARK, CO 80517. Mayor Koenig opened the public hearing. Town Clerk Williamson presented an application to transfer the retail liquor store license held by Spur Liquor LLC dba Spur Liquor. All required paperwork and fees were submitted and a temporary permit was issued January 3, 2022 to allow the business to continue to operate during the transfer process. TIPS training had not been completed at the time of the Board meeting. Mayor Koenig closed the public hearing. It was moved and seconded (Webermeier/MacAlpine) to approve Resolution 11-22 to Transfer Ownership for a Retail Liquor Store License to Spur Liquor LLC dba Spur Liquor, and it passed unanimously. Mayor Koenig reconvened the Town Board meeting. ACTION ITEMS: 1. ORDINANCE 01-22 AMENDING TITLE 5 OF THE ESTES PARK MUNICIPAL CODE REGARDING THE LIQUOR LICENSING AUTHORITY. Attorney Kramer presented an ordiance amending the Municipal Code to provide the Liquor License Authority the ability to refer specific liquor items to the Municipal Judge such as disciplinary proceedings, administrative matters elevated by the Town Clerk. The Town Board would retain authority over most applications for new license, transfers and change in location. Johanna Darden/Town citizen questioned if the outcome of items heard by the Municipal Judge would be reported to the Town Board. Town Clerk Williamson stated minutes of the hearings would be included in future Board packets. After further discussion, it was moved and seconded (Younglund/Webermeier) to approve Ordinance 01-22, and it passed unanimously. LIQUOR ITEMS CONTINUED (Convene the Liquor License Authority): 3. LIQUOR HEARING FOR GALEX LLC DBA CHELITOS MEXICAN RESTAURANT, 145 E. ELKHORN AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE - REPORT OF CHANGES. Mayor Koenig reconvened the Liquor Licensing Authority. Prosecutor Brown requested a motion to continue the hearing in light of the Board of DR A F T Page 4 Board of Trustees – January 25, 2022 – Page 3 Trustee motion to approve Ordinance 01-22. She confirmed the hearing would be referred to the Municipal Judge and scheduled once the ordinance becomes effective. It was moved and seconded (Webermeier/Younglund) to grant the motion to continue the hearing for Galex LLC dba Chelitos Mexican Restaurant and refer the pending matter to the Municipal Judge for consideration, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. COLORADO ASSOCIATION OF SKI TOWNS (CAST) HOUSING TASK FORCE 2022 LEGISLATIVE POSITION STATEMENT. Town Administrator Machalek commented CAST recognizes the lack of available and attainable housing for employees in mountain resort communities as a significant impact to the annual economy of both the local communities and the state. A Housing Task Force has developed a number of legislative positions for consideration in 2022 to address the housing need, including broadening the use of local marketing district tax revenues to support workforce housing, authorize statutory municipalities and counties to refer short term rental taxes to the voters with dedication of the revenues for workforce housing, increase average area income threshold for state and federal funding for local workforce housing purposes from the current 80% to up to 150% for rental housing and 200% for ownership; and refer to the voter the Real Estate Transfer Tax (RETT) which was eliminated with the passage of TABOR. After further conversation, the Board consensus was to direct staff to prepare a letter of support for the CAST Housing Task Force legislative position statement. 2. POWER LINES AND FIRE MITIGATION. Superintendent Lockhart stated the wind presents Power and Communication with the highest risk due to trees falling on the power lines and breaking poles. Mitigation measures have been taken to reduce fire risk from the electric system, including tree trimming near power lines, preventive maintenance of the system infrastructure, replace bare conductors with covered conductors, installation of trip-savers to prevent arching, and replace power line with tree cable, insulated power line. Staff attended the Colorado Utility Wildfire Summit to keep up to date on the latest technology and procedures to mitigate fires associated with electric utility operations. The capital crew of the utility has invested over $3 million in capital improvements to rebuild power lines to reduce risk of fire, outage frequency and the duration of outages. Whereupon Mayor Koenig adjourned the meeting at 8:40 p.m. Wendy Koenig, Mayor Jackie Williamson, Town Clerk DR A F T Page 5 Town of Estes Park, Larimer County, Colorado January 25, 2022 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 January, 2022. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, Supervisor Berg and Deputy Town Clerk Beers Absent: Trustee Bangs Mayor Koenig called the meeting to order at 6:00 p.m. PARKS MASTER PLAN. At the Board’s request staff reviewed the possibility of developing a Parks Master Plan and provided an update on the status of the Bond Park Master Plan. Parks Supervisor Berg reviewed the Bond Park Master Plan and a presentation which identified current maintained parks and flower beds, conservation easements and their composition, existing uses and potential uses for undeveloped Town owned property. He requested Board direction for the development of a Parks Master Plan which would help determine needs related to staffing, equipment, vehicles, facilities and yard storage space. He stated, no funding has been allocated for either Plan. Staff requested Board direction for both Plans and whether funding would occur as part of the 2023 budget process or as a budget amendment in 2022. Board comments related to the Bond Park Master Plan were heard and have been summarized: Questioned the ice rink popularity; level of work involved with grass maintenance from event use; wind related issues and maintenance; interest in input from the vendors on space utilization and location of the mobile stage or preference for a permanent stage structure as outlined in the plan; pros and cons of a firepit in the space, and interest in constructing the sidewalk through the middle of Bond Park. Board comments were heard related to improvements to the greenhouse, which staff requested time to research options for Board consideration at a future meeting. Board consensus was to direct staff to bring forward a proposal for the Parks Master Plan as part of the 2023 budget considerations including Bond Park Master Plan elements as discussed. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to schedule the Community and Family Advisory Board Check-In and an Update on the Vacation Home Fee Study on February 8, 2022, the 2022 Street Improvement Program Overview and the Environmental Sustainability Task Force Recommendations for February 22, 2022, and the Town Shuttle Service to the YMCA Campus Discussion for March 8, 2022. There being no further business, Mayor Koenig adjourned the meeting at 6:43 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 6 Town of Estes Park, Larimer County, Colorado, December 15, 2021 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 15th day of December, 2021. Board: Chair Morris; Vice Chair Street; Members Finley, Gamble, Hanick, Moulton, and Slack Attending: Chair Morris; Members Hanick, Moulton, and Slack; Director Muhonen; Managers Barr, Hook, and Solesbee; Trustee Bangs (partial); Deputy Town Clerk Beers; and Recording Secretary McDonald Absent: Members Finley and Gamble Chair Morris called the meeting to order at 12:05 p.m. PUBLIC COMMENT. None. TRUSTEE LIAISON UPDATE. None. APPROVAL OF MINUTES DATED NOVEMBER 11 & 17, 2021. It was moved and seconded (Slack/Moulton) to approve the November 17, 2021, meeting minutes, and the motion passed unanimously. It was moved and seconded (Moulton/Slack) to approve the November 11, 2021, meeting minutes of the Joint Transportation Advisory Board and Shuttle Committee, and the motion passed unanimously. ENGINEERING UPDATES. Manager Barr reviewed the Estes Valley Master Trails Plan (EVMTP) – Addendum #1 draft, which details the status of four trails not incorporated in the current Project Priority Table: Brodie Avenue improvements; Graves Avenue Improvements; US 36 between Community Drive and 4th Street; and CO Highway 7 between Peak View Drive and Graves Avenue. The draft, which would be presented for review and comment at the Estes Valley Trails Committee meeting on January 11, 2022, incorporates maps showing trail gaps and deficiencies, ranked by priority, within a 1-mile radius of Estes Park School District. Safe Routes to School (SRTS) grant and annual Concrete Repair Program would fund. Discussion points of the draft addressed connectivity plans; maintenance responsibilities; and wayfinding efforts for pedestrian safety. Director Muhonen advised that certain planning suggestions not already in the EVMTP would require broader community discussion. It was agreed that members would write a letter of support, due January 13, 2022, for this EVMTP – Addendum #1 draft for the Town Board meeting on January 25, 2022. Manager Hook provided further engineering updates on concrete repair projects and bridge inspections. PROJECT/ADMINISTRATION UPDATES. Director Muhonen reported on the quarterly meeting of the Upper Front Range Transportation Planning Region Commission. Region 4 CDOT Multimodal Options Fund (MMOF) funding was requested for US 36/Community Drive roundabout and trail construction, with further discussion scheduled for Town, CDOT, Larimer County, and Wellington regarding possible redirection of Wellington’s unspent 2021 CMAQ grant. Revitalizing Main Streets grant application, with second round due February 4, would seek funding for roundabout and pedestrian link construction in fall 2022 before targeted commencement of Downtown Estes Loop. CDOT overlay projects would be out to bid in November 2022 for 2023 work. Larimer County reconvenes the Technical Advisory Committee on December 16, 2021, for collaborative regional transportation planning. Page 7 Transportation Advisory Board – December 15, 2021 – Page 2 Director Muhonen explained the TAB bylaws draft emailed to members on December 13, which the Town Clerk’s office would take to Town Board for adoption on January 25, 2022. The draft removes “job description” language for all Town advisory board members in favor of “member expectation” language; if adopted, this revision would be provided in the TAB orientation process for future applicants. ESTES PARK MIDDLE SCHOOL OUTREACH. Chair Morris advised that this agenda item would be presented in a future meeting. PARKING & TRANSIT UPDATES. Manager Solesbee advised that the year-end parking and transit report would be ready for TAB and the Shuttle Committee to review before the January 2022 TAB meeting. Further updates included the winter trolley service and Via partnership; collaboration with YMCA and Rocky Mountain National Park transportation; requested provision of bike racks by shuttle providers; the Federal Transit Administration’s (FTA) zero-emission requirement for trolley/fleet funding; planning with The Car Park for operational refinements, stakeholder outreach, and the prioritization of program needs and wants; extension of Wapiti Wi-Fi into downtown paid parking areas; and the Estes Chamber Downtown Alliance’s efforts to share a visitor’s perspective of parking. It was agreed that Manager Solesbee would draft an email to Chair Morris inviting TAB members to volunteer on a Downtown Parking Task Force. REVIEW OF DRAFT ENVIRONMENTAL SUSTAINABILITY TASK FORCE RECOMMENDATIONS. Chair Morris reviewed the TAB’s drafted list of recommendations for the Town’s Environmental Sustainability Task Force. Discussion points included some grammatical clarifications; revising to achieve a more robust voice; adding a 9th recommendation that educational pieces be available on topics such as roundabouts and electric vehicles; benefits of an underpass between Stanley Village and the Visitor Center; the revival of efforts to have the post office moved from downtown to relieve traffic congestion and parking; and how ideal funding could be applied to sustainability projects. OTHER BUSINESS. None. There being no further business, Chair Morris adjourned the meeting at 2:02 p.m. /s/Lani McDonald, Recording Secretary Page 8 Town of Estes Park, Larimer County, Colorado, December 16, 2021 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 16th day of December, 2021. Board: Chair Elliot; Vice Chair Poggenpohl; Members Berry, Nelson- Hazelton, Papineau, and Wilcocks Attending: Chair Elliot; Vice Chair Poggenpohl; Members Berry, Nelson- Hazelton, Papineau, and Wilcocks; Supervisor Berg; Town Clerk Disney; and Recording Secretary McDonald Absent: Trustee Cenac Chair Elliot called the meeting to order at 8:32 a.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATES None. APPROVAL OF MINUTES DATED NOVEMBER 18, 2021. It was moved and seconded (Nelson-Hazelton/Papineau) to approve the November 18, 2021, meeting minutes, and it passed unanimously. TOWN BOARD STUDY SESSION ART IN PUBLIC PLACES AND ARTS MASTER PLAN. Chair Elliot stated that PAB would discuss the future of Art in Public Places (AIPP) at the Town Board Study Session on February 8, 2022. Vice Chair Poggenpohl and Members Nelson-Hazelton and Wilcocks would prepare a letter from PAB to be included in the study session packet. ART IN PUBLIC PLACES ANNUAL REVIEW. Chair Elliot opened review of the Art in Public Places (AIPP) program. Discussion points included maintenance needs for sculptures in park areas; whether the definition “visual work of art” excludes appreciation by the visually impaired; the program’s focus on visual rather than performing art; status of funds in the AIPP reserve account; and the ultimate administrative and curatorial support of the program. Vice Chair Poggenpohl opened discussion about whether to involve the museum as Curatorial Support Services Provider. It was asserted that the museum is focused on historical rather than artistic items, and that the technical review of the AIPP program is the charge of Assistant Town Administrator Damweber. The Town Board Study Session in February 2022 would first determine the ultimate home of AIPP (whether PAB or another entity) and align the program with the Arts Master Plan before the museum’s potential curatorial role could be explored. It was moved for PAB to approach the museum within the next month regarding curatorial responsibilities of AIPP (2 votes in favor and 4 opposing; motion failed). It was agreed that the Arts Master Plan would be reviewed after the February 2022 Town Board Study Session, and that Member Berry would draft a statement for PAB, before said review, regarding the placement of art in areas where development would potentially occur. ART IN PUBLIC PLACES APPLICATION: ESTES PARK WOMEN’S MONUMENT. Member Wilcocks explained the sculpture donation from the Estes Park Women’s Monument Project, which the Town would own and maintain but loan to the Estes Valley Library for display, moving it to another location when the library chooses not to display it. It was moved and seconded (Wilcocks/Papineau) that the PAB approve the AIPP application for the sculpture under the terms of the proposed location. THUMB OPEN SPACE DRAFT MANAGEMENT PLAN. Supervisor Berg stated that the Thumb Open Space (TOS) Management Plan draft is available on the website and incorporates stakeholder feedback from property owners, professional climbers and trail builders, recreation enthusiasts, law enforcement, open space and conversation advocates, and Public Works staff. The Community Conversation on the Plan was held as a virtual meeting on December 8, 2021, and Page 9 Parks Advisory Board – December 16, 2021 – Page 2 featured a presentation and discussion with diverse groups on the topics of trail use and development, pet walking on leash, and guided climbing. Feedback from these topics provided study points that would be incorporated into the Plan for a Town Board Study Session on January 11, 2022, during which Trustee concerns or additions would be implemented. PAB would discuss and review a final Plan draft at its meeting on January 20, 2022, before presenting to the Town Board for vote on February 8, 2022. Discussion points of the draft Plan included viewing Performance Park as a model for the Town taking ownership of TOS as a recreational space; water management planning; parking guidelines and enforcement to ensure emergency vehicle access; and the garnering of volunteers—possibly through the Estes Valley Land Trust as easement owner. CHAIR & VICE CHAIR ELECTION & MEMBERSHIP REVIEW. It was moved and seconded (Wilcocks/Papineau) to maintain the current Chair and Vice Chair, and it passed unanimously. Members Papineau and Wilcocks would complete the Committee Member Applications to renew their Member terms. OTHER BUSINESS. Member Nelson-Hazelton would contact Vacationland, a private publisher of travel guides, and invite a representative to a future PAB meeting to discuss updates on Estes Park travel information. There being no further business, Chair Elliot adjourned the meeting at 9:33 a.m. /s/Lani McDonald, Recording Secretary Page 10 Town of Estes Park, Larimer County, Colorado, December 21, 2021 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 21 day of December 2021. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Janene Centurione. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Hanson, Director Jessica Garner, Senior Planner Jeff Woeber, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Centurione, Elkins Chair Comstock called the meeting to order at 1:35 p.m. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to move action items 3 and 4 to positions 1 and 2. The motion passed 3-0. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to continue item 2 of the consent agenda to the January 18 meeting. The motion passed 3-0. ACTION ITEMS 1. Golden Leaf Minor Subdivision Staff recommended the continuation of the Golden Leaf Minor Subdivision to the January 18 Planning Commission meeting. It was moved and seconded (Hanson/Heiser) to continue the item to January 18, 2022. 2. Conditional Rezoning, High Pines Subdivision Staff recommended the continuation of the High Pines Conditional Rezoning to a date uncertain. It was moved and seconded (Hanson/Heiser) to continue the item to a date uncertain. The motion passed 3-0. 3. Marys Lake Lodge Development Plan; Morgan Mulch, owner; David Bangs, applicant. Senior Planner Woeber reviewed the staff report. The subject property, located in the A- Accommodations zone district, is the longtime location of Mary’s Lake Lodge, which previously contained 16 accommodation units, which were heavily damaged in a fire in June 2018, and subsequently demolished. The “north wing” of the burned structure remains, containing 10 accommodation units. Although attached, the north wing includes condominiums under separate ownership and is not under the same ownership as this current application proposal. In August 2019, The Estes Valley Planning Commission approved a Development Plan for the “Estes Park Chalet” for a 49-room lodge and restaurant. In addition to the reconstruction of the lodge, a separate structure proposed as an “Event Facility” was approved through a Special Review process. In July 2020, an Amendment was approved to reduce the scope of the Event Facility, which was scaled down to a smaller, outdoor venue. Although some foundation work was initiated on the lodge rebuild, the project was halted while the owner/applicant reevaluated how to move forward. Staff recommended approval of the updated Development Plan. Page 11 Planning Commission – December 21, 2021 – Page 2 DISCUSSION: David Bangs, Trail Ridge Consulting Engineer, explained the previous developments and how the square footage was determined to get the allowable number of units (hotel rooms). This current project has been reconfigured by removing a story, reducing rooms and removing the event deck. The footprint of the building is the same. The restaurant is considered an accessory use and will be approved with this amended plan. Future development on the other two lots should come to staff’s attention. PUBLIC COMMENT: none It was moved and seconded (Hanson/Heiser) to approve the Mary’s Lake Lodge Development Plan application according to findings as presented. The motion passed 3-0. 4. Campbell Subdivision, TBD S. St. Vrain Ave, Frank Thies, applicant Senior Planner Woeber reviewed the staff report. The applicant requests approval of a Preliminary Plat to subdivide one lot, approximately 0.65 acres in size, into two lots proposed to be approximately 0.314 and 0.339 acres in size. The existing lot is zoned R (Residential), requiring ¼ acre minimum. Staff recommends the Estes Park Planning Commission forward a recommendation of approval of the Preliminary Plat to the Town of Estes Park Board of Trustees, with staff findings and the following conditions: A. The Final Plat shall include easements as required by Estes Park Sanitation District and the Town of Estes Park Utilities Department. B. Prior to recordation, the owner/applicant shall: 1. Submit a plan for sewer line requirements, subject to review and approval by Estes Park Sanitation District. 2. The applicant shall guarantee completion of the sidewalk construction per recommendation of the Town Public Works Department. This may involve constructing the sidewalk or submitting an improvement agreement, subject to review and approval by Public Works and Community Development. DISCUSSION: Frank Theis, developer, stated that the primary intent of subdividing was to build smaller, more affordable houses in the area. PUBLIC COMMENT: none It was moved and seconded (Heiser/Hanson) to recommend that the Town Board of Trustees approve the Campbell Subdivision Preliminary Plat, with the findings and conditions as recommended by staff. The motion passed 3-0. DISCUSSION ITEMS Director Garner is working with Ayres Associates on the RM-2 code amendment, with an update anticipated for February. The Comprehensive Plan visioning sessions are wrapping up, transitioning into community choices and policies. The next meeting is on January 13, 2022. The Town Board had questions and recommendations regarding the Accessory Dwelling Unit code amendment and voted for a continuance to January 11, 2022. Chair Comstock thanked Commissioner Hanson for his articles in the Trail-Gazette. Hanson gave an update on what is coming up for these articles. There being no further business, Chair Comstock adjourned the meeting at 2:53 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary Page 12 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Assistant Town Administrator Date: February 8, 2022 RE: Resolution 12-22 Revisions to Community and Family Advisory Board Bylaws (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To consider revisions to the bylaws for the Community and Family Advisory Board. Present Situation: In an effort to standardize board and committee bylaws, staff worked with the Town Attorney to create an updated template for bylaws. These changes were approved by the Town Board on January 25, 2022. Since that time, additional changes have been recommended for the bylaws of the Community and Family Advisory Board. The proposed changes are 1) modifying the stated role of the CFAB and 2) changing the name of the Community and Family Advisory Board to the Family Advisory Board. With respect to the role of the advisory board, the proposed revised language is as follows: From: • Research and summarize factual data on issues of importance to families in the Estes Valley, • Develop recommended policies that align with the Town Board Strategic Plan to address these issues, and • Present these recommendations to the Town Board and/or Town staff T o: • Research, review, and summarize data on issues, challenges, needs, service gaps, and barriers to services facing families in the Estes Valley. Page 13 • Discuss, prioritize, and summarize information to share with Estes Park Town Board, and present policy recommendations that align with or inform the Town Board’s Strategic Plan. • Provide the perspective of families on current projects and plans of the Town Board and deliver informed and timely responses to Town Board for information as requested. Proposal: Staff requests approval of the recommended revisions to the advisory board bylaws. Advantages: The bylaw revisions respond to recommendations received by advisory board members and provide clearer expectations of the group’s role. Disadvantages: None. Action Recommended: Approval of the revisions to the bylaws of the Community and Family Advisory Board. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move for the approval of Resolution 12-22. Attachments: 1. Resolution 12-22 2. Family Advisory Board Bylaws Page 14 RESOLUTION 12-22 A RESOLUTION APPROVING REVISIONS TO THE COMMUNITY AND FAMILY ADVISORY BOARD BYLAWS WHEREAS, the Town Board is responsible for board and committee formation and member appointments through Town Governance Policy 102; and WHEREAS, staff recommends the approval of revisions to Community and Family Advisory Board; and WHEREAS, the recommended revisions were proposed by the remaining members of the Community and Family Advisory Board, which currently does not have the minimum number of members required in the bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The amended Community and Family Advisory Board Bylaws now before the Board, adding underlined material and deleting stricken material, are hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 15 COMMUNITY AND FAMILY ADVISORY BOARD BYLAWS [REVISED 02/2022] I. ROLE The role of the Community and Family Advisory Board (CFAB) includes three (3) primary responsibilities: 1.Research, review, and summarize factual data on issues, challenges, needs, service gaps, and barriers to service facing of importance to families in the Estes Valley; and 2.Discuss, prioritize, and summarize information to share with the Estes Park Town Board, and presentDevelop recommended policy recommendationsies that align with or inform the Town Board’s Strategic Plan to address these issues; and 3.Provide the perspective of families on current projects and plans of the Town Board and deliver informed and timely responses Present these recommendations to the Town Board for information as requested.and/or Town staff. “Chair” in the remainder of this document will refer to the Chair of CFAB. “Staff Liaison” shall be the Assistant Town Administrator or other designee of the Town Administration. II. MEETINGS A.Regular Meetings. Shall be held monthly, with additional meetings scheduled as needed. Regular meetings shall occur at 3:30 p.m. on the first Thursday of each month. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until and heard at the next regularly scheduled meeting or a specially scheduled meeting and shall have priority over any other matters to be heard and considered. B.Special Meetings. May be held at any time upon call by the Chair or the Staff Liaison as needed. Notice of at least three (3) calendar days shall be given to each member of the CFAB. The time, place, and purpose of the special meeting shall be specified in the notice to the committee members. Should a special meeting be scheduled, notification must be provided to the Assistant Town Administrator in an effort to adequately notify the public in accordance with the State of Colorado Open Meetings Law Section 24-6-402(2)(c) C.R.S. C.Cancellation of Meetings. Regularly scheduled meetings of the CFAB may be cancelled or rescheduled upon determination by the Chair. Any cancelled ATTACHMENT 1 Page 16     meeting requires notification to the Staff Liaison in an effort to adequately notify the public. D. Meeting Procedures. Chair shall preside in accordance with generally accepted norms for the conduct of parliamentary procedure. The CFAB may overturn a parliamentary determination of the Chair by majority vote. Robert’s Rules of Order may be considered as a parliamentary guide. E. Open Meetings. All meetings and action of the CFAB shall be in full compliance with state statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the assigned staff member of the Town Administrator’s Office to be familiar with these statutes and regulations. F. Attendance by Non-members. Meetings may be attended by persons who are not members of the CFAB. At the discretion of the Chair, non-members may be allowed to speak at meetings. However, in no event shall non-members be allowed to vote on matters for which a vote is required. III. MEMBERS AND QUORUM A. Membership. The CFAB shall consist of no fewer than seven (7) and no more than ten (10) members. Members must be residents of the Estes Park School District R-3; have adequate time to devote to the CFAB (at least six (6) hours per month); and have experience dealing with issues facing families in the Estes Valley. Appointments of members shall be made by the Town Board in accordance with Policy 102. B. Terms. Members shall be appointed to a three (3) year term. The terms of the members shall be staggered so that the terms of an equal number of the members, or as equal a number as possible, expire on the last day of April each year. There are no term limitations, and members may be reappointed by the Town Board in accordance with Policy 102. C. Vacancies. Vacant positions shall be filled by appointment by the Town Board for the unexpired portion of the term of the position to be filled. D. Quorum. A quorum for transaction of business of the CFAB shall consist of a majority of the appointed (voting) member positions that are filled at the time. This is the minimum number of members required to be present to open a meeting and conduct business. E. Action. Any action by the CFAB shall be by majority vote of the members attending any regular or special meeting at which a quorum is present, unless otherwise provided by law or ordinance. A tie vote shall constitute failure of the motion on the floor. Page 17     F. Town Board Liaison. The Town Board may appoint one of its members as a liaison to the CFAB, who shall receive copies of all notices, documents, and records of proceedings of the CFAB which any member would also receive. IV. OFFICERS A. Officers. The CFAB officers shall include a Chair and a Vice-Chair as selected by the CFAB. B. Elections. Officers shall be elected by the members annually, at the first regularly scheduled meeting of each year. Officers shall be members of the CFAB. Notification of who is elected Chair and Vice Chair will be sent to the Town Clerk. C. Chair Responsibilities: 1. Preside at all meetings 2. Ensure that all meetings are conducted with decorum and efficiency 3. Call special meetings in accordance with the bylaws 4. Authority to cancel a meeting 5. Sign any documents prepared by the CFAB for submission to the Town Board or Town departments 6. Represent the CFAB in dealings with the Town Board or other organizations 7. The Chair has the same right as any other member of the Board to vote on matters before the CFAB, to move or second a motion, and to speak for or against proposals. D. Vice-Chair Responsibilities: 1. Assist the Chair as requested 2. Accept and undertake duties delegated by the Chair 3. Preside over meetings or perform other duties of the Chair in the event the Chair is absent or unable to act. A. Officer Vacancies. If any office is vacant, the members of the CFAB shall elect a member to fill the office for the remainder of the year. E. Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting, the CFAB may elect a voting member to serve as Chair for the duration of that meeting. V. STAFF ROLE An assigned staff member of the Town Administrator’s Office is responsible for proper notification of meeting, preparation and distribution of agenda, assembly of packet and minute taking for all meetings. VI. ATTENDANCE Page 18     Regular attendance by the members of the CFAB is expected. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town Board may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. VII. AMENDMENTS Recommendations for amendments to these bylaws may be adopted at any regular or special meeting of the CFAB by a majority of the membership of the CFAB provided that notice of such possible amendments is given to all members at least five (5) days prior to the meeting at which action is to be taken. Any amendments shall be subject to approval by the Town Board. VIII. COMPLIANCE WITH TOWN POLICIES A. In addition to these bylaws, the CFAB shall operate in compliance with the adopted Town Board policy on Town Committees, Policy 102, as amended. The terms of this policy are incorporated into these bylaws by this reference. A copy of the policy, along with these bylaws, shall be provided to each member at the time of their appointment. B. Failure to comply with applicable Town policies may be grounds for an official reprimand or censure by the CFAB and/or a recommendation to the Town Board for removal. IX. CONFLICT OF INTEREST All members of the CFAB are subject to the standards of conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the Colorado Constitution (Amendment 41). At the time of introduction of an individual item on the CFAB agenda in which the member has a conflict of interest, the member shall state that a conflict of interest exists and then abstain from participating and voting on the matter. A member having a conflict of interest on any matter shall not attempt to influence other members of the CFAB at any time with regard to said matter. Adopted this ___ day of _______ , 2022. ESTES PARK BOARD OF TRUSTEES By: ________________ Mayor Page 19       Page 20 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Christy Crosser, Grant Specialist Greg Muhonen, Public Works Director Date: February 8, 2022 RE: Resolution 13-22 Cornerstone Engineering and Surveying Contract for US 36 and Community Drive Roundabout (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff is requesting the Town Board approve this contract with Cornerstone Engineering and Surveying, Inc. (“Cornerstone”) for continued work on the US 36 and Community Drive Roundabout project. Present Situation: This project has been on hold due to a shortfall of funding for construction. Staff are seeking grant funding from the Colorado Department of Transportation’s Revitalizing Main Street program and other sources. Cornerstone has nearly completed the design and engineering for the Roundabout and staff would like to retain Cornerstone as we continue to work on funding opportunities. Their project knowledge and experience are valuable as staff draft grant applications. The prior contract with Cornerstone expired December 31, 2021, and Attorney Kramer advised staff to produce a new contact for the continued work on this project. With funding for this project, Cornerstone will complete the construction bid process and provide construction management and oversight. Additional design work could include a multiuse trail along the west side of Community Drive if grant funding is obtained. Proposal: Staff proposes approval of this professional services contract with Cornerstone for the Roundabout project. Page 21 Advantages: •Approving this contract will ensure continuity for project completion when funding becomes available. •Continuing work with Cornerstone provides project efficiency because of their past work, knowledge, and experience on this project. •Retaining Cornerstone will result in project readiness when funding becomes available. Disadvantages: •Allowing this contract to expire requires this new contract; however, this provides staff the opportunity to use the new contract template provided by the Legal Department. •If additional funding is further delayed, a change order may be needed if service costs continue to increase. Action Recommended: Staff recommends approving Resolution 13-22. Finance/Resource Impact: Budget account number: 204-5400-544.35-51 Fund name: Streets, COMMDR Project name: US Highway 36 and Community Drive Roundabout Contract amount: $131,359 2021 Amended Project Budget will be carried over to 2022 Future impacts. •Grant funds will likely require a match which is unknown at this time. •A maintenance agreement may be needed with CDOT. The Town’s maintenance responsibility includes: landscaping and irrigating the central island and area surrounding the roundabout; railing over the underpass; underpass structural elements, and all infrastructure elements on Community Drive. Level of Public Interest Interest in this contract is low. Interest in the project is moderate for the schools, and Events Complex and fairground users. Sample Motion: I move to approve/deny Resolution 13-22. Attachments: 1.Resolution 13-22 2.Contract 3.Explanation of Statement of Work 4.Prior Contract executed February 28, 2018, includes Change Orders 1-4 LINK Page 22 RESOLUTION 13-22 APPROVING A PROFESSIONAL SERVICES CONTRACT WITH CORNERSTONE ENGINEERING AND SURVEYING, INC., FOR THE US 36 AND COMMUNITY DRIVE ROUNDABOUT WHEREAS, the Town of Estes Park entered into a Contract with Cornerstone Engineering and Surveying, Inc. on February 28, 2018 for design, engineering and construction management services for the US 36 and Community Drive Roundabout project; and WHEREAS, project implementation has been delayed due to lack of funding, leading to that Contract expiring on December 31, 2021; and WHEREAS, the Town Board desires to enter into a new Contract with Cornerstone Engineering and Surveying, Inc. to retain their services in order to continue the work for the project in the event that funding is obtained. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the professional services contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 23 PROFESSIONAL SERVICES CONTRACT Design, Engineering and Construction Management for US 36 and Community Drive Roundabout The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Cornerstone Engineering and Surveying, Inc. (Consultant), a Colorado Corporation, whose address is 1692 Big Thompson Avenue, Suite 200, Estes Park, Colorado 80517, make this Contract this __________ day of ____________________, 2022, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Whereas, Town has previously contracted with Consultant on February 28, 2018 (“Prior Contract”) following a competitive bidding process to provide services outlined in its Proposal for a traffic calming project at the intersection of Community Drive and US 36; and 1.2 Whereas, the Town and Consultant extended that Prior Contract until December 31, 2021 through change orders, due to project delays attributed to lack of funding; and 1.3 Whereas, the scope of this project has expanded through change orders to include additional design, engineering and construction management services for the construction of a roundabout at the US 36/ Community Drive intersection; and 1.4 Whereas, Town desires to use the Services of Consultant outlined in the Explanation of Statement of Work, Consultant’s Proposal, the Prior Contract and subsequent change orders; and 1.5 Consultant has agreed to provide these Services, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 This Contract; ATTACHMENT 2 Page 24 Town of Estes Park Professional Services Contract --Page 2 of 13 2.2 Notice to Proceed; 2.3 Explanation of Statement of Work, containing 1 page, dated January 28, 2022; 2.4 Change Orders 1 – 4 from the Prior Contract; 2.5 Professional Services Contract with Cornerstone Engineering and Surveying, Inc., dated February 28, 2018 (Prior Contract); 2.6 The following Addenda, if any: Number Date Page(s) 2.7 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.8 Request for Proposals, containing 23 pages, dated January 15, 2018; 2.9 Consultant's Proposal, containing 50 pages, dated February 1, 2018; and 2.10 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, as directed by the Town. 5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed $131,359.00, as the Price for the total Services performed as stipulated in the Contract Documents. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. Page 25 Town of Estes Park Professional Services Contract --Page 3 of 13 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or Page 26 Town of Estes Park Professional Services Contract --Page 4 of 13 reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work as the Town requests. Town will give reasonable notice of any such meetings, so Consultant may attend. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town for a period of three (3) years. Page 27 Town of Estes Park Professional Services Contract --Page 5 of 13 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials as identified to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires within a period of three (3) years after the expiration of this Contract, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. Town shall issue no Change Order or other form of order or directive requiring additional compensable work that will cause the Price to exceed the amount approved. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: Page 28 Town of Estes Park Professional Services Contract --Page 6 of 13 TOWN OF ESTES PARK: Greg Muhonen Public Works Director PO Box 1200 Estes Park CO 80517 CONSULTANT: Mike Todd, Owner Cornerstone Engineering & Surveying, Inc. 1692 Big Thompson Avenue, Suite 200 Estes Park CO 80517 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an Page 29 Town of Estes Park Professional Services Contract --Page 7 of 13 additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Public Works Department With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. Page 30 Town of Estes Park Professional Services Contract --Page 8 of 13 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), if caused, in whole or in part, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable; or attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) directly due the error, omission or negligent act of the Consultant anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners Page 31 Town of Estes Park Professional Services Contract --Page 9 of 13 in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on a date specified in a forthcoming Notice to Proceed, and shall continue through December 31, 2023. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. Page 32 Town of Estes Park Professional Services Contract --Page 10 of 13 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultants clearly identified and accepted in the Contract Documents, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with a worker without authorization to perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not Page 33 Town of Estes Park Professional Services Contract --Page 11 of 13 knowingly employ or contract with a worker without authorization to perform work under this Contract. 34 VERIFICATION REGARDING WORKERS WITHOUT AUTHORIZATION: Contractor has confirmed the employment eligibility of all employees newly hired for employment to perform work under this Contract through participation in either the E-verify program administered jointly by the United States Department of Homeland Security and the Social Security Administration or the employment verification program of the Colorado Department of Labor & Employment. 35 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E- verify or Colorado Department of Labor & Employment program procedures to undertake pre-employment screening of job applicants while performing this Contract. 36 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with a worker without authorization, the Contractor shall, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization: (a) notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and (b) terminate the subcontract with the subcontractor if, within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization, the subcontractor does not stop employing or contracting with the worker without authorization. 37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S. 8-17.5-102 (5). 38 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. (Signature pages follow.) Page 34 Town of Estes Park Professional Services Contract --Page 12 of 13 CONSULTANT By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of , a Colorado corporation, on behalf of the corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public Page 35 Town of Estes Park Professional Services Contract --Page 13 of 13 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 36 Explanation of Statement of Work January 28, 2022 Cornerstone Engineering and Surveying, Inc. Contract for US 36 and Community Drive Roundabout The services covered under this new professional services contract will include the remaining work under an expired contract with change orders between the Town of Estes Park and Cornerstone Engineering and Surveying, Inc (“Prior Contract”). The Prior Contract between the Town of Estes Park and Cornerstone Engineering and Surveying, Inc. for the US 36 and Community Drive Intersection was executed on February 28, 2018, in the amount of $50,000. The original scope of work was for the engineering design of two auxiliary turn lanes for left and right turning traffic on US 36 entering Community Drive. Through a community engagement process and based on engineering professional judgement, the scope changed to a roundabout intersection design (Change Order 1: Additional Design Services). This Change Order also included Additional Field Inspection Services for the construction phase. This roundabout design required a no cost time extension (Change Order 2). Change Order 3 supported an illumination plan and completing environmental impact assessments. Change Order 4 supported additional environmental evaluations. Work completed to date includes the design engineering for the roundabout and all but one environmental task. Remaining scope of work to be completed for the new contract includes finalizing the construction documents for bidding, conducting the construction bidding process, and performing construction management services for the Town of Estes Park. The total amount of the Prior Contract was $332,065 (including change orders). A total amount of $200,706 has been spent to-date, leaving $131,359 as the Contract Price not-to-exceed for the 2022 Contract. ATTACHMENT 3 Page 37 PROFESSIONAL SERVICES CONTRACT This Contract is entered into thi~th day of February 1 2018, by and between the Town of Estes Park. Colorado ("Town") and Cornerstone Engineering and Surveying. Inc. ("Consultant"). Whereas, the parties desire to contract with one another to complete the following project: US 36 & Community Drive Turn Lane. Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services . a. The Consultant shall perform the services set forth in Exhibit A (the Proposal submitted by the consultant), attached hereto and incorporated herein by reference ("Services"). The Town reserves the right to remove any of the Services from Exhibit A upon written notice to Contractor. In the event of any conflict between this Contract and Exhibit A , the provisions of this Contract shall prevail. b. No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. 2. Price. The Town shall pay the Consultant a sum not to exceed $50,000 . The Town shall make payment within thirty days of receipt and approval of monthly invoices, which shall identify the specific Services performed for which payment is requested. 3. Term. This Contract shall be effective from March 5 1 2018, through December 31. 2018 . This Contract may be extended or renewed by written agreement of the parties. 4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town's annual budgeting process and Article X, Section 20 of the Colorado Constitution . The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 5. Independent Contractor. The parties agree that the Consultant is an independent Contractor and is not an employee of the Town . The Consultant is not entitled to workers' compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. 6 . Insurance Requirements . a. Policies. The Consultant and its subconsultants, if any, shall procure and keep in force during the duration of this Contract the following insurance policies and shall provide the Town with a certificate of insurance evidencing upon execution of this Contract: i. Comprehensive general liability insurance insuring the Consultant and naming the Town as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations . The policy shall contain a severability of interests provision. ii. Comprehensive automobile liability insurance insuring the Consultant and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Consultant which are used in connection with this Contract, whether the motor vehicles are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. iii. Professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. (Note: this policy shall only be required if the Consultant is an architect, engineer, surveyor, appraiser, physician , attorney, accountant, or other licensed professional.) iv. Workers' compensation insurance and all other insurance required by any applicable law. (Note: if under Colorado law the Consultant is not required to carry workers' compensation insurance, the Consultant shall execute a Certificate of Exemption and Waiver, attached hereto as Exhibit B and incorporated herein by reference.) b. Requirements. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder's financial rating acceptable to the Town. Said policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. The Consultant shall identify whether the type of coverage is "occurrence" or "claims made." If the type of coverage is "claims made," which at renewal the Consultant changes to "occurrence," the Consultant shall carry a six-month tail. Comprehensive general and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town . Such policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Contractor, its officers, employees, agents, subconsultants, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 7. Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys ' fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by , or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any subconsultant of the Consultant, or any officer, employee, or agent of the Consultant or any subconsultant, or any other person for whom the Consultant is responsible. The Consultant's indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the Town. This paragraph shall survive the termination or expiration of this Contract. 8. Professional Responsibility. a. Consultant hereby warrants that it is qualified to perform the Services, holds all professional licenses required by law to perform the Services, and has all requisite corporate authority to enter into this Contract. b. The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. c. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the standard of professional practice. d. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, approval, or acceptance of, nor payment for, any of the Consultant's services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. e . Consultant hereby agrees that Consultant, including but not limited to, any employee, principal , shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the rec i pient of any contract or work for the services provided by Consultant pursuant to the terms and conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant's services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. f . Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Contract including, but not limited to , Section 10. 9. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied , of any of the notices, requirements , immunities, rights , benefits , protections , limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 10. Compliance with Applicable Laws. a. Generally. The Consultant shall comply with all applicable federal , state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. b. C.R.S. Article 17.5. Title 8. The Consultant hereby certifies that, as of the date of this Contract, it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Consultant will participate in the e-verify program or Colorado Department of Labor and Employment ("Department") program as defined in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. The Consultant certifies that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the e-verify program or the Department program. The Consultant is prohibited from using either the e- verify program or the Department program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. If the Consultant obtains actual knowledge that a subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to : (i) notify the subconsultant and Town within three days that Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this subparagraph the subconsultant does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. The Consultant shall comply with any reasonable request by the Department made in the course of an investigation that it is undertaking pursuant to the authority established in C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the Town may terminate this Contract for default in accordance with "Termination," below. If this Contract is so terminated, the Consultant shall be liable for actual and consequential damages to the Town. (Note: this paragraph shall not apply to contracts: (i) for Services involving the delivery of a specific end product (other than reports that are merely incidental to the performance of said work); or (ii) for information technology services and/or products.) 11. Termination. a. a. Without Cause. Either party may terminate this Contract without cause upon thirty days prior written notice to the other. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination , but shall not be liable to the Consultant for anticipated profits. b. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract pursuant to this Section, the non-defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. 12. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed , or three days after being sent by certified mail , return receipt requested : To the Town : Kelly Stallworth , El Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Email : kstallworth @estes .org 13. Special Provisions. To the Consultant: Contact: J{kk ~JJ , P.£. Company : Cornu:, l."c, C:.-i,~"~ -.J ~~:,, -Z:..c:. Address : /t'<J.... gj -r-'1otllr~" Av~ LJ, i-cO ~s~ P .. rL.1 Co 3'051 7 The Contract work shall be completed according to the schedule delivered in Section 2.0 Schedule of Activities of the "Request for Proposal Consulting Services Dry Gulch Roadway Improvements" unless otherwise modified in writing with a subsequent Amendment to this Contract. 14. Time of the Essence. Time is of the essence in performance of the Services and is a significant and material term of this Contract. 15. Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein , may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable , such holding shall not invalidate or render unenforceable any other provision of this Contract. 16. Assignment. The Consultant shall not assign this Contract without the Town 's prior written consent. 17. Governing Law. This Contract shall be governed by the laws of the State of Colorado , and venue shall be in the County of Larimer, State of Colorado. 18. Instruments of Service. Drawings , models , specifications , research , reports, studies , data , photographs and other documents , including those in electronic form, prepared by Consultant and its subconsultants in the performance of obligations under this Contract are Instruments of Service for use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights , including copyrights; except that, upon execution of this Contract, the Consultant grants to the Town a non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's Instruments of Service solely in connection with the above-referenced project, including the project's further development by the Town and others retained by the Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with this Contract. Consultant shall, during the term of this Contract provide the Town with copies of all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such preparation, and shall provide them in electronic format or any other format requested by the Town. 19 . Attorney's Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to , defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney's fees and costs as determined by the court. 20. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq . , Signed by the parties on the date written above . Town of Estes P~ado ~ By: -U../,~ Title: "To ct> .), o hA:, \:::Y=\'i oe ATTEST: • ,,,\111111//11,, • ,,,,, 'f ES 7€: 11,,1 Y':zJ I 9 Q ft ft ~,,''~ 0 ••• •••••• •• ~ .,() ,~ ....... ,, .. • -t ~ :::--\-.• ··~:,,,_ ~,_O: ·.~~ -. . -; : : E -. . -. --. . --. c:t.3 ·~ ~ f'' ·~ o : O::: ~/~;~;:.~~~:~· EA.'; .. ··· cY.§' ...•. ••••••• ~("J,' · .. '··. -. ,, ·.· .... ··, c ou~ ,,,,, . '.' /j l l I ti I\\\\\ Consultant , jf · By Ji{ La Title : Principal Cornerstone Engineering & Surveying , Inc . STATE OF ~ o l o.aA-J.. ~ ) L . ) ss. COUNTY OF .A-12,\vn'V2.-) The foregoing instrument was acknowledged before me this ll~ay of ,6"b«.uAJcd' 2o _lli by iYLl,htz\-:::::r;Jl . (Insert name of individual signing on behalf of the Consultant) SEAL TAMMY A. DEBAISE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054004278 ~~ al signature MY COMMISSION EXPIRES MARCH 10, 2021 January 28, 2019 David Hook Engineering Manager Public Work Dept. Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Community Drive and US 36 Roundabout Design Fees: Dear Dave: Cornerstone Engineering & Surveying, Inc. (CES) appreciates the opportunity to submit the updated design fees for the proposed roundabout at the intersection of Highway US 36 and Community Drive. The original scope was for the design of a left turn lane for west bound and a right turn lane for east bound US Highway 36 onto Community Drive. Current task completed for the proposed turn lanes include: • Review of traffic study prepared by Delich Associates. • Develop concept designs for presentation at public meetings • Develop preliminary construction cost estimates • Meet with CDOT to discuss CDOT review and permitting Following the concept development for the turn lane, The Town of Estes Park expressed interest in evaluating the implementation of a roundabout at the US 36 and Community Drive intersection. The Town engaged MTJ Roundabout Engineering to evaluate the application of the roundabout. CES has completed $25,585.00 from the original contract agreement. Of the original scope work completed CES feels that $13,225.00 is applicable to the roundabout design with the remaining work having to be recreated. Preliminary construction estimate for the roundabout with contingency is approximately $2.1 million, not including the electrical utility relocation. The proposal design fees including construction bidding are $159,380.00. (~ 7.6% of construction cost) Please see the attached breakdown of cost. Community Drive, Estes Park, Colorado Page 2 of 2 Proposed Cost Does Not Include: • NEPA Study • Permitting with the Bureau of Reclamation • Fees for MTJ Design work • Electrical Utility relocate design The proposal for construction related services was developed based on an onsite construction inspector 5.5 hours a day with a 4 month (80 working day) construction period. The proposed fees for construction related services are $80,950.00. Proposed Cost for Construction Related Services does not include Material Testing. The Material Testing is estimated at approximately $20,000.00. Please let me know if you have any questions or would like to discuss the proposed cost. Sincerely, Cornerstone Engineering & Surveying, Inc. Michael S. Todd, P.E. Principal CONTRACT CHANGE ORDER NO. 2 Date 6/29/2020 Contractor Cornerstone Engineering & Surveying, Inc Submitted by David Hook Address 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive City State Zip Estes Park, CO 80517 Project #COMMDR Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A 2a Description of change (narrative) A The contract expiration date is revised from June 30, 2020 to June 30, 2021 2b NO.ITEM NO.ITEM DESCRIPTION CURRENT CONTRACT QTY UNIT UNIT COST CURRENT ITEM COST CHANGE ORDER QTY CHANGE ORDER AMT ADJUSTED ITEM COST A Time Extension 0 -$ -$ 0 -$ -$ COSTS Original contract amount 50,000.00$ Change in contract costs previous change order/s #260,330.00$ Change in contract costs this change order A -$ Adjusted contract amount 310,330.00$ Percent change to contract costs (informational only)% TIME Original contract time N/A calendar days Change in contract time previous change order/s #calendar days Change in contract time this change order calendar days Adjusted contract time calendar days Original contract expiration date 12/31/2018 date 30% design plans (FIR) completion date Complete date 90% design plans (FOR) completion date 10/31/2020 date Final design completion date 12/31/2020 date Final contract expiration date A 6/30/2021 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk Contract expiration date needed extened. Transition from prelimiary design to final design has been put on hold for a number of reasons during late 2019 and early 2020, including: resolving ROW and Environmental Clearance issuses that arose during the FIR process, the project budget not being fully funded for construction, other PW projects with higher priorities, and the coronavirus pandemic. Page 1 Principal 6/28/2020 Michael Todd, Mich l ToToToToToTodd 6-29-2020 Page 2 CONTRACT CHANGE ORDER NO. 3 Date 10/8/2020 Contractor Cornerstone Engineering & Surveying, Inc Submitted by Christy Crosser Address 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive Roundabout City State Zip Estes Park, CO 80517 Project #COMMDR Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A B This project requires a wetlands delineation, which was not included in the original contract for design. 2a Description of change (narrative) A This change order add funds to support the illumination plan as subcontract work to Cornerstone Engineering. B This change order add funds to support wetland delineation as subcontract work to Cornerstone Engineering. 2b NO.ITEM NO.ITEM DESCRIPTION CURRENT CONTRACT QTY UNIT UNIT COST CURRENT ITEM COST CHANGE ORDER QTY CHANGE ORDER AMT ADJUSTED ITEM COST A Subcontract illumination plan 1 LS 9,000.00$ -$ 1 9,000.00$ 9,000.00$ B Subcontract wetland delineation 1 LS 800.00$ -$ 1 800.00$ 800.00$ COSTS Original contract amount 50,000.00$ Change in contract costs previous change order/s #260,330.00$ Change in contract costs this change order A 9,800.00$ Adjusted contract amount 320,130.00$ Percent change to contract costs (informational only)% TIME Original contract time N/A calendar days Change in contract time previous change order/s #calendar days Change in contract time this change order calendar days Adjusted contract time calendar days Original contract expiration date 12/31/2018 date 30% design plans (FIR) completion date Complete date 90% design plans (FOR) completion date 10/31/2020 date Final design completion date 12/31/2020 date Final contract expiration date A 6/30/2021 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk This project requires an illumination plan, which was not included in the original contract for design. Page 1 Principal 10/8/2020 r signature TRACTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTORRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR NA NA NA 10/12/2020 CONTRACT CHANGE ORDER NO. 4 Date 6/15/2021 Contractor Cornerstone Engineering & Surveying, Inc Submitted by Christy Crosser Address 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive Roundabout City State Zip Estes Park, CO 80517 Project #COMMDR Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A B 2a Description of change (narrative) A This change extends the contract expiration date. B This change order add funds to support work in the area of Environmental and Historic Preservation to complete final design. 2b NO.ITEM NO.ITEM DESCRIPTION CURRENT CONTRACT QTY UNIT UNIT COST CURRENT ITEM COST CHANGE ORDER QTY CHANGE ORDER AMT ADJUSTED ITEM COST A Extend contract expiration date 1 LS -$ -$ -$ -$ B-1 4(f) and 6(f) requirements LS 1 7,735.00$ 7,645.00$ B-2 Stanley Park Use Agreement research LS 1 3,240.00$ 3,240.00$ B-3 SHPO Submittal documentation & research LS 1 960.00$ 960.00$ COSTS Original contract amount 50,000.00$ Change in contract costs previous change order/s #270,130.00$ Change in contract costs this change order 11,935.00$ Adjusted contract amount 332,065.00$ Percent change to contract costs (informational only)% TIME Original contract time N/A calendar days Change in contract time previous change order/s #calendar days Change in contract time this change order calendar days Adjusted contract time calendar days Original contract expiration date 12/31/2018 date 30% design plans (FIR) completion date Complete date 90% design plans (FOR) completion date 10/31/2020 date Final design completion date 12/31/2020 date Final contract expiration date 12/31/2021 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk Contract expiration date needed extended as construction funding consideration are pending. Additional scope required for final design including 4(f) and 6(f) compliance; Stanley Park Use Agreement research; and SHPO Submittal documentation and research. Page 1 6/17/21 Michael Todd, Principal 6-18-21 Hourly Rate $120 $95 $95 $90 $150 $85 $65 Item No. Description Pr o j e c t E n g i n e e r En g i n e e r T e c h . Co n s t r u c t i o n E n g . Li c e n s e d S u r v e y o r Su r v e y C r e w CA D D T e c h . Cl e r i c a l Ex p e n s e s TO T A L C U R R E N T IN V O I C E P A Y RE Q U E S T # 1 1 P R E V I O U S I N V O I C E T O T A L T O D A T E Ap p r o v e d ( C / O ) No t A p p r o v e d (C / O ) A Data Acquisition A1 Data Acquisition Project Research $0 $5,090 $5,090 A2 Field Survey & Base Map Development $0 $8,505 $8,505 A3 Geotechnical Investigation & Report $0 $8,761 $8,761 A4 Meeting w/ Town & Stakeholders $0 $2,920 $2,920 A5 Meeting / CDOT $0 $2,250 $2,250 4(f) & 6(f) Compliance $0 $4,415 $4,415 $4,415.00 Stanley Park Use Agreement Research $0 $3,240 $3,240 $3,240.00 SHPO Submital Documentation, Research $0 $960 $960 $960.00 SUBTOTAL 0 0 0 0 0 0 0 0 $0 $36,141 $36,141 $8,615.00 C Engineering Design 90% Complete C1 Design and Plans Preparation 5 30 $3,450 19,775$ $23,225 C2 Retaining Wall Design 2 10 5 $1,615 2,005$ $3,620 C3 Box Culvert Extention Design $0 C4 Submit Plans for Utility Company Review & Comment $0 285$ $285 C5 Construction Documents & Technical Specs 2 2 4 4 $1,030 4,720$ $5,750 C6 Project Cost Estimates & Tabulation Quantities 2 2 $430 3,230$ $3,660 C7 Right-of-way/ Property Boundaries $0 2,020$ $2,020 C8 Project Permitting (CSRTS)$0 2,745$ $2,745 C9 Design Review Meeting 15 15 $3,225 4,300$ $7,525 C10 Plan Modification Per Design Review & Meeting Documentation $0 6,445$ $6,445 C11 Preparation for Public Meetings $0 $0 C12 Public Meeting $0 $0 4(f) & 6(f) Compliance $0 3,320$ $3,320 $3,230.00 C/O 3 Roundabout Illumination Design $0 2,800$ $2,800 $2,800.00 C/O 3 Wetlands Deliniation $0 800$ $800 $800.00 SUBTOTAL 26 59 0 9 4 $9,750 52,445$ $62,195 $3,600.00 $3,230.00 $3,120 $5,605 $0 $0 $0 $765 $260 $0 $11,845.00TOTAL 2019 CIVIL ENGINEERING DESIGN US 36 AND COMMUNITY DRIV ROUNDABOUT CORNERSTONE ENGINEERING & SURVEYING, INC. Date: 05/27/20214(f) & 6(f) Compliance Additional Work       Page 38 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jessica Garner, Community Development Director Date: February 8, 2022 RE: Resolution 14-22 Professional Services Contract Extension with Ayres Associates for Planning Consulting Services, 2022 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve a Professional Services Contract extension with Ayres Associates Inc. for planning consulting services on behalf of the Town. The contract would be effective for all of CY 2022 and has a not-to-exceed cost of $113,000. Present Situation: Community Development staff have administered professional-services contracts for on- demand planning consulting services for at least the past eight years. “On-demand” in this context refers to the contractual ability for our staff to request the consultants perform specific planning services, billable to the Town at hourly rates set in the contract(s). A typical on- demand task would be reviewing and providing analysis and a staff report on a specific development project - usually these are projects that do not require extensive in-person services, such as presenting to Planning Commission. Other assignments involve longer-range planning projects; for example, our consultants recently completed an examination of the economic ramifications of increased downtown building height, presented to Planning Commission in November. Ayres Associates, via their Fort Collins office, has fulfilled this role for Planning division since the beginning of 2018. Ayres Associates were retained following a competitive request-for- qualifications (RFQ) process. Staff have been very satisfied with their performance during this time, and we have renewed their contract each calendar year. Memo COMMUNITY DEVELOPMENT Page 39 Proposal: The current proposal is to approve (renew) the contract with Ayres Associates for CY 2022. The term is for one year: January 1, 2022 through Dec. 31, 2022. The not-to-exceed amount is $113,000 for the year, with actual payments based on monthly invoicing at hourly rates, per Attachment 5 (Estes Park Ayres Compensation 2021.) These provisions are the same or similar to those in past years, except the not-to-exceed amount, which is discussed below. Until this contract, the not-to-exceed amount has been in the $115,000 range. The current proposed amount has been slightly decreased to $113,000. This is proposed as a result of the approved 2022 Budget provisions to increase the Planning Division’s consulting budget by $50,000 over FY 2020, as a partial offset for the freeze on filling the vacant Planner I position. Once the Town budget stabilizes and a Planner I can be brought on board, and assuming no additional on-call consulting needs arise, future contracts likely would revert to an approx. $75K-$80K level. Note that the contract is billable only when services are rendered, so actual expenditures would not necessarily reach the full contract amount. For the past four annual cycles, staff has reviewed, approved, and executed the annual contract with Ayres Associates. However, under Policy 601 (Spending Authority & Limits), expenditures over $100,000 are to be reviewed and approved by Town Board and signed by the Mayor. Hence, the agenda item is before you this year. Assuming the above scenario comes to pass before 2023 with a Planner I having been hired and the contractual services reduced, planning consulting contracts like this one will likely drop below the $100K threshold. In any case, staff will indicate in the annual budget process when we propose to utilize consulting services, and approximately how much the anticipated cost will be. Staff would view an approval as essentially a renewal of the annual contract for the past four years. Consulting duties would be increased, but the type of services would not change. In addition to the text language of the Contract (Attachment 3), the following exhibits are also attached and are incorporated in the full Contract: the original Town Request for qualifications (RFQ) from Feb. 13, 2018 (Attachment 4); the Ayres Associates Proposal in response to the RFQ (including general scope of services/project understanding), March 2, 2018 (Attachment 5); and the Ayres Associates Compensation schedule for 2022 (Attachment 6). Advantages: •Allows additional flexibility in staffing for development review and long-range planning •Continues a longstanding professional collaboration between the Town and a competent consulting firm Disadvantages: •None identified at this time. Action Recommended: Staff recommends approval of the contract as drafted. Page 40 Finance/Resource Impact: Not to exceed $113,000 during FY 2022. Level of Public Interest Low. Sample Motions: I move to approve/deny Resolution 14-22. Attachments: 1.Resolution 14-22 2.Contract Extension No. 1 3.2021 Contract for Professional Services Between the Town of Estes Park and Ayres Associates Inc. LINK 4.Town of Estes Park Community Development Department Request for Qualifications: Planning Consultant: February 13, 2018 5.Estes Park Planning Ayres Associates Proposal: March 2, 2018 LINK 6.Ayres Associates Compensation Schedule 2022 Page 41 RESOLUTION 14-22 APPROVING A PROFESSIONAL SERVICES CONTRACT EXTENSION WITH AYRES ASSOCIATES FOR PLANNING CONSULTING SERVICES WHEREAS, the Town Board desires to restate and extend the professional services contract referenced in the title of this resolution for the purpose of continuity of planning consulting services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the professional services contract extension referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 42 PROFESSIONAL SERVICES CONTRACT EXTENSION NO. 1 Contract for Professional Services between the Town of Estes Park and Ayres Associates Inc. The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Ayres Associates Inc. (Contractor), a Colorado corporation, whose address is 3665 JFK Pkwy., Bldg. 2, Ste. 100, Fort Collins, CO 80525-3152, make this Contract this 1st day of January, 2022, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town and Contractor entered into a Professional Services Contract on January 1, 2021 for on-call planning consulting services (Contract). 1.2 Section 25 of the Contract originally provided that the term would continue through December 31, 2021, and provided for three (3) renewals upon mutual agreement of the parties. 1.3 Town and Contractor desire to extend the Contract for an additional year. 2 EXTENSION: The term of the Contract is hereby extended for one additional year. 3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force and effect. All provisions of the Contract relating to the interpretation or application of the Contract shall apply equally to this Contract Extension as though fully set forth herein. This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. Signature pages follow. ATTACHMENT 2 Page 43 Page 2 of 3 CONTRACTOR By: Title: _______________________________ STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me by , as of , a Colorado corporation, on behalf of the corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public Page 44 Page 3 of 3 TOWN OF ESTES PARK By: Title: _______________________________ State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 45 RFQ, PLANNING CONSULTANT PAGE 1 OF 3 TOWN OF ESTES PARK COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR QUALIFICATIONS PLANNING CONSULTANT FEBRUARY 13, 2018 Introduction The Town of Estes Park (Town) is seeking Requests for Qualifications (RFQs) to retain the services of a planning consultant or consulting firm (consultant). The consultant will provide a range of land use and planning services to the Town, primarily for the processing and review of various zoning, subdivision and code amendment applications and proposals. Community Overview The Town of Estes Park is located 70 miles northwest of Denver, at the eastern entrance to Rocky Mountain National Park. It is accessible from the east by U.S. Highways 34 and 36, and Colorado Highway 7. The Estes Valley is an enclosed mountain valley. The Estes Valley is a mountain resort community, with an economy that is largely dependent on tourism. The Community Development Department’s 32± square-mile jurisdiction, defined as the Estes Valley Development Code boundary, includes the Town of Estes Park as well as areas within unincorporated Larimer County, under unified Code regulations. Estes Park is a Statutory Town, governed by a Mayor and Board of Trustees. The Community Development Department Director reports to the Town Administrator. The Department is staffed by 10 people (when fully staffed). Services Requested Basic services for the purpose of this RFQ shall include planning services generally performed within the field of municipal and resort community planning, including but not limited to the following: 1.Review of land use applications including research, evaluation of code compliance, findings of fact, and preparing memos and staff reports. 2.Attendance and presentations to the Planning Commission, Town Board of Trustees, and Larimer Board of County Commissioners, upon advance request. This may involve day and night study sessions, meetings and hearings. 3.Research and special studies. ATTACHMENT 4 Page 46 RFQ, PLANNING CONSULTANT PAGE 2 OF 3 4. Drafting of correspondence and ordinances. 5. Participation in meetings and discussions with developers, applicants, residents, and staff as requested. Participation may be in-person, or electronic (e.g. conference call), depending on need. Selection Criteria The Town of Estes Park will select and award a contract/agreement to the consultant that is evaluated to be the best qualified to perform the work outlined under “Services Requested,” above, and based on the consultant’s resources, costs, communication skills, compatibility, quality and extent of planning experience. Other factors may also be considered. Selection Criteria include: • Planning consultant experience, including depth, variety, and length of experience. • Qualifications of consultant. Education, quality of work, background, type, and years of experience. • Clearly stating in the written RFQ an understanding of the potential work to be performed. • Availability and compensation of the consultant. RFQ Submittal All responses, questions, comments and correspondence should be directed to Jeffrey Woeber. In the interest of fairness to all respondents, do not contact other staff, elected officials, etc. One electronic, and two paper copies of the RFQ shall be submitted to: Jeffrey Woeber, Senior Planner Town of Estes Park Department of Community Development 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 jwoeber@estes.org RFQ Content The following material is required to be received by the Town of Estes Park by 5:00 p.m. on March 2, 2018, for a consultant to be considered: 1. Cover letter, with consultant’s name, address, telephone, and email. The letter will briefly state the consultant’s understanding of the work to be performed, and a statement of why the consultant believes he or she is the best qualified to perform the services requested. The letter must address availability and priority of the consultant. 2. Technical qualifications, including summary of areas of expertise, and services the consultant is capable of providing, along with technological expertise, computer skills and knowledge of office software and GIS, etc. 3. A résumé with an overview of the professional experience and qualifications of the consultant, along with an overview of relevant past experience of the consultant. Page 47 RFQ, PLANNING CONSULTANT PAGE 3 OF 3 4. References, with a list of at least three clients for whom the consultant has performed similar services, with an explanation of those services. Provide contact information for each reference. 5. Compensation, fee schedule. An hourly rate/fee structure, along with charges for incidental services and any other costs the consultant would charge the Town. 6. Type and amount of malpractice/liability insurance the consultant carries. The consultant selected shall provide documentation of the insurance. Affirmative Action The Town of Estes Park requires affirmative action and, therefore, the consultant selected shall not discriminate under the contract against any person in accordance with state, federal and local regulations. Contract The Town of Estes Park reserves the right to negotiate the final terms and conditions of the contract/agreement to be executed. Should the Town and a consultant be unable to mutually agree upon the entire contract, the Town reserves the right to discontinue negotiations, select another consultant, or reject all RFQs. A contract for one calendar year, with the potential for annual renewal is expected. Each party may terminate the contract with a 90-day notice. The Town’s budget and fiscal year are January 1 through December 31. Timeline RFQs must be received no later than March 2, 2018. Town staff will review the RFQs and notify selected consultants of the interview schedule no later than March 9, 2018. Interviews will be conducted March 14 – 16, 2018. A decision will be made on March 19, 2018, at which time contract negotiations will begin, with the contract to begin by March 26, 2018. Page 48 3665 JFK Parkway, Building 2, Suite 100 Fort Collins, CO 80525-3152 970.223.5556 www.AyresAssociates.com Response to Request for Qualifications for Planning Services March 2, 2018 | Town of Estes Park February 28, 2018 Jeffrey Woeber, Senior Planner Town of Estes Park Department of Community Development 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 Re: Land Use and Planning Services Dear Mr. Woeber and Selection Committee members: Ayres Associates is enthused to have the opportunity to respond to your Request for Qualifications for a planning consultant to assist your team as you shape the future of one of the Rocky Mountain region’s most renowned towns. The atmosphere and resort environment present challenges to planning and managing growth, and we look forward to providing you with flexible assistance that’s ready at a moment’s notice. The benefits of extending your team by contracting with a consultant can provide you with great flexibility and access to expertise that can supplement your staff’s skills. Our team of planners and engineers brings a wealth of experience to ensure that you’ll be ready to address any challenges that arise in the coming years. Ayres Associates’ team brings three key resources to the Estes Park Planning Staff – we’re seasoned, we’re deep, and we’re broad. Based off our research into the planning environment in the valley, we have a sense that you’ll need a consultant who understands how to work in the arena of local, small-town politics. Our planners have all experienced the ins and outs of local government and can provide you with professionals that appreciate the value of relationships. We’ve helped facilitate strategic planning with a focus on building relationships between different community organizations. Understanding diverse stakeholder motivations, our seasoned team knows that finding solutions is more important than identifying problems. We’re ready to bring our expertise to the table to help streamline your delivery of services while casting a positive reflection on the department we represent. Our depth of experience means you’ll be able to tap into planning knowledge that’s often tough to find in one firm. We understand that working in a small community means that “other duties as assigned” can crop up every day. Having cut our teeth in small cities and rural bergs, we’ve performed nearly every planning function from subdivision review to code enforcement and know what it’s like to be in the trenches of town hall. We’ve written and implemented comprehensive plans and development codes, with projects currently evolving in several communities. This active depth means that we can bring fresh perspectives to Estes Park, offering a wealth of expertise to the Department. We also bring understanding of the private sector, having worked with developers to achieve entitlements and manage complex redevelopment projects. Our experience serving as staff for the Windsor Downtown Development Authority demonstrates the Ayres team’s ability to integrate into an organization and provide seamless results. We’re successful when the people we serve don’t recognize that we’re not actually Town employees. Our role in Windsor is broad, from welcoming people to monthly “What’s Brewing Downtown” sessions to defending funding agreements before Town Council. We’re comfortable doing what’s needed to help make our relationship with the Town of Estes Park successful. Ultimately, you’re looking for an on-call consultant because your time and resources are maxed out. The last thing you need is to hire on someone that needs extensive hand-holding and management oversight. The Ayres team has the professional experience and leadership capabilities to jump into your system with minimal 3665 JFK Parkway, Building 2, Suite 100 ● Fort Collins, CO 80525-3152 970.223.5556 ● www.AyresAssociates.com 2Planning Services Town of Estes Park oversight needed. Our goal is to consistently deliver quality results so that you can focus on the business of growing a great community. With a team of three planners, we have the capacity to accept directives and complete them on short notice for the Town. This depth allows us to tailor our services to the complexity of your needs in meeting both your timeline and budget constraints. Matt Ashby will provide primary oversight of the work and is available to lead more complex projects, while Logan Ward and Barbara Kloth will serve to produce outstanding deliverables. Our diverse experience can help bridge the gap between the public and private sectors as we focus on helping you live up to your core values and provide service that reflects the Department’s Customer Bill of Rights. Although this response provides a glimpse into our experience and credentials, making good hiring decisions relies on a good personality fit. We look forward to meeting with you in person to share how we can complement your team in working with the people of Estes Park! Sincerely, Ayres Associates Inc Matt Ashby, AICP CUD Urban Planner Office: 970.797.3595 Cell: 307.286.5825 AshbyM@AyresAssociates.com 3Planning Services Town of Estes Park Technical Qualifications Project Understanding Ayres Associates is ready to join the planning team in Estes Park to provide a variety of services to help extend the depth and breadth of your staff capacity. Full-time employees are necessary to provide long- term consistency and direction to a community. However, staffing a diverse team of specialists who provide a deep knowledge based on broad topics can be cost prohibitive for a small community. We anticipate our team can help you: 1) Manage fluctuations in daily workload in a cost- and time-effective manner. Responding to the ups and downs of project volume with full time staff can be costly. Contracting can provide a way to pay additional staff only when utilized. The Ayres team can help provide you with a relief valve when workload is high, without burdening your budgets when times are slow. We can help serve as case managers for development projects to enable increased efficiency to satisfy your customers and elected officials. 2) Provide expert services, close at hand, when technical proficiency is needed. Our team can provide you with extensive experience in a wide spectrum of planning- related services ranging from long-range planning activities to economic development and engineering. Establishing a relationship with a firm like Ayres gives you instantaneous access to a pool of professionals who can help you tackle issues as they arise. We can help with long range plans, code amendments, topical research reports, and even training for appointed boards. Technical Qualifications & References The following pages offer a sampling of similar projects completed by our team. These projects highlight our technical qualifications within the context of our experiences. Based on our knowledge of the Town, we have selected several recent projects that illustrate our capabilities. The description provides an overview of the services we provided, but be sure to read the “Lessons Learned” section where we describe insights that translate directly to the anticipated work in Estes Park. We invite you to contact the references listed for firsthand accounts of our work. Windsor Downtown Development Client: Windsor Downtown Development Authority Reference: Patti Garcia, 970.674.2404 Ayres Associates was retained to provide contract staffing services to the Town of Windsor’s Downtown Development Authority (DDA). Services include directing the organization while pursuing strategic initiatives including assistance with tax increment financing, structuring project incentive packages, façade improvement grant administration, budgeting, and public relations. Key development projects include revitalization of the Windsor Mill and creating development strategies and incentives for available vacant parcels. Windsor’s DDA has joined the Colorado Main Street Program, and Ayres staff are assisting with managing program requirements and grant management for this effort. Specific tasks have included developing a strategic plan for the organization and project implementation with an 4Planning Services Town of Estes Park eye toward maximizing tax increment financing revenues for the district. Lessons Learned: The Windsor contract has helped us develop an appreciation and understanding of how to work with a community in an on-call relationship. We’ve worked to streamline our services to respond efficiently to requests and provide a heads-up to staff when a project might take a significant amount of time relative to the benefits derived. Cheyenne West Edge Project Client: City of Cheyenne Reference: Tom Mason, 307.627.6299 Ayres Associates helped the City of Cheyenne land a $1 million EPA Brownfield Grant to launch a neighborhood revitalization plan for this industrial mixed-use neighborhood looking for an identity. Combining environmental studies, flood control analysis, zoning adjustments, and economic development, this project is a great case study demonstrating how vision gets translated into development code. The planning process included two phases. The first – West Edge Blueprint – provided an overview of the management strategy and deeper investigations into stormwater and parks recommendations. The second – Area Wide Plan – provided an intensive look at how the planning recommendations from the Blueprint could be achieved through customizing zoning and development standards to accommodate infill and redevelopment. These included recommendations for specific administrative waivers that would enable predictable flexibility. Community outreach was a key component to the success of this neighborhood plan. Explaining the complex issues through the use of icons and imagery helped everyone, regardless of technical expertise, join the conversation, and contribute to the vision. The project compass was created to generate an elevator speech for the project to ensure consistent communication among project staff. How you communicate is just as important as what you communicate. Ayres is the team that can translate complex issues into accessible conversations for your stakeholders. Lessons Learned: Finding innovative solutions to development challenges is a common issue among communities. The West Edge Area Wide Plan provided our team a wealth of ideas for how we can streamline code processes to make good customer service easier to deliver. We’ll bring our experience in streamlining development review to help increase customer satisfaction in Estes Park. Cheyenne Unified Development Code Client: City of Cheyenne Reference: Brandon Cammarata (Former Planning Director), 307.220.0133 Through prior employment, Matt Ashby helped to initiate an overhaul of Cheyenne’s disjointed development regulations. The City of Cheyenne had recently completed an award-winning comprehensive plan. However, the City’s dated development regulations conflicted with many concepts in the plan, and the development process remained cumbersome and contentious as 5Planning Services Town of Estes Park development was regulated by three different codes – the zoning ordinance, subdivision standards, and street and site design standards often with differing or even conflicting regulatory approaches. The project philosophy was to “clarify, streamline, and improve” the City’s development regulations and processes. In conjunction with a consulting team, Ashby helped develop a code structure that blends many of the current regulations with new form- based techniques to implement the planning and urban design policies of PlanCheyenne. The Unified Development Code includes: • Consolidation and elimination of conflicts between Cheyenne’s existing development regulations • Explicit purpose and intent statements that tie the regulations directly to concepts in the plan • Integrating form-based and urban design standards into the City’s regulatory structure • A template form-based code that can accommodate planning, design, and development of new mixed-use activity centers and replace the current and cumbersome “planned district” process • Increased administrative flexibility, supported by specific design objectives and decision- making criteria • Streamlined development approvals with clear decision-making criteria • A user-friendly format, including the use of many tables and graphics. Lessons Learned: As a planner, starting from scratch with a code provided one of the most valuable teachable moments. Exploring the root purpose of each regulation led staff to a greater understanding and appreciation for code elements and enabled the team to more articulately explain the rationale behind the principle. We’re not just “plug and chug” planners who can regurgitate code in a staff report. We’ll bring a fundamental understanding of planning principles to help instill logic into to our staff reports and recommendations. Other Technical Capabilities Development Entitlements The Ayres team has been supporting private developers in their efforts to secure development entitlements, providing us with an understanding of how the private sector approaches municipal processes. With roots in local government, and perspective from private developers, we can provide a bridge to help improve staff service on your daily case load. Additionally, we can help long-term to identify ways to streamline your codes and processes as well. Private Sector Experience On the private side we’ve worked with developers, landowners, and schools to work through municipal approvals. A recent project was developing a new pad site for Mattress Firm; we assisted with a schematic site design, utility planning, and guidance on codes and requirements for the local jurisdiction. Our ongoing relationship with the school district has yielded opportunities to support facilitates planning and redevelopment. Another project coordinated site development and permitting for a large chain hotel in downtown Cheyenne. In addition to the standard application process, this project required special investigation of site conditions and structuring of agreements including grant-funding for a bridge connecting to an adjacent parking garage. Public Sector Experience Having walked in your shoes as local government staff, we believe this project fits our “sweet spot.” We appreciate the fine line between being too accommodating and being perceived as inflexible. Our previous municipal experience gives us the advantage of being able to understand applicant motivations, address unique project elements, and seek resolutions while ensuring local regulatory codes are addressed properly. Each member of our team is skilled at translating “intent” statements into modified standards, with the goal of removing impediments to economic development. We pride ourselves on our ability to come up with tactile solutions and apply agile, creative regulatory 6Planning Services Town of Estes Park changes that employ the right level of project flexibility to help accelerate a variety of projects. Through prior employment, our team helped shepherd the following projects through the development review process: Cheyenne Walmart Supercenter Walmart initiated the review process by submitting their base store model. During the review process we were able to work with the applicant to integrate a number of custom design elements to elevate the quality of the project. 21-Max Infill Townhouse Project This residential project required a few work-arounds to remove barriers to infill development and expedite the process. A full suite of tools and regulatory flex options was used to achieve a building design that contributed to the overall quality of the neighborhood. Additionally, the project was given credit for on-street parking to avoid the onerous variance process. 3D Visual Animations Sometime seeing is believing. Our team has extensive capabilities to produce 3D animated videos to help explain complex development and visioning projects. This innovative approach has helped to generate support for redevelopment projects and jump start financial investment. We have used this technology in support of our many EPA Brownfield Grant public engagement processes. Check out our latest video at https://youtu. be/OJoIy9G8xdU 7Planning Services Town of Estes Park Key Staff Ayres Associates’ staff members approach each project knowing the services we provide bring noticeable improvements for the communities for which we work and improve lives in the process. Through years of successful projects, we know that assigning qualified staff to your project and providing good communication are vital for maintaining trust and confidence. Ayres Associates will provide an experienced team to the Town of Estes Park for your planning project. Our team has successfully completed many similar projects throughout the country and will work with you to complete your project efficiently. Brief resumes for our key team members are provided on the following pages. 8Planning Services Town of Estes Park Total Experience 16 Years Certifications American Institute of Certified Planners Certified Urban Designer, APA – License No. 019074 Education MS, Urban Design, University of Colorado, 2001 MS, Urban and Regional Planning, University of Colorado, 2001 BS, Environmental Design, University of Colorado, 1999 Matt joined our team in 2015, bringing urban planning expertise to complement Ayres Associates’ engineering, architectural, geospatial, and environmental services. Based in our Cheyenne, Wyoming, office, Matt provides planning services on projects nationwide. Matt served for seven years as the City of Cheyenne’s planning director and brings 16 years of planning experience. His enthusiasm for vibrant community development sharpens the focus of Ayres’ work on downtown redevelopment, comprehensive planning, and development code administration. Matt’s eye for innovation has been recognized by his peers, with project accolades including the American Planning Association’s Daniel Burnham Award for the Cheyenne Metropolitan Planning Organization’s PlanCheyenne. Matt has extensive implementation experience, successfully translating principles from the comprehensive plan into a Unified Development Code for Cheyenne. Matt also serves as the executive director for the Windsor Downtown Development Authority. Functioning as staff for the organization, his executive leadership skills have helped the DDA cultivate nearly $40 million of redevelopment projects anticipated to break ground in 2018. Educated at the University of Colorado, Matt holds dual master’s degrees in urban design and urban and regional planning, as well as planning and urban design certifications from the American Institute of Certified Planners. No stranger to public service, Matt values volunteerism, serving on the Wyoming Main Street Advisory Board and The Western Planner. Related Projects Windsor Downtown Development: Executive director. In addition to day-to-day management of the organization, Ayres provides on-call services that include directing and managing Downtown Development Authority while pursuing strategic initiatives including creation of development strategies and incentives for vacant parcels, facilitating financial incentive packages and negotiations with developers, and helping to manage facade improvement program. Brighton Code Update: Ayres team leader. Project includes providing public engagement assistance and local knowledge of development conditions. Ayres is teaming with Gould-Evans to overhaul this growing metro Denver community’s code to match its ambitious vision. Key elements of the strategy include developing effective communications strategies to engage with residents while identifying innovative solutions to minimize the use of planned unit developments. Durango Code Update: Project manager. Project involves evaluating redevelopment and infill opportunities in Durango, Colorado, along primary highway corridor adjacent to downtown district. Our team’s previous code experience and innovative approach to zoning and Matt Ashby, AICP CUD Urban Planner 9Planning Services Town of Estes Park development provided ideal blend of vision with practical strategies to create effective implementation strategies for municipal staff. West Edge-Cheyenne Steam Plant Preliminary Site Development: Urban planner. Project involves preliminary structural and architectural services, environmental due diligence, preliminary site development, and support for zone change request for existing steam plant building at Reed Avenue and 17th Street in West Edge District in Cheyenne, Wyoming. Building is proposed to be renovated as part of redevelopment district. Main Street Best Practices Manual and Downtown Strategic Planning: Responsible for project management. Project involved developing short informational tips on managing volunteer Main Street Boards and working directly with communities to facilitate workshops that help develop strategic plans for creating vibrant downtowns. Ayres provided video clips that can be distributed through social media and, as part of PowerPoint template, to help in training new board members and assisting new communities as they establish programs. Working with Lamar, Buena Vista, and Meeker, Ayres staff have held multiple workshops focused on developing action steps to help direct and focus activity over coming years. Princeton Branding Strategy: Responsible for project management. Project involves developing branding strategy for downtown Princeton, West Virginia, to help community overcome negative impressions that don’t reflect positive changes that are happening. Strategy includes immersion workshop that will inform “community character report” upon which brand identity is established. From this character, logo and marketing recommendations are produced, guiding communications strategies to elevate overall marketing appeal of district. 10Planning Services Town of Estes Park Barbara Kloth, AICP Planner Total Experience 6 Years Certifications American Institute of Certified Planners, AICP – Certification No. 27901, 2015 Education BS, Community and Regional Planning, Iowa State University, 2010 Memberships American Institute of Certified Planners American Planning Association Barbara has served as a planner from the neighborhood level all the way up to the regional scale, most recently as a senior planner in the Laramie County, Wyoming, Planning Department. Her experience working in county government enables her to appreciate the perspectives of rural stakeholders and commissioners. Barbara was responsible for drafting staff reports for development requests including zone changes, subdivision plats, and special use permits. In addition to providing continual oversight leading to the completion of the Laramie County Comprehensive Plan in-house, her insights also provided the basis for recommended code adjustments. During this time, Barbara developed a passion for working with clients to identify creative solutions to development challenges. Barbara’s knowledge base includes rural communities, urban- rural interfaces, downtown redevelopment, site planning, and master planning. Public engagement is where Barbara particularly distinguishes herself. Her community connection and commitment extend to her volunteer work, including the Greater Cheyenne Greenway Foundation and the Cheyenne Downtown Development Authority. Related Projects Kersey Code Audit: Planner. Kersey is a small town poised for long- term growth. The Town requested assistance from Ayres in assessing its development standards and infrastructure assets to be ready to prudently review new development requests and efficiently operate existing Town infrastructure. Ayres’ on-call services have included providing code audit to help community understand what it will take to modernize its cumbersome hodgepodge of regulations into process streamlined to welcome growth. Team has provided insights that are a good fit for an agricultural community that is stretching its comfort zone to accommodate increasingly urban future without compromising its rural roots. Municipal engineering team is also helping to assess existing infrastructure, developing capital improvement plan, and reviewing policies to ensure Kersey can accommodate positive growth well into the future. Windsor Downtown Development: Planner. Duties include helping manage Downtown Development Authority (DDA) while juggling strategic initiatives including restoration of historic mill and facilitating development of vacant parcels. Barbara’s Main Street experience has helped to implement Block Captain Program to communicate with local property owners while also bolstering DDA’s social media outreach. Her experience with design has enabled her to help manage Façade Improvement Program, and her experience with daily DDA operations provides clients with unique solutions tailored to their needs. 11Planning Services Town of Estes Park Pine Bluffs, WY, Community Outreach: Planner. Project involves community outreach for Town’s planning efforts, including creation of a vision statement for meetings in which community character, planning, and site development scenarios will be discussed. Brighton Land Use Development Code Update: Planner. Project involves updating codes in ways that will assist City of Brighton in implementing key initiatives in its Be Brighton Plan, including welcoming growth in population and employment and working toward being full-service community that respects its agricultural roots. Ayres’ role as local subconsultant to GouldEvans is to deliver local knowledge, rapport with local staff, and energetic public engagement. Ayres is responsible for conducting outreach, including leading public hearing and study session presentations, leading Metro Innovation tour of area developments, and spearheading tactical urbanism workshop. Our team will also review deliverables, provide meaningful assessment, and assist as needed with municipal engineering expertise. Meeker Downtown Planning: Assisted with creating and deploying community engagement prior to a strategic planning workshop to assess community sentiment toward critical issues. Also developed an informational brochure summarizing goals for the organization in additional to assisting with completion of the strategic plan document. Project involved working with fledgling Colorado Main Street Program in Meeker to develop strategic plan for downtown area known as Main and Market Streets being promoted as trailhead district with places to stay, eat, buy provisions, and get advice while enjoying Meeker and natural resources that surround it. Our team created brochure to tell story of Meeker Main and Market Trailhead and area’s historic and outdoor assets. 12Planning Services Town of Estes Park Logan Ward, AICP Planner Total Experience 6 Years Certifications American Institute of Certified Planners Education MS, Community and Regional Planning, University of New Mexico, 2011 BA, Human Services, Western Washington University, 2008 Memberships American Institute of Certified Planners Logan joined the planning staff in Ayres Associates’ development services division in January 2018, bringing six years of municipal planning experience to the team. Logan’s background includes extensive work in current development, as well as neighborhood planning and revitalization projects. Her experience includes grant administration, brownfields revolving loan fund implementation, and zoning code reviews and amendments. She worked to streamline site plan and development approval processes. Logan served as a case planner for variance and conditional use requests, annexations, and site plans. She enforced design regulations and applied flexibility when necessary to encourage adaptive reuse of existing structures. During her tenure in current planning, Logan learned to appreciate how communication can help to diffuse tense situations. Her ability to explain the logic behind regulations helps in generating productive solutions that satisfy the intent of the code. In previous employment, Logan advanced and oversaw efforts to clarify, streamline, and improve (CSI) the regulatory environment to provide expedited services to customers and improve the development entitlement process. Key accomplishments include: • Initiated departmental “Annual Report” for site plan review to measure performance and approval timelines, helping to identify areas of delay to improve efficiency. • Managed the department’s annual review of the Unified Development Code to address any formal issues or concerns regarding the code and provide an opportunity to review the code in a comprehensive manner. • Processed code amendment requests and developed recommendations on how to better translate design principles and community objectives into a modified zoning standard. Project experience from previous employment includes: West Edge Project, Cheyenne, WY: Managed and monitored all phases of grant-funded projects, including preparation of all work plans, grant agreements, and quarterly progress reports for multipronged initiative to encourage new investment in underused light industrial area near City’s core. West Edge Areawide Plan, Cheyenne, WY: Managed development of comprehensive plan for assessment, cleanup, and reuse of brownfield properties and promotion of revitalization by incorporating surface water drainage features with improved streetscapes, downtown park spaces, and mixed-use infill development. 13Planning Services Town of Estes Park References The quality of our services is demonstrated by the extent of repeat business we enjoy from our clients; we believe this is a true reflection of our clients’ satisfaction toward our overall performance. Approximately 88% of our 2016 revenues were from clients we had served within the previous five years. Our experience has shown us that close and open communication with our clients is the foundation for a successful working relationship. We place a high priority on understanding our clients’ needs, openly addressing issues, involving clients in decision-making, and resolving project concerns. In every project we undertake, our goal is always client satisfaction. We invite you to contact the references listed below for a firsthand account of our work. Windsor Downtown Development Client: Windsor Downtown Development Authority Reference: Patti Garcia, 970.674.2404 Cheyenne West Edge Project Client: City of Cheyenne Reference: Tom Mason, 307.627.6299 Cheyenne Unified Development Code Client: City of Cheyenne Reference: Brandon Cammarata (Former Planning Director), 307.220.0133 (Please refer to the project descriptions for these projects on Pages 3 and 4 to learn more about the role our team provided). 14Planning Services Town of Estes Park Compensation Ayres Associates is comfortable working as on-call staff as demonstrated by other similar arrangements we currently have in place. To help facilitate cost-efficient delivery of services, we’ve assigned three primary planners to assist in work for Estes Park. Additionally, should the need arise for engineering services, we can also provide more technical assistance at a moment’s notice. Staff Fee Schedule: Urban Planner – $145/hour Planner – $97/hour Engineer – $130-$160/hour Administrative – $75/hour Expenses: We understand that team members may be called upon to present at study sessions, meetings, and hearings before the Planning Commission, Board of Trustees, and Board of Commissioners. Our team will be billing out of our Fort Collins office. Mileage will be charged at the current federal rate (currently $.54/mile) and lodging/ incidentals only with prior approval from the client for extended meetings or events stretching late into the night. Typical mileage charge at the current rate would total approximately $60.00 per trip. To help increase efficiency, our offices are equipped with video-conferencing equipment that can be used to streamline our interaction with the Estes Park staff. We appreciate that hourly work requires efficiency to complete the job in a timely manner. Having worked under this type of arrangement, we are sticklers for completing tasks quickly while delivering exceptional quality. 15Planning Services Town of Estes Park Insurance Documentation ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 02/20/2018 (800) 776-7055 (877) 254-8586 13056 Ayres Associates Inc 3433 Oakwood Hills PkwyEau Claire, WI 54701 A Professional Liab RDP0029291 06/30/2017 Each Claim 5,000,000 A Professional Liab RDP0029291 06/30/2017 06/30/2018 Aggregate 10,000,000 Town of Estes Park Department of Community Development 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 AYREASS-01 MNOWAK Johnson Insurance Madison525 Junction RoadMadison, WI 53717 info@johnsonins.com RLI Insurance Company 06/30/2018 14PlanningServices Town of Estes Park C.-Compensation-2022 Ayres Associates is comfortable working as on-call staff as demonstrated by other similar arrangements we currently have in place. To help facilitate cost-efficient delivery of services, we’ve assigned three primary planners to assist in work for Estes Park. Additionally, should the need arise for engineering services, we can also provide more technical assistance at a moment’s notice. Staff Fee Schedule: Senior Urban Planner – $165-$185/hour Planner – $108-$130/hour Landscape Architect/Engineer – $100-$175/hour Administrative – $75/hour Expenses: We understand that team members may be called upon to present at study sessions, meetings, and hearings before the Planning Commission, Board of Trustees, and Board of Commissioners. Our team will be billing out of our Fort Collins office. Mileage will be charged at the current federal rate (currently $.57/mile) and lodging/ incidentals only with prior approval from the client for extended meetings or events stretching late into the night. Typical mileage charge at the current rate would total approximately $65.00 per trip. To help increase efficiency, our offices are equipped with video-conferencing equipment that can be used to streamline our interaction with the Estes Park staff. We appreciate that hourly work requires efficiency to complete the job in a timely manner. Having worked under this type of arrangement, we are sticklers for completing tasks quickly while delivering exceptional quality. ATTACHMENT 6 Page 49 TOWN BOARD MEETING February 8, 2022 Report and Discussion Item 1 CONGRESSIONAL REPRESENTATIVE UPDATE. No packet material has been provided for this item. Page 51       What is the EDC? Mission Programs To plan for and promote the economic development of the Estes Valley in ways that are compatible with qualities that make Estes Park a unique mountain community, while building a stronger and more broadly-based economy and tax base. Entrepreneur Center Workforce Housing Workforce Development ppp RECEIVED BY 2022-02-08 NOON What is Economic Development? Anything a community does to foster and create a healthy economy can fall under the auspice of economic development. There are only three approaches used to enhance local economic development as they relate directly to businesses. They are: Economic Development also involves working on issues that directly affect the ability of businesses to operate. This is why we are also involved in: Workforce Housing & Workforce Development Business Retention Business Expansion Business Creation Keeping successful businesses in the Estes Valley Helping businesses grow revenues and jobs Encouraging/supporting the growth of new businesses What you know us for: Flood Recovery • Delivered more than $2.5M in Recover Colorado Grant relief funds to Estes Park businesses in partnership with Governor Hickenlooper’s office and CO OEDIT Broadband • Internet connectivity to the Estes Valley was disrupted as a result of the devastating flood of 2013 and the EDC took immediate action, creating stakeholder and community action committees and its own Competitive Broadband Committee while securing grant funding for a Broadband Needs Assessment. The resulting report allowed the Town of Estes Park to hold a special election which overturned a state statute that did not allow municipalities to offer broadband as a utility service. After securing funding, the Town of Estes Park created Trailblazer Broadband, which is providing reliable broadband at the fastest rates and lowest cost in the United States. Partnership with Estes Park High School BAM Program • Class participation & Winter Fundraiser BASE Program • 9 businesses have completed the program – 16 in current cohort Awards & Grants 2021- 2024 Economic Development Administration (EDA) Federal Grant Award for our Business Accelerator Services of Estes (BASE) program •$465,000 2021 Colorado Office of Economic Development and International Trade (CO OEDIT) Grant Award for the Entrepreneurial Center •$50,000 2017 Economic Development Achievement Award (EDIE) Small Community of the Year Award 2016 Department of Local Affairs (DOLA) Grant Award for Estes Valley Strategic Planning •$40,000 2014 Department of Local Affairs (DOLA) Grant Award for Broadband Needs Assessment •$30,000 $585,000 brought into the Estes Valley since 2014 Workforce Housing Commissioned Workforce Housing Needs Assessment (2016) •1600 additional housing units needed Worked with Town for code changes allowing increased height/density for workforce housing 70 new workforce housing units added since 2016 Code changes allowing amortization of tap fees as a developer incentive (2021) Expansion of ADU zoning throughout Estes Park Through our Workforce Housing Committee, we continue to work with local, county, and state agencies, as well as national stakeholders and developers to bring much needed housing to the Estes Valley. Workforce Housing – What’s Next The Town of Estes Park is working with America West to provide 190 units on Fish Hatchery Road Four Points Funding is planning for The Prospector, a 94 unit development with childcare onsite on Highway 7 Castle Ridge (off Fall River) could provide 32 units Recent height increases in the downtown corridor allows for additional units Recent increased zoning for Accessory Dwelling Units (ADU’s) allows for additional units Workforce Development – What’s Coming Partnership with Center for Rural Innovation - they fund and host technology training and workforce development programming Soft Goods Manufacturing Program in partnership with Colorado Mountain College Aspen focused on upskilling our youth and reskilling our adult workforce Continued work with the Larimer County Economic & Workforce Development Office to provide “Estes Centric” programming If you have training needs, we can help! Entrepreneur Center Overview We build the entrepreneurial ecosystem by educating and connecting businesses with knowledge, support, and community so we create a fully inclusive, economically diverse, self-sustaining economy in the Estes Valley. Our mission is to make the Estes Valley the premier mountain community in the USA to start or grow your business. Entrepreneur Center Programs TThe Entrepreneur Center is built around the principle that 73% of new jobs come from small businesses. We help people star t and grow their businesses from the ground up. We currently have three main products with two more exciting offerings coming in 2022. Every $1 spent by the Entrepreneur Center returns $7 to the Estes Valley Community 2020-2021 Work Impact 143 businesses engaged 5 companies graduated from BASE, 16 enrolled 15+ partnerships with resource providers in NoCO $203k in grant spending 4 new companies started 7 new jobs created $200k new salary dollars $1.4M increase in new capital investment and wages Top-down approach to supporting entrepreneurialism with local, regional, and state partners. POLICY CULTURE A shift to an acceptance of entrepreneurialism and channel to share those stories. WORKFORCE Available skilled and determined workforce. FINANCE Access to traditional and alternative funding sources. Investment opportunities and investor introductions. SUPPORTS Access to world class education and skilled trainings. Mentors and community leaders. Meet-up groups and pitch competitions. ENTREPRENEUR Knowledge CapitalPeople Resources MARKETS Access to market research, validators and proof of concept options. Entrepreneurial Ecosystem BASE Program Overview The Business Accelerator Services of Estes Program is a free, 6- month intensive dive into building and growing your business. The program helps business leaders in three core areas: Leadership Operations Innovation • Self Assessment & Awareness • Purpose & Meaning • Roles & Responsibilities • Strategic Planning • Business Model Canvas • Customer Discovery & Validation • Value Propositions • Marketing • People • Financials • Growth Strategies • New Revenue Streams • Projection Models • Capital BASE Program Participants Why the BEAR Program? EEncourages expansion, new revenue oppor tunities, and new job creation Help businesses become aware of and access local resources Build community capacity to sustain grow th All decisions begin with DATA. The BEAR surveys provide data to us that: This allows the EDC and others to tailor support to businesses that: Identify oppor tunities and threats across industry segments Create an early warning system for potential economic threats and downturns Identify capital needs Much more! What has your employment done in 2021 vs 2020? *surveys still in progress Increased Stabilized 28% 52% Decreased 20% Data from the BEAR surveys help the EDC, Town, and other organizations make decisions Adam Shake – President & CEO Thomas Cox – Entrepreneur Center Manager Samantha Dolat – Operations Manager Jana Sanchez – BASE Program Manager EDC Team Board Of Directors * Not all Board Members are with organizations How to get involved – Entrepreneur Center BEAR Inter view Par tnerships / Mentorship Participate in our BEAR interviews and make sure your company is represented in the data used to make decisions Quarterly short questionnaire – 6 questions in 5 minutes Looking for partners for our programming Building a mentorship program and we need people with deep experience in: •Finance / Accounting •IT Strategy / Ecommerce •Supply Chain Applications Open 3/31 BASE Business Book Club Join the 2022-2023 Cohort! Look for the new Business Creation Incubator (BCI) in August Meet every 2nd and 4th Tuesday of the month - Noon Reading the book isn’t required! How to get involved - BASE Caffeinate & Collaborate Meetup Meet every 1st Tuesday of every month – 8am Invest Join the Board or a Commit tee Sustaining Supporters BASE Sponsorship BEAR Sponsorship Fund a Workshop Invest at the Board Member level Join one of our committees: •Ecosystem Development •Workforce Housing How to get involved – EDC Where to find us: NNewslet ter –Sign up at estesparkedc.com Corporate Office –Bank of Colorado Lower Level Entrepreneur Center –Ver t CoWorking info@estesparkedc.com PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date: February 8, 2022 RE: Resolution 15-22 Thumb Open Space Management Plan (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Adopt the Thumb Open Space Management Plan. Present Situation: Following the Town Board Study Session on January 25, 2022, staff added content for private guide services and operations monitoring as requested by the Town Board to finalize the Management Plan. Proposal: Parks staff is seeking adoption of the Thumb OS Management Plan by the Town Board. Advantages: •The Town Board adoption of this Plan will allow Parks staff to prepare the open space for public recreation, wildlife viewing, and outdoor education. •The Thumb OS Management Plan will provide direction to Parks staff for the ongoing management of the property. Disadvantages: •The management of the Thumb OS requires additional work for the Parks Division with no additional staff funded for 2022; however, staff are committed to this project and will utilize community volunteers and phase the required work as necessary to complete it with available resources. Page 55 Action Recommended: Staff respectfully requests the Board to adopt the Thumb Open Space Management Plan. Finance/Resource Impact: Park Improvements 220-4600-462.35-61. Many of the ideas presented by the public will require funding support. Signage and parking lot improvements were previously budgeted in 2021 and will be carried over to 2022. Additional funding may be requested in future annual budgeting processes. Level of Public Interest The interest in the Management Plan is high among those who plan to recreate on, and those who live adjacent to, this open space. Sample Motion: I move to approve/deny Resolution 15-22. Attachments: 1.Resolution 15-22 2.Thumb Open Space Management Plan LINK a.Conservation Easement LINK b.Baseline Biological Report LINK c.Environmental Site Assessment LINK d.Minerals Report LINK e.Baseline Documentation LINK f.Rock Fall Study LINK Page 56 RESOLUTION 15-22 ADOPTING THE THUMB OPEN SPACE MANAGEMENT PLAN WHEREAS, the Town Board desires to adopt the Thumb Open Space Management Plan for purpose of conserving and preserving this land for recreational use, outdoor education and the enjoyment of nature and wildlife. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board hereby adopts the plan referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 57 Page 1 THUMB OPEN SPACE AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT NOTICE: THE P ROPERTY DESCRIBED HEREIN HAS BEEN ACQUIRED IN PART WITH GRANT #20044 FROM T H E STATE BOARD OF THE GREAT OUT DOORS COLORADO TRUST FUND (H EREINAFTER R EFERRED TO AS THE “GOCO BOARD”). THIS AMENDED AND RESTA TED DEED OF CONSERVATION EASEMENT CONTAINS RESTRICTIONS ON THE USE AND D EV ELO PMENT OF THE PROPERTY WHICH ARE INTENDED TO PROTECT ITS OPEN SPACE AND OTHER CONSERVATION VALUES. THE GOCO BOARD HAS FOUND THA T THIS A MENDED AND REST A TED DEED OF CONSERVATION EASMEENT PROVIDES BENEFITS THAT ARE IN THE PUBLIC INTEREST. This AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT is entered into this day of , 2021 by and between the TOWN OF ESTES PARK, a municipal corporation under the laws of the State of Colorado, (hereinafter referred to as "the Town") and the ESTES VALLEY LAND TRUST, a Colorado nonprofit corporation (hereinafter referred to as "the Land Trust"). RECITALS: A. The Town is the sole owner in fee simple of five (5) parcels of real property located in Larimer County, Colorado each of which was acquired by the Town effective as of the date of this Amended and Restated Deed of Conservation Easement. The five parcels, when taken together as a group, consist of approximately 65.82 acres as depicted on Exhibit A and are hereinafter collectively referred to as the “Property.” I. Parcel I consists of approximately 14.43 acres and is described as: 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, located in the SE ¼ of Section 36, Township 5 North, Range 73 west of the 6th P.M. County of Larimer, State of Colorado, a P.U.D recorded March 2, 1982 in Book 2156 at Page 1463. Parcel I is also identified in the records of the Larimer County Assessor as Parcel Number 3536408003. Parcel I is subject to the terms of a Deed of Conservation Easement dated January 18, 2013 by and between Prospect Mountain Townhome Association, Inc. a Colorado nonprofit corporation, as the Grantor and the Land Trust as the Grantee recorded in the records of the Larimer County Clerk and Recorder at Reception# 20130005166 on January 18, 2013 (hereinafter referred to by the Land Trust as Conservation Easement #162--Prospect Mountain). Page 2 II. Parcel II consists of approximately 4.11 acres and is described as: OUTLOT A, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect Estates Addition to the Town of Estes Park, located in the SE ¼ of Section 36, Township 5 North, Range 73 west of the 6th P.M. County of Larimer, State of Colorado, as described and depicted on the above referenced plat, recorded February 24, 1998 at Reception Number 98013581. Parcel II is also identified in the records of the Larimer County Assessor as Parcel Number 3536426001. Parcel II (together with Parcel III below) is subject to the terms of a Deed of Conservation Easement dated October 7, 2009 by and between Central Administrators, Inc., a Nebraska corporation, as the Grantor and the Land Trust as the Grantee recorded in the records of the Larimer County Clerk and Recorder at Reception# 20090069498 on October 13, 2009 (hereinafter referred to by the Land Trust as Conservation Easement #152—Central Administrators-Deed 1); III. Parcel III consists of approximately 2.22 acres and is described as: OUTLOT B, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect Estates Addition to the Town of Estes Park, located in the SE ¼ of Section 36, Township 5 North, Range 73 west of the 6th P.M. Larimer County, Colorado, as described and depicted on the above referenced plat, recorded February 24, 1998 at Reception Number 98013581. Parcel III is also identified in the records of the Larimer County Assessor as Parcel Number 3536426002. Parcel III (together with Parcel II above) is subject to the terms of a Deed of Conservation Easement dated October 7, 2009 by and between Central Administrators, Inc., a Nebraska corporation, as the Grantor and the Land Trust as the Grantee recorded in the records of the Larimer County Clerk and Recorder at Reception# 20090069498 on October 13, 2009 (hereinafter referred to by the Land Trust as Conservation Easement #152—Central Administrators-Deed 1); IV. Parcel IV consists of approximately 12.08 acres and is described as: OUTLOT C, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect Estates Addition to the Town of Estes Park, located in the SE ¼ of Section 36, Township 5 North, Range 73 west of the 6th P.M. Larimer County, Colorado, as described and depicted on the above referenced plat, recorded February 24, 1998 at Reception Number 98013581. Parcel IV is also identified in the records of the Larimer County Assessor as Parcel Number 3536427003. Page 3 Parcel IV is subject to the terms of a Deed of Conservation Easement dated October 7, 2009 by and between Central Administrators, Inc., a Nebraska corporation, as the Grantor and the Land Trust as the Grantee recorded in the records of the Larimer County Clerk and Recorder at Reception# 20090069499 on October 13, 2009 (hereinafter referred to by the Land Trust as Conservation Easement #152—Central Administrators-Deed 2); and V. Parcel V consists of approximately 32.98 acres and is described as: LOT 13, PROSPECT HIGHLANDS SUBDIVISION a portion of Tract A, Prospect Estates Addition to the Town of Estes Park, located in the SE ¼ of Section 36, Township 5 North, Range 73 west of the 6th P.M. Larimer County, Colorado, as described and depicted on the above referenced plat recorded February 24, 1998 under Reception Number 98013581. Less and except a strip of land granted to the United State of America located in the Northwest Quarter of the Southeast (NW1/4SE1/4) of Section 36, Township 5 North, Range 73 West, 6th Principal Meridian, said strip being 25 feet in width and further described in Book 842 Page 97, under Reception Number 588327. Parcel V is also identified in the records of the Larimer County Assessor as Parcel Number 3536425013. Parcel V is subject to the terms of a Deed of Conservation Easement dated June 12, 2003 by and between Insurance Administrators, Inc., a Nebraska corporation, as the Grantor and the Land Trust as the Grantee recorded in the records of the Larimer County Clerk and Recorder at Reception #2003-0075086 on June 19, 2003 as amended by an Amendment dated October 30, 2003 recorded in the records of the Larimer County Clerk and Recorder at Reception #2003-0139334 on November 3, 2003 (hereinafter collectively referred to by the Land Trust as Conservation Easement #86—Insurance Administrators); B. With respect to each of the five parcels that comprise the Property, the Land Trust is the sole holder of the rights conveyed to the “Grantee” under each of the Deeds of Conservation Easements referred to above (collectively “the Pre-Existing Conservation Easement documents”). C. Ownership of Parcel V was transferred to Prospect Mountain LLC pursuant to a Quitclaim Deed dated June 12, 2020 recorded in the records of the Larimer County Clerk and Recorder on June 27, 2020. Ownership of Parcel II, Parcel III and Parcel IV were transferred to Prospect Mountain LLC pursuant to Quitclaim Deeds dated June 15, 2020 recorded in the records of the Larimer County Clerk and Recorder on June 27, 2020. Ownership of Parcel I was transferred to Prospect Mountain LLC pursuant to a Quitclaim Deed dated May 19, 2020 recorded in the records of the Larimer County Clerk and Recorder on May 27, 2020. As a result of the foregoing, Prospect Mountain LLC was the sole owner of all five of the parcels that comprise the Property prior to the sale of the Property by Page 4 Prospect Mountain LLC to the Town. D. The Land Trust is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); has been classified as a publicly supported charity under Sections 509(a)(1) and 170(b)(1)(a)(vi) of the Code; is an eligible recipient of conservation easements under Colorado Revised Statutes §38-30.5-104(2), et seq.; and has as its primary purpose the preservation and conservation of natural areas for scenic, open space, aesthetic and ecological purposes and for public use and enjoyment. E. The Pre-Existing Conservation Easement documents each contain provisions allowing for the amendment of those documents under certain conditions (Section 16 of the Insurance Administrators Conservation Easement with respect to Parcel I, Section 17 of the Central Administrators Conservation Easement with respect to Parcels II, III and IV and Section 18 with of the Prospect Mountain Conservation Easement with respect to Parcel V). With respect to each of the Pre-Existing Conservation Easement documents, the Board of Directors of the Land Trust has reviewed the Pre-Existing Conservation Easement documents and the Property and determined that amendment of the terms of the Pre- Existing Conservation Easement documents as made by this Amended and Restated Deed of Conservation Easement: i. is appropriate in that the amendments will: a) have a significant net beneficial effect on the existing conservation values of preserving the views of the open space and wildlife habitat through the elimination of the landowner’s reserved right to construct a “Dwelling Unit” including a single- family residence and accessory structures and improvements such as a garage, guesthouse and barn within a two (2) acre development envelope together with a driveway and utilities to service such development which, if constructed, would be highly visible from Colorado Highway 7 (the Peak-to-Peak Scenic Byway) and Marys Lake Road; b) improve the stewardship of the Property and the Land Trust’s ability to protect the conservation values of the Pre-Existing Conservation Easements through ownership of the Property by the Town with whom the Land Trust has had a long standing relationship with respect to which several properties owned by the Town where the properties are subject to conservation easements held by the Land Trust; and c) better enable the general public to enjoy and appreciate the Property through access to outdoor recreation and educational activities on the Property conducted in accordance with a Management Plan to be prepared by the Town and approved by the Land Trust (as provided in Section 5 below); ii. will not adversely affect the status of the conservation easements created by the Pre-Existing Conservation Easement documents as “qualified conservation easements”; iii. will not adversely affect the status of the Land Trust as an organization eligible to hold conservation easements under all application laws, including Colorado Revised Statutes §38-30.5-101, et seq., and Section 170(h) of the Internal Revenue Code of 1986; iv. is consistent with the purposes of the Pre-Existing Conservation Page 5 Easement documents; and v. will not affect the perpetual duration of the conservation easements created by the Pre-Existing Conservation Easement documents. Based upon its review and such determinations, the Board of Directors of the Land Trust has determined that entering into this Amended and Restated Conservation Easement is in the best interests of the Land Trust and furthers the Land Trust’s mission and charitable purposes. F. The Town’s willingness to purchase the Property was subject to and required that the Land Trust agree to amend and restate the Pre-Existing Conservation Easement documents in the manner set forth in this Amended and Restated Deed of Conservation Easement. G. The willingness of the GOCO Board to provide the Town with a grant of funds with which the Town could purchase the Property was subject to and required that the Land Trust agree to amend and restate the Pre-Existing Conservation Easement documents in the manner set forth in this Amended and Restated Deed of Conservation Easement. H. The Property possesses significant open space, scenic, wildlife habitat and other aesthetic, ecological, educational and recreational values (collectively, “the Conservation Values”) of great importance to the Town and its people, the people of Larimer County and the people of the State of Colorado. In particular, the Property contains the following characteristics, which are also included in the definition of Conservation Values the preservation and public enjoyment of which provides significant public benefit: i. Scenic Enjoyment. a. The Property is a beautiful open ponderosa pine forest with large granite rock outcrops and contains a public trail where wildlife viewing and scenic views are enjoyed by the public; and b. The Property is highly visible from US Highway 36, Colorado Highway 7 (the Peak-to-Peak Scenic Byway), and Marys Lake Road, each significant gateways for public access into the Estes Valley and Rocky Mountain National Park. ii. Wildlife Habitat. The Property contains four primary plant communities including ponderosa pine woodlands, montane shrublands and grasslands and rock outcrops, all in good and fairly undisturbed condition. This mosaic of natural communities provides preferred habitat for many small mammals, breeding habitat for migratory and resident songbirds, foraging habitat for deer and elk, potential nest sites for cavity nesting birds and overall habitat and migration corridors for a broad range of wildlife species including Abert’s squirrel, black bear, boreal toad, bull snake, elk, mountain lion, mule deer, plains garter snake, prairie lizard, plateau fence lizard, terrestrial garter snake and turkey; iii. Outdoor Recreation and Education. a. The Property contains a long used platted public trail providing scenic overlooks and connectivity to an existing trail, historically used by the public, that crosses private property and ends near the summit Page 6 of Prospect Mountain; b. The Property contains the Thumb and Needle, two prominent rock features with a long history of public technical rock-climbing as well as bouldering; and c. The Property has been used historically by the public for educational purposes, such as climbing instruction and is close to town, schools and other educational facilities that can provide outdoor environmental, geological and wildlife education. I. Colorado Revised Statutes §33-1-101, et seq., provides in relevant part that "it is the declared policy of the State of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors." Colorado Revised Statutes §38-30.5-101, et seq., provides for the establishment of conservation easements to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, or other use or condition consistent with the protection of open land having wholesome environmental quality or life- sustaining ecological diversity." J. The Conservation Values are further documented in a recently prepared written description of relevant features of the Property signed by the Town and the Land Trust, on file in the offices of Land Trust and incorporated into this Amended and Restated Deed of Conservation Easement by this reference (the "Baseline Documentation"). The Baseline Documentation consists of reports, maps, photographs and other documentation that the Town and the Land Trust agree provide, collectively, an accurate representation of the Property at the time of its purchase by the Town and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this Amended and Restated Deed of Conservation Easement. NOW, THEREFORE, in consideration of the premises contained in the above Recitals and of the mutual covenants, terms and conditions herein contained, and pursuant to the laws of the State of Colorado and, in particular, Colorado Revised Statutes §38-30.5-101, et seq., the Town and the Land Trust hereby agree that the Pre-Existing Conservation Easement documents shall have no further force or effect and are hereby amended, superseded and restated in their entirety as contain in this Amended and Restated Deed of Conservation Easement. 1. PURPOSE. The purpose of this Amended and Restated Deed of Conservation Easement is to enhance, preserve and protect in perpetuity the Conservation Values of the Property and to prevent any activity on or use of the Property that will significantly impair or interfere with the Conservation Values. The Town intends that this Amended and Restated Deed of Conservation Easement will confine the activity on and use of the Property to activities and uses consistent with such purpose, as hereinafter provided. 2. RIGHTS OF THE LAND TRUST. To accomplish the purpose of this Amended and Restated Deed of Conservation Easement, in addition to the rights described in Colorado Revised Statutes §38-30.5-101, et seq., as amended from time to time, the following rights are granted to the Land Trust by this Amended and Restated Deed of Conservation Easement: Page 7 (a) To enhance, preserve and protect the Conservation Values of the Property; (b) To enter upon the Property at reasonable times in order to monitor the Town's compliance with and otherwise enforce the terms of this Amended and Restated Deed of Conservation Easement; provided that the Land Trust shall not unreasonably interfere with the Town's activities on or use or of its quiet enjoyment of the Property; and (c) To enjoin any activity on or use of the Property that is inconsistent with the purpose of this Amended and Restated Deed of Conservation Easement and to require or undertake the restoration of such areas or features of the Property as may be damaged by any inconsistent activity or use. 3. PROHIBITED ACTIVITIES AND USES. Any activity on or use of the Property inconsistent with the purpose of this Amended and Restated Deed of Conservation Easement is prohibited, and the Town acknowledges and agrees that it will not conduct, engage in or permit any such activity or use. Without limiting the generality of the foregoing, the following activities on or uses of the Property, though not an exhaustive list, are inconsistent with the purpose and are expressly prohibited: (a) Subdivision or Combination. Division or subdivision of the Property, physically or by legal process, including partition, is strictly prohibited. At all times the Property shall be owned, conveyed and transferred subject to the terms of this Amended and Restated Deed of Conservation Easement, and any such transfer shall convey the Property in its entirety. Notwithstanding the foregoing, the five parcels that comprise the Property may be combined into a single parcel with notice to the Land Trust but without the need to obtain the prior approval of the Land Trust. The Property may be combined into a single parcel together with any adjacent or nearby parcel of real property but only with the prior written approval of the Land Trust, which approval may be withheld or qualified in the sole discretion of the Land Trust. (b) Construction of Buildings or Other Structures. The construction, reconstruction, location, placement or installation of any buildings, camping accommodations, mobile homes, or other significant structures, paved surfaces, or improvements of any kind, temporary or permanent, is prohibited. The foregoing prohibition will not apply to the construction, reconstruction, location, placement or installation of minor trail-related structures, that are less than 8-feet in height, such as benches or trail signs, in accordance with the terms and conditions of the Property’s then existing Management Plan (as provided in Section 5 below). No use or development of the Property shall have a material adverse effect on the Conservation Values. (c) Timber Harvesting. Except as may be reasonably necessary for the construction or reconstruction of trails in accordance with Section 4, Paragraph (d) below, trees may be cut only to control insects, parasites and disease; to control invasive non-native species; for fire mitigation; and to prevent serious risk of personal injury and property damage. The foregoing shall not prevent the harvesting of dead, dying and down trees on the Property. Commercial timber harvesting on the Property is prohibited, except as is necessary to accomplish the objectives stated in this paragraph. Page 8 (d) Mining. As of the Effective Date, Grantor does not own all of the coal, oil, gas, hydrocarbons, sand, soil, gravel, rock and other minerals of any kind or description (the “Minerals”) located on, under, or in the Property or otherwise associated with the Property. For this reason, a mineral assessment report has been completed by Terracon Consultants, Inc., dated June 10, 2020, in compliance with I.R.C. § 170(h)(5)(B)(ii) and Treas. Reg. § 1.170A-14(g)(4). The report concludes that, as of the Effective Date, the probability of extraction or removal of Minerals from the Property by any surface mining method is so remote as to be negligible. The exploration for or development and extraction of Minerals of any kind or description, on or below the surface of the Property, is strictly prohibited, to the extent that such development or extraction can be prohibited by this Amended and Restated Deed of Conservation Easement, except as necessary or appropriate for trail construction or maintenance in accordance with Section 3, Paragraph (e) and Section 4, Paragraph (d) below. The transfer of Minerals off the Property or sale of Minerals by Grantor is prohibited. Any alteration of land permitted by this Amended and Restated Deed of Conservation Easement will not be interpreted to permit any extraction or removal of surface materials inconsistent with Section 170(h)(5) of the Internal Revenue Code of 1986 and the applicable Treasury Regulations. Further, no Minerals located below the surface of the Property may be accessed from off the Property through directional, horizontal or slant drilling, or through any other means, to the extent that such access can be prohibited by this Amended and Restated Deed of Conservation Easement. (e) Topographical Changes. No excavating, grading, cut and fill, berming or other similar topographical changes shall occur on the Property, except in connection with trail construction or maintenance in accordance with Section 4, Paragraph (d) below or except in accordance with the Property’s then existing Management Plan (as provided below) or as may be necessary or appropriate to preserve the Conservation Values of the Property, to prevent erosion, and for rock fall mitigation for the safety of the surrounding private properties. The Town may use rock or soil from the Property for trail construction or improvements on the Property, so long as such extraction: (i) is in conjunction with activities permitted by this Deed; (ii) is accomplished in a manner consistent with the preservation and protection of the Conservation Values; (iii) uses methods that may have limited and localized impact on the Property but are not irremediably destructive of the Conservation Values; (iv) is reclaimed within a reasonable amount of time. This provision shall be interpreted in a manner consistent with I.R.C. § 170(h), as amended, and the Treasury Regulations adopted pursuant thereto. (f) Defacing Rocks. No chipping of rock or cutting of holds shall occur on the Property. (g) Other Recreation Activities. No installation of rebar, pitons or fixed ladders to the rock, or use as a via ferrata, ropes course, zip line, bike skills course, base jumping area, disc golf course, gravity coaster or other amusement rides, ball fields, tennis courts, putt-putt courses, golf courses or any recreation activity that involves a playing field or court shall occur on the Property. (h) Waste Disposal. The disposal or storage of rubbish; garbage; debris; vehicles, implements and equipment not in regular use or parts thereof; or other unsightly or Page 9 offensive material on the Property is prohibited except trash or recyclables provided by the recreating public and contained in wildlife proof receptacles that do not exceed 64 gallons in volume and are regularly maintained by the Town or its designee. (i) Hazardous Materials. The storage, dumping or other disposal of any Hazardous Materials (as defined in Section 9, below) on the Property is strictly prohibited. (j) Industrial, Retail or Commercial Activity. No industrial or retail uses or activities shall be allowed on the Property. No Commercial uses or activities shall be allowed on the Property except as may be permitted in accordance with the Property’s then existing Management Plan (as provided in Section 5 below). (k) Signs and Billboards. No commercial signs, billboards, awnings, or advertisements shall be displayed or placed on the Property. Notwithstanding the foregoing, the Town may install appropriate signage to control public access on the Property or for educational purposes in accordance with the Property’s then existing Management Plan (as provided in Section 5 below) or signs notifying the public of the existence of a conservation easement or neighboring private property. Grantor shall erect one or more signs visible from the nearest public roadway, or from an alternative location, identifying the Board’s Grant and investment in this Property to the public. (l) Outdoor Lighting. No outdoor lighting shall be permitted on the Property except as may be permitted in accordance with the Property’s then existing Management Plan (as provided in Section 5 below). (m) Motorized Vehicles. No all-terrain vehicles, snowmobiles, dune buggies, motorcycles, or any other types of motorized vehicles may be operated or ridden "off road" on the Property, except as may be necessary to conduct such land maintenance activities as may be permitted by this Amended and Restated Deed of Conservation Easement, for rescue, emergencies, law enforcement, medical assistance of persons injured. Other powered mobility devices which are used to assist people with mobility impairment caused by a physical disability are also accepted, as may be permitted in accordance with the Property’s then existing Management Plan (as provided in Section 5 below). (n) Water Rights. As of the Effective Date, there are no water rights associated with the property. The Town shall not transfer, encumber, lease, sell or otherwise separate from the Property any water rights appurtenant to the Property presently owned or hereafter acquired by it. The conversion of any of the water rights appurtenant to or appertaining to the Property to non-domestic or non-agricultural uses is prohibited. The Town and the Land Trust hereby affirm and agree that retention of the right to use any and all of the water rights appurtenant to the Property is necessary to maintain the Conservation Values of the Property. (o) Alteration of Watercourses. The manipulation or alteration of any springs, natural watercourses, or other natural water bodies on the Property is prohibited except as may be permitted in accordance with the Property’s then existing Management Plan (as provided in Section 5 below). Page 10 (p) Roads and Paving. The construction of new roads and paving is prohibited. Curry Drive may be improved and paved at the Town’s discretion. (q) Transfer of the Property. The Town may not transfer ownership of the Property, or any ownership interest therein, except in accordance with the terms and conditions set forth in Section 15 of this Amended and Restated Deed of Conservation Easement. 4. RESERVED RIGHTS AND PERMITTED ACTIVITIES AND USES. The Town reserves to itself and to its successors and assigns, all rights accruing from its ownership of the Property that are not expressly prohibited herein and are consistent with the purposes and Conservation Values of this Amended and Restated Deed of Conservation Easement, including the following rights: (a) The Town shall have the right to permit public access to the Property and to limit such public access and to exclude any member of the public from trespassing on the Property and to charge admission, use fees or permit fees all in accordance with the Property’s then existing Management Plan (as provided in Section 5 below). (b) The Town shall have the right to conduct or permit recreation and educational uses and activities on the Property and to charge fees for such uses and activities all in accordance with the Property’s then existing Management Plan (as provided in Section 5 below); (c) The Town shall have the right to plant native trees, shrubs and grasses on the Property and to undertake weed mitigation activities on the Property as the Town, in its sole discretion, believes to be consistent with “best practices” and the Conservation Values of the Property; (d) The Town shall have the right to construct, reconstruct, maintain and improve trails on the Property that are necessary or appropriate for the recreation and educational activities and uses of the Property by the general public provided that all of such is done in accordance with the Property’s then existing Management Plan (as provided in Section 5 below) and done in such a way as to limit any adverse impacts to the Conservation Values; (e) The Town shall have the right to temporarily or permanently close climbing areas as deemed necessary, and shall allow the public to construct, install, operate and maintain climbing anchors, rappel anchors, bolts, and other forms of permanent sport or traditional climbing protection, provided that all of such is done in accordance with the Property’s then existing Management Plan (as provided in Section 5 below). Neither Town nor the Land Trust shall have any duty, liability, obligation, or responsibility for such climbing gear or installations, including without limitations to install, construct, test, inspect, maintain, repair or warn about the same. Page 11 (f) The Town shall have the right to repair or replace existing fences and to build new fences for separation of uses and to discourage trespassing, so long as new fences are designed to blend with or complement the natural and scenic features of the landscape where viewed from public vantage points; and provided that all fences are compliant with then current State of Colorado wildlife standards for fencing to permit movement of wildlife across the Property, and are not inconsistent with the preservation and protection of the Conservation Values of the Property; (g) The Town shall have the right to construct, reconstruct, repair or replace and maintain water, electric and other utility facilities on the Property, as allowed by utility easements recorded prior to this Amended and Restated Deed of Conservation Easement and to remove existing utilities and restore and revegetate any disturbed soils. The Town shall also have the right to grant new easements that permit the installation and maintenance of new utilities within the existing Curry Drive right-of-way. The Town shall have no right or power to grant easements, rights-of-way in, under, over on or across the Property, for any use or purpose whatsoever, outside the Curry Drive right-of-way, without the express written consent of the Land Trust. The Land Trust may withhold its consent to any such proposed grant, if it reasonably believes that such easement or right-of-way would damage or degrade the Conservation Values or be inconsistent with the purposes of this Amended and Restated Conservation Easement. 5. MANAGEMENT PLAN FOR THE PROPERTY. (a) The Town shall have prepared and duly adopted a Management Plan for the Property within one year of closing date per GOCO grant agreement that documents the plants and animals, cultural, scenic and recreation resources that are present at the Property and establishes rules and regulations and other management actions to protect and preserve all Conservation Values. Grantor shall provide the Management Plan and any updates to the GOCO Board. (b) The Management Plan for the Property shall be updated, revised or rewritten by the Town as necessary or appropriate; (c) The process to develop the Management Plan and any updates will reflect industry standards and practices, including a cultural and ecological assessment of the affected Property completed by a third party, invite public input, and include subject experts and the Land Trust. An update to the Management Plan is required before any new recreation use is permitted or before any previously unused portion of the Property is considered for recreation. (d) The Management Plan shall be consistent with terms and conditions of this Amended and Restated Deed of Conservation Easement. In the event of any ambiguity or apparent inconsistency between the provisions of the Management Plan for the Property and the terms and conditions of this Amended and Restated Deed of Conservation Easement, the terms and conditions of this Amended and Restated Deed of Conservation Easement shall prevail; Page 12 (e) The Management Plan for the Property adopted by the Town pursuant to Paragraph (a) of this Section 5 and any updates, revisions or rewrites of such Management Plan for the Property adopted pursuant to Paragraph (b) of this Section 5 are, in their then adopted form, referred to herein as the “Management Plan for the Property” without giving effect to any provisions of any prior Management Plan for the Property that have been revised, deleted or superseded. 6. MAINTENANCE OF THE PROPERTY DURING THE PERIOD PRIOR TO THE ADOPTION OF THE MANAGEMENT PLAN FOR THE PROPERTY. During the period prior to the adoption of the Management Plan for the Property as described in Paragraph (a) of Section 5 above, the Town shall preserve and maintain the Property in substantially the same condition as documented in the Baseline Documentation. However, improvements to the existing platted trail may be made prior to the adoption of the Management Plan. 7. RESPONSIBILITIES OF THE TOWN AND THE LAND TRUST NOT AFFECTED. Other than as specified herein, this Amended and Restated Deed of Conservation Easement is not intended to impose any legal or other responsibility on the Land Trust, or in any way to affect any existing obligation of the Town as owner of the Property. Among other things, this shall apply to: (a) Taxes. As between the Town and the Land Trust, the Town shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Land Trust is ever required to pay any taxes or assessments on or to protect its interest in the Property, the Town or its successors will reimburse the Land Trust for the same. (b) Upkeep and Maintenance. The Town shall be solely responsible for the upkeep and maintenance of the Property. The Land Trust shall have no financial obligation for the upkeep or maintenance of the Property. 8. HOLD HARMLESS. The Town, to the extent allowed by law and subject to the limitations contained in the Colorado Governmental Immunity Act, shall release, indemnify, defend, and hold harmless the Land Trust and the GOCO Board and the members, officers, directors, employees, agents, contractors and permitted assignees (collectively, the "Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys’ fees, consultants’ fees and interest, arising from or in any way related to: (i) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence or intentional acts of the Indemnified Party that is seeking indemnification hereunder; (ii) the obligations specified in Section 7, above; (iii) the costs and expenses of the Land Trust in enforcement of this Amended and Restated Deed of Conservation Easement; (iv) the violation or alleged violation of, or other failure to comply with, any federal, state or local environmental law or regulation relating to Hazardous Materials, as defined in Section 9, below, by any person other than the Indemnified Party seeking indemnification hereunder, in any way affecting, involving or relating to the Property, except to the extent such violations Page 13 or alleged violations are caused by the acts or omissions of the Indemnified Party on the Property; or (v) the presence or release in, on, from, or about the Property, at any time, of any Hazardous Materials, as defined in Section 9, below, unless caused solely by the Indemnified Party seeking indemnification hereunder. Notwithstanding the foregoing, the Town shall not be liable for actions solely occurring subsequent to the Town’s transfer of the Property to a subsequent owner of the Property. 9. THE LAND TRUST'S AND GOCO BOARD STATUS UNDER ENVIRONMENTAL LAWS. (a) Notwithstanding any other provision of this Amended and Restated Deed of Conservation Easement to the contrary, the parties do not intend, and this agreement shall not be construed, such that: (a) it creates in the GOCO Board or the Land Trust the obligations or liabilities of an "owner" or "operator" as those words are defined and used in the environmental laws, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 US Code §9601 et seq.) ("CERCLA"), or any successor or related law; or (b) it creates in the Land Trust obligations or liabilities of a responsible person described in 42 U.S. Code §9607(a)(3) or any successor or related law. The term "environmental laws" includes, without limitation, any federal, state, local, or administrative agency statute, regulation, rule, ordinance, order, or requirement relating to environmental conditions or hazardous substances. (b) Nothing in this Amended and Restated Deed of Conservation Easement shall be construed as giving rise to any right or ability in the Land Trust or GOCO Board, nor shall the Land Trust or GOCO Board have any right or ability, to exercise physical or managerial control over the day-to-day operations of the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA, as amended, or any similar federal or state laws or regulations. (c) For purposes of this Amended and Restated Deed of Conservation Easement, “Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. 10. ENFORCEMENT. The Land Trust shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Amended and Restated Deed of Conservation Easement. The Land Trust may enter the Property as provided in Paragraph (b) of Section 2 for the purpose of inspecting for violations. If the Land Trust finds what it believes to be a violation, the Land Trust shall immediately notify the Town and the GOCO Board by any means reasonably calculated to bring the nature of the alleged violation promptly to the Town’s and the GOCO Board’s attention. The Land Trust will follow up the initial notification with a written notice. Page 14 Upon receipt of the initial notification, the Town shall immediately cease the alleged violation and either (a) if necessary, restore or remediate the Property to its condition prior to the violation; (b) provide a written plan for restoration and remediation of the Property acceptable to the Land Trust; or (c) provide written documentation, acceptable to the Land Trust, that the activity is permitted and is not a violation. If the Town is unable or unwilling to immediately cease the alleged violation and comply with (a), (b) or (c) of the previous sentence, both parties agree to resolve the dispute through mediation or court procedures. The GOCO Board shall in no event be required to participate in any mediation. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, the Land Trust may obtain an injunction to stop it, temporarily or permanently. A court may also issue an order to require the Town to restore the Property to its condition prior to the violation. The Land Trust's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. 11. COSTS OF ENFORCEMENT. Any costs incurred by the Land Trust in seeking to enforce the terms of this Amended and Restated Deed of Conservation Easement against the Town, including, without limitation, costs of suit and reasonable attorneys' fees and any costs of restoration, necessitated by the Town's violation of the terms of this Amended and Restated Deed of Conservation Easement, shall be borne by the Town unless a court with jurisdiction determines that the Land Trust has acted in bad faith in seeking to enforce this Amended and Restated Deed of Conservation Easement, in which event the Town's costs of suit, including, without limitation, reasonable attorneys' fees, shall be borne by the Land Trust. 12. THE LAND TRUST'S DISCRETION. Enforcement of the terms of this Amended and Restated Deed of Conservation Easement and approvals required from the Land Trust as described herein shall be at the sole discretion of the Land Trust, and any forbearance by the Land Trust to exercise its rights under this Amended and Restated Deed of Conservation Easement in the event of any breach of any term of this Amended and Restated Deed of Conservation Easement by the Town shall not be deemed or construed to be a waiver by the Land Trust of such term or of any subsequent breach of the same or any other term of this Amended and Restated Deed of Conservation Easement or of any of the Land Trust's rights under this Amended and Restated Deed of Conservation Easement. Any failure of the Land Trust to discover a violation or delay or omission by the Land Trust in the exercise of any right or remedy upon any breach by the Town shall not impair such right or remedy or be construed as a waiver. The Town hereby waives any defenses available to the Town under Colorado Revised Statutes §38-41-119 and the defenses of laches, estoppel or prescription arising solely from any such forbearance, failure, delay, or omission. 13. ACTS BEYOND THE TOWN'S CONTROL. Nothing contained in this Amended and Restated Deed of Conservation Easement shall be construed to entitle the Land Trust to bring any action against the Town for any injury to or change in the Property resulting from causes beyond the Town's control, including, without limitation, fire, flood, Page 15 storm, earth movement, acts or from any prudent action taken by the Town under emergency conditions to prevent, abate, or mitigate significant damage to the Property or neighboring properties or injury to persons resulting from such causes. 14. TRANSFER OF CONSERVATION EASEMENT. (a) The Land Trust shall have the right to transfer its rights under this Amended and Restated Conservation Easement and the property rights created thereby and assign its rights and obligations hereunder but only: i. to any public agency or private nonprofit organization that, at the time of transfer, is a "qualified organization" under Section 170(h) of the Internal Revenue Code of 1986; ii. who is authorized to hold conservation easements under Colorado Revised Statutes §38-30.5-101, et seq.; iii. when the assignee agency or organization expressly agrees to assume the responsibility imposed on the Land Trust by this Amended and Restated Deed of Conservation Easement; and iv. is approved as a transferee in writing by the Town and the GOCO Board, each in their sole discretion. The Land Trust shall provide the Town and the GOCO Board with a written request to assign the conservation easement at least sixty (60) days prior to the date of the assignment transaction and shall provide to the Town and the GOCO Board with such written notice, and information sufficient to enable the Town and the GOCO Board to satisfy themselves, in the exercise of their sole discretion, that the proposed transferee satisfies the requirements of this Section 14. The Town and the GOCO Board shall have the right to receive and review the foregoing materials and to receive and review such additional information regarding the proposed transferee as they may reasonably request to satisfy themselves as provided above. (b) The Town and the GOCO Board shall have the right to require the Land Trust to assign its rights and obligations under this Amended and Restated Deed of Conservation Easement and to transfer the property right created herein to another qualified organization if the Land Trust ceases to exist or fails, without good cause or sufficient notice and opportunity to do so, refuses to enforce the terms and provisions of this Amended and Restated Deed of Conservation Easement. If the Land Trust ceases to exist prior to an assignment of this conservation easement, then the conservation easement shall automatically revert to an organization that meets the criteria set forth in Paragraph (a) of this Section 14 that is designated by the GOCO Board. (c) If the Land Trust desires to transfer this Amended and Restated Deed of Conservation Easement and the property right created hereunder to a qualified organization that meets the criteria set forth in Paragraph (a) of this Section 14 but as to whom either the Town or the GOCO Board has not given its approval, a court with jurisdiction shall have the power and authority to transfer this Amended and Restated Deed of Conservation Easement and the property right created hereunder to a qualified organization that otherwise meets the criteria set form in Paragraph (a) of this Section 14, provided that the Town and the GOCO Board have adequate notice of and an opportunity to participate in any court proceedings leading to the court’s decision on this matter. Page 16 15. TRANSFERS OF THE PROPERTY. (a) The Land Trust expressly agrees to waive any right to receive a transfer fee with respect to the transfers of the Property to Prospect Mountain LLC and the transfer of the Property from Prospect Mountain LLC to the Town. (b) The Town shall have the right to transfer its entire interest in the Property only to a state or local governmental entity, special district or non-profit organization that, at the time of the transfer: i. is eligible to receive open space and local parks and outdoor recreation funding from the GOCO Board (and the GOCO Board has provided the Town and the Land Trust with written confirmation of such agency’s or entity’s eligibility); ii. has expressly or implicitly as part of its purpose or mission the preservation of open space and the provision of educational and recreation opportunities to the general public; iii. has expressly agreed in writing to assume all of the duties, responsibilities and implicit financial obligations that have been voluntarily undertaken by the Town by virtue of its execution of this Amended and Restated Deed of Conservation Easement; and iv. has demonstrated to the reasonable satisfaction of the Town, the Land Trust and the GOCO Board that it has the financial capacity and ability to fund, on an ongoing and continuous basis, all of the costs and expenses that it may be required to incur in order to fulfill its duties and obligations as successor to the Town hereunder, and that it has in its employ or has the financial resources necessary to employ, train and retain, all personnel reasonably necessary to carry out such duties and obligations. (c) The Town shall give written notice to the Land Trust and the GOCO Board of any proposed transfer pursuant to this Section 15 at least sixty (60) days prior to the date of such proposed transfer and shall provide to the Land Trust and the GOCO Board with such written notice, the commitment executed by the proposed transferee referred to in Paragraph (b)(iii) of this Section 15 and information sufficient to enable the Land Trust and the GOCO Board to satisfy themselves, in the exercise of their reasonable discretion, that the proposed transferee has the financial capacity and personnel (or the capacity to employ personnel) and otherwise satisfies the requirement of Paragraph (b) of this Section 15. The Land Trust and the GOCO Board shall have the right to receive and review the foregoing materials and to receive and review such additional information regarding the proposed transferee as they may reasonably request to satisfy themselves as provided above. (d) No Transfer of the Property pursuant to this Section 15 shall be permitted without the written consent of the Land Trust and the GOCO Board, which consent shall not be unreasonably withheld based on the foregoing criteria and qualifications. Page 17 (e) If the Town desires to transfer its interest in the Property pursuant to this Section 15 and the Land Trust or the GOCO Board refuses to grant its consent to such transfer, a court having jurisdiction may transfer the Town’s interest to another agency or entity qualified as provided above in this Section 15. The Land Trust and the GOCO Board shall be given adequate notice of and an opportunity to participate in any court proceedings leading to the court’s decision on this matter. (f) The grant from the GOCO Board has provided partial funding for the Town’s acquisition of the fee title to the Property, any associated water rights and real estate interest in the Property subject to this Amended and Restated Deed of Conservation Easement, therefore, any voluntary sale, conveyance, transfer, or other disposal of all or any portion of the Town’s interest in the Property or associated water rights (a “Sale”), excluding any lease of the Property or the water rights to a third party or license to use the Property granted to a third party in the ordinary course of using the Property for permitted purposes, shall constitute a material change to the Grant that shall require prior written approval from the GOCO Board and may require a separate refund to the GOCO Board of an amount to compensate the GOCO Board, plus administrative costs, (the “Additional GOCO Board Refund”), in addition to any payment that the GOCO Board may be entitled to receive under Section 16 below. i. The amount of the Additional GOCO Board Refund shall be based upon a percentage of the Town’s net proceeds from the Sale (which shall be defined as the fair market value of the property being sold in the Sale, minus direct transaction costs) (“Net Proceeds”). The Additional GOCO Board Refund shall be determined by: a) first dividing the amount of the GOCO Board’s Grant by the original purchase price paid by the Town for fee title to the Property; b) then by multiplying the resulting ratio by the Net Proceeds; and c) adding interest thereon figured from the payment date of the Grant at the Prime Rate listed by the Federal Reserve Bank of Kansas City, Missouri that is most current on the effective date of the Sale. The GOCO Board may, in its sole discretion, waive the requirement for payment of interest or reduce the amount of interest due at the time of the Sale. The Additional GOCO Board Refund shall be paid to the GOCO Board in certified funds on or before the effective date of the Sale. ii. If a Sale occurs to a third party which is eligible to receive open space funding from the GOCO Board, and the GOCO Board has provided written confirmation of the third party’s eligibility, the Town shall not be required to pay the GOCO Board an Additional GOCO Board Refund, unless the GOCO Board determines in its sole discretion that one or more aspects of the Grant have changed that reduce the scope of the Grant from that of the original Grant as approved by the GOCO Board. (For example, if the Town proposed that the Grant project would include public access to the Property, and the Sale will result in substantially the same amount and type of public access, the Town shall not be required to pay the GOCO Board the Additional GOCO Board Refund, unless another aspect of the Grant project has changed that reduces the Grant project’s scope from that of the original Grant as approved by the GOCO Board). Page 18 16. CONDEMNATION OR OTHER EXTINGUISHMENT; PROCEEDS. If the Property or this Amended and Restated Deed of Conservation Easement is taken, in whole or in part, by exercise of the power of eminent domain by the Town or any other governmental authority, or if circumstances arise in the future that render all of the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. The Town or the Land Trust shall promptly notify the other party and the GOCO Board in writing when it first learns of such circumstances. In the event that the Town and a governmental authority with the power of eminent domain negotiate a purchase agreement pursuant to which this conservation easement is terminated or extinguished in whole or in part in order for such governmental authority to acquire some or all of the Property for governmental purposes without the cost and expense of formal eminent domain legal proceedings, such a purchase agreement shall be subject to the provisions of this Section 16 without the need for any judicial proceedings. In connection with any such condemnation or negotiated purchase in lieu of condemnation, the Town shall not accept total proceeds equal to less than the full fair market value of the Property of the affected portion thereof unrestricted by this Amended and Restated Deed of Conservation Easement without the approval of the Land Trust and the GOCO Board. From such total proceeds, reasonable transaction costs and the payoff amount of any prior claims shall be deducted. The resulting amount is referred to herein as the “Net Proceeds from Condemnation.” (a) The Land Trust shall be entitled to compensation in accordance with applicable law from any sale, exchange, condemnation, or other involuntary or voluntary conversion of all or any portion of the Property subsequent to such termination or extinguishment. As required by Treasury Regulation Sec. 1.170A-14(g)(6)(ii), the Land Trust's compensation shall include a percentage of the Net Proceeds from Condemnation that is at least equal to the proportionate value that the perpetual conservation restrictions contained in the Pre-Existing Conservation Easements bears to the value of the Property as a whole at the times that such Pre-Existing Conservation Easements were entered into. The Town and the Land Trust hereby agree that the foregoing percentage was and shall be 88.45%. The Land Trust shall use such proceeds in a manner consistent with the conservation purposes of this Amended and Restated Deed of Conservation Easement or the mission of the Land Trust. (b) The Town and the Land Trust further agree that the parties that provided the funding of the Town’s purchase price of the Property shall be entitled to the remaining 11.55% of the Net Proceeds from Condemnation in proportion to such parties’ relative contribution to such purchase price as set forth below: To the Town, (by virtue of its 31.7% contribution to the purchase price) 3.66% of the Net Proceeds from Condemnation (11.55%*31.7%) To the GOCO Board (by virtue of its 58.0% contribution to the purchase price) 6.70% of the Net Proceeds from Condemnation (11.55%*58.0%) To the Land Trust (by virtue of its 1.9% contribution to the purchase price) Page 19 0.22% of the Net Proceeds from Condemnation (11.55%*1.9%) To the Access Fund (by virtue of its 8.3% contribution to the purchase price) 0.96% of the Net Proceeds from Condemnation (11.55%*8.3%) 17. CHANGE OF CIRCUMSTANCES; TERMINATION OF EASEMENT. If a court with jurisdiction determines that conditions on or around the Property have changed so much that it has become impossible to maintain any significant amount of the Conservation Values intended to be preserved by this Amended and Restated Deed of Conservation Easement, a court with jurisdiction may, at the joint request of both the Town and the Land Trust, terminate the easement created by this Amended and Restated Deed of Conservation Easement. However, such changes must not be attributable to the actions or inactions of the Town. In entering into this agreement, the Town has considered the possibility that uses prohibited by the terms of this Amended and Restated Deed of Conservation Easement may become more economically valuable than the permitted uses. It is further understood that neighboring properties may in the future be put to uses that are prohibited hereunder with respect to the Property or which may be different from their current use. It is the intent of both the Town and the Land Trust that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Amended and Restated Deed of Conservation Easement. The inability of the Town to conduct or implement any or all of the activities or uses permitted under the terms of this Amended and Restated Deed of Conservation Easement, or the unprofitability of doing so, shall not impair the validity of this Amended and Restated Deed of Conservation Easement or be considered grounds for its termination or extinguishment. 18. AMENDMENT. If circumstances arise under which an amendment to or modification of this Amended and Restated Deed of Conservation Easement would be appropriate, the Town and the Land Trust may jointly amend this Amended and Restated Deed of Conservation Easement; provided that no such amendment shall be made that shall (a) adversely affect the status of the conservation easement as a "qualified conservation" easement within the meaning of Section 170(h) of the Internal Revenue Code of 1986; (b) adversely affect the status of the Land Trust as an organization eligible to hold conservation easements under all applicable laws, including Colorado Revised Statutes, §38- 30.5-101, et seq. and Section 170(h) of the Internal Revenue Code of 1986; (c) be inconsistent with the purposes of this Amended and Restated Deed of Conservation Easement; or (d) affect the perpetual duration of this Amended and Restated Deed of Conservation Easement. Any further amendment shall comply with the GOCO Board procedures and standards for amendments including written approval from the GOCO Board of such further amendment. A copy of the recorded amendment shall be provided to the GOCO Board. In order to preserve the priority of this Amended and Restated Deed of Conservation Easement as further amended, the GOCO Board may require that the Town obtain subordinations of any liens, mortgages, easements or other encumbrances that may have attached to the Property between the date of this Amended and Restated Deed of Conservation Easement and the recording of such further amendment and the GOCO Board may require a new title policy effective as of the execution of such further amendment. For purposes of this Section 18, “amendment” means any agreement that Page 20 purports to alter in any way any provision of this Amended and Restated Deed of Conservation but the adoption or revision of any Management Plan for the Property in accordance with Section 5 above shall not constitute an “amendment” of this Amended and Restated Deed of Conservation Easement and shall not alter any of the provisions of this agreement. Nothing contained in this Amended and Restated Deed of Conservation Easement shall be construed as requiring the Land Trust or the GOCO Board to agree to any further amendment of this agreement that may be proposed by the Town. 19. JURISDICTION. Any mediation or arbitration concerning this Amended and Restated Deed of Conservation Easement shall take place in Larimer County, Colorado. Any court action concerning this Amended and Restated Deed of Conservation Easement shall take place in the Eighth District Court for Larimer County, Colorado, and the Town and the Land Trust hereby consent to personal jurisdiction in Larimer County, Colorado. The GOCO Board shall in no event be required to participate in any mediation. 20. CONTROLLING LAW; LIBERAL CONSTRUCTION. The interpretation and performance of this Amended and Restated Deed of Conservation Easement is governed by the laws of the State of Colorado. Any general rule of construction to the contrary notwithstanding, this Amended and Restated Deed of Conservation Easement will be liberally construed to give the maximum protection of the Conservation Values and purpose of this Amended and Restated Deed of Conservation Easement. If any provision of this agreement is found to be ambiguous, an interpretation consistent with the purpose hereof that would render the provision valid will be favored over any interpretation that would render it invalid. This agreement shall not be construed against the position of either the Town or the Land Trust on the basis that one or the other was the drafter of this agreement. 21. PERPETUAL DURATION; SUCCESSORS AND ASSIGNS. The conservation easement created by this Amended and Restated Deed of Conservation Easement shall be a servitude running with the land in perpetuity. Every provision of this Amended and Restated Deed of Conservation Easement that applies to the Town or the Land Trust shall also apply to, be binding upon, and inure to the benefit of their respective assigns and all other successors as their interests may appear. 22. RECORDATION. This Amended and Restated Deed of Conservation Easement shall be recorded in the real property records of Larimer County, Colorado immediately following the recordation of the deeds by which the Town acquired the Property. 23. NOTICES. Except as otherwise provided in Section 10 above, any notices required by this Amended and Restated Deed of Conservation Easement shall be in writing and shall be personally delivered to or sent by first-class mail to the Town, the Land Trust Page 21 and the GOCO Board respectively at the following addresses, or at a subsequent changed address if a party has been notified in writing by the other party of such a change of address: THE TOWN: Town of Estes Park Attn: Town Administrator P.O. Box 1200 Estes Park, CO 80517 THE LAND TRUST: Estes Valley Land Trust Attn: Executive Director P.O. Box 663 Estes Park, CO 80517 THE GOCO BOARD State Board of the Great Outdoors Colorado Trust Fund Attn: Executive Director 1900 Grant Street, Suite 725 Denver, CO 80203 24. GENERAL PROVISIONS. (a) Entire Agreement. This Amended and Restated Deed of Conservation Easement sets forth the entire agreement and understanding of the parties with respect to the conservation easement on the Property and supersedes all prior agreements, arrangements and understanding relating to the Property including, but not necessarily limited to, the Pre-Existing Conservation Easement documents, all of which are superseded hereby. (b) Severability. If any provision of this Amended and Restated Deed of Conservation Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Amended and Restated Deed of Conservation Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (c) Captions. The captions in this Amended and Restated Deed of Conservation Easement have been inserted solely for convenience of reference and are not a part of this agreement and shall have no effect upon construction or interpretation. (d) No Forfeiture. Nothing contained in this Amended and Restated Deed of Conservation Easement will result in either (i) a forfeiture of this Amended and Restated Deed of Conservation Easement or reversion to the Town of any rights conveyed hereby, or (ii) a forfeiture or reversion of the Town's title in any respect. (e) Non-Merger. A merger of the conservation easement pursuant to this Amended and Restated Deed of Conservation Easement and the fee title to the Property cannot occur by operation of law because, in addition to the Land Trust’s rights and interest Page 22 under this agreement, the GOCO Board has rights and an interest in such conservation easement. Under Colorado law, the existence of these rights with respect to the GOCO Board precludes unity of title. If the Land Trust acquires fee title to the Property or any additional interest in the Property (such as a leasehold), the Land Trust shall first obtain the written approval of the GOCO Board. As a condition of such approval, the GOCO Board may require that the Land Trust first transfer the conservation easement to another qualified organization consistent with Section 14, above. In the event that the Land Trust acquires fee title interest or any other interest in the Property without the Land Trust’s prior knowledge, the Land Trust shall immediately provide notice of such acquisition to the GOCO Board and the GOCO Board may require that the Land Trust immediately transfer the conservation easement to another qualified organization consistent with Section 14, above. (f) Encumbrances on the Property. The Town certifies that no mortgage, lien or other encumbrance has been placed on the Property as a result of or since its acquisition by the Town unless such encumbrance is subordinated in all respects to the terms and conditions of this Amended and Restated Deed of Conservation Easement. (g) Termination of Rights and Obligations. Provided that a transfer is permitted and is affected in accordance with the terms and conditions of this Amended and Restated Deed of Conservation Easement, the transferring party’s rights and obligations under this agreement shall terminate upon such transfer except that liability for acts or omissions occurring prior to such transfer shall survive such transfer. (h) No Third-Party Beneficiaries. This Amended and Restated Deed of Conservation Easement is entered into by and between the Town and the Land Trust and is solely for the benefit of the Town, the Land Trust and the GOCO Board and their respective successors and assigns for the purposes set forth herein and does not create rights or responsibilities in any third parties beyond the Town, the Land Trust and the GOCO Board. (i) Termination of the GOCO Board. In the event that Article XXVII of the Colorado Constitution, which established the State Board of the Great Outdoors Colorado Trust Fund, is amended or repealed to terminate the GOCO Board or merge the GOCO Board into another entity, the rights and obligations of the GOCO Board hereunder 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. (j) Landowner as a Public Entity. The Town is a Colorado Public Entity. All obligations of the Town under this Amended and Restated Deed of Conservation Easement that extend beyond the current fiscal year of the Town are subject to the budget and appropriation process and are further subject to the protections, immunities, and limits of liability contained in the Colorado Governmental Immunity Act. (k) Financial Obligations of Town. All Town’s financial obligations under this Amended and Restated Deed of Conservation Easement are contingent upon appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing in this Amended and Restated Deed of Conservation Easement constitutes a debt, a Page 23 direct or indirect multiple fiscal year financial obligation, a pledge of the Town’s credit, or a payment guarantee by the Town. (l) Mediation. It is the parties’ intention to avoid the cost of litigation and to resolve problems amicably if possible. To that end, the parties agree to attempt in good faith to settle any dispute arising under or relating to this agreement by mediation. 25. AUTHORIZATION. The Town is authorized to enter into this Amended and Restated Deed of Conservation Easement by virtue of a resolution adopted by its Board of Trustees on the day of , 2021. The Land Trust is authorized to enter into this Amended and Restated Deed of Conservation Easement by virtue of a resolution adopted by its Board of Directors on the day of , 2021. IN WITNESS WHEREOF, the Town and the Land Trust have executed this Amended and Restated Deed of Conservation Easement, to be effective as of the day and year first above written, notwithstanding the actual date of execution. Signature pages to follow. Page 24 THE TOWN: TOWN OF ESTES PARK By: Date Title: STATE OF COLORADO ) ) ss: COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me by_______________________ , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2021. Witness my hand and official seal. My Commission Expires: . Notary Public APPROVED AS TO FORM: Town Attorney Page 25 THE LAND TRUST: ESTES VALLEY LAND TRUST, a Colorado nonprofit corporation Attest: Vaughn Baker, President of the Board of Directors Wayne Park, Secretary of the Board of Directors STATE OF COLORADO ) ) ss: COUNTY OF LARIMER ) The foregoing agreement was acknowledged before me this day of , 2021 by Vaughn Baker, President and Wayne Park, Secretary and of Estes Valley Land Trust, a Colorado nonprofit corporation. Witness my hand and official seal. My Commission Expires: . Notary Public Prepared For: Town of Estes Park Brian Berg Town of Estes Park Parks Supervisor bberg@estes.org Prepared By: Collective Ecological Consulting, LLC. Melissa Belmar Ecologist and Owner 8920 W. 4th Avenue Lakewood, CO 80226 melissa@collectiveeco.org Thumb Property Baseline Biological Report July 30, 2021 Thumb Property Baseline Biological Report ii TABLE OF CONTENTS 1.0 Introduction & Purpose 1 1.1 Site Description 1 2.0 Methodology 2 2.1 Background Research 2 2.2 Vegetation Communities 2 2.3 Baseline Biological Surveys 3 2.4 Bat Surveys 4 3.0 Results and Discussion 5 3.1 Vegetation Communities 5 3.2 Invasive Plant Species 6 3.3 Rare Plants and Sensitive Communities 6 3.3.1 Rocky Mountain Cinquefoil Hybrid (Potentilla hippiana var. effusa x Potentilla rupincola) 8 3.3.2 Rocky Mountain Phacelia (Phacelia denticulata) 8 3.3.3 Ponderosa Pine / Wax Currant Forest 9 3.4 Wetlands 9 3.5 General Wildlife 9 3.6 Migratory Birds and Raptors 11 3.7 Bat Species 12 3.8 Sensitive Wildlife 15 3.8.1 Peregrine Falcon (Falco peregrinus) 17 3.8.2 Hoary Bat (Lasiurus cinereus) 18 3.8.3 Little Brown Myotis (Myotis lucifigus) 18 4.0 Conclusions and Recommendations 19 4.1 Conservation Measures 19 4.1.1 Vegetation, Rare Plants, and Noxious Weeds 19 4.1.2 Wildlife 20 5.0 References 23 Thumb Property Baseline Biological Report iii APPENDICES Appendix A: Maps ......................................................................................................................... 26 Appendix B: Species Lists ............................................................................................................. 31 Appendix C: NVC Vegetation Community Descriptions ................................................................. 40 Appendix D: Photo Log ................................................................................................................. 51 Appendix E: Noxious Weed Information ........................................................................................ 58 LIST OF TABLES Table 1. Breeding Bird Codes Used During Surveys ....................................................................... 3 Table 2. Rare Plant Species and Sensitive Communities ................................................................ 6 Table 3. CPW Species Activity Mapping Data that Overlaps with the Property ............................. 10 Table 4. Bat Species Documented ................................................................................................ 12 Table 5. Sensitive Wildlife Species ............................................................................................... 15 Table 6. Recommended Nest Buffers and Seasonal Closure Dates ............................................. 21 LIST OF MAPS Map 1. Thumb Property Location Map. ......................................................................................... 27 Map 2. Baseline Biological Survey Information Map. ..................................................................... 28 Map 3. Thumb Property Vegetation and Plant Data Map. ............................................................. 29 Map 4. Thumb Property Bird Data Map. ........................................................................................ 30 Thumb Property Baseline Biological Report 1 1.0 Introduction & Purpose Collective Ecological Consulting, LLC (CEC) was hired by the Town of Estes Park to conduct a baseline biological survey of the Thumb Property (Property), located in Larimer County. The Thumb Property is under a conservation easement by the Estes Valley Land Trust and is managed and owned by the Town of Estes Park. The conservation easement requires the development of a management plan for the Property within one year of acquiring the Property. This baseline biological survey report will support the development of the management plan by providing information about natural resources found at the Property and recommendations for conservation. The purpose of this report is to provide documentation of biological resources found on the Property during surveys conducted in the summer of 2021. Rare plant, sensitive plant communities, bird nests, and other wildlife occurrences were documented during the surveys. Biologists conducted meandering surveys throughout the survey area and created species lists, captured photos, and took GPS points of biological resources at the site. This report follows a memorandum written in early July that presented results of focused surveys within a buffer of two proposed trails routes. Trail crews are scheduled to begin construction of the two proposed trails in August. 1.1 Site Description The Thumb Property is located in Larimer County, south of the Town of Estes Park off of Peak View Drive and comprises approximately 66.5 acres of land. There is a prominent pair of rock outcroppings called the Thumb and Needle that can be seen from many locations around the Estes Valley (Estes Valley Land Trust 2020). The entrance is marked by a small dirt parking lot on the side of Peakview Drive and is next to a small green water pump building. This trailhead is not part of the land under conservation easement. The property is adjacent to Town-owned land and corners land owned by the Bureau of Land Management (Estes Valley Land Trust 2020). A deeded trail previously constructed exists on the Property and travels from a parking lot located outside of the property boundaries, north and then east (Map 1). A trail reroute is planned for the west side of the property and is about 663 feet (202 meters) in length. A second trail is proposed from the deeded trail to a popular rock climbing area in the northeast portion of the property. The tr ail route has not been confirmed at this point, so a larger area was surveyed in the general vicinity of where the trail may be constructed. The Property is located in the Southern Rocky Mountains Ecoregion , as defined by the Nature Conservancy. High mountains and open grasslands are common in this area. This Ecoregion overlaps primarily with Colorado but extends north into Wyoming and south into New Mexico. Due to the unique landscape and harsh climate, over 180 plant and animal species are known to be endemic and uniquely adapted to the region. The Ecoregion is known for high species diversity in butterflies and moths, mammals, birds, and several plant groups (LandScope America 2021). The vegetative communities encompassed by the easement are ponderosa pine (Pinus ponderosa) woodlands, Douglas-fir (Pseudotsuga menziesii) woodlands, montane grasslands and shrublands. Thumb Property Baseline Biological Report 2 Many large rock outcrops and boulders are present throughout the Property. The property covers hills and valleys with elevations ranging from approximately 7,960 feet to 8,520 feet (Estes Valley Land Trust 2020). 2.0 Methodology 2.1 Background Research Prior to conducting field surveys, background research on the project location and resources that may potentially occur at the project site were reviewed. The following online databases and reports were used: ► Survey of Critical Biological Resources, Larimer County, Colorado (Doyle et al. 2004) ► Baseline Documentation Report for Thumb Open Space Conservation Easement, Larimer County (Estes Valley Land Trust 2020) ► Colorado Natural Heritage Program (CNHP) Long’s Peak Quadrant species list ► CNHP Conservation Status Handbook (CNHP 2021a) ► Colorado Breeding Bird Atlas occurrence data for Larimer County (Colorado Bird Atlas Partnership 2016) ► Ebird occurrences for the area (Cornell Lab of Ornithology 2020) ► Colorado Parks and Wildlife (CPW) Species Activity Mapping Data (CPW 2019) 2.2 Vegetation Communities The Nation Vegetation Classification (NVC) system vegetation communities were used to classify the vegetation at the Property. The NVC is a central organizing framework maintained by the Federal Geographic Data Committee (FGDC) for how all vegetation in the US is inventoried and studied, from broad scale formations (biomes) to fine-scale plant communities. The NVC system is a dynamic standard that resulted from the collaboration of multiple federal and state agencies, the Ecology Society of America, and Natureserve. This NVC system allows federal agencies, state agencies and natural heritage programs, and Natureserve to all use the same language and names for describing vegetation. It also allows all agencies to maintain compatible data for planning and management purposes and for the evolution of the classification to reflect the most current scientific understanding of plant communities in the US (USNVC 2016). The eight-level natural vegetation hierarchy emphasizes physiognomy in an ecological context at three upper levels, and increasingly integrates biogeography and floristics at three middle levels. Below is an outline format presenting the eight categories within the NVC, with each level having its own numbering structure (# indicates a number, _ indicates a letter). Upper Levels Class # (e.g., 1, see above for the 7 classes) Subclass #._ (e.g., 1.A) Formation #._.# (e.g., 1.A.1) Middle Levels Division #._.#._ _ or D### (e.g., 1.A.1.Na or D100) Macrogroup #._.#._ _.# or M### (e.g., 1.A.1.Na.1 or M100) Thumb Property Baseline Biological Report 3 Group #._.#._ _.#._ or G### (e.g., 1.A.1.Na.1.a or G100) Lower Levels Alliance: A#### (e.g., A1000) Association: CEGL00#### (e.g., CEGL001111) The Property was walked to identify and verify vegetation communities to the Alliance or Association level of the NVC system. GPS points were taken in areas of transition between two different vegetation communities. The many points taken assisted in identifying the aerial signatures of the various vegetation communities so that data could be appropriately modified in the office using ArcGIS. Polygon feature classes encompassing each different vegetation community found within the Property were created based on field data and aerial imagery. 2.3 Baseline Biological Surveys Four site visits were conducted throughout the summer months to document biological resources at the site and occurred on June 13, 27 and July 7, 11, 2021. Surveys were conducted from approximately 0700 to 1400 hours. Surveys were planned at different times during spring and summer to capture different phenological activities of biological resources at the site. The initial two surveys were focused on the proposed trail alignments, where biologists walked within a 50 foot buffer of the proposed trail alignment or in the general vicinity of the trail areas (Map 2. ). The ArcCollector iPhone application paired with a Garmin GLO Bluetooth GPS receiver were used to collect coordinate data of documented resources. Photos were taken that document the identification of resources and interesting habitats. Resources documented included wildlife sightings, wildlife sign, an inventory of all plant species seen, an inventory of all bird species, noxious weeds, and wildlife habitats of interest. Bird species were also recorded if seen performing any breeding activities as defined by the Colorado Breeding Bird Atlas (Colorado Bird Atlas Partnership 2016). Based on behavioral observations, some species were considered to be probable breeders or confirmed to be breeding at the Property. Definitions of breeding bird behaviors can be found below in Table 1. Table 1. Breeding Bird Codes Used During Surveys Observed Possible Breeder Probable Breeder Confirmed Breeder O – Migrants and nonbreeding species # – Species seen or calls heard X – Singing male present M – Multiple males (≥7 singing males heard in one block on one day) P – Male-female pair T – Territorial behavior, including two or more males counter-singing or chasing, or presence of a singing male in the same location on occasions at least a week apart C – Courtship behavior between a male and female, including display, food exchange, and copulation V – Visiting probable nest site, but no further evidence obtained NB – Nest building or adult carrying nest material PE – Physiological evidence; used only by banders or those handling birds and indicates brood patches and cloacal protuberances DD – Distraction display or injury feigning by adult UN – Used nest or egg shell found; only for unique and unmistakable shells or nests FL – Recently fledged young (or downy young of precocial Thumb Property Baseline Biological Report 4 Table 1. Breeding Bird Codes Used During Surveys Observed Possible Breeder Probable Breeder Confirmed Breeder A – Agitated behavior or anxiety call from an adult that indicate nearby nest site and/or young N – Nest building by Bald Eagles, Curve-billed Thrashers, or Marsh Wrens; excavation of cavities by woodpeckers; or filling cavities with twigs, etc., by Bewick’s or House Wrens species such as geese, ducks, grouse, and sandpipers) with limited mobility ON – Occupied nest (contents undetermined) CF – Adult carrying food for nestling or fledgling FF – Adult feeding fledgling FS – Adult carrying fecal sac NE – Nest with eggs NY – Nest with young Source: (Colorado Bird Atlas Partnership 2016) 2.4 Bat Surveys Bat surveys were conducted using a Song Meter Mini Acoustic Recorder from Wildlife Acoustics, Inc. The recorder was attached to a tree near the popular climbing areas in two separate locations. Location one was monitored from June 13 – June 26, 2021, and location two was monitored from June 27 – July 11, 2021 (Map 2. ). The monitor was set up to record bat calls from dusk to dawn nightly when bats are most active. Kaleidoscope software was used to auto identify (AutoID) bat calls. The AutoID function was set to only use calls from bats that could occur in Colorado that are available in the software. The automatically chosen bat species were then vetted by CEC to ensure that bat species evaluated could potentially occur at the specific site based on habitat and range. Four species were ultimately removed from the list due to them being unlikely to occur at the site, and included eastern red bat (Lasiurus borealis), California myotis (Myotis californicus), Arizona myotis (Myotis occultus), and Yuma myotis (Myotis yumanensis). One species, Allen’s big-eared bat (Idionycteris phyllotis), was not available in the software and could potentially occur at the site. The AutoID function was set to a more accurate estimate of species, rather than neutral or more sensitive estimate to provide more reassurance that species automatically identified were more accurate. The software’s AutoID tool was used determine the closest match between the input file and thousands of reference recording files in the software. Because bats vary their echolocation calls in response to a wide variety of circumstances and only portions of calls are recorded and documented by the monitor, no automated call identification can achieve 100 percent accuracy in species identification. Therefore, it is expected that results may contain some error. The AutoID software ultimately provides a p-value that helps to understand the likelihood of a species being present at the site based on the number of classifications completed for each species in the entire data set (Wildlife Acoustics 2021). A low, near zero p-value suggests the presence of a species, whereas a p-value of 0.05 or higher suggests that although some portions of a call is detected, it suggests there is not sufficient statistical evidence of presence. P-values are a convenient way to aggregate large amounts of data and provide a useful statistic to estimate presence or absence of a Thumb Property Baseline Biological Report 5 species (Wildlife Acoustics 2021). Following the auto identification and review of p-values, CEC staff reviewed calls to confirm species presence at the site through manual ID. 3.0 Results and Discussion 3.1 Vegetation Communities An inventory of the vegetation communities and plant species at the Property found a t otal of 107 plant species at the Property (Appendix B). The Property is composed primarily of ponderosa pine woodlands with a rocky understory or shrubs and native grasses, such as needle-and-thread grass (Hesperostipa comata), blue grama (Bouteloua gracilis), Indian ricegrass (Achnatherum hymenoides), and junegrass (Koeleria macrantha). Other communities include Douglas-fir rocky woodlands with wax currant (Ribes cereum) and five-petal cliffbush (Jamesia americana var. americana) understories and antelope bitterbrush (Purshia tridentata) and wax currant shrublands with native grass and forb herbaceous cover. Large boulders and rock outcrops compose a large amount of the Property and were often devoid of vegetation or had small herbaceous plants growing, such as Rocky Mountain alumroot (Heuchera bracteate) and Rocky Mountain geranium (Geranium caespitosum). Based on the field surveys, the resulting vegetation communities are depicted on Map 3. and are listed below. A total of five vegetation community Alliances and Associations were identified on the Thumb Property, including four forest and woodland and one shrub and herb class. Some areas could not be identified to the Association level. These areas contained a vegetative composition that did not directly fit the specific Associations provided by the NVC, and therefore were identified to the broader level of Alliance. Ponderosa pine with a rocky understory and ponderosa pine with antelope bitterbrush are the two most abundant communities. Descriptions from the NVC website of the communities identified are provided in Appendix C. The following were identified: Alliances ► A3731 Antelope Bitterbrush - Wax Currant Shrubland (8.8 acres) ► A3454 Southern Rocky Mountain Douglas-fir Forest & Woodland (6.7 acres) Associations ► CEGL000199 Ponderosa Pine / Wax Currant Forest (1.2 acres) ► CEGL000877 Ponderosa Pine / Rockland Woodland (27.6 acres) ► CEGL005647 Ponderosa Pine / Antelope Bitterbrush Southern Rocky Mountain Woodland (18.5 acres) A total of 62.9 acres was classified according to the NVC system within the Property. The remaining 3.6 acres was comprised of areas that did not match any NVC community. These areas included the following categories: ► Roads Thumb Property Baseline Biological Report 6 ► Rock Outcrops ► Disturbed Area The vegetation found in the Property is generally in good condition. Invasive species are low throughout the Property and the site is relatively undisturbed and composed of native plant species. One fully-tracked community (CEGL000199) was found on the Property and is discussed in more detail in the following section. An area classified as A3731 with high graminoid and forb diversity that is in excellent condition was documented (Map 3). This area contains primarily native grasses (needle-and-thread grass, junegrass, blue grama) and little invasive species, which is often uncommon for grasslands in the state. This area was found to have a small amount of the state-listed noxious weed dalmatian toadflax (Linaria dalmatica), that is recommended to be treated in order to preserve the area. 3.2 Invasive Plant Species The Colorado Noxious Weed Act (35-5.5 Colorado Revised Statutes [CRS]) states that the noxious weeds designated by rule are a present threat to the economic and environmental value of the lands of the state of Colorado and declare it to be a matter of statewide importance that the governing bodies of counties and municipalities include plans to manage such weeds as part of their duties. Listed noxious weeds are designated as List A, B, C, or watch-listed, with List A species being those subject to eradication wherever detected in the state (Colorado Revised Statutes 2003). Areas of disturbance where invasive species are higher are located near the trailhead and parking lot, along Curry Drive, and near the parking area off Curry Drive on the east side of the Property. These areas contained cheatgrass (Bromus tectorum), smooth brome (Bromus inermis), common mullein (Verbascum thapsus), Canada thistle (Cirsium arvense), musk thistle (Carduus nutans), and dalmatian toadflax. Cheatgrass is a List C species and common mullein, Canada thistle, musk thistle, and dalmatian toadflax are all List B species. Information about how to treat the state-listed species found on the Property is provided in Appendix E. 3.3 Rare Plants and Sensitive Communities A sensitive plant species list was created prior to field surveys. This list was generated by researching data available from CNHP’s Longs Peak Quadrant GIS data and creating a CNHP tracking list based on County and river basin. Following field surveys where biologists evaluated habitat availability on the site, the list was fine-tuned to create the species presented in Table 2. A total of 11 rare plants and sensitive plant species could occur at the site, including four communities and seven species. Field surveys resulted in finding two CNHP-rare plant species and one fully-tracked plant community that are discussed in more detail in following sections. Occurrence records for the three species will be submitted to CNHP for their database. Table 2. Rare Plant Species and Sensitive Communities Common Name Scientific Name Listing Status Habitat Requirements American yellow lady’s-slipper Cypripedium parviflorum G5 / S2 Aspen groves and ponderosa pine/Douglas-fir forests. Antelope Purshia tridentata / G1 / Found in north-central Colorado, along the Thumb Property Baseline Biological Report 7 Table 2. Rare Plant Species and Sensitive Communities Common Name Scientific Name Listing Status Habitat Requirements Bitterbrush / Prairie Sagewort / Needle-and- Thread Shrubland Artemisia frigida / Hesperostipa comata Shrubland S1S2 eastern slopes of the northern Front Range. Sites where this association is found are steep to very steep (30-55%) mountain slopes with southerly aspects from 5,800-7,700 feet elevation and are too xeric to support coniferous woodland. Antelope Bitterbrush / Mountain Muhly Shrubland Purshia tridentata / Muhlenbergia montana Shrubland G2 / S2 Stands occur on steep, rocky, south-facing slopes. Substrates are rocky, well-drained, poorly developed sandy or loam soils. James’ telesonix Telesonix jamesii G2G3 / S2S3 Found on cliffs, ledges, rock outcrops, boulders and scree slopes. Plants have been observed on all aspects, and on flat to vertical slopes (cliffs). Populations occur in alpine areas and in coniferous or aspen forests with varying amounts of shade. Larimer aletes Aletes humilis G2G3 / S2S3 Cracks and crevices in granite cliffs and rock outcrops. Also in pine duff under ponderosa pines. Ponderosa Pine / Spike Fescue Woodland Pinus ponderosa / Leucopoa kingii Woodland G3 / S3 Known from the northern Front Range of Colorado and Wyoming from 6,200-9,200 feet in elevation. It occurs on a variety of aspects, slopes and exposures. Ponderosa Pine / Wax Currant Woodland Pinus ponderosa / Ribes cereum GNR / SU Common on the eastern side of the Continental Divide in Rocky Mountain National Park between 7,215-9,300 feet elevation. Rocky Mountain cinquefoil* Potentilla rupincola G5? / S2 Granitic outcrops or thin, gravelly granitic soils with west or north exposure. Often associated with ponderosa or limber pine. Rocky Mountain columbine Aquilegia saximontana G3 / S3 Cliffs and rocky slopes, subalpine and alpine, near the Continental Divide. Rocky Mountain phacelia Phacelia denticulata G3 / S2 Sandy and rocky soils, typically in lightly disturbed areas such as loose soil on the sides of recently constructed trails, or along gullies. It has also been found on steep forested mountainsides with boulders and rocky outcrops. Strap-style gayfeather Liatris ligulistylis G5? / S2 Dry, rocky slopes, rocky woods, gravelly ground in valleys, along streams, prairies, and railroad embankments, open often moist sites. Sources: (Ackerfield 2015; CNHP 2017, 2019a, 2019b; NatureServe 2017) Bold Species – Documented at the Thumb Property * - Hybrid species documented (P. hippiana var. effusa x P. rupincola) Global Ranking Codes: G3, vulnerable to extirpation or extinction ; G4, widespread, abundant, and apparently secure; G5, demonstrably widespread, abundant, and secure; T, rank applies to subspecies or variety. Thumb Property Baseline Biological Report 8 Table 2. Rare Plant Species and Sensitive Communities Common Name Scientific Name Listing Status Habitat Requirements State Ranking Codes: S1, state critically imperiled; S2, state imperiled; S3, state rare or uncommon; S4, state apparently secure; B, breeding populations; N, non-breeding populations. 3.3.1 Rocky Mountain Cinquefoil Hybrid (Potentilla hippiana var. effusa x Potentilla rupincola) A large population of a hybrid plant species between the common species, woolly cinquefoil (Potentilla hippiana var. effusa), and the CNHP-tracked species Rocky Mountain cinquefoil (Potentilla rupincola) was identified on the property (Map 3, Photo 6, Photo 7). The rare species, Rocky Mountain cinquefoil, is listed as State Imperiled (S2) under CNHP’s listing criteria (NatureServe 2000; Anderson 2004). It is not listed as threatened or endangered under the Endangered Species Act. Although the rare species itself was not found on the site, it is so rare in the state that the protection and avoidance of the hybrid species is recommended, to the best of the Town of Estes Park ability (Ackerfield 2021; Smith 2021). Rocky Mountain cinquefoil is only found in Colorado and has been documented in Boulder, Clear Creek, Larimer, and Park Counties. It has been recorded in 23 locations with a total population to be estimated near 36,000 individuals (Anderson 2004). The species is threatened by invasive species invasion, development, recreation, secondary impacts from grazing, effects of small population sizes, climate change, and pollution (NatureServe 2000; Anderson 2004). Locations and population information about the hybrid between Potentilla hippiana var. effusa x Potentilla rupincola is not well known or documented in the state. Therefore, information gained from the population at the Thumb Property could be a valuable contribution to the field of botany. Occurrence points taken at the site and displayed on Error! Reference source not found. represent distinct clusters of the plant that range from one individual up to approxim ately 70. A high concentration of the plant was documented near the proposed trail to the climbing area on the north side of the property and surrounding Thumb and Needle Rocks. Based on the collected data in the trail survey areas, a total of approximately 400 individuals are present at the site. It should be noted that a comprehensive, protocol-level survey for this species was not conducted throughout the entire Thumb Property, so more individuals are likely present which will increase the total count of the species. Trail construction poses a threat to this species directly, through physical removal during trail construction. Trail construction also poses a threat indirectly by introducing invasive plants to the area through soil disturbance and increased visitation to the area. However, trail construction is likely to help protect the species by providing a designated route for hikers and climbers. The presence of a trail will reduce overland travel to the rock climbing area that results in veget ation trampling. 3.3.2 Rocky Mountain Phacelia (Phacelia denticulata) Several populations of Rocky Mountain phacelia were documented on the Property (Map 3, Photo 8, Photo 9). This rare species is listed as State Imperiled (S2) under CNHP’s listing criteria (CNHP 2015). It is not listed as threatened or endangered under the Endangered Species Act. Thumb Property Baseline Biological Report 9 Rocky Mountain phacelia has been documented in Boulder, Clear Creek, Douglas, El Paso, Las Animas, Larimer, and Park Counties. Detailed information about the current population status in the state is not well documented. It is estimated that there are between 21-80 documented occurrences of the species within its range in Wyoming, Colorado, and New Mexico (NatureServe 2021). Occurrence points taken at the site and displayed on Map 3 represent distinct clusters of the plant that range from three individuals up to approximately 280. Three populations of the plant, including one containing about 280, were documented near the proposed trail to the climbing area on the nort h side of the property. Other populations were documented along the existing trail, very close to the actual trail. Based on the collected data in the trail survey areas, a total of approximately 425 individuals are present at the site. It should be noted that a comprehensive, protocol-level survey for this species was not conducted throughout the entire Thumb Property, so more individuals are likely present which will increase the total count of the species. 3.3.3 Ponderosa Pine / Wax Currant Forest Three small areas, totaling 1.2 acres of the CNHP fully-tracked community, Ponderosa Pine/Wax Currant forest was found on the Property (Map 3). The community is unranked in the CNHP ranking system but is fully-tracked by the agency. This community has previously been documented in Rocky Mountain National Park, but other locations are not documented in NatureServe. The community is composed of large ponderosa pine trees, although some Rocky Mountain juniper (Juniperus scopulorum) and quaking aspen (Populus tremuloides) were also present. The understory is very sparse, including the shrub and the herbaceous layers. The shrub layer covers approximately five to 20 percent, and is primarily composed of wax currant, although some antelope bitterbrush was noted. The herbaceous and graminoid layers are very sparse to absent and heavy needle litter blanketed the ground (Photo 3). 3.4 Wetlands The Property does not contain any waterbodies or waterways, but a small seep was located (Map 3). The seep is currently located on the existing trail alignment, but the new trail alignment does not cross the wetland feature. The plant species many-flowered monkeyflower (Mimulus floribundus) and Underwood’s spike moss (Selaginella underwoodii) were found to be thriving in the area. The seep, although small, provides some water for wildlife present at the site. Small mammals and birds are likely to use it as a water source, but it is not large enough to provide habitat for amphibians or aquatic species. 3.5 General Wildlife The Property provides important habitat for wildlife species in the area. Much of the area to the south and the east are being developed for housing, so the Property provides much needed refuge and habitat connectivity for migrating wildlife species. Many wildlife species in the area make altitudinal migrations between spring and summer and need open space connecting higher and lower elevational areas, such as the Property. Coniferous trees, including ponderosa pine, Douglas-fir, and Rocky Mountain juniper, provide important cover for birds, bats, and mammals during the hot summer months and the winter snow. The rocky landscape at the site provides escape terrain for large and Thumb Property Baseline Biological Report 10 small mammals from predators that may be present. The native understory plants are important food sources for most of the wildlife species found at the site. Mule deer (Odocoileus hemionus) were seen using the Property during surveys, but other species such as elk (Cervus canadensis), mountain lion (Puma concolor), black bear (Ursus americanus), bobcat (Lynx rufus), coyote (Canis latrans), and red fox (Vulpes vulpes) may also use the area. Grasses, forbs, and shrubs, which are abundant at the site, are important browse for elk and mule deer (Armstrong, et al. 2011). The broken terrain of the site provides cover and protection for these two species. The coniferous forests, rocky terrain, and elevation of the Property provide year-round habitat for elk and mule deer. The rocky terrain found at the site and presence of ungulates and small mammals also provides excellent hunting grounds for both bobcat and mountain lion. Grasses, forbs, and berry-producing plant species (wax currant, raspberry [Rubus deliciosus], and chokecherry [Prunus virginiana]) all provide food sources for black bears in spring and summer. The rock outcrops and coniferous forests provide preferred protection and cover for the species as well, and could provide winter denning sites (Armstrong, et al. 2011). Pine squirrels (Tamiasciurus hudsonicus) were seen at the Property, but other small mammals such as Abert’s squirrels (Sciurus aberti), golden-mantled squirrels (Callospermophilus lateralis), least chipmunks (Neotamias minimus), and yellow-bellied marmots (Marmota flaviventris) could also potentially be present. Abert’s squirrels depend on ponderosa pine woodlands for nesting and food, making the Property excellent habitat for the species (Armstrong, et al. 2011). Signs of woodrat were found near a rock outcropping where large amounts of droppings were documented. Bushy-tailed woodrat (Neotoma cinerea) is the most likely species to occur at the site, but Mexican woodrat (Neotoma Mexicana) could also potentially be present. A mountain cottontail (Sylvilagus nuttallii) was also seen at the site with young. Reptiles and amphibians are also likely using the site. A prairie lizard was seen using rock outcrops for cover during one site visit. Other species that may occur include bullsnake (Pituophis catenifer), plains gartersnake (Thamnophis radix), and western terrestrial gartersnake (Thamnophis elegans). CPW Species Activity Mapping (SAM) GIS data was reviewed and overlaid with the Property. Table 3 below lists general wildlife species ranges that overlap with the Property. Table 3. CPW Species Activity Mapping Data that Overlaps with the Property Species Ranges Elk Production area, severe winter range, winter concentration area, winter range, overall range Mule Deer Concentration area, summer resident population, severe winter range, winter concentration, winter range, overall range Black Bear Fall concentration area, human-conflict area, summer range, overall range Mountain Lion Human-conflict area, overall range Plains Gartersnake Overall Range Western Terrestrial Gartersnake Overall Range Thumb Property Baseline Biological Report 11 Table 3. CPW Species Activity Mapping Data that Overlaps with the Property Species Ranges Bullsnake Overall Range Prairie Lizard Overall Range Source: (CPW 2019) 3.6 Migratory Birds and Raptors Birds were documented by sight and sound while at the Property, resulting in a total of 32 species documented (Appendix B). Based on behaviors observed, five birds were confirmed to be breeding (black-billed magpie [Pica hudsonia], black-headed grosbeak [Pheucticus melanocephalus], common raven [Corvus corax], Cooper’s hawk [Accipiter cooperii], and rock wren [Salpinctes obsoletus]) and three species were deemed probable breeders (broad-tailed hummingbird [Selasphorus platycercus], peregrine falcon [Falco peregrinus], and red-tailed hawk [Buteo jamaicensis]). Nests with young were found for black-billed magpie, black-headed grosbeak, and common raven Map 4. Raptor sightings occurred on each survey throughout the summer. Cooper’s hawks, red -tailed hawks, a peregrine falcon, and turkey vultures (Cathartes aura) were seen while at the Property (Map 4). A juvenile Cooper’s hawk flew through the site in one location, indicating a successful nest with fledged young may be in the area or located on the Property. A pair of red-tailed hawks was also seen on the site. Since this was during breeding season, it indicates the pair were likely mates. However, no nest was located on the Property. The peregrine falcon was seen near Thumb Rock, which is discussed more in the Sensitive Wildlife Section. Several areas of whitewash and potential historic raptor activity were documented at the site (Map 4). Thumb Rock had large amounts of whitewash but it was associated with the active ravens and rock doves seen at the site. Several young, fledged ravens were regularly seen on Thumb Rock and a nest is presumed to be active there. All of the whitewash locations documented would provide adequate nesting substrates for rock-nesting species in the future, which would include red-tailed hawks, peregrine falcon, prairie falcon, great-horned owl (Bubo virginianus), and potentially golden eagles (Aquila chrysaetos). Photo 10 - Photo 12 document the whitewash areas. The site provides excellent habitat for migratory birds and raptors. The large rock outcrops and boulders found throughout the Property provide important nesting habitat for species such as peregrine falcon, rock wren, and common raven. The more open ponderosa pine woodlands are used by a large variety of species for cover and food. Western tanager (Piranga ludoviciana), chipping sparrow (Spizella passerina), pygmy nuthatch (Sitta pygmaea), and Clark’s nutcracker (Nucifraga columbiana) are a few species that were documented within the ponderosa forests. The Douglas-fir forests have more of a closed canopy with either a rocky or shrubby understory. Yellow-rumped warbler (Dendroica coronata), dark-eyed junco (Junco hyemalis), and mountain chickadee (Poecile gambeli) are common species of this denser forest type. Green-tailed towhees (Pipilo chlorurus) were heard and seen frequently in the open shrublands dominated by antelope bitterbrush and are often considered associates of this habitat type. Thumb Property Baseline Biological Report 12 3.7 Bat Species The Song Meter Mini set up at the site ultimately collected 4,444 files at the site. The Kaleidoscope software AutoID classified 2,212 as not having an ID and 735 as background noise. The remaining 1,497 files were identified as different bat species. After reviewing p-values and manually vetting files, it was found that seven species are likely present at the site, which are listed below in Table 4. Portions of other species calls were detected, but due to high p -values and manually vetting, these species were determined to not be present at the site and include pallid bat (Antrozous pallidus), Townsend’s big-eared bat (Corynorhinus townsendii), spotted bat (Euderma maculatum), fringed myotis (Myotis thysanodes), big free-tailed bat (Nyctinomops macrotis), canyon bat (Parastrellus hesperus), and Mexican free-tailed bat (Tadarida brasiliensis). Of the seven species found at the site, two species are considered sensitive. Hoary bat (Lasiurus cinereus) is a Tier 2 species under the State Wildlife Action Plan (SWAP), and little brown myotis (Myotis lucifugus) is a Tier 1 species. Table 4. Bat Species Documented Common Name Scientific Name Listing Status Habitat Requirements CNHP CPW Federal Big brown bat Eptesicus fuscus G5 / S5 - - Year-round Colorado residents. Often found in cities and towns around structures. Roost in rock crevices and hibernate in mines, caves, and storm sewers. Hoary bat Lasiurus cinereus G3 / S3S4B Tier 2 - Solitary and roosts in a variety of trees, including ponderosa pine. Found in Colorado from April through November. Little brown myotis Myotis lucifugus G3 / S5 Tier 1 - Roosts in tree hollows, beneath bark, in or under buildings and bridges, and rock crevices. Hibernates in caves, mines, and buildings. Some individuals found in Colorado year-round, although others migrate out of the state for winter. Long-eared myotis Myotis evotis G5 / SU - - Prefers coniferous forests, with ponderosa pine being the most common habitat type. Roosts in trees or behind loose bark, caves, mines, and other sheltered areas. May hibernate in Colorado, but not confirmed. Long- legged myotis Myotis volans G4 / S5 - - Found in montane or subalpine forest, ponderosa pine woodland, pinyon-juniper woodland, and montane shrubs with willows or well-watered stands of sagebrush. Roosts in buildings, mines, rock fissures, or beneath loose tree bark. Hibernates in mines and caves. Silver- haired bat Lasionycteris noctivagans G3 / S3S4 - - Roosts in aspen and coniferous forests. Roosts under bark, in snags, under rocks, or in open soft-walled caves and mines, in open buildings (sheds or garages). Solitary Thumb Property Baseline Biological Report 13 Table 4. Bat Species Documented Common Name Scientific Name Listing Status Habitat Requirements CNHP CPW Federal species, but occasionally found in pairs. Some individuals hibernate in mines in the state. Western small- footed myotis Myotis ciliolabrum G5 / S4 - - Inhabits rocky areas and more common at lower elevations. Summer roosts include buildings, mines, under bark, beneath stones. Hibernates in caves and mines. Found in Colorado year-round. Source: (Armstrong, et al. 2011; Navo et al. 2018; NatureServe 2019; CNHP 2021b; Colorado Bat Working Group 2021) Global Ranking Codes: G3, vulnerable to extirpation or extinction; G4, widespread, abundant, and apparently secure; G5, demonstrably widespread, abundant, and secure; T, rank applies to subspecies or variety. State Ranking Codes: S1, state critically imperiled; S2, state imperiled; S3, state rare or uncommon; S4, state apparently secure; B, breeding populations; N, non-breeding populations. Tier 1 - species which are truly of highest conservation priority in the state, and to which CPW will likely focus resources over the life of the State Wildlife Action Plan. Tier 2 – species considered important in light of forestalling population trends or habitat conditions that may lead to a threatened or endangered listing status, but the urgency of such action has been judged to be less than Tier 1. Colorado bat species typically segregate in the summer when bats are highly active (Navo et al. 2018). Males congregate in smaller bachelor colonies or some species roost individually. Females form maternity roosts with offspring (pups), which can be much larger, and range from a few individuals to several thousand (Navo et al. 2018). The pups suffer high mortality rates even under normal conditions (CBOSMP 2021). In the fall, bats form large groups and display “swarming” behavior, where large amounts of bats are active throughout the night and typically fly in and out of caves or mines (Navo et al. 2018). Most Colorado bat species hibernate locally and complete short, seasonal altitudinal changes in order to find winter roosts. Mines, caves, talus slopes, and rock crevices have been documented as winter roost sites (Navo et al. 2018). Rock crevices have been found to be especially important for bats. Rock crevices support summer maternity roosts, fall transition roosts, and hibernacula in Colorado (Navo et al. 2018). Rock crevices have been found to be preferred summer roosting habitat for many bat species, even when other substrates such as trees, caves, and buildings are present. Research has found the little brown myotis, long-eared myotis (Myotis evotis), and long-legged myotis (Myotis volans) often chose rock crevices as maternity roosts over available tree roosts. Little brown myotis was also found to use rock crevices and boulder fields as fall transition roosts and winter hibernacula (Navo et al. 2018). Rock resources in the forms of cliffs and boulders are abundant at the Property and are highly likely to be used by the bat species documented on the surveys. Coniferous forests, including ponderosa pine and Douglas-fir forests, mixed with open shrublands and rock outcrops, have been found to be important habitat for Colorado bats (Navo et al. 2018). Nine species of bats in Colorado use forests and woodlands for foraging and roosting. Of the nine species, Thumb Property Baseline Biological Report 14 seven were documented at the site and include western small-footed myotis (Myotis ciliolabrum), long-eared myotis, long-legged myotis, little brown bat, big brown bat (Eptesicus fuscus), hoary bat, and silver-haired bat (Lasionycteris noctivagans). Bats may use tree crevices or cavities, exfoliating bark, or foliage of live trees for roosting activities. Hoary bats and silver-haired bats may roost on tree trunks or among live tree leaves. Generally, larger trees are selected for roosting more often due to their large surface area and ability to persist for longer, which makes them usable for several years. Snags and trees may be used by individuals up to hundreds of bats for roosting. Bats may use the same tree roost for an entire season and even come back to the same trees year after year. They may also change roost locations daily or every few days depending on the environment (Navo et al. 2018). Habitat for bat species is present throughout much of the Property. Rock outcrops with fissures and crevices and rock piles found throughout the site provide roosting habitat for species such as western small-footed myotis, silver-haired bat, little brown myotis, and big brown bat. Ponderosa pine, which covers much of the Property is often associated with the presence of hoary bat, long-eared myotis, and long-legged myotis. These three species in addition to little brown myotis, silver-haired bat, and western small-footed myotis use loose bark of trees for roosting, along with other substrates. Overall, much of the Property can be used by bat species for roosting habitat in the summer months. Additionally, species that hibernate in the state may use deeper cavities or crevices in rocks as hibernacula. The different bat species documented have variable phenological events such as mating, swarming, migration, bachelor roosting, fall transitional roosting, and maternity roosting. It is likely that there is bat activity at the site year-round due to the number of species present and the variation in activities and habitat requirements. Bats recorded on surveys were likely in the maternity roosting or male bachelor roosting stage of their annual cycles. Surveys only documented the presence or absence of species however, and could not confirm the sex of individuals documented or the location of roosting sites. The largest threats to bats at the site are the introduction of White-Nose Syndrome (WNS) and disturbance from rock climbing activities. The rock faces that attract climbers to a particular area may also provide rock crevices for roosting bats (Navo et al. 2018). Of the 19 bat species documented in the state, 16 of the species are known to roost in rock crevices or cliff faces. High levels of rock climbing in areas that are being used as maternity roosts may increase the likelihood of disturbance to bats reproducing and their pups. Bats often only produce single offspring and mortality rates are high, so a disturbance to maternity roost sites is highly detrimental, especially to sensitive sp ecies documented at the Property (little brown myotis, hoary bat). Bat species are in severe decline worldwide due to the spread of WNS. WNS is a disease caused by a fungus (Pseudogmnaoascus destructans), which attacks the bare skin of hibernating bats. The fungus that causes WNS grows in cold, dark and damp locations and is obvious when bats are afflicted due to the presence of a “white fuzz” on bat’s faces. WNS is believed to have been first identified in the US in 2006. Spores from the fungus can live for long periods on clothes, shoes, and gear, which makes humans a vector for spreading the fungus to new locations. One of the most impacted species in the US is the little brown bat, which is one species identified from bat calls at the site. WNS has not been identified in Colorado as of yet, but it has been found in Montana, Wyoming, New Mexico, Nebraska, and Kansas and almost all states in the eastern US. It is uncertain if bats are Thumb Property Baseline Biological Report 15 hibernating at the site, but caves and crevices large enough to provide hibernacula could be present and precautions about WNS should be considered. These are discussed in more detail in Section 4. 3.8 Sensitive Wildlife A sensitive wildlife species list was created prior to field surveys. This list was generated by researching data available from CNHP’s Longs Peak Quadrant GIS data, creating a CNHP tracking list based on County and river basin, and reviewing the State Wildlife Action Plan. Following field surveys where biologists evaluated habitat availability on the site, the list was fine-tuned to create the species presented in Table 5. A total of 17 sensitive wildlife species could occur at the site, including seven bird species, nine mammals, and one invertebrate. Bat monitoring conducted confirmed the presence of little brown myotis and hoary bat at the site and a peregrine falcon (Falco peregrinus) was also seen during one survey. The peregrine falcon occurrence is described in more detail in the next section. Although the remaining 14 species were not seen at the site, they could potentially occur based on habitat availability. Table 5. Sensitive Wildlife Species Common Name Scientific Name Listing Status Habitat Requirements CNHP CPW Federal Birds Band-tailed pigeon Patagioenas fasciata G4 / S4B Tier 2 In Colorado, most abundant in forests between 1,800 and 3,200 m and those dominated by ponderosa pine and Gambel oak. Cassin’s finch Peucaea cassinii G5 / S5 Tier 2 Often found in upland mature, coniferous forests, including lodgepole and ponderosa pine. May also use aspen and riparian woodlands. Golden eagle Aquila chrysaetos G5 / S3S4B, S4N Tier 1 Nesting habitat is often associated with either cliffs or trees, although some nests are built on the ground. Flammulated owl Otus flammeolus G4 / S4 Tier 2 Primarily open, mature to old ponderosa pine or other forest with similar features, such as dry montane conifer or aspen forests, often with oak, dense saplings, or other brushy understory. Prairie falcon Falco mexicanus G5/ S4 Tier 2 Typically nests in pot hole or well- sheltered ledge on rocky cliff or steep earth embankment; Vertical cliffs with rock structure overhanging the site are preferred. Nests typically are placed on south-facing aspects, with overhangs offering some protection from solar radiation. May use old nest of raven, hawk, or eagle. Peregrine falcon Falco peregrinus anatum G4 / S2B Tier 2, SC Nest on ledges of high cliffs, rocky outcrops, or tall river banks in a variety of habitats. Nests are a shallow scrape Thumb Property Baseline Biological Report 16 Table 5. Sensitive Wildlife Species Common Name Scientific Name Listing Status Habitat Requirements CNHP CPW Federal on a ledge with no materials. Rufous hummingbird Selasphorus rufus G5 / SNA Tier 2 Broad range of habitats. Principally secondary succession communities and openings, but also mature forests and parks and residential areas. Mammals Abert’s squirrrel Sciurus aberti G5 / S5 Tier 2 Primarily found in ponderosa pine, but may also use mixed conifer or pinyon- juniper woodlands. Allen’s big- eared bat Idionycteris phyllotis G4 / S1 Tier 2 Habitat is primarily wooded areas (e.g., ponderosa pine, pinyon-juniper, pine- oak, oak brush) in mountains and canyons but also includes riparian woodland or tall shrubland, desert scrub, and open arid habitats. roost in rock crevices, caves, and mines, and so they are often found near cliffs, rocky slopes, and lava flows. Big free-tailed bat Nyctinomops macrotis G5 / S1 Tier 2 Rocky areas in rugged or hilly country in both lowland and highland areas, including evergreen forests. Roost primarily in vertical or horizontal crevices near the tops of cliffs, but sometimes they are found in buildings, caves, or occasionally tree cavities. Dwarf shrew Sorex nanus G4 / S2 Tier 2 Various habitats including rocky areas in alpine tundra and partly into subalpine coniferous forest, other types of rocky slopes with ponderosa pine, dry brushy slopes, arid shortgrass prairie, dry stubble fields, and pinyon- juniper woodland. Fringed myotis Myotis thysanodes G4 / S3 Tier 1 Coniferous forest and woodland at moderate elevations including ponderosa pine. Roosts are in caves, mines, cliff faces, rock crevices, old buildings, bridges, snags, and other sheltered sites. Hoary bat Lasiurus cinereus G5 / S5B Tier 2 Solitary and roosts in a variety of trees, including ponderosa pine. Found in Colorado from April through November. Little brown myotis Myotis lucifigus G3 / S5 Tier 1 Roosts in tree hollows, beneath bark, in or under buildings and bridges, and rock crevices. Hibernates in caves, mines, and buildings. Some individuals found in Colorado year-round, although others migrate out of the state for Thumb Property Baseline Biological Report 17 Table 5. Sensitive Wildlife Species Common Name Scientific Name Listing Status Habitat Requirements CNHP CPW Federal winter. Spotted bat Euderma maculatum G4 / S2 Tier 1 Found in a variety of habitats, including ponderosa pine, piñon-juniper woodland and shrub desert. Townsend’s big-eared bat Corynorhinus townsendii pallescens G3G4 / S2 Tier 1, SC Found in a wide variety of habitats, including coniferous forests, mixed mesophytic forests, deserts, native prairie, riparian communities, agricultural areas, and coastal areas. Invertebrates Lusk’s pinemoth Coloradia luski G4 / S1? Ponderosa pine and other pine species are caterpillar hosts. Source: (Armstrong, et al. 2011; Colorado Bird Atlas Partnership 2016; NatureServe 2019; Colorado Bat Working Group 2021; Cornell Lab of Ornithology 2021) Bold Species – Documented at the Thumb Property Global Ranking Codes: G3, vulnerable to extirpation or extinction; G4, widespread, abundant, and apparently secure; G5, demonstrably widespread, abundant, and secure; T, rank applies to subspecies or variety. State Ranking Codes: S1, state critically imperiled; S2, state imperiled; S3, state rare or uncommon; S4, state apparently secure; B, breeding populations; N, non-breeding populations. Tier 1 - species which are truly of highest conservation priority in the state, and to which CPW will likely focus resources over the life of the State Wildlife Action Plan. Tier 2 – species considered important in light of forestalling population trends or habitat conditions that may lead to a threatened or endangered listing status , but the urgency of such action has been judged to be less than Tier 1. SC – State Special Concern 3.8.1 Peregrine Falcon (Falco peregrinus) A peregrine falcon was observed at the site, near the proposed trail route leading the rock climbing areas. Peregrine falcons are listed as a Tier 2 species in the Colorado Wildlife Action Plan, a state of Colorado Species of Concern, and State Imperiled in its breeding range (S2B) under CNHP (CPW 2015). The species is not listed as threatened or endangered under the Endangered Species Act. The State Wildlife Action Plan specifically identifies rock climbing disturbance as the largest threat to the species in the state (CPW 2015). The species has been observed in the state with active nests from late May through late July and with fledged young from mid-June through early August (Potter & Levad 2016). A peregrine falcon was observed “stooping”, where a bird dives from a higher perch towards a target and achieves remarkably high speeds. This behavior is often observed while hunting or during territorial defense towards a potential predator (White et al. 2020). The bird may have been displaying territorial behavior towards the two biologists present. Rock doves were also later seen in this area, so it is also possible the falcon was hunting. Following the dive, the bird perched on Thumb Rock for a short period and flew to the north side of Prospect Mountain. Thumb Rock was inspected for raptor Thumb Property Baseline Biological Report 18 nests, and none were documented. White wash was observed on the rock, suggesting nesting by a bird species (Photo 10). Common ravens and rock doves appear to have nested and produced fledged young on the rock outcrop. During surveys, several common ravens, including young individuals, were present on Thumb Rock and rock doves were seen entering small cavities in the rock. Peregrine falcons may use old raven nests for nesting, so this area should be monitored next season for use by peregrine falcons. An inactive nest that could be used by peregrine falcons in the future, or was used historically by the species or ravens was located on the rock outcrop on the west side of the Property (Photo 11). No birds were documented near this location on either survey in June. A third potential nest was located on a rock outcrop on the south side of the property, that had white wash and downy feathers in the vicinity. Ravens were seen entering and leaving this location briefly (Photo 12). All potential nest locations and the sighting of the peregrine falcon are shown on Map 4. The neighborhood east of the property was driven and rock outcrops located north of the property were investigated to the best extent possible with binoculars. No nests were found; however a peregrine falcon nest is likely in the vicinity of the Thumb Property, based on the behavior observed. 3.8.2 Hoary Bat (Lasiurus cinereus) Hoary bats have the largest range of any bats in North America and can be found from Canada, southward through Mexico and into Guatemala. The species is often associated with forested habitats throughout its range in North America. In Colorado, the species is found throughout much of the state from low elevation canyonlands and grasslands to montane coniferous forests. Hoary bats roost at the ends of branches in foliage of deciduous and coniferous trees in edge habitats. Hoary bats may also use caves, rock ledges, woodpecker holes, or buildings as roosting locations. Research suggests the species migrates from Colorado to winter hibernacula in California and Mexico. Hoary bats are usually solitary but may form flocks in late summer and fall. Mating occurs in late summer and early fall. Females give birth to one to four pups from May through July in areas east of the Rocky Mountains , although some females rear young in Colorado. The species prefers to eat moths but may also eat other insects such as grasshoppers, beetles, flies, termites, dragonflies, and wasps (Navo et al. 2018; Colorado Bat Working Group 2021). 3.8.3 Little Brown Myotis (Myotis lucifigus) The little brown myotis is a common and widespread bat species of forested areas in North America, but has been severely impacted by WNS in the eastern US. Their range extends from Canada and Alaska to the southern US with the exception of treeless areas and hot, arid lowlands . In Colorado, the species is found in riparian woodlands, urban areas, woodlots, shelterbelts, and montane forests. Maternity colonies are typically established in tree cavities, rock crevices, caves, and human structures. Night roosts may be found in tree hollows, beneath exfoliating bark, under and around buildings, bridges, and in rock crevices. Individuals return to roosting sites year after year. Swarming in the fall has been recorded in caves in Colorado. The species has been documented to move short distances between summer roosts and winter hibernacula in the state. Breeding occurs in the fall or early winter and females give birth to usually one pup from late May to early June (Navo et al. 2018; Colorado Bat Working Group 2021). Thumb Property Baseline Biological Report 19 4.0 Conclusions and Recommendations The Thumb Property is a biologically diverse piece of land that provides habitat for a variety of wildlife and plants species. Ponderosa pine woodlands are the dominant vegetation type with antelope bitterbrush, wax currant, and a variety of forbs and graminoids in the understory. Ponderosa pine woodlands provide habitat for a large variety of specialist and generalist species. Douglas-fir woodlands provide additional coniferous forest habitat that are more moist and provide other food sources for wildlife species. Open shrublands and grasslands provide foraging areas for raptors and bats, and more sunlight allows for a variety of forb species to flourish. Overall, the habitat quality at the Thumb Property is high and is in good condition. The Property has very low invasive species cover and the few populations that do exist should be treated when possible. Two rare plant species are present on the Property and invasive species spread ultimately will threaten their ability to continue to thrive on the Property. Although the Property is in good ecological condition, recommendations for habitat improvement are provided for implementation now and for in the future, as visitation to the Property is expected to increase. Introduction of a new trail and opening the Property to the public may result in habitat degradation, spread of noxious weeds, and wildlife disturbance. An attempt to maintain and/or improve the ecology of the site will lessen the impacts of the changes the Property will likely see in the upcoming years. Construction of the new trails and opening the Property to the public will attract larger crowds, but the creation of a designated path, specifically to climbing areas, will ultimately help to protect resources in the long-term. The new trail to the climbing routes will help to lessen overland travel to the climbing areas that would otherwise result in vegetation trampling and potentially harming rare plants found in the area. 4.1 Conservation Measures 4.1.1 Vegetation, Rare Plants, and Noxious Weeds ► Educate trail construction crews about the appearance of rare plants (Potentilla hippiana var. effusa x Potentilla rupincola and Phacelia denticulate). Have a biologist come to the site to show staff individual plants so they may identify the plant at the site and avoid it while working on trail construction. ► Avoid direct disturbance to rare plant populations and sensitive vegetation communities during trail construction if possible. o Stage equipment away from any occurrences and demarcate the boundar ies of the staging area to limit the area of impact. o Reroute trails, if possible, around and away from known plant populations. o Avoid soil disturbance within a five foot buffer of individual plants and communities. o Avoid stepping on or setting equipment on plants or in communities. ► Reduce invasive plant species spread during trail construction. Invasive species presence and spread reduces suitable habitat for native species including, the rare plants found at the site. Invasive species, such as cheatgrass, common mullein, and Canada thistle, Thumb Property Baseline Biological Report 20 are present at the site. A higher concentration of invasive plant species is present near the southwestern parking lot. The spread of invasive plants can be exacerbated by construction activities and increased visitation. Some ways to reduce invasive species spread during construction include: o Clean equipment, clothing, and shoes before accessing the site. o Inspect construction vehicles for weed contamination prior to the start of work and clean if necessary. o Limit hiking outside of the designated impact area. o Restrict activity in weed infested areas. o Educate staff on the identification of weeds located at the site. ► Treat the noxious weeds on the Property with suggested treatment options for each species listed in Appendix E. Prioritize smaller populations and especially aggressive noxious weeds first. One area of concern that should be treated is the small population of dalmatian toadflax present in an otherwise native plant species-dominant grassland and shrubland area (Map 3). ► Revegetate any disturbed areas with certified weed-free native seed mixes. Consult with a biologist about appropriate seed mixes. ► Monitor weed populations annually to ensure that weeds are not spreading outside of current locations. Have a biologist come to the site and map weeds throughout the Property and compare future years to the existing populations. Treat weeds as needed. ► Following trail construction, distribute signs and barriers on the property encouraging visitors to stay on the trail and discourage off-trail use. ► Coordinate with CNHP or the Denver Botanic Gardens about studying the rare plants found on the Property. ► Avoid new construction in sensitive areas, such as the wetland seep, the sensitive community (Ponderosa pine / wax currant forest), and the native grassland/shrubland found on the Property. 4.1.2 Wildlife ► Create a raptor monitoring program for the Property. Start monitoring white wash areas and other potential nesting areas as early as January. Ideally, monitoring would occur every one to two weeks and would continue into the summer. ► Apply appropriate nest buffers to avoid impacts to nesting migratory birds during the nesting season. Potentially close trails temporarily that are within the no disturbance buffers of active nests. Seasonal closure signs should be posted at the trailheads of affected trails. Details about nest buffers are provided in Table 6. Thumb Property Baseline Biological Report 21 Table 6. Recommended Nest Buffers and Seasonal Closure Dates Species No Human Encroachment^ Seasonal Closure^ No Surface Occupancy+ (year-round) Golden eagle ½ mile December 15 – July 15 ¼ mile Ferruginous hawk ½ mile February 1 – July 15 ½ mile Red-tailed hawk 1/3 mile February 15 – July 15 1/3 mile Swainson’s hawk ¼ mile April 1 – July 31 ¼ mile Peregrine falcon* ½ mile March 15 – July 31 ½ mile Prairie falcon ½ mile March 15 – July 15 ½ mile Northern goshawk ½ mile March 1 – September 15 ½ mile Songbirds and other migratory birds 50 feet (minimum) Early April – mid-July, or until nest finished NA Source: (CDOT 2011; PG&E 2015; CPW 2020) *Due to propensity to relocate nest sites, sometimes up to ½ mile along cliff faces, it is more appropriate to designate 'Nesting Areas' that encompass the cliff system and a ½ mile buffer around the cliff complex (CPW 2020). ^No Human Encroachment/Seasonal Closure - Any activity that brings humans in the area. Examples include driving, facilities maintenance, boating, trail access (e.g., hiking, biking), etc. +No Surface Occupancy - Any physical object that is intended to remain on the landscape permanently or for a significant amount of time. Examples include houses, oil and gas wells, tanks, wind turbines, roads, tracks, trails, etc. ► Record any sightings or occurrences of peregrine falcon during trail construction in August 2021. Potentially delay construction if the species is seen acting territorial or aggressive towards construction crews. ► If possible, gain access to the gated area north of the property to search for a peregrine falcon nest on the north side of Prospect Mountain. ► Colorado Parks and Wildlife recommends avoiding construction activities within 0.5 miles of an active peregrine falcon nest from March 15 through July 31 (CPW 2020). Since trail construction will occur outside of the identified range, it is less likely that nesting peregrine falcons will be disturbed, if present. ► Consider conducting owl surveys at the Property, especially for the sensitive species, flammulated owl. To conduct surveys, a qualified biologist would walk a route and play flammulated owl calls throughout the Property with the hope the species will call-back. The Property contains good habitat for the sensitive species. A suggested survey protocol is the Partners in Flight Protocol that can be found online (Fylling et al. 2021; PIF WWG 2021). ► Maintain tree snags and downed woody debris on Property to provide habitat for wildlife such as bats and cavity-nesting birds. Leave snags in clumped or clustered patterns across the landscape in all forest types to provide roosting habitat for bats. ► Following trail construction, distribute signs and barriers on the property encouraging visitors to stay on the trail and discourage off-trail use. Thumb Property Baseline Biological Report 22 ► Identify bat roosts in areas where climbing is popular to determine if conflicts may be occurring. The results of the survey conducted for this report provide information about the presence or absence of bat species at the Property. Monitors were placed near Thumb and Needle Rocks, in open areas where bat species may forage. The positive detection of the seven bat species indicates the species are active at the Property during the summer months. However, an exact location of where bat roosts are located cannot be determined from the acquired data. Habitat for bat roosts is present in many areas of the Property. Further evaluation of where bat roosts are located could be conducted by identifying areas where impacts may occur and visually monitoring the locations just before sunset for bats exiting roosts. ► If bat roosts are identified, implement seasonal or diurnal use restrictions at known rock crevice roosts during critical bat use periods. Close climbing routes to recreational use from mid-October–mid March to protect hibernacula if conditions are warranted and from early May–late August to protect maternity colonies using shallow rock crevices. Additional closures from late August–mid October may be needed if swarming behavior is occurring. The critical time periods of swarming behavior, hibernation and maternity activity may vary regionally (Navo et al. 2018). ► WNS could impact bat populations in the near future, as it spreads throughout the western US. Precautions should be taken about bat species that may hibernate at the site, especially since humans may interact with habitat for bat species, such as rock climbing faces. Contaminated equipment could introduce spores to habitat areas and infect bat species present. WNS decontamination protocols are provided by the White-nose Syndrome Response Team (White-nose Syndrome Disease Management Working Group 2020). ► Coordinate with the group “Climbers for Bat Conservation” to create a collaborative partnership between climbers using the Property and land managers, and to gain more information about bats using the Property (Climbers for Bat Conservation 2021). o Encourage climbers to report bats to the organization through emailing climbersforbats@colostate.edu. o Land managers at the Town of Estes Park may directly coordinate with the organization to gain a better understanding of bat ecology and ways to collaborate with climbers by emailing climbersforbats@colostate.edu. o Potentially host a “bat outing” with biologists and climbers to find bats, potentially have handle bats, and discuss their ecology and natural history. Thumb Property Baseline Biological Report 23 5.0 References Ackerfield J. 2015. Flora of Colorado. First Edition. 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Colorado Department of Transportation, Denver, CO. Available from https://www.codot.gov/programs/environmental/wildlife/guidelines/BirdspecCDOTbio.pdf. Climbers for Bat Conservation. 2021. How you can help. Available from https://climbersforbats.colostate.edu/how-you-can-help/ (accessed July 26, 2021). Colorado Natural Heritage Program (CNHP). 2015. Phacelia denticulata - Rocky Mountain phacelia. Available from http://www.cnhp.colostate.edu/rareplants/guide.asp?id=18196 (accessed July 12, 2021). CNHP. 2017. Colorado Rare Plant Guide. Available from https://cnhp.colostate.edu/rareplants/list.asp?list=master (accessed April 18, 2018). CNHP. 2019a. Plant Communities. Available from https://cnhp.colostate.edu/ourdata/trackinglist/plant_communities/ (accessed August 12, 2019). CNHP. 2019b. Vascular Plants. Available from https://cnhp.colostate.edu/ourdata/trackinglist/vascular_plants/ (accessed August 12, 2019). CNHP. 2021a. CNHP Conservation Status Handbook (Tracking Lists). Available from https://cnhp.colostate.edu/ourdata/trackinglist/ (accessed July 29, 2021). CNHP. 2021b. CNHP Tracked Mammal Species. Available from https://cnhp.colostate.edu/ourdata/trackinglist/custom-tracking/ (accessed July 26, 2021). Colorado Bat Working Group. 2021. Bats of Colorado. Available from https://cnhp.colostate.edu/cbwg/bat-list/ (accessed July 26, 2021). Thumb Property Baseline Biological Report 24 Colorado Bird Atlas Partnership. 2016. Colorado Breeding Bird Atlas II. Denver, CO. Available from http://cobreedingbirdatlasii.org/ (accessed July 19, 2018). Colorado Revised Statutes. 2003. Colorado Noxious Weed Act. Available from http://www.100thmeridian.org/laws/pdfs/Colorado%20Noxious%20Weed%20act.pdf. Cornell Lab of Ornithology. 2020. eBird. Available from https://ebird.org/home (accessed March 21, 2018). Cornell Lab of Ornithology. 2021. Birds of the World - Comprehensive life histories for all bird species and families. Available from https://birdsoftheworld.org/bow/home (accessed July 29, 2021). Colorado Parks and Wildlife (CPW). 2019. Species Activity Mapping Data. Available from https://www.arcgis.com/home/item.html?id=190573c5aba643a0bc058e6f7f0510b7. CPW. 2020. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Parks and Wildlife. Doyle G, Neid S, Rondeau R. 2004. Survey of Critical Biological Resources Larimer County, Colorado. Colorado Natural Heritage Program. Available from https://cnhp.colostate.edu/wp- content/uploads/download/documents/2005/Larimer_County_2004.pdf (accessed July 30, 2018). Estes Valley Land Trust. 2020. Baseline Documentation Report for Thumb Open Space Conservation Easement, Larimer County. Estes Valley Land Trust, Estes Park, CO. Fylling MA, Carlisle JD, Cilimburg AB, Blakesley JA, Linkhart BD, Holt DW. 2021. Flammulated Owl Survey Protocol. Partners in Flight, Western Working Group. LandScope America. 2021. 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The Colorado Bat Working Group, The Colorado Committee of the Western Bat Working Group. Thumb Property Baseline Biological Report 25 PG&E. 2015. Nesting Birds: Species-Specific Buffers for PG&E Activities. Pacific Gas and Electric Company. Available from https://www.cpuc.ca.gov/environment/info/panoramaenv/Fulton- Fitch/Application/Appendix_E_Birds.pdf (accessed October 31, 2019). Partners in Flight – Western Working Group (PIF WWG). 2021. Flammulated Owl Monitoring. Partners in Flight, Western Working Group. Available from http://www.wwgpif.org/projects/flammulated-owl-monitoring (accessed July 30, 2021). Potter KM, Levad R. 2016. Peregrine Falcon (Falco peregrinus). Page Colorado Breeding Bird Atlas II. Colorado Bird Atlas Partnership and Colorado Parks and Wildlife, Denver, CO. Smith J. 2021. Personal communication with Jessica Smith of CNHP. US National Vegetation Classification (USNVC). 2016. United States National Vegetation Classification Database: Release of the USNVC for the U.S. Available from http://usnvc.org/wp-content/uploads/2010/10/USNVCdatabase_23Feb2016.pdf (accessed March 29, 2017). White CM, Clum NJ, Cade TJ, Hunt WG. 2020. Peregrine Falcon (Falco peregrinus). Birds of the World. Available from https://birdsoftheworld.org/bow/species/perfal/cur/introduction (accessed June 28, 2021). White-nose Syndrome Disease Management Working Group. 2020. National White-nose Syndrome Decontamination Protocol. Open-File Report. White-nose Syndrome Response Team. Available from https://www.whitenosesyndrome.org/. Wildlife Acoustics. 2021. Explaining Maximum Likelihood Estimators (MLE) & P-Values. Available from https://www.wildlifeacoustics.com/resources/blog/explaining-maximum-likelihood- estimators-mle-and-p-values-used-in-kaleidoscope (accessed July 26, 2021). Thumb Property Baseline Biological Report 26 Appendix A: Maps Thumb Property Baseline Biological Report 27 Map 1. Thumb Property Location Map. Thumb Property Baseline Biological Report 28 Map 2. Baseline Biological Survey Information Map. Thumb Property Baseline Biological Report 29 Map 3. Thumb Property Vegetation and Plant Data Map. Thumb Property Baseline Biological Report 30 Map 4. Thumb Property Bird Data Map. Thumb Property Baseline Biological Report 31 Appendix B: Species Lists Thumb Property Baseline Biological Report 32 Thumb Property Plant Species List Scientific Name Common Name Conservation Status Comments CNHP ALLIACEAE: Onion Family Allium sp. Onion ANACARDIACEAE: Sumac Family Rhus trilobata Skunkbush sumac APIACEAE: Carrot Family Harbouria trachypleura Whiskbroom parsley ASTERACEAE: Sunflower Family Achillea millefolium Common yarrow Antennaria sp. Pussytoes Artemisia frigida Prairie sagewort Artemisia ludoviciana Silver sagewort Artemisia tridentata Big sagebrush Brickellia grandiflora Tasselflower brickellbush Carduus nutans Musk thistle Outside park boundary at SW corner; Noxious Weed - List B Chrysothamnus viscidiflorus Viscid rabbitbrush Cirsium arvense Canada thistle Outside park boundary at SW corner; Noxious Weed - List B Cirsium undulatum Thistle Outside park boundary at SW corner Erigeron compositus Cutleaf daisy Erigeron vetensis Early bluetop daisy Gaillardia aristata Blanketflower Helianthella quinquenervis Fivenerve little sunflower Heliomeris multiflora Showy goldeneye Heterotheca villosa Hairy false goldenaster Tragopogon dubius Western salsify Senecio integerrimus Lambs-tongue ragwort Solidago multiradiata var. Rocky Mountain Thumb Property Baseline Biological Report 33 Thumb Property Plant Species List Scientific Name Common Name Conservation Status Comments scopulorum goldenrod Symphyotrichum sp. Aster BORAGINACEAE: Borage Family Lappula occidentalis Western stickseed Lithospermum multiflorum Southwestern stoneseed Mertensia lanceolata Prairie bluebells Oreocarya virgata Miner's candle BRASSICACEAE: Mustard Family Alyssum desertorum Desert madwort Arabis pycnocarpa var. pycnocarpa Hairy rockcress Boechera spatifolia Spoonleaf rockcress Descurainia incana Mountain tansy mustard Draba streptocarpa Pretty draba Erysimum capitatum Western wallflower Lepidium densiflorum Common pepperweed Sisymbrium altissimym Tall tumblemustard CACTACEAE: Cactus Family Opuntia polyacantha Plains prickly pear Pediocactus simpsonii Mountain cactus CAMPANULACEAE: Bellflower Family Campanula rotundifolia Harebell Triodanis perfoliata Clasping Venus' looking-glass CARYOPHYLLACEAE: Pink Family Silene drummondii Drummond's catchfly CHENOPODIACEAE: Goosefoot Family Chenopodium sp. Goosefoot CUPRESSACEAE: Cypress Family Juniperus communis var. depressa Common juniper Thumb Property Baseline Biological Report 34 Thumb Property Plant Species List Scientific Name Common Name Conservation Status Comments Juniperus scopulorum Rocky Mountain juniper CYPERACEAE: Sedge Family Carex microptera Small-winged sedge Carex geophila Ground-loving sedge Carex nebrascensis Nebraska sedge Outside park boundary at SW corner EUPHORBIACEAE: Spurge Family Euphorbia brachycera Horned spurge FABACEAE: Pea Family Oxytropis lambertii Purple locoweed Astragalus flexuosus Flexible milkvetch GERANIACEAE: Geranium Family Geranium caespitosum Rocky Mountain geranium GROSSULARIACEAE: Currant Family Ribes cereum Wax Currant HYDRANGEACEAE: Hydrangea Family Jamesia americana var. americana Fivepetal cliffbush HYDROPHYLLACEAE: Waterleaf Family Ellisia nyctelea Aunt Lucy Phacelia denticulata Rocky Mountain phacelia G3/S2 Phacelia heterophylla Wand phacelia IRIDACEAE: Iris Family Iris missouriensis Rocky Mountain iris JUNCACEAE: Rush Family Juncus balticus Baltic rush Juncus confusus Colorado rush LAMIACEAE: Mint Family Scutellaria brittonii Britton's skullcap LILIACEAE: Lily Family Thumb Property Baseline Biological Report 35 Thumb Property Plant Species List Scientific Name Common Name Conservation Status Comments Calochortus gunnisonii Gunnison's mariposa lily LINACEAE: Flax Family Linum lewisii Lewis flax OROBANCHACEAE: Broomrape Family Castilleja linariifolia Wyoming paintbrush PHRYMACEAE: Lopseed Family Mimulus floribundus Manyflowered monkeyflower PINACEAE: Pine Family Pinus flexilis Limber pine Pinus ponderosa Ponderosa pine Pseudotsuga menziesii Douglas-fir PLANTAGINACEAE: Plantain Family Linaria dalmatica Dalmatian toadflax Noxious Weed Penstemon sp. Penstemon Penstemon virens Front Range beardtongue POACEAE: Grass Family Achnatherum hymenoides Indian ricegrass Bouteloua gracilis Blue grama Bromus carinatus California brome Bromus inermis Smooth brome Bromus tectorum Cheatgrass Noxious Weed Elymus albicans Montana wheatgrass Elymus elymoides Squirreltail Elymus glaucus var. glaucus Blue wildrye Elymus trachycaulus Slender wheatgrass Festuca saximontana var. saximontana Rocky Mountain fescue Hesperostipa comata Needle-and-thread grass Koeleria macrantha Junegrass Thumb Property Baseline Biological Report 36 Thumb Property Plant Species List Scientific Name Common Name Conservation Status Comments Leymus triticoides Creeping wildrye Muhlenbergia filiculmis Slimstem muhly Muhlenbergia montana Mountain muhly Muhlenbergia wrightii Spike muhly Pascopyrum smithii Western wheatgrass Piptatherum micranthum Littleseed ricegrass Poa fendleriana Muttongrass Pseudoroegneria spicata Bluebunch wheatgrass POLYGONACEAE: Buckwheat Family Eriogonum umbellatum Sulphur flower Eriogonum alatum Winged buckwheat Polygonum douglasii Douglas' knotweed RANUNCULACEAE: Buttercup Family Anemone patens Eastern pasqueflower ROSACEAE: Rose Family Amelanchier alnifolia Western serviceberry Outside park boundary at SW corner Drymocallis fissa Bigflower cinquefoil Potentilla hippiana var. effusa Woolly cinquefoil Potentilla rupincola x effusa hybrid cinquefoil Prunus virginiana Chokecherry Purshia tridentata Antelope bitterbrush Rosa acicularis ssp. sayi Prickly rose Rubus deliciosus Boulder raspberry SALICACEAE: Willow Family Populus tremuloides Quaking aspen SAPINDACEAE: Soapberry Family Acer glabrum Rocky Mountain maple SAXIFRAGACEAE: Saxifrage Family Thumb Property Baseline Biological Report 37 Thumb Property Plant Species List Scientific Name Common Name Conservation Status Comments Heuchera bracteata Rocky Mountain alumroot SCROPHULARIACEAE: Figwort Family Verbascum thapsus Common mullein Outside park boundary at SW corner; Noxious Weed SELAGINELLACEAE: Spike-moss Family Selaginella underwoodii Underwood's spike- moss Global Ranking Codes: G3, vulnerable to extirpation or extinction; G4, widespread, abundant, and apparently secure; G5, demonstrably widespread, abundant, and secure; T, rank applies to subspecies or variety. State Ranking Codes: S1, state critically imperiled; S2, state imperiled; S3, state rare or uncommon; S4, state apparently secure; B, breeding populations; N, non-breeding populations. Thumb Property Baseline Biological Report 38 Thumb Property Wildlife Species List Common Name Scientific Name Conservation Status Comments CNHP CPW ESA BIRDS American goldfinch Spinus tristis American robin Turdus migratorius Black-billed magpie Pica hudsonia Confirmed breeding (Nest with young) Black-chinned hummingbird Archilochus alexandri Black-headed grosbeak Pheucticus melanocephalus Confirmed breeding (On nest) Broad-tailed hummingbird Selasphorus platycercus Probable breeder (Territorial behavior, Courtship) Chipping sparrow Spizella passerina Clark's nutcracker Nucifraga columbiana Cordilleran flycatcher Empidonax occidentalis Common raven Corvus corax Confirmed breeding (Carrying food and fledglings) Cooper's hawk Accipiter cooperii Confirmed breeding (Fledged young) Cordilleran flycatcher Empidonax occidentalis Dark-eyed junco Junco hyemalis Green-tailed towhee Pipilo chlorurus Hairy woodpecker Picoides villosus House wren Troglodytes aedon Mountain chickadee Poecile gambeli Northern flicker Colaptes auratus Peregrine falcon Falco peregrinus G4 / S2B Tier 2, SC Probable breeder (Territorial behavior) Pygmy nuthatch Sitta pygmaea Red crossbill Loxia curvirostra Rock dove Columba livia Red-tailed hawk Buteo jamaicensis Probable breeder (Pair) Rock wren Salpinctes obsoletus Confirmed breeding (Carrying food) Thumb Property Baseline Biological Report 39 Thumb Property Wildlife Species List Common Name Scientific Name Conservation Status Comments Stellar's jay Cyanocitta stelleri Townsend's solitaire Myadestes townsendi Turkey vulture Cathartes aura Violet-green swallow Tachycineta thalassina Western tanager Piranga ludoviciana Western wood- pewee Contopus sordidulus White-breasted nuthatch Sitta carolinensis Yellow-rumped warbler Dendroica coronata MAMMALS Mountain cottontail Sylvilagus nuttallii Mule deer Odocoileus hemionus Scat observed, individuals observed on site Pine squirrel Tamiasciurus hudsonicus Woodrat species Neotoma sp. Scat observed REPTILES Prairie lizard Sceloporus consobrinus Global Ranking Codes: G3, vulnerable to extirpation or extinction; G4, widespread, abundant, and apparently secure; G5, demonstrably widespread, abundant, and secure; T, rank applies to subspecies or variety. State Ranking Codes: S1, state critically imperiled; S2, state imperiled; S3, state rare or uncommon; S4, state apparently secure; B, breeding populations; N, non-breeding populations. SC – State Species of Special Concern Thumb Property Baseline Biological Report 40 Appendix C: NVC Vegetation Community Descriptions A3454 Pseudotsuga menziesii Southern Rocky Mountain Forest & Woodland Alliance The U.S. National Vegetation Classification Type Concept Sentence: Forests and woodlands primarily of the southern Rocky Mountains with canopies dominated by Pseudotsuga menziesii. -Overview Common (Translated Scientific) Name: Douglas-fir Southern Rocky Mountain Forest & Woodland Alliance Colloquial Name: Southern Rocky Mountain Douglas-fir Forest & Woodland Hierarchy Level: Alliance Type Concept: These forests and woodlands are primarily distributed in the southern Rocky Mountains, and as far east as Texas. They include evergreen forests dominated by Pseudotsuga menziesii. Canopy associates vary widely depending on geographic location and may include Abies lasiocarpa, Juniperus scopulorum, Pinus contorta, Pinus flexilis, Pinus ponderosa, Pinus strobiformis, and Populus tremuloides. Understories are most often shrub-dominated, but in some associations a layer of graminoids takes prominence. Common dominant shrubs may include Arctostaphylos patula, Arctostaphylos uva-ursi, Artemisia tridentata, Cercocarpus montanus, Holodiscus dumosus, Juniperus communis, Paxistima myrsinites, Physocarpus monogynus, Quercus gambelii, and Quercus x pauciloba. Herbaceous dominants may include Festuca arizonica, Jamesia americana, Muhlenbergia montana, Muhlenbergia straminea, and Poa fendleriana. Elevations range from less than 1000 m in the northern Rocky Mountains to nearly 2900 m in the Southern Rockies and plateaus of the southwestern U.S. Lower elevation stands typically occupy protected northern exposures or mesic ravines and canyons, often on steep slopes. At higher elevations, these forests occur primarily on southerly aspects or ridgetops. Diagnostic Characteristics: Canopies are dominated or codominated by Pseudotsuga menziesii in association with other conifer species. These forests and woodlands are distinguished from other Pseudotsuga menziesii alliances in having a species composition that is more associated with the southern Rocky Mountains. Rationale for Nominal Species or Physiognomic Features: Classification Comments: No Data Available Similar NVC Types: -Vegetation Physiognomy and Structure: These forests are characterized by a multi-tiered needle-leaved evergreen tree canopy up to 50 m high, with 20-100% cover. Cold-deciduous, broad-leaved species occasionally codominate. Downed wood may also be abundant in older stands. Shrub cover is dominated by ericaceous or cold-deciduous species and can be dense. The herbaceous understory is primarily composed of graminoids. Floristics: These forests and woodlands are dominated by Pseudotsuga menziesii in the canopy and almost always in the tree regeneration layer. Pinus ponderosa is an important seral species occurring in many associations, either as older seral remnants or codominating in the canopy. Other trees that can be present to abundant (typically seral) include Populus tremuloides (in the southern Rockies and south into New Mexico and Arizona), Pinus strobiformis (in New Mexico and Arizona), and Pinus contorta (throughout much of the alliance's range). Species of Abies and Picea do not commonly occur in this alliance, but are present in some stands. Understories in Pseudotsuga menziesii forests are varied; many associations have well-developed shrub layers, varying in height from <2 m (typically) to up to 5 m. Dominant or diagnostic species may include Acer grandidentatum, Amelanchier alnifolia, Arctostaphylos patula, Jamesia americana, Physocarpus monogynus, Quercus arizonica, Quercus gambelii, Quercus rugosa, Quercus X pauciloba, and Quercus hypoleucoides. Arctostaphylos uva-ursi and Mahonia repens are present to important throughout the range. The herbaceous layer can be sparse or, if the shrub layer is not abundant, can be relatively species-rich, usually graminoid-dominated. Important or dominant species include the graminoids Bromus ciliatus, Calamagrostis rubescens, Carex geyeri, Carex rossii, Festuca arizonica, Festuca occidentalis, Luzula parviflora, Muhlenbergia montana, and Muhlenbergia straminea (= Muhlenbergia virescens); and the forbs Arnica cordifolia, Osmorhiza berteroi, Thalictrum occidentale, Viola adunca, and species of many other genera, including Arenaria, Erigeron, Fragaria, Galium, Lathyrus, Lupinus, Penstemon, Vicia, and others. Dynamics: Successional relationships in this alliance are complex. Pseudotsuga menziesii seedlings compete poorly in deep shade. At drier locales, seedlings may be favored by moderate shading, such as by a canopy of Pinus ponderosa, which helps to minimize drought stress. In some locations, much of these forests has been logged or burned during European settlement, and present-day stands are second-growth forests dating from fire, logging, or other stand-replacing disturbances (Mauk and Henderson 1984, Chappell et al. 1997). Pseudotsuga menziesii forests were probably subject to a moderate-severity fire regime in presettlement times, with fire-return intervals of 30-100 years. Many of the important tree species in these forests are fire-adapted (Populus tremuloides, Pinus ponderosa, Pinus contorta) (Pfister et al. 1977), and fire-induced reproduction of Pinus ponderosa can result in its continued codominance in Pseudotsuga menziesii forests (Steele et al. 1981). Seeds of the shrub Ceanothus velutinus can remain dormant in forest stands for 200 years (Steele et al. 1981) and germinate abundantly after fire, competitively suppressing conifer seedlings. Some stands may have higher tree-stem density than historically, due largely to fire suppression. Fire suppression has also led to the succession of Pinus ponderosa woodlands or Quercus spp. woodlands to Pseudotsuga menziesii forests. -Environment Environmental Description: These Pseudotsuga menziesii forests and woodlands occur under a comparatively dry and continental climate regime. Elevations range from less than 1000 m in the northern Rocky Mountains to nearly 2900 m in the Southern Rockies and plateaus of the southwestern U.S. Lower elevation stands typically occupy protected northern exposures or mesic ravines and canyons, often on steep slopes. At higher elevations, these forests occur primarily on southerly aspects or ridgetops. Annual precipitation ranges from 50-100 cm with moderate snowfall and a greater proportion falling during the growing season. Monsoonal summer rains contribute a significant proportion of the annual precipitation in Arizona, New Mexico, and Colorado. Soils are highly variable across the range of this alliance and are derived from diverse parent materials. Pseudotsuga menziesii forests are reported by most studies (Pfister et al. 1977, Steele et al. 1981, Mauk and Henderson 1984, Lillybridge et al. 1995) to show no particular affinities to geologic substrates. Rock types are typically sedimentary rocks in the Central and Southern Rockies and the Colorado Plateau. The soils are typically slightly acidic (pH 5.0-6.0), well-drained, and well-aerated. They can be derived from moderately deep colluvium or shallow-jointed bedrock, and are usually gravelly or rocky. -Distribution Geographic Range: This alliance primarily occurs in the southern Rocky Mountains, but extends west into the Great Basin, and east to Trans-Pecos Texas, and north into Alberta, Canada. Nations: CA,US States/Provinces: AB, AZ, CO, MT, NM, NV, TX, UT, WY A3731 Purshia tridentata - Ribes cereum Shrubland Alliance The U.S. National Vegetation Classification Type Concept Sentence: This alliance is characterized by shrublands of the eastern Front Range of Colorado within canyons dominated by Purshia tridentata or Ribes cereum. -Overview Common (Translated Scientific) Name: Antelope Bitterbrush - Wax Currant Shrubland Alliance Colloquial Name: Antelope Bitterbrush - Wax Currant Shrubland Hierarchy Level: Alliance Type Concept: This shrubland alliance is found on gentle to very steep slopes in the foothills and mountains in the Colorado Front Range. Shrublands included in this alliance are characterized by a Purshia tridentata- or Ribes cereum-dominated shrub canopy. Artemisia frigida is the most constant shrub associate. Arctostaphylos uva-ursi, Artemisia tridentata ssp. vaseyana, Ceanothus fendleri, Chrysothamnus viscidiflorus, Ericameria nauseosa, Jamesia americana, Juniperus communis, Prunus virginiana, Rhus trilobata, and Rubus deliciosus are sometimes present. Scattered trees such as Juniperus scopulorum, Pinus ponderosa, and Pseudotsuga menziesii may be present at low covers. Graminoids are the most common herbaceous dominants, the most constant being Hesperostipa comata, Leymus ambiguus, and Muhlenbergia montana. Other common herbaceous associates include Achillea millefolium, Achnatherum scribneri, Antennaria sp., Artemisia ludoviciana, Astragalus sp., Bouteloua gracilis, Chenopodium leptophyllum, Cryptantha virgata, Elymus albicans, Erigeron spp., Geranium caespitosum, Harbouria trachypleura, Helianthus pumilus, Heterotheca villosa, Penstemon virens, Phacelia heterophylla, Potentilla fissa, Scutellaria brittonii, and Symphyotrichum falcatum. Sites where found are exposed, steep (30-90% slope) mountain slopes with southerly aspects on the eastern slopes of the Front Range, from 1700 to 2800 m in elevation. These sites are typically too xeric to support extensions of the surrounding coniferous forests. Parent materials are colluvial and residual metamorphic rocks. Diagnostic Characteristics: broad-leaved semi-evergreen shrublands of steep canyons and mountain slopes dominated by Purshia tridentata or Ribes cereum. Shrub cover may range from sparse to open. Rationale for Nominal Species or Physiognomic Features: Classification Comments: This alliance is very narrowly defined and may be better included in a Cercocarpus montanus alliance as the range is overlapping. The inclusion of Ribes cereum is tentative here since it occupies steeper, talus slope environments than those of the other associations, but has some floristic and geographic overlap. Similar NVC Types: -Vegetation Physiognomy and Structure: These are typically moderately dense to open (15-40% cover) microphyllous evergreen (or late cold- deciduous) shrublands with the dominant shrubs varying from 0.5-3 m in height. Maximum shrub height generally decreases with latitude and altitude, reaching a minimum in subalpine stands. A second tier of microphyllous evergreen or cold-deciduous shrubs may be present. Cespitose graminoids are typical herbaceous associates and may strongly dominate the ground layer. Some regional variants may have a substantial forb component as well. Lichens and mosses may cover the ground surface in good-condition stands. Floristics: Shrublands included in this alliance are characterized by a Purshia tridentata- or Ribes cereum-dominated shrub canopy. Canopies are 1-2 m tall and total cover ranges from 15-40%. Other shrubs are poorly represented, but Artemisia frigida is the most constant shrub associate. Arctostaphylos uva-ursi, Artemisia tridentata ssp. vaseyana, Ceanothus fendleri, Chrysothamnus viscidiflorus, Ericameria nauseosa (= Chrysothamnus nauseosus), Jamesia americana, Juniperus communis, Prunus virginiana, Rhus trilobata, and Rubus deliciosus are sometimes present. Scattered trees such as Juniperus scopulorum, Pinus ponderosa, and Pseudotsuga menziesii may be present at low covers. The herbaceous layer is dominated by perennial graminoids ~0.5-m tall, the most constant species being Hesperostipa comata, Leymus ambiguus, and Muhlenbergia montana. Other common herbaceous associates include Achillea millefolium, Achnatherum scribneri (= Stipa scribneri), Antennaria sp., Artemisia ludoviciana, Astragalus sp., Bouteloua gracilis, Chenopodium leptophyllum, Cryptantha virgata, Elymus albicans, Erigeron spp., Geranium caespitosum, Harbouria trachypleura, Helianthus pumilus, Heterotheca villosa, Penstemon virens, Phacelia heterophylla, Potentilla fissa, Scutellaria brittonii, Symphyotrichum falcatum. Dynamics: Sawyer and Keeler-Wolf (1995) report that stands of Purshia tridentata can reach 125 years of age on deep, well-drained sites, but more commonly become decadent at 30 years, and die at 40-50 years of age. Stands appear to result from either a disturbance event (such as fire), or from rare years when many seedlings survive. This results in even-aged stands (Sawyer and Keeler-Wolf 1995). Purshia tridentata displays considerable plasticity in growth across its range. The broad range in height and form of different populations appears to be related to ecotypic variation (Mozingo 1987). Although mycorrhizae are considered important in establishment and growth of individual plants, Purshia tridentata is one of the first species to colonize barren volcanic substrates following eruption. The species is valuable as winter browse for native ungulates and livestock and is used extensively. Moderate livestock utilization (<60% of the year's current growth) has been reported to stimulate twig growth the following spring (Mueggler and Stewart 1980). -Environment Environmental Description: Most of the region where this alliance occurs is arid to semi-arid with annual precipitation ranging from 15 to 75 cm. The entire range is under a continental temperature regime of cold winters, cool to warm summers and large diurnal variation. These shrublands are found on exposed, steep (30-90% slope) mountain slopes with southerly aspects on the eastern slopes of the Front Range (Hess 1981). Elevations range from 1700 to 2800 m. These sites are typically too xeric to support extensions of the surrounding coniferous forests. Parent materials are colluvial and residual metamorphic rocks which have developed into soils classified as Entisols. These soils are poorly developed and rocky, with loamy and sandy textures, and shallow A horizons over rocky C horizons. The soil surface is also moderately rocky. -Distribution Geographic Range: This alliance is currently known from the eastern Front Range of Colorado. Nations: US States/Provinces: CO CEGL000199 Pinus ponderosa / Ribes cereum Forest The U.S. National Vegetation Classification Link to NatureServe Explorer Type Concept Sentence: -Overview Common (Translated Scientific) Name: Ponderosa Pine / Wax Currant Forest Colloquial Name: Hierarchy Level: Association Type Concept: These montane evergreen stands are common on the eastern side of the Continental Divide in Rocky Mountain National Park between 2200 and 2840 m (7215-9300 feet) elevation. They often occur on the southern flank of lateral moraines and on other dry, south-facing slopes at pitches that are moderate to somewhat steep (10-49%). Soils are rapidly drained loamy sands derived from granitic parent material. Exposed bedrock, boulders, and small rocks can make up 10-25% of the ground surface within the stand, and another 25-75% of the ground is covered in long needle litter and duff. Pinus ponderosa var. scopulorum forms an open canopy within this association. Trees reach between 10 and 20 m in height with areal coverage of 20-40%. In addition to Pinus ponderosa var. scopulorum, scattered individuals of Pseudotsuga menziesii can contribute up to 10% cover, and Pinus contorta var. latifolia, Pinus flexilis, and Juniperus scopulorum can be found in low concentrations. The association is defined by a consistent yet inconspicuous shrub layer dominated by Ribes cereum that covers only 20% of the surface area within the stand. The shrubs generally grow between 0.5-1 m tall and are dispersed throughout the stand. Several other shrub species can occur, but all with <5% cover. These species include Arctostaphylos uva-ursi, Ceanothus fendleri, Juniperus communis var. montana, Mahonia repens, Prunus virginiana var. melanocarpa, Purshia tridentata, and Rubus deliciosus. Herbaceous cover within the association can be variable. Some stands have up to 50% cover of dry montane graminoids such as Muhlenbergia montana and Carex rossii; other stands have only 10% herbaceous cover with a heavy litter layer blanketing the understory. Common forbs, nearly always found in trace amounts, include Antennaria spp., Artemisia ludoviciana, Draba spp., Eriogonum umbellatum var. umbellatum, Geranium caespitosum var. caespitosum, Potentilla fissa, Potentilla hippiana, Sedum lanceolatum ssp. lanceolatum, and Thermopsis divaricarpa. The invasive grasses Bromus tectorum and Poa pratensis have also been found in trace amounts within stands of this association. Diagnostic Characteristics: No Data Available Rationale for Nominal Species or Physiognomic Features: Classification Comments: This association is only known from Rocky Mountain National Park. It is not recognized as a separate habitat type in any U.S. Forest Service classifications. It was first classified as Xeric Foothill Woodland by Peet (1981) because of high constancy of Ribes cereum and Rubus deliciosus, although Purshia tridentata is frequently present but at lower cover. This association bears a remarkable resemblance to Pinus ponderosa var. scopulorum / Purshia tridentata Southern Rocky Mountain Woodland (CEGL005647), which is relatively mesic with a shrub layer dominated by Purshia tridentata but has a similar mix of shrub species and could be treated within the variability of that type. Similar NVC Types: Pinus ponderosa var. scopulorum / Purshia tridentata Southern Rocky Mountain Woodland, note: -Vegetation Physiognomy and Structure: No Data Available Floristics: Pinus ponderosa var. scopulorum forms an open canopy within this association. Trees reach between 10 and 20 m in height with areal coverage of 20-40%. In addition to Pinus ponderosa var. scopulorum, scattered individuals of Pseudotsuga menziesii can contribute up to 10% cover, and Pinus contorta var. latifolia, Pinus flexilis, and Juniperus scopulorum can be found in low concentrations. The association is defined by a consistent yet inconspicuous shrub layer dominated by Ribes cereum and Rubus deliciosus that covers only 20% of the surface area within the stand. The shrubs generally grow between 0.5-1 m tall and are dispersed throughout the stand. Several other shrub species can occur, but all with <5% cover. These species include Arctostaphylos uva-ursi, Ceanothus fendleri, Juniperus communis var. montana, Mahonia repens, Prunus virginiana var. melanocarpa, Purshia tridentata, and Rubus deliciosus. Herbaceous cover within the association can be variable. Some stands have up to 50% cover of dry montane graminoids such as Muhlenbergia montana and Carex rossii; other stands have only 10% herbaceous cover with a heavy litter layer blanketing the understory. Common forbs, nearly always found in trace amounts, include Antennaria spp., Artemisia ludoviciana, Draba spp., Eriogonum umbellatum var. umbellatum, Geranium caespitosum var. caespitosum, Potentilla fissa, Potentilla hippiana, Sedum lanceolatum ssp. lanceolatum, and Thermopsis divaricarpa. The invasive grasses Bromus tectorum and Poa pratensis have also been found in trace amounts within stands of this association. Dynamics: No Data Available -Environment Environmental Description: These foothill to lower montane evergreen woodland are common on the eastern side of the Continental Divide between 2200 and 2840 m (7215-9300 feet) elevation. Within the glacial-carved landscape of Rocky Mountain National Park, they often occur on the southern flank of lateral moraines and on other dry, south-facing slopes at pitches that are moderate to somewhat steep (10-49%). Soils are rapidly drained loamy sands derived from granitic parent material. Exposed bedrock, boulders, and small rocks can make up 10-25% of the ground surface within the stand, and another 25-75% of the ground is covered in long needle litter and duff. -Distribution Geographic Range: This association is known from Rocky Mountain National Park in north-central Colorado. Nations: US States/Provinces: CO CEGL000877 Pinus ponderosa / Rockland Woodland The U.S. National Vegetation Classification Link to NatureServe Explorer Type Concept Sentence: -Overview Common (Translated Scientific) Name: Ponderosa Pine / Rockland Woodland Colloquial Name: Hierarchy Level: Association Type Concept: This sparse Pinus ponderosa woodland occurs on extensive bedrock outcrop substrate in the southern Rocky Mountains from northern Colorado south to New Mexico and Arizona. It occurs over exposures of sandstone, basalt or granite on gentle to steep slopes (10-60%) with primarily south-facing aspects, although it can occur on other aspects provided the bedrock substrate is present. Elevation range for this association is from 2000 to 2760 m (6560-9040 feet). Soils are shallow (<10 cm) and restricted to joints in bedrock outcrops. The sparse canopy is dominated by Pinus ponderosa with up to 50% cover. Trees are often stunted and grow from rock fissures. Pseudotsuga menziesii, Juniperus osteosperma, Juniperus scopulorum, Pinus edulis, or Pinus strobiformis may be present as associates. Natural regeneration of canopy species tends to be very slow. Shrub and herb layers are variable and sparse. Shrubs tend to occur in scattered patches between boulders and bedrock. Species can include Amelanchier spp., Quercus gambelii, Quercus grisea, Arctostaphylos uva-ursi, Cercocarpus montanus, Fallugia paradoxa, Jamesia americana, Juniperus communis, Purshia tridentata, Ribes cereum, Symphoricarpos oreophilus, or Yucca spp. Herbaceous cover is likewise patchy. Muhlenbergia montana occurs with highest constancy. Additional graminoids include Muhlenbergia straminea, Festuca arizonica, Elymus arizonicus, Calamagrostis purpurascens, Carex geophila, Bouteloua curtipendula, Blepharoneuron tricholepis, Poa fendleriana, and Schizachyrium scoparium. Forbs are variable but can be diverse. In addition to the sparse Pinus ponderosa canopy, exposed bedrock is diagnostic for this association and can have from 50-90% cover. Lichen and moss growing on exposed bedrock can be extensive. Diagnostic Characteristics: Exposed rock outcroppings or very shallow (<10 cm [4 inches] deep); soil comprises 50-90% of the surface. Understory species are scarce and trees include Pinus ponderosa, Pinus edulis, and/or Juniperus spp. Rationale for Nominal Species or Physiognomic Features: Classification Comments: No Data Available Similar NVC Types: -Vegetation Physiognomy and Structure: No Data Available Floristics: The sparse canopy of this rock outcrop woodland is dominated by Pinus ponderosa with 10-50% cover. Trees are often stunted and grow from rock fissures. Pseudotsuga menziesii, Pinus strobiformis, Juniperus scopulorum, Juniperus osteosperma, or Pinus edulis may be present as associates. Natural regeneration of canopy species tends to be very slow because of the lack of suitable germination sites. Shrub and herb layers are variable and sparse. Shrubs tend to occur in scattered patches between boulders and bedrock. Species can include Amelanchier spp., Artemisia tridentata, Symphoricarpos oreophilus, Quercus gambelii, Quercus grisea, Arctostaphylos uva-ursi, Cercocarpus montanus, Fallugia paradoxa, Jamesia americana, Juniperus communis, Purshia tridentata, Ribes cereum, or Yucca spp. Herbaceous cover is likewise patchy. Muhlenbergia montana occurs with highest constancy. Additional graminoids include Muhlenbergia straminea (= Muhlenbergia virescens), Festuca arizonica, Elymus arizonicus (= Agropyron arizonicum), Calamagrostis purpurascens, Carex geophila, Bouteloua curtipendula, Blepharoneuron tricholepis, Poa fendleriana, Elymus elymoides, and Schizachyrium scoparium. Forbs are variable but can be diverse. Species can include Solidago spp., Artemisia ludoviciana, Geranium spp., Heterotheca villosa, Sedum lanceolatum, Arenaria congesta, Petradoria pumila, Packera fendleri, and Potentilla fissa. In addition to the sparse Pinus ponderosa canopy, exposed bedrock is diagnostic for this association and can have from 50-90% cover. Lichen and moss growing on exposed bedrock can be extensive. Dynamics: No single fire regime characterizes this association. Extensive rock outcrops and low fuel loading due to sparse vegetation prevent widespread fires from occurring. However, individual trees may be scarred from repeated lightning strikes and/or surface fires. -Environment Environmental Description: This sparse Pinus ponderosa woodland occurs over extensive bare rock outcrops on gentle to steep slopes (10-60%) with primarily south-facing aspects, although it can occur on other aspects provided the bedrock substrate is present. Elevation ranges from 2000 to 2760 m (6560-9040 feet). Soils are shallow (<10 cm) and restricted to crevices in bedrock outcrops. The exposed substrate may be granite, sandstone, basalt or quartzite. Up to 90% the ground surface is sandstone slabs and large rocks and boulders, although the rock may be obscured by pine needle litter. In addition to the sparse Pinus ponderosa canopy, exposed bedrock is diagnostic for this association. -Distribution Geographic Range: This Pinus ponderosa woodland on bedrock outcrop substrate occurs in the southern Rocky Mountains from northern Colorado and Utah south to New Mexico and Arizona. Nations: US States/Provinces: AZ, CO, NM, UT CEGL005647 Pinus ponderosa var. scopulorum / Purshia tridentata Southern Rocky Mountain Woodland The U.S. National Vegetation ClassificationLink to NatureServe Explorer Type Concept Sentence: -Overview Common (Translated Scientific) Name: Ponderosa Pine / Antelope Bitterbrush Southern Rocky Mountain Woodland Colloquial Name: Hierarchy Level: Association Type Concept: This Pinus ponderosa woodland occurs in montane zones in the Rocky Mountains and in sheltered canyons and high plateaus in the Colorado Plateau, from Colorado and Utah. Stands tend to occupy south-facing, moderate to somewhat steep slopes (10- 49%) in the Rockies, whereas Colorado Plateau stands prefer northern and eastern slopes and benches. Elevations range from 2165 to 2760 m (7100-9040 feet). Soils are relatively deep, mesic, well-drained sandy loams or loamy sands derived from sandstone, granite, colluvium or alluvium. Ground cover of litter and duff is often significant (30-60%). This Pinus ponderosa woodland is strongly dominated by Pinus ponderosa var. scopulorum, often in open stands (10-40% cover) 10 to 35 m tall. Pseudotsuga menziesii, Juniperus scopulorum, Pinus edulis, and Populus tremuloides are common associates. The shrub layer is characterized and dominated by Purshia tridentata, although cover may be as low as 1% in sparsely vegetated stands. Additional species include Quercus gambelii (<10% cover), Arctostaphylos uva-ursi, Artemisia bigelovii, Artemisia tridentata, Mahonia repens, Ribes cereum, and Juniperus communis. The herbaceous layer is inversely proportional to shrub cover and is dominated by graminoids, especially Muhlenbergia montana. Additional graminoids include Bouteloua gracilis, Carex geyeri, Carex rossii, Danthonia parryi, Poa fendleriana, Pseudoroegneria spicata, Hesperostipa comata, Leucopoa kingii, and Festuca idahoensis. Forbs are present and often diverse but have low cover. Forb composition largely depends on geographic region but often includes Achillea millefolium var. occidentalis, Antennaria spp., Artemisia ludoviciana, Eriogonum racemosum, Penstemon virens, and Sedum lanceolatum, among many others. Bare ground and needle duff can be prevalent in some stands. Diagnostic Characteristics: No Data Available Rationale for Nominal Species or Physiognomic Features: Classification Comments: Taxonomists (Kartesz 1999) recognize two varieties of Pinus ponderosa, a Pacific form, Pinus ponderosa var. ponderosa, and an interior form, Pinus ponderosa var. scopulorum. This association is dominated by Pinus ponderosa var. scopulorum. Similar NVC Types: Pinus ponderosa - Pseudotsuga menziesii / Purshia tridentata Woodland, note: Pinus ponderosa / Purshia tridentata / Festuca idahoensis Woodland, note: Pinus ponderosa / Artemisia tridentata - Purshia tridentata Woodland, note: occurs on pumice soils in eastern Oregon. Pinus ponderosa / Purshia tridentata / Pseudoroegneria spicata Woodland, note: Pinus ponderosa / Purshia tridentata / Achnatherum hymenoides Woodland, note: Pinus ponderosa / Ribes cereum Forest, note: Pinus ponderosa / Purshia tridentata / Carex rossii Woodland, note: Pinus ponderosa / Purshia tridentata Central Rocky Mountain Woodland, note: -Vegetation Physiognomy and Structure: No Data Available Floristics: This Pinus ponderosa woodland is strongly dominated by Pinus ponderosa var. scopulorum, often in open stands (10-40% cover) 10 to 35 m tall. Pseudotsuga menziesii, Juniperus scopulorum, Pinus edulis, and Populus tremuloides are common associates. The shrub layer is characterized and dominated by Purshia tridentata, although cover may be as low as 1% in sparsely vegetated stands. Additional species include Quercus gambelii (<10% cover), Arctostaphylos uva-ursi, Artemisia bigelovii, Artemisia tridentata, Mahonia repens, Ribes cereum, and Juniperus communis. The herbaceous layer is inversely proportional to shrub cover and is dominated by graminoids, especially Muhlenbergia montana. Additional graminoids include Bouteloua gracilis, Carex geyeri, Carex rossii, Danthonia parryi, Poa fendleriana, Pseudoroegneria spicata, Hesperostipa comata, Leucopoa kingii, and Festuca idahoensis. Forbs are present and often diverse but have low cover. Forb composition largely depends on geographic region but often includes Achillea millefolium var. occidentalis (= Achillea lanulosa), Antennaria spp., Artemisia ludoviciana, Eriogonum racemosum, Penstemon virens, and Sedum lanceolatum, among many others. Bare ground and needle duff can be prevalent in some stands. Dynamics: Purshia tridentata is important browse for wildlife and livestock. It is shade-intolerant and an early colonizer (Zlatnik 1999). It is killed by fire, although reinvades quickly (Daubenmire and Daubenmire 1968). Stands in the Colorado Plateau would not carry fire well because they are typically sparsely vegetated. Fire in denser stands would likely result in removal of ponderosa pine canopies and result in the possible formation of a mixed shrub or shrub-herbaceous community. -Environment Environmental Description: This Pinus ponderosa woodland occurs in montane zones in the Rocky Mountains and in sheltered canyons and high plateaus in the Colorado Plateau. Stands tend to occupy south-facing, moderate to somewhat steep slopes (10-49%) in the Rockies, whereas Colorado Plateau stands prefer northern and eastern slopes and benches. Elevations range from 2165 to 2760 m (7100-9040 feet). Soils are relatively deep, mesic, well-drained sandy loams or loamy sands derived from sandstone, granite, colluvium or alluvium. Ground cover of litter and duff is often significant (30-60%). -Distribution Geographic Range: This Pinus ponderosa woodland occurs in montane zones in the western United States from Colorado and Utah. Nations: US States/Provinces: CO, UT Thumb Property Baseline Biological Report 51 Appendix D: Photo Log Thumb Property Baseline Biological Report 52 PHOTOS Photo 1. A3731 Antelope Bitterbrush - Wax Currant Shrubland. Photo 2. A3454 Southern Rocky Mountain Douglas-fir Forest & Woodland. Thumb Property Baseline Biological Report 53 PHOTOS Photo 3. CEGL000199 Ponderosa Pine / Wax Currant Forest. Photo 4. CEGL000877 Ponderosa Pine / Rockland Woodland. Thumb Property Baseline Biological Report 54 PHOTOS Photo 5. CEGL005647 Ponderosa Pine / Antelope Bitterbrush Southern Rocky Mountain Woodland. Photo 6. Potentilla hippiana var. effusa x Potentilla rupincola hybrid plant found at the Thumb Property. Thumb Property Baseline Biological Report 55 PHOTOS Photo 7. Potentilla hippiana var. effusa x Potentilla rupincola leaves of a plant found on the Thumb Property. Photo 8. P. denticulata plant found at the Thumb Property. Thumb Property Baseline Biological Report 56 PHOTOS Photo 9. P. denticulata plant found at the Thumb Property. Photo 10. Potential nesting area on Thumb Rock that is occupied by ravens and rock doves . Thumb Property Baseline Biological Report 57 PHOTOS Photo 11. Potential nesting area on unnamed rock on west side of property. Photo 12. Potential nesting area on rock outcrop on the south side of the Thumb Property . Thumb Property Baseline Biological Report 58 Appendix E: Noxious Weed Information List C Key ID Points 1. Downy leaf blades, sheaths, ligules 2. Glumes are unequal size, lemmas are downy 3. One-sided panicle that droops, red-purple during seed set & senescence 4. Fibrous roots C heatgrass (Bromus tectorum L.) is a winter annual grass in the Poaceae family, also known as downy brome. Mature plants reach up to 24 inches tall. The stems are smooth but the leaf blades and sheath are hairy (downy). The ligules are fringed, short and membra- nous. The culms range from five to 90 cm long, can be prostrate or vertical, and have fine short hairs. Its fibrous roots can be up to 60 inches long, but the majority of root biomass is within first 12 inches of the soil surface. Roots are efficient at absorbing soil moisture, allowing cheatgrass to grow quickly early in season, while other plants are still dormant. Green up can occur twice per season. Cheatgrass has an unique spectral signature during seed set and senescence when it turns reddish purple. During these shoulder growing season events, it is easily detectable from other vegetation with satellite imagery. The flower is a simple one-sided panicle that characteristically flops over and hangs, branches and is open. Spikelets are usually terminal. Usually there are five to many florets; it has perfect flow- ers. The upper and lower glumes are usu- ally unequal in length and shorter than florets; the lower glume ranges from 4 to 14 mm in length and is one veined. The upper glume is three-veined. The plant disarticulates above the glumes. The lemmas are usually downy, narrowly lanceolate with sharp tips and about 9 to 12 mm long. Usually there are five to many lemmas. Awns are usually pres- ent and range from 10 to 18 mm long. It is a prolific seed producer, capable of two seed crops per season. Seeds need to be buried in soil or litter and have fall moisture to germinate. The fall seed crop has greater reproductive success than spring. Seeds lack dispersal anatomy so fall close to parent plants but transport readily with animals, people and equip- ment. Seed longevity is about three years. Both inbreeding and cross breed- ing occur. Cheatgrass is one of the most com- petitive non-natives in the Western US. It thrives in arid, semi arid, and cold environments. Colorado’s high eleva- tion range is not an issue for cheatgrass; plants were recently detected as high as 9,500 feet. It exhibits phenotypic plastic- ity and genetic diversity, making it high- ly adaptable to a variety of conditions, likely due to multiple introductions. Its presence has significant negative impacts throughout the West. Most no- tably, it alters fire regimes and thus engineers a posi- tive fire feedback loop that favors its growth over other plants. This feedback loop is why cheatgrass forms monocultures throughout the West. It is often confused with Japanese brome (Bromus ja- ponicus), which has denser more compact spikelets, shorter awns, and changes from green to gold through the growing season. Ch e a t g r a s s Br o m u s t e c t o r u m L . Cheatgrass Identification and Management © Leslie J. Mehrhoff, University of CT © Veronika Johansson, iNaturalist © Priyantha Wijesinghe, iNaturalist ©James Bailey, iNaturalist Rev. 2/19 Colorado Department of Agriculture - Conservation Services 305 Interlocken Parkway Broomfield, CO 80021 (303) 869-9030 www.colorado.gov/ag/weeds List C Ch e a t g r a s s Br o m u s t e c t o r u m L . Integrated Weed Management Recommendations Effective integrated management means using a variety of eradication methods in the same site along with restoration, prevention of seed production and dispersal, and monitoring. Maintain robust healthy native landscapes. Restore degraded sites. Avoid soil disturbance. Prevent seed production and seed dispersal, e.g. on contaminated equipment. Rest sites until restored. Modify land use practices. Use methods appropriate for the site, including land use practices. MECHANICAL Mechanical methods are best for residential areas and small infestations. Mowing and chopping are not recommeded; they leave roots behind, stimulate flower production, disperse seeds, and expand the size of the infested area. Collect, bag, and dispose of or destroy flowers; seeds can mature and germinate if left. Tilling must be deeper than 6 inches to work. Prescribed fire applied before seed maturity, (late spring or early summer), may kill seeds; the trick is to get green cheatgrass and litter to carry fire and at a hot enough temperature to destroy seeds and seedlings. Always combine prescribed fire with cultural methods, timed appropriately, and base it on site conditions and other plants present. Monitoring and adaptive management are critical if prescribed fire is used as a tool for control. CHEMICAL Pseudomonas fluorescens D7 inhibits cheatgrass and is currently approved by EPA and Colorado. NOTE: Herbicide recommendations to control cheatgrass in pastures and rangeland are found at: https://goo.gl/ TvWnv9. Rates are approximate and based on equipment with an output of 30 gal/acre. Follow the label for exact rates. Consult local turf and ornamental experts for residential settings. Always read, understand, and follow the label directions. The herbicide label is the LAW! BIOLOGICAL Sheep and cattle will select green cheatgrass which also affects desired cool-season grasses. Properly managed grazing can improve vigor of desired species and directly reduce cheatgrass. Post-fire grazing management varies depending on site potential and objectives. Currently there are no biological control agents for cheatgrass authorized in Colorado. For more biocontrol information, visit the Colorado Department of Agriculture’s Palisade Insectary website at: www.colorado.gov/ag/biocontrol CULTURAL Biological soil crust is a soil health indicator of arid and semi arid sites; crusts inhibit cheatgrass seed germination. Aerial spread and cultivate soil crust where it is absent. Aerial and drill seeding bluebunch wheatgrass (Pseudoroegneria spicata) and Sandberg bluegrass (Poa secunda) with vesicular-arbuscular mycorrhizae; these are drought tolerant natives that are highly competitive against cheatgrass but require mycorrhizae. As these grasses establish and cheatgrass wanes slowly introduce additional species such as thickspike wheatgrass (Elymus lanceolatus), winterfat (Krascheninnikovia lanata), yarrow (Achillea millefolium) in the plant interspaces in subsequent years. Be cautious when purchasing seed as cheatgrass is often a contaminate, especially in mixes. Use seed pillows to disperse seeds. © Stacy Litz, Associated Press © Bureau of Land Management© Martin Bernetti, Associated Press © Helena Weed Control, Rocky Mountain Elk Foundation Photos © All Photos from Kelly Uhing, Department of Agriculture; Except Bottom left Mary Ellen (Mel) Harte, United States 1 C o m m o n m u l l e i n Identification and Impacts C ommon mullein (Verbascum thapsu s) is a biennial forb native to Europe and Asia. The first year of the plant it produces a basal rosette. Basal rosettes can grow to 30 inches in diameter. The leaves are light-green in color and are covered in fine soft hairs. The woolly leaves are alternate and overlapping each other and can grow over a foot long. In spring of the second year the plant bolts an erect stem, that grows 2 to 6 feet tall. The flowers of the plant are borne in terminal spikes. These terminal spikes may reach up to 20 inches in length. The flowers are sulfur-yellow in color and have five petals. The flowers range from 3/4 of an inch to 1 1/2 inches in diameter. Numerous two chambered fruits produce 100,000 to 250,000 seeds per plant. Flowering and seed production typical occur from June to August. The plant has a deep taproot along with a fiberous root system. H abitats for Common mullein are roadsides, waste places, right- of-ways, pastures, hay fields, and abandoned lands. It prefers gravelly soil types, but can grow in other soil types. Livestock will avoid eating Key ID Points V e r b a s c u m t h a p s u s Identification and Management Common mullein, due to the hairy leaves of the plants. The plants were originally introduced as a medicinal plant. The Europeans used the flowers for tea, and the leaves for many remedies like burns and rashes. Both the Europeans and the Indians smoked the dried leaves to treat bronchitis. T he key to effective control of Common mullein is preventing the production of seeds. This plant is difficult to control due to the large amount of seed produced and seed bank left in the soil. Mechanical, cultural, biological and chemical treatments can be successful if utilized together in an integrated weed management plan. Details on the back of this sheet can help to create a management plan compatible with your site ecology. C ommon mullein is designated as a “List C” species on the Colorado Noxious Weed Act. It is required to be either eradicated, contained, or suppressed depending on the local jurisdictions managing this species. For more information, visit www.colorado.gov/ag/weeds or call the State Weed Coordinator at the Colorado Department of Agriculture, Conservation Services Division, 303-239-4100. List C Species Rangeland, pasture, and riparian site recommendations Updated on: 08/09 CULTURAL Cultural control can be effective in assistance with other treatment options. Once the parent plants have been removed, cultivating the area with desirable grasses and forbs may outcompete Common mullein seedlings. For specific seed recommendations contact your local Natural Resources Conservation Services for seed mixes. BIOLOGICAL Gymnetron tetrum, a seed eating weevil, biological control has been found in eastern Washington State and is currently working on populations there. The weevil has not yet been approved for use in Colorado. Contact the Palisade Insectary of the Colorado Department of Agriculture at 970-464-7916 for more information. MECHANICAL Hand pull or dig when soil is moist, prior to flowering and seed production can be effective. If flowers are present, bag specimens carefully so as not to scatter any potential seeds. The key to effective control is to prevent seed production and/or spread. Photos © Top to Bottom; Kelly Uhing, Colorado Department of Agriculture; Whitney Cranshaw, Colorado State University, Bugwood.org; Kelly Uhing, Colorado Department of Agriculture C o m m o n m u l l e i n Integrated Weed Management: Preventing the establishment and the seed production of Common mullein is key to controlling populations. If the population is established, using a combination of cultural, chemical, biological and mechanical treatments can aid in suppressing population size. Since plants produce thousands of seed treatments need to occur over an extended period of time. ht t p : / / w w w . c o l o r a d o . g o v / a g / w e e d s HERBICIDES NOTE: The following are recommendations for herbicides that can be applied to range and pasturelands. Rates are approximate and based on equipment with an output of 30 gal/acre. Please read label for exact rates. Always read, understand, and follow the label directions. The herbicide label is the LAW! HERBICIDE RATE APPLICATION TIMING Chlorsulfuron (Telar XP) 1-3 oz/acre Apply to rosette stages in spring or fall prior to bolting. Add non-ionic surfactant @ 0.32 oz/gal water or 1 pt/100 gal water. 2,4-D Picloram (Grazon P+D *this is a Restricted Use Pesticide*) 4 pts/acre Apply to rosette stages in spring or fall prior to bolting. Add non-ionic surfactant @ 0.32 oz/gal water or 1 pt/100 gal water. DO NOT apply near trees/shrubs/high water table. Picloram (Tordon 22K *this is a Restricted Use Pesticide*) 1-2 qts/acre Apply to rosette stages to early growth stages in spring or fall. Add non-ionic surfactant @ 0.32 oz/gal water or 1 pt/100 gal water. DO NOT Apply near trees/shrubs/high water table. Metsulfuron (Cimmaron)1.0 oz/acre Apply to rosette stages in spring or fall. Add non-ionic surfactant @ 0.32 oz/gal water or 1 pt/100 gal water. M a n a g e m e n t R e c o m m e n d a t i o n s 2 Integrated Weed Management recommendations List C Species Clockwise, from lower left, photos © John M. Randall of The Nature Conservancy; and Linda Wilson and Susan Turner of Invasive.org. Infesta- tion map by Crystal Andrews, Colorado Department of Agriculture. Updated on:  D a l m a t i a n t o a d f l a x Showy yellow snapdragon-like flowers with an orange throat on elongated racemes. Thick, waxy, bluish heart- shaped leaves that wrap the stem. 1. 2. Identification and Impacts D almatian toadflax (Linaria dalmatica) is a non-native, perennial forb introduced from the Mediterranean region as a folk remedy, fabric dye and ornamental. It reproduces both by seed and by extensive, creeping rhizomes. A single plant produces 500,000 seeds, most of which fall within 18 inches of the parent plant. Seeds can remain viable for at least 10 years. Dalmatian toadflax grows to 3 feet, and has bright yellow snapdragon-like flowers with an orange throat on elongated racemes. The alternate leaves are broad, with a thick, waxy cuticle and a bluish cast. Each leaf is heart-shaped and wraps the stem. H abitats for Dalmatian toadflax include disturbed open sites, fields, pastures, rangeland, roadsides, cropland and forest clearings. Infestations can begin in small disturbed sites, then spread even to rangeland and wildlife habitats in excellent condition. Dalmatian toadflax is a highly aggressive plant that can genetically adapt to varied environmental conditions and herbicide controls. Its extreme competitiveness is due to early spring regeneration from vegetative buds on roots that are not dependent on soil moisture or native plant competition. Once established, toadflax quickly overruns native plants and becomes Key ID Points L i n a r i a d a l m a t i c a Dalmatian toadflax Identification and Management a monoculture that severely reduces forage, productivity, biodiversity and wildlife habitat. T he key to effective control of Dalmatian toadflax is prevention and integrating as many management strategies as possible. Prevention is always desirable when dealing with Dalmatian toadflax. Early detection and eradication can keep populations from exploding, making more management options available. With the plants varying genetically using many different approaches is important such as; chemical, mechanical, cultural and biological methods. Details on the back of this sheet can help to create a management plan compatible with your site ecology. D almatian toadflax is designated as a “List B” species in the Colorado Noxious Weed Act. It is required to be either eradicated, contained, or suppressed depending on the local infestations. For more information visit www.colorado. gov/ag/csd and click on the Noxious Weed Management Program. Or call the State Weed Coordinator at the Colorado Department of Agriculture, Conservation Services Division, 303-239-4100. List B Species Rangeland, pasture, and riparian site recommendations CULTURAL It is imperative to seed managed areas with competitive grasses such as thickspike wheatgrass and streambank wheatgrass. The combination of herbicide spraying and seeding competitive grasses controls Dalmatian toadflax better than spraying alone. (K.G. Beck, CSU) BIOLOGICAL Calophasia lunula, a predatory noctuid moth, feeds on leaves and flowers of Dalmatian toadflax. Eteobalea intermediella, a root boring moth, and Mecinus janthinus, a stem boring weevil, are also available. For more information, contact the Palisade Insectary of the Colorado Department of Agriculture at 970-464-7916. MECHANICAL For small infestations, pulling toadflax by hand can be effective. Pull every year for 5 to 6 years to deplete the reserves of the root system. Monitor the site for 10 - 15 years to remove seedlings produced from dormant seeds. Top photo, © Kelly Uhing, Colorado Department of Agriculture. Calophasia lunula larva photo © Bob Richard, USDA APHIS, Invasive.org. Handpulling toadflax photo © Lake Tahoe Environmental Education Coalition. D a l m a t i a n t o a d f l a x Integrated Weed Management: Because of the high genetic variability of the toadflax species, it is critical to integrate as many management strategies as possible into the control program. Two local populations may respond differently to the same herbicides. Keys to management are to prevent seed formation and vegetative spread by roots. Controlling toadflaxes is expensive and difficult, prevention is the best option. ht t p : / / w w w . c o l o r a d o . g o v / a g / c s d HERBICIDES NOTE: The following are recommendations for herbicides that can be applied to range and pasturelands. Rates are approximate and based on equipment with an output of 30 gal/acre. Please read label for exact rates. Always read, understand, and follow the label directions. The herbicide label is the LAW! HERBICIDE RATE APPLICATION TIMING Picloram (Tordon 22K) *Avoid spraying near trees and/or water 2-4 pints/acre Apply when flowering in spring and/or in the fall. Add non-ionic surfactant @ 0.32oz/gal water or 1 qt/100 gal water. Chlorsulfuron (Telar)2-3 oz./acre Apply at flower stage in spring and/or in the fall. Add non-ionic surfactant @ 0.32 oz/gal. water or 1 qt./100 gal. water. 2,4-D + Dicamba (Rangestar) 2 qt. + 2 qt/ acre Apply during pre-bloom to flower stage in spring. Add non-ionic surfactant @ 0.32 oz/ gal. water or 1 qt/100gal water. Retreatment is required for several years. M a n a g e m e n t R e c o m m e n d a t i o n s Integrated Weed Management recommendations List B Species List B Key ID Points 1. Cluster of 1-5 white to purple flowers on a stem. 2. Floral bracts are spineless. 3. Small flowers that are 1 cm in diameter. 4. Perennial, rhizomatous plant with spiny, oblong, green leaves. C anada thistle (Cirsium arvense) is a non-native, deep-rooted perennial that spreads by seeds and aggressive creeping, horizontal roots called rhizomes. Canada thistle can grow 2 to 4 feet in height. The leaves are oblong, spiny, bright green, and slightly hairy on the undersurface. Unlike other noxious biennial thistles which have a solitary flower at the end of each stem, Canada thistle flowers occur in small clusters of 1 to 5 flowers. They are about 1 cm in diameter, tubular shaped, and vary from white to purple in color. C anada thistle emerges from its root system from late April through May. It flowers in late spring and throughout the summer. It produces about 1,000 to 1,500 seeds per plant that can be wind dispersed. Seeds survive in the soil for up to 20 years. Additionally, Canada thistle reproduces vegetatively through its root system, and quickly form dense stands. Each fragmented piece of root, 0.25 inch or larger, is capable of forming new plants. The key to controlling Canada thistle is to eliminate seed production and to reduce the plant’s nutrient reserves in its root system through persistent, long-term management. C anada thistle is one of the most troublesome noxious weeds in the U.S. It can infest diverse land types, ranging from roadsides, ditch banks, riparian zones, meadows, pastures, irrigated cropland, to the most productive dryland cropland. Large infestations significantly reduce crop and cattle forage production and native plant species. It is a host plant to several agricultural pests and diseases. Canada thistle prefers moist soils, but it can be found in a variety of soil types. It has been found at elevations up to 12,000 feet. E ffective Canada thistle control requires a combination of methods. Prevention is the most important strategy. Maintain healthy pastures and rangelands, and continually monitor your property for new infestations. Established plants need to be continually stressed. Management options become limited once plants begin to produce seeds. Details on the back of this sheet can help to create a management plan compatible with your site ecology. C anada thistle is designated as a “List B” species as described in the Colorado Noxious Weed Act. It is required to be either eliminated, contained, or suppressed depending on the local infestations. For more information visit www. colorado.gov/ag/weeds and click on the Noxious Weed Program link or call the State Weed Coordinator at the Colorado Department of Agriculture, Conservation Services Division, (303) 869-9030. Ca n a d a t h i s t l e Ci r s i u m a r v e n s e ƒƒ†ƒŠ‹•–Ž‡ †‡–‹Ƥ…ƒ–‹‘ƒ†ƒƒ‰‡‡– 2013 Quarter Quad Survey Colorado Department of Agriculture - Conservation Services 305 Interlocken Parkway ”‘‘Ƥ‡Ž†ǡ͔͔͖͕͜ ȋ͔͗͗Ȍ͚͜͝Ǧ͔͔͗͝ ™™™Ǥ…‘Ž‘”ƒ†‘Ǥ‰‘˜Ȁƒ‰Ȁ™‡‡†• List B –‡‰”ƒ–‡†™‡‡†ƒƒ‰‡‡–‹•‹’‡”ƒ–‹˜‡ˆ‘”‡ơ‡…–‹˜‡ƒƒ†ƒ–Š‹•–Ž‡…‘–”‘ŽǤŠ‹•™‡‡†‡‡†• –‘„‡…‘–‹—ƒŽŽ›•–”‡••‡†ǡˆ‘”…‹‰‹––‘‡šŠƒ—•–”‘‘–—–”‹‡–•–‘”‡•ǡƒ†‡˜‡–—ƒŽŽ›†‹‡Ǥ‘™‹‰ ‘”‰”ƒœ‹‰…ƒ„‡ˆ‘ŽŽ‘™‡†—’™‹–ŠŠ‡”„‹…‹†‡ƒ’’Ž‹…ƒ–‹‘Ǥ˜‘‹†Šƒ†Ǧ’—ŽŽ‹‰ƒ†–‹ŽŽ‹‰™Š‹…Š…ƒ •–‹—Žƒ–‡–Š‡‰”‘™–Š‘ˆ‡™’Žƒ–•Ǥ Ca n a d a t h i s t l e Ci r s i u m a r v e n s e –‡‰”ƒ–‡†‡‡†ƒƒ‰‡‡–‡…‘‡†ƒ–‹‘•        Aminopyralid (Milestone) 5-7 oz/acre or 1 teaspoon/gal water Apply in spring until flowering and/or to fall regrowth. Add 0.25% v/v non-ionic surfactant (equivalent to 0.32oz/ gal water or 1 qt/100 gal water). Can also add chlorsulfuron (Telar) at 1 oz/acre to the mix. Aminoclopyrachlor + chlorsulfuron (Perspective) 5.5 oz product/acre + 0.25% v/v non-ionic surfactant Apply in spring from rosette to flower bud stage and/or fall regrowth. Important: Applications greater than 5.5 oz product/acre exceeds the threshold for selectivity. DO NOT treat in the root zone of desirable trees and shrubs. Not permitted for use in the San Luis Valley. Clopyralid + triclopyr (Prescott; others) 3 pints product/acre or 1.25 oz/gal water Apply in spring until flowering and/or fall regrowth. Add 0.25% v/v non-ionic surfactant. CHEMICAL The table below includes recommendations for herbicides that can be applied to rangeland and some pastures. Treatments may be necessary for an additional 1 to 3 years because of root nutrient stores. Always read, understand, and follow the label directions. MECHANICAL Due to Canada thistle’s extensive root system, hand-pulling and tilling create root fragments and stimulate the growth of ‡™’Žƒ–•Ǥ‘™‹‰…ƒ„‡‡ơ‡…–‹˜‡‹ˆ†‘‡‡˜‡”›͕͔–‘͖͕ days throughout the growing season. Combining mowing with herbicides will further enhance Canada thistle control. BIOLOGICAL Cattle, goats, and sheep will graze on Canada thistle when plants are young and succulent in the spring. Follow up grazing with a fall herbicide application. Insects are available, and provide limited control. Currently, collection and distribution methods for Canada thistle rust (Puccinia punctiformisȌƒ”‡„‡‹‰”‡Ƥ‡†Ǥ ‘”‘”‡ information on Canada thistle biocontrol, contact the Colorado Department of Agriculture - Palisade Insectary at (970) 464-7916. CULTURAL Prevention is the best control strategy. Maintain healthy pastures , riparian areas, and rangelands. Prevent bare ground caused by overgrazing, and continually monitor your property for new infestations. Establishment of select grasses can be an effective control. List B Key ID Points 1. Leaf with white midrib and leaf margins with spines. 2. Pappus with plumose barbed bristles. 3. Wide, stout lance-shaped bracts with spiny tips. M usk thistle Carduus nutans L. is a non-native biennial forb that re- produces solely by seed. During the first year of growth, a rosette forms in spring or fall. During the second year in mid to late spring, the stem bolts, flowers, sets seed, and the plant dies. M usk thistle can grow up to 6 feet tall. The leaves have spines, are waxy, and dark green in color with a prominent light green to white midrib that can be seen from a distance. Leaves are dentately lobed; leaf bases some- times extend down below the point of attachment. The terminal flower heads are purple, large in size (1.5 to 3 inches in diameter) and bend over as if nod- ding. These flower heads are made up of only disk flowers. They are surrounded by numerous, wide and stout lance- shaped, spine-tipped bracts that resem- ble an open pineapple. The pappus has plumose bristles that appear barbed un- der magnification. Musk thistle produces many flower heads. The tallest shoots flower first; lateral shoots develop in leaf axils. A robust plant may produce 100 or more flowering heads. Reproduction is usually via out-crossing through insect pollination, but self-pollination also occurs. Flowers emerge in May through September. Seeds develop shortly after flowers emerge. Flower buds can contain viable seeds from self-pollination. Seeds can mature on severed bud and flower- heads. Seeds remain viable in the soil for up to about 14 years. Seeds can germi- nate and emerge from spring through fall. M usk thistle habitat is found in a variety of environments extend- ing from shortgrass prairie to alpine. It is strongly associated with heavily disturbed sites, where over-use occurs or where site conditions are poor due to land management practices. This includes over-grazed areas, large fires, trails, ditches and roadsides. Infested livestock pasturs suffer from significantly decreased carrying capacity. B ecause musk thistle reproduces solely from seed, the key for suc- cessful management is to prevent seed production. Once flowers emerge and start to produce seed, effective manage- ment options will become limited. Once sites are infested, musk thistle can form dense stands. Prevention, adjusting land management practices, a robust inte- grated treatment plan and restoration are critical to eliminating this species. M usk thistle is designat- ed as a “List B” species in the Colorado Noxious Weed Act. It is required to be eradicated; some popu- lations may be contained or suppressed depending on state regulations. For management directions for each county, refer to the most recent Rule, or visit www.colorado.gov/ag/co- weedcontacts for details. Mu s k t h i s t l e Ca r d u u s n u t a n s L. Musk Thistle Identification and Management 2015 Quarter Quad Survey © Chris Evans, University of IL © Bruce Ackley, OH State University © Les Mehrhoff, DiscoverLife.org Rev. 11/16 Colorado Department of Agriculture - Conservation Services 305 Interlocken Parkway Broomfield, CO 80021 (303) 869-9030 www.colorado.gov/ag/weeds List B Effective integrated management means using a variety of eradication methods that also includes restoration, prevention of seed production and dispersal, and monitoring. Maintain robust healthy native landscapes and restore degraded sites. Avoid soil disturbance. As with most biennials, prevent seed production in the first and second year of musk thistle growth. Prevent seed from dispersing, such as on contaminated equipment. Rest sites until they are effectively restored. Change land use practices. Use methods appropriate for the site. Mu s k t h i s t l e Ca r d u u s n u t a n s L. Integrated Weed Management Recommendations HERBICIDE RATE APPLICATION TIMING Aminopyralid* (Milestone)6 oz./acre + 0.25% v/v non-ionic surfactant Apply in spring rosette to early bolting growth stages or in fall to rosettes. *Product not permitted for use in the San Luis Valley. Chlorsulfuron** (Telar)1-2.6 oz. product/acre + 0.25% v/v non-ionic surfactant Apply in spring from rosette through very early flower growth stages. (Can prevent viable seed formation if applied no later than the first viable flowers begin to open.) **This herbicide has residual soil activity that will affect all broadleaf seedlings germinating after application has occurred. Clopyralid (Transline)0.67-1.33 pints product/acre + 0.25% v/v non-ionic surfactant Apply to rosettes through flower bud stage in spring, or to fall rosettes. © Friends of NV Wilderness Stewardship Team MECHANICAL CONTROL METHODS Methods, such as tilling, hoeing and digging, are best for infestations smaller than 0.5 acres; weigh this against other plants present, ecology and site condition. Sever roots below the soil surface during the first year before the plant stores energy, and in the second year before flower production. Mowing, chopping and deadheading stimulates more flower production; these methods require consecutive years of season-long treatments. All flowerbuds and heads must be collected, bagged, and disposed of or destroyed; seeds will mature and germinate if left on the ground. Prescribed fire that results in high soil burn severity damage roots and above ground biomass, but is not recommended due to impacts on desired plants. Fire generally favors musk thistle germination. BIOLOGICAL CONTROL METHODS Although horses, cattle, goats and sheep may eat flower heads on a few plants, seeds pass through their digestive tracks unaltered and spread. The leaf and stalk spines can cause domestic livestock to avoid mature musk thistle. Thus, musk thistle can become an “increaser” in over-grazed systems. Properly managed grazing can improve vigor of desired species and indireclty reduce musk thistle. Trichosirocalus horridus is the only biological control agent available for musk thistle in Colorado. The other species, Rhinocyllus conicus, is not host specific and will damage native thistles, and therefore cannot be released as an agent in Colorado. For more information, visit the Colorado Department of Agriculture’s Palisade Insectary website at www.colorado.gov/ag/biocontrol. CULTURAL CONTROL METHODS Musk thistle is not tolerant of competition and needs light to germinate seeds. Cultural methods should aim to maintain or restore a competitive assemblage of forbs, cool and warm season grasses. Implement whole site restoration of soils, plants and water regimes where stands of musk thistle exist where needed. Use locally adapted species that are ecologically appropriate for the site to improve competitiveness. Include annual as well as perennial species. Incorporate soil amendments, soil microbes and mycorrhizal fungi in restoration and land management efforts. Minimize soil compaction and disturbance, especially in wetlands and moist soil. Irrigation can increase competitive species. CHEMICAL NOTE: The following are recommendations for herbicides that can be applied to pastures and rangeland. Rates are approximate and based on equipment with an output of 30 gal/acre. Follow the label for exact rates. Always read, understand, and follow the label directions. The herbicide label is the LAW! © Eric Coombs, OR Dept of Agriculture © Norman E. Rees, USDA Ag Research Service Page 58 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Assistant Town Administrator/Staff Liaison to the Environmental Sustainability Task Force Date: February 8, 2022 RE: Environmental Sustainability Task Force Final Report Objective: Transmittal of the Environmental Sustainability Task Force final report. Present Situation: The Town Board created the ad-hoc Environmental Sustainability Task Force (ESTF) through Resolution 55-21 on June 22, 2021. The stated purpose of the ESTF was to develop recommendations for the Town Board regarding the Town’s role in initiatives, strategies and tactics to advance environmental sustainability. Recommendations, along with suggested timelines for implementation, were due January 31, 2022. Proposal: Receive the Environmental Sustainability Task Force final report in preparation for Town Board discussion at a Study Session scheduled for February 22. Advantages: N/A Disadvantages: N/A Action Recommended: Staff recommends the Town Board receive the report. Finance/Resource Impact: N/A Level of Public Interest High Attachments: 1.Environmental Sustainability Task Force Final Report LINK Page 59 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Environmental Sustainability Task Force Final Report Respectfully Submitted to the Town Board by the Appointed Members of the Environmental Sustainability Task Force Gordon MacAlpine, Chairperson Thomas Keck, Vice-Chairperson Thomas Beck David Diggs Patricia Donahue William Fryer Lisa Hutchins Douglas Sacarto Barbara Werner January 31, 2022 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Contents Preface and Acknowledgments, iii Sustainable Energy, 1 Opportunities to reduce GHG pollution through adoption of renewable energy sources, energy efficiency in buildings, electric vehicles and multi-modal transportation, and outdoor equipment electrification. Recommendations 1-20 (20) Prepared by: • Thomas Beck • William Fryer • Thomas Keck • Gordon MacAlpine Solid Waste Management, 14 Policies and actions to reduce environmental contamination and GHG pollution due to solid waste disposal in landfills: through community-wide source reduction, increased recycling, and composting of organic waste. Recommendations 21-43 (23) Prepared by: • Patricia Donahue • Lisa Hutchins • Barbara Werner Institutional Factors for Sustainability, 21 Sustainability policies and programs in Town operations; Town planning, budgeting, and capital improvements; and delivery of Town services. These institutional reforms concern the entire range of sustainability best practices, as outlined in Appendix 5. Recommendations 44-51 (8) Prepared by: • David Diggs • Douglas Sacarto Endnotes, 30 Appendices (separate documents) 1. ESTF Public Engagement 2. Lakes Computation 3. Colorado Plastic Pollution Reduction Act (HB 21-1162) 4. Strategy for Early Implementation of Colorado Plastic Pollution Reduction Act 5. American Planning Association Sustainability Scorecard Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Preface and Acknowledgments The Estes Park Town Board of Trustees created the Environmental Sustainability Ad -Hoc Task Force (ESTF) under Town Policy 102 through Resolution 55 -21 on June 22, 2021, to provide a detailed exploration and evaluation of options for Town involvement in env ironmental sustainability initiatives. Its scope is limited to developing recommendations for the Town Board regarding the Town’s role in initiatives, strategies, and tactics to advance environmental sustainability, with those recommended strategies and ta ctics having proposed timelines for implementation. The Town Board established "Public Safety, Health, and Environment" as Outcome Areas in the 2021 and 2022 Strategic Plans. It is committed to promoting policies that encourage environmental stewardship and making data -driven decisions to improve and protect the quality of the environment in the Town and surrounding areas, as well as evaluating ways that the Town can advance the cause of environmental sustainability. The ESTF consisted of nine members appointed by the Town Board, with support from the Assistant Town Administrator. The group met regularly (usually virtually) every other Tuesday, beginning on August 17, 2021. All meetings were open to the public, with supporting materials made av ailable in advance by the Town Clerk’s Office. Broad public input was solicited in various ways, including widely noticed opportunities to submit comments on the Town’s ESTF web page, two public listening sessions held on October 14 and November 16, and an online survey with responses from 221 residents and 22 commercial businesses. Detailed results from all public engagement processes are contained in Appendix 1 of this report. The scope of environmental sustainability is broad, and with a limited timefram e and resources the task force divided into three subgroups to work in parallel on specific recommendations for the Town to p romote environmental sustainability and resiliency, with particular focus on reducing greenhouse gas (GHG) pollution to combat clim ate change—the most pressing environmental threat of our time. The report's recommendations range from straightforward and immediate to complex and long-term actions. Each report section was researched and written by the subgroup members; sections and reco mmendations are not listed in a prioritized order: Sustainable Energy—The report's first section spotlights many opportunities to reduce GHG pollution through adoption of renewable energy sources, energy efficiency in buildings, electric vehicles and multi-mobility, and outdoor equipment electrification. (Thomas Beck, William Fryer, Thomas Keck, Gordon MacAlpine ) Solid Waste Management —The second section outlines a large catalog of policies and actions for the Town to reduce environmental contamination and GHG pollution due to solid waste disposal in landfills: through community -wide source reduction, increased recycling, and composting of organic waste. (Patricia Donahue, Lisa Hutchins, Barbara Werner) Preface and Acknowledgments iv Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Institutional Factors—The last section addresses sustainability policies and programs in Town operations; Town planning, budgeting, and capital improvements; and delivery of Town services. These institutional reforms concern the entire range of sustainability best practices. (David Diggs, Douglas Sacarto) There are many environmental challenges not explicit ly discussed in this report that require additional actions by our community --wildfire, flooding, threats to water supplies and air quality, loss of wildlife corridors, noise and light pollution, invasive plant species, and more, where the challenges often are becoming more extreme due to climate change. Some of these may be in the purview of other governmental organizations. A comprehensive catalog of sustainability concerns and ongoing efforts to promote sustainability would provide a basis for coordination and cooperation . The task force calls respectfully on the Town Board to address t hese problems with an ongoing strategy and practices for environmental sustainability. The Environmental Sustainability Task Force expresses its sincere gratitude to Jason Damweber, Assistant Town Administrator, who provided the essential administrative support for the task force, and whose experience and judgment benefitted every stage of our work. Some individuals made special efforts to advance the work of the task force, and we wish to acknowledge them personally: Matt Allen, Cathy Alper, Bunny Beers, Reuben Bergsten, Chris Bieker, Sarah Clark, Marina Connors, Christy Crosser, Kimberly Disney, James Duell, Kara Franker, Jessica Garner, Beth Headley, Randy Hunt, Greg Muhonen, Duane Penney, Rex Poggenpohl, Alice Reuman, Gary Rusu, Brian Schaffer, Don Sellers, Judi Smith, Vanessa Solesbee, Liz Spalding, and Jeff Woeber. The task force also thanks each person who attended a taskforce meeting or listening session, responded to a survey, or submitted comments. Your ideas and recommendations have helped importantly to identify problems, opportunities, and priorities in strengthening the sustainability of our community. Cover background photo courtesy of Visit Estes Park. Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Sustainable Energy Introduction Environmental sustainability requires steep and rapid reductions in greenhouse gas (GHG) emissions, which are the major causes of global warming and climate change. As illustrated in the left diagram below, burning of coal and gas has caused a rapid and un precedented rise in atmospheric CO2 levels, which are much higher than in the past 800,000 years. The vertical axes represent temperature changes on the left and CO2 in parts per million (ppm) on the right. The measurements were made using oxygen isotopes and CO2 in ice cores, as well as direct methods. The CO2 level in 2021 reached 420 ppm, as compared with pre -industrial levels near 270 ppm. Credit: World Economic Forum 2018 Credit: Scott Denning 2020 The roughly periodic atmospheric CO2 fluctuations in the past are understood as resulting from Earth's orbital characteristics (Milankovitch cycles) coupled with the natural carbon cycle. Relative temperature fluctuations directly mirrored the CO2, with low levels representing past "glacial periods" (also called ice ages) and high levels representing warmer "interglacial periods." We are currently in an interglacial period, and our fossil fuel burning is disrupting the natural functioning of the planet. Trends in tropospheric and stratospheric temperatures, measured using satellites, demonstrate conclusively that the increasing CO2 and other increasing greenhouse g ases are responsible for currently rising global temperatures. The right diagram above (by Scott Denning, Monfort Professor of Atmospheric Science at Colorado State University) illustrates projected global temperature increases, compared with pre -industrial levels, from climate models. The shaded area denotes 1.5 –2.0 degrees Celsius (2.7-3.6 deg. F), above which effects of climate change will become so catastrophic that vulnerable countries and many people will not survive. The red line projects the situation for continued, business-as-usual carbon burning; the orange line indicates dramatic improvement if electricity were no longer derived from fossil fuels; the light green line shows even more improvement for proposed ambitious GHG emission reductions world-wide; but only the dark green line for prompt cessation of all fossil fuel burning stays below 2 deg. C. If we were to stop burning carbon right now, the temperature would continue to rise for a decade or more, flatten out, and then decline. That represents the best (perhaps only) hope for future generations. Sustainable Energy 2 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Greenhouse gas emissions in Fort Collins, Larimer County, and Colorado result primarily from electricity generation, buildings with natural gas, and internal combustion engines. Fort Collins and Larimer County monitor CO2 emissions, and their most recent reports show percentages indicated on the left above. In Fort Collins, electric energy at 46% is the worst offender.1 It combines with natural gas use and travel to account for roughly 90% of emissions. In Larimer Count y, vehicles and buildings (with electricity and natural gas) account for 97% of emissions.2 The right-hand diagram from the new draft Colorado GHG Metrics Dashboard indicates that the largest con tributors to Colorado’s GHG emissions are electricity generation, transportation, and buildings.3 Estes Park’s Strategic Plan includes adding more renewable energy generation and storage for residential and public buildings, as well as improving building efficiency and design, along with cleaner transportation. Climate models for Estes Park and vicinity are consistent with measured temperatures here having increased by about 2 deg. F since the 1980s.4 The same models project roughly an additional 3 deg. F increase during the next 25-30 years, with associated impacts on soil moisture, flora, fire, smoke, and water. All of this will affect our quality of life and tourism. As recent fires testify, the situation is already dire. How bad it will get is up to us. With fossil -fueled inertia and general lack of political will, municipalities like Estes Park must play a role if global temperatures are to be held close to 1.5 -2.0 deg. C. In this section of the report we make recommendations for reducing our GHG emissions from electricity, buildings, and engines. Electric Energy The Sun’s energy striking the Earth is more than 10,000 times the total energy used by humanity. Under the Infrastructure Key Outcome Area in the 2022 Estes Park Strategic Plan, Objective 3.A.1. states: "Consider implementing the recommendations of the Environmental Sustainability Task Force to support renewable energy and storage sources for use by the Town and by individual residents." Also, "solar incentives" have been identified in Planning Commission discussions as important issues to be addressed prior to completion of the new Comprehensive Pl an. Such distributed energy generation should be emphasized for sustainability, economics, and resiliency, the latter in case there are problems with the primary grid as has been happening in California, Texas, and Louisiana. Sustainable Energy 3 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Residential Solar Generation According to a report published by the National Renewable Energy Laboratory (NREL), roughly 75% of residential structures in Estes Park may be suitable for solar energy generation .5 As of Nov. 10, 2021, only 1.47% of electric services in the Estes Park Power and Communications service area had solar or wind net-metered systems (158 net-meters out of 10,742 registered electric meters). There are excellent opportunities for improving our sustainability and resiliency by adding more clean solar generation, which is significantly under -utilized here. Ways of encouraging and facilitating solar generation on residences, as well as bringing desirable recognition to Estes Park, could include the advantages of becoming a solar “high achieving community” under the auspices of an organization like the Colorado Solar & Storage Association 6 or the Solsmart program.7 Estes Park could also streamline permitting processes, thereby reducing so - called soft costs, by adopting available software packages like NREL’s SolarAPP+ or Solsmart’s similar application, which is already being successfully employed in 29 other Colorado communities. For example, Steamboat Springs significantly increased residential solar generation by attaining a Solsmart “silver” designation, while reducing their solar permitting fee to $0 and limiting the permitting process to five working days. In addition, if Solar United Neighbors were to select Estes Park for a “solar co -op” with organized buying power,8 that opportunity for residents should be supported by the Town. According to NREL, the costs for residential solar installations declined an additional factor of roughly three over the past 10 years, while solar panels have become more efficient and r eliable.9 Furthermore, 26% federal tax incentives have been extended through 2022, and low -cost loans are available through the State of Colorado. The RENU program is a statewide residential loan program sponsored by the Colorado Energy Office in partnership with Elevations Credit Union. It makes home energy upgrades affordable by offering low -cost, long-term financing for energy efficiency and renewable energy improvements. With existing incentives, installed and operating first -rate residential 5 -6 kW photovoltaic systems may now cost in the neighborhood of $12,000-$13,000. It would also serve our sustainability goals if Estes Park were to follow examples set by Fort Collins, Nederland, and Boulder County by making available $1 ,000 solar installation grants for those with qualifying financial status. Recommendation #1: Educate the public about solar opportunities on residential buildings, and encourage solar development by becoming a solar high achieving community and adopting programs for reducing soft costs. Offer local incentives for those with qualifyin g financial status. Recommended timeline: 2022 -2023/ongoing. Commercial Solar Generation On Nov. 10, 2021, there were only eight commercial net-metered systems in the area serviced by Estes Park Power and Communications. This is a small fraction of the many businesses that could benefit from cleaner, less expensive energy, along with associated good will of customers. Other destination communities like Breckenridge and Durango give special recognition to establishments deriving a significant fraction of their electric energy from the Sun. Routt County also participates in the State of Colorado’s C-PACE program, which enables owners of commercial and industrial buildings to finance up to 100% of eligible energy efficiency, renewable energy, and water conservation improvements. Another related grant, called the MainStreet Open for Sustainable Energy 4 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Business Grant, is funded by the Colorado Department of Local Affairs (DOLA) as a response to helping local businesses recover from COVID -19 and transition to greener energy. Recommendation #2: Provide information to businesses about solar generation and funding opportunities. Also, give recognition to solar -generating business establishments, with displayable certification placards. Recommended timeline: 2022-2023/ongoing. Residential or Commercial Battery Storage Energy storage batteries associated with residential or comme rcial buildings can be valuable for making energy available during what would otherwise be electricity interruptions. In addition, they can shift excess energy from midday, when there may be more solar generation, to late afternoon or evening when there is peak energy use. In the latter case, “time -of-use” electricity rates may make utility-provided energy cost significantly more. Multiple batteries can also be beneficially accessed by a utility, with permission of the owners, and used as a microgrid. Micro grids are gaining favor for providing localized emergency energy or for shifting of available energy to level -out or stabilize the main power grid.10 The solar 26% tax incentive applies to battery purchases, as long as they are used for storing solar energy. Battery storage makes the most sense for three scenarios: 1) for areas where there may be primary grid electricity interruptions ; 2) for regions with mandatory time -of-use rates; and 3) for customers with utilities that significantly subsidize battery costs in exchange for potential access to the batteries. Examples of utilities that cooperate with customers on beneficial battery access and use include Green Mountain Power in Vermont and Holy Cross Energy in Colorado. Recommendation #3: Provide information on battery storage to all electricity customers. If mandatory time-of-use rates go into effect, then revisit this issue. Encourage electricity providers to consider the potential benefits of subsidizing residential or commercial batterie s for grid resilience. Recommended timeline: 2022 -2023. Solar Generation on Public Buildings and Land Estes Park has Town-owned and operated buildings or structures that could beneficially accommodate significant amounts of solar generation. Examples inclu de the Event Center, the Pavilion, the Museum Annex, the Water Division facility on Fish Creek Road, the Visitor Center, and the Visitor Center Parking Garage. In the cases of the Event Center and the Pavilion, considering azimuth orientations of both sides of the buildings, roof slopes, roof areas, and using NREL’s solar potential analysis program , solar installations on those two buildings could generate as much as 800,000 kWh of energy over the course of a year. That would supply about 100 homes using an average of 8,000 kWh per year. With its primary roof orientation slanted toward the south an d slightly west (ideal for solar generation during prime-time usage), the Parking Garage is an outstanding opportunity for solar generation as well as sustainability recognition by visitors. If the available upper story space were equipped with raised solar panels, the energy generation could be of order 560,000 kWh per year, which could provide energy for 70 homes using 8,000 kWh per year. A question that comes up often is "Why doesn’t Estes Park have a shared community solar garden?" That was considered several years ago on a website called “EVSolarGarden”, with the conclusion that Estes Park does not have necessary available land space. Having solar panels on public buildings or Sustainable Energy 5 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 structures could actually function in a similar manner like a shared solar garden. In addition, community solar gardens are being successfully deployed on closed landfills that do not serve any other purpose.11 A highly regarded company called Sandbox Solar in Fort Collins has previously pointed out the potential for a beneficial solar garden that could power 100 homes at the closed landfill site on Elm Road. With changes to the Organic Contract between the Platte River Power Authority (PRPA) and the municipalities it serves, a customer or a town can contract with a third party for installation of solar facilities and purchase power from that third party. A variation of this cou ld be Utility Owned Distributed Solar (UODS), which has been successfully employed by the largest public utility in the country, CPS Energy in San Antonio. UODS is especially suitable for applications with larger arrays on public buildings, parking structu res, or landfills. An important advantage would be having energy produced locally, as opposed to being dependent completely on a distant source. In this regard, the PRPA has recently issued a Request for Proposals (RFP), a portion of which calls for the creation of up to 250 MW of new solar generating capacity. With a solar “capacity factor” of 0.25 (the useful fraction of peak capacity), this would result in about 62.5 MW of average available power or about 550,000 MWh of available energy per year. The RFP specifically solicits proposals for distributed-energy solar installations and storage in the owner communities . Since the total energy for the specific projects mentioned above would be only about 2,120 MWh per year, there are numerous opportunities here. For projects like those discussed in this section , associated generation and storage could function as back-up microgrids in the event of disruption or a need for smoothing of the main grid. In that regard, it is noted that recently-introduced bi-partisan Colorado House Bill HB22-1013 (“Microgrids for Community Resilience Grant Program”) specifically targets municipal utilities and remote communities like Estes Park. It is an integral part of efforts to establish a smarter, safer, and more reliable grid. Recommendation #4: Request proposal information in a timely fashion and give strong encouragement for PRPA RFP proposals for solar generation and battery storage involving our public buildings and parking structure, as well as the unused landfill on Elm Road. The RFP proposals are due by February 18, 2022, with projects selected in 2022, so timing is critical. Also, investigate state- supported opportunities for establishing resilience microgrids in Estes Park. Recommended timeline: 2022/as soon as possible. Solar Generation on Schools As another example of how solar generation can be advantageous, more than 7 ,000 schools across the country are benefitting from reliability and cost savings by hosting solar facilities, including schools in Glenwood Springs and Carbondale .12 Furthermore, a report in EcoWatch illustrates how a school district in Arkansas was able to provide substantial raises to teachers by going solar. Fortuitously, some of the Estes Park schools have ideal southwest -facing roof space, angled at roughly 20 degrees. Solar facilities can also be advantageously installed on our schools’ flat roofs. Two groups of local high school students and their instructors, supported by the Estes Park Education Foundation, are currently considering a “feasibility study” for putting solar generation on Estes P ark school buildings. In addition to possibly facilitating cleaner, more sustainable and less expensive energy, the students will learn about solar technology and terminology. Sustainable Energy 6 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Financial support may be available for school projects. The City of Steamboat S prings and its Routt and Moffat County partners received a $2.1 million grant award from the Colorado Department of Local Affairs Energy Impact Fund for regional solar projects on government facilities as well as for the Moffat County School District. Recommendation #5: Although the Estes Park schools are not included in Town governance, we recommend that their sustainability efforts be encouraged and supported as much as possible. Recommended timeline: 2022/ongoing. Wind Energy Generation Another abundant source of renewable energy for residential or commercial use is wind power. Whereas people generally envision “horizontal -axis” wind turbines with propellers, “vertical axis” turbines are becoming more common, especially for residential use.13 They are less conspicuous, rotate more slowly, and can generate at lower wind speeds. As with solar panels, there are options for different amounts of power generation; and the electricity can be used, stored in a battery, or net- metered to function in coordination with the local utility. Current regulations for wind power generators may be found in the Estes Park Development Code, Chapter 5, Paragraph 5.2.B.2.g. These regulations do not adequately take into consideration vertical axis wind generators. Recommendation #6: Reconsider the Development Code regulations for wind generators, taking into consideration vertical axis configurations. Recommended timeline: 2022-2024. Use of Existing Generating Stations and Lakes for Emergency Power and Storage Colorado communities like Gunnison are taking advantage of local lakes for hydropower .14 In that regard, several informed citizens have proposed utilizing stored or pumped energy potential in our local lakes. In 2021, a representative for the Western Area Power Administration acknowledged the Estes Power Plant on Lake Estes as a viable back -up electricity resource if there is an interruption during future replacement of power lines from the Front Range to Estes Park. Correspondingly, it is also reasonable to consider locally generated hydropower as a back -up resource in case the regional grid is interrupted by natural disaster s, which may be increasingly common with climate change. There are two Estes Valley hydroelectri c power plants, at Lake Estes and Mary’s Lake. Characteristics of the Estes-Power-Plant: installed generation capacity = 45,000 kW (three 15 MW turbines); plant factor = 26.2 % (ratio of average power load to generation capacity, so average operation is about a fourth of rated capacity). Characteristics of the Mary’s-Lake-Power-Plant: installed generation capacity = 8,100 kW (one 8.1 MW turbine); plant factor = 58 %. Mary’s Lake and Lake Estes constitute part of the Colorado-Big-Thompson-Project. Water from Grand Lake passes through the Alva A dams Tunnel to Mary’s Lake. Then, the Prospect Mountain Conduit and Tunnel carry water from Mary’s Lake to the Estes Power Plant penstocks. After entering Lake Estes, the water flows further down for multiple uses along the Front Range. Either of the above generation resources could provide emergency power if necessary. As an example, the Sustainable Energy subgroup members considered the Estes Power Plant utilizing Mary’s Lake water. We can ask how much water needs to pass through the Es tes Plant turbines in order to generate 10 MWh of energy (enough to power more than 400 average homes for a day). This may be compared with the Mary’s Lake surface area in order to estimate how much that lake level might drop Sustainable Energy 7 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 in order to supply the emergen cy energy. The answer is about 6 inches, which could be compensated by adding water from Grand Lake. See Appendix #2 for Lakes-Computation physics and math details. This is just one example of how emergency energy could be produced and utilized if necessary. The Mary’s Lake Power Plant could also provide additional emergency generation with water coming directly through the Adams tunnel from Grand Lake. Furthermore, it ma y be possible to modify existing facilities to pump Lake Estes water, back through the penstocks and the Prospect Tunnel, to Mary’s Lake. This could provide storage of energy during peak power production, for later release to the Estes Power Plant during peak power load. Estes Park should consider significant resiliency opportunities involving existing lake and generation facilities. Recommendation #7: Arrange with our local utility to have preparations in place for using water in Mary’s Lake to provide up to 10 MWh of electric energy in case of emergency. This can be done in coordination with the Western Area Power Association when the new electric lines are being brought up from the Loveland area, and the old lines are being removed. Also, investigate the use of Lake Estes and Mary’s Lake for pumped energy storage. Recommended timeline: 2022-2024. Building Sustainability As indicated in the GHG emission diagrams above, buildings and related uses of natural gas rank among the top two or three GHG emitters i n Fort Collins, Larimer County, and the State of Colorado. This is a situation that can be substantially improved by educating the public on how to optimize building energy use practices, by facilitating energy audits and making existing buildings more ene rgy efficient, and by requiring or incentivizing sustainable practices in new or remodeling construction. Behavioral Energy -Saving Practices and Improved Energy Efficiency in Existing Buildings According to the Colorado State University (CSU) Extension, beneficial behavior and making a house more energy efficient can reduce energy bills and associated emissions by upwards of 20 -30%. This may include simple things like turning off electrical appliances when not in use, employing LED lighting, dialing down the heating temperature in winter or dialing up the cooling temperature in summer, and washing clothes in cold water. The above CS U reference contains a relatively short, useful energy-saving checklist for homeowners, and a more comprehensive list has been made available by the National Renewable Energy Laboratory . Initial retrofitting steps toward significantly improving sustainability in existing buildings should involve building energy audits or assessments . In that regard, a program called “Efficiency Works” is a collaboration between the Platte River Power Authority and the utility departments of its four owner municipalities. Funded by each participating utility for its respective customers, services include affordable home energy assessments (various levels, $60 cost for in -person assessments) and information on available rebates for products and retrofits (eligibility criteria apply). Homeowners can begin the process by contacting a call center in Utah, where by scheduling arrangements can be made to have an auditing crew travel from Fort Collins, Loveland or Longmont. The process would be more convenient and sustainable if someone here in Estes Park were available to carry out energy audits. The trained auditors follow standard procedures like putting a blower fan in the front door and depressurizing the house , so air comes into the house through any leaks around Sustainable Energy 8 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 windows, electric outlets, or a fireplace. Then the auditors can use an infrared camera to document temperature anomalies showing locations of potentially wasteful leaks. Other important procedures can include checking for insulation around heating pipes or ducts. The auditors prepare a report which homeowners may use for their own modifications or for co nsulting with associated businesses. Once an audit takes place, a homeowner can access a list of approved Efficiency Works consulting businesses in places like Fort Collins, Loveland, or Longmont, whereby the resident may qualify for rebates that may not be available in Estes Park. Unfortunately, there are currently no registered Efficiency Works consultants in Estes Park, and these valuable opportunities are under -utilized here. Recommendation #8: A. Ask a local group, such as students in the high school sustainability class, to take ideas from existing lists of home energy -saving practices and prepare a short energy -use pamphlet, which the Town could make widely available to residents, either in print or electronic format. B. To increase the effectiveness of Efficiency Works for customers of Estes Park Power and Communications (EPPC), the Town should hire or designate and train an employee of EPPC with expertise in energy efficiency . This individual would be compensated from EPPC enterprise funds. Duties would include: (1) promoting Efficiency Works by educating customers about the program and available rebates. (2) Carrying out energy audits or inspections as requested by EPPC cust omers. (3) Recruiting and incentivizing local contractors to take part in the Efficiency Works program. Recommended timeline: 2022 -2023. New Building Construction Whereas behavioral practices and retrofitting an existing building can save considerable amounts of energy, money, and pollution, new building construction or remodeling is also very important. As indicated in the Estes Park Adopted Building Codes and Local Amendments , Estes Park has adopted a number of widely recognized building codes, like the International Building Code, the International Residential Code, and the International Energy Conservation Code. These codes, as amended, are well regarded, but there is considerable room for improvement. The Town of Basalt, in coordination with Holy Cross Energy, has been emplo ying highly sustainable, high -performance, all-renewable-electric building practices15; and Estes Park in coordination with our utility and PRPA should consider similar initiatives. Furthermore, Fort Collins has been working with three residential projects that are exploring the intersection between “Zero Energy Ready Home” efficiency standards, solar generation/storage, and distributed energy resource management systems (DERMS) in very creative ways.16 Recommendation #9: The Estes Park Community Development Department in coordination with the Planning Commission and the Town Board should require or incentivize the following construction practices. Recommended timeline: 2022 -2024. This section includes practices that are also important for retrofitting existing buildings to make them more energy efficient. 1. Sustainable, high-performance houses built here should be required to have the highest standards for tight envelopes, insulation, windows and doors. Well-sealed houses will take optimal advantage of the best energy -efficient heating or cooling practices, while fresh, healthy Sustainable Energy 9 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 air in the living environment is provided by “energy recovery ventilators.” The latter use “waste” exhaust air to warm incoming “make -up” air by utilizing air -to-air heat exchangers. What are other cities and states doing to promote sustainability in the built environment? A search of incentives revealed this interesting resource – dsireusa.org – which is funded by the US Department of Energy. Denver is supporting these much -needed affordable housing and sustainable built projects by providing incentives that could include a fee reduction, an enhanced site development plan process which will reduce the overall number of required submittals and associated review cycles, and dedi cated resources to expedite reviews of construction plans.17 Locally, how do we encourage the use of more efficient, innovative products in new homes and remodels? Incentives such as reduced permit fees and rebates on efficient water heaters and other appliances can be a good start. We need to make it as easy and affordable as possible for homeowners, architects, designers, and builders to choose sustainable materials, lighting, appliances, and finishes in new and remodel projects. 2. All new houses should take advantage of beneficial electrification and eliminate new gas hookups. Building sustainable homes means moving away from appliances and equipment that would otherwise burn natural gas, and installing cleaner and higher -efficiency electric appliances. All-electric homes are healthier, safer environments, and they significantly reduce environmental harm if the electricity is derived from clean, renewable sources like solar or wind.18 Cities in California have been leading the way toward limiting or barring new gas facilities, and more recently Denver19 and New York City20 are phasing out or banning new gas hookups. 3. New construction should involve modern, highly efficient heat pump technology for heating homes during the winter and cooling during the summer .21 Heat pumps have improved dramatically in recent years in terms of efficiency, effectiveness, cost, and availability.22 They provide more energy -efficient heating than any sort of direct, conventional method because they function by extracting heat from the environment (a ir, ground, or water) and moving it into the desired space, rather than creating heat from fuel. By reversing the operating process, the same equipment provides cooling, thereby reducing the reason for having energy -wasteful air conditioning. Air-source heat pump systems can transfer two to five times more thermal energy than they consume in electrical energy, for a “coefficient of performance” (COP) of two to five. The equipment optimized for cold climates like the Estes Valley, can provide heat down to temperatures of -20 F (with somewhat lower efficiency).23 The most affordable heat pumps are air source, and they are becoming very popular in Colorado. The homes in the Basal t Vista development use only air-source heat pumps for heating water as well as heating the indoor environment. Larger heat pumps can be used for entire houses, and mini -split ductless window units can be added to heat or cool individual or multiple rooms .24 Ground or water-source heat pumps are more expensive, but they can serve multiple homes. Regarding another alternative to air conditioning, a new special white paint absorbs less heat than it reflects. A roof surface coated with this paint can be cooled below the surrounding temperature without consuming power. Information about developments like this should be made available locally. Sustainable Energy 10 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 4. All new homes should take advantage of clean renewable energy as much as practical. They should make use of opportunities for passive solar heating, and they should be ready for solar PV installation and EV chargers with electrical pre-wiring or electric capacity. 5. All new construction should be equipped with at least a 200A electric service, which will allow for beneficial practices like EV charging and the use of heat pumps. 6. It has been stressed repeatedly that there should be some means to incentivize developers away from building wastefully oversized homes, which are bad for the environment, wildlife, and affordable home availability.25 In the City of Boulder, homes with larger square footage have more stringent energy rating index (ERI) requirements. 7. New construction should have low-flush toilets, as well as low-flow shower heads and faucet aerators.26 The existing water supply to the Estes Valley is currently sufficient and of very good quality; but, in the face of climate change, continuation of that supply is not assured. 8. Estes Park should require a permitting review process for acquiring new hot tubs for both new construction and existing homes . Hot tubs are particularly wasteful of electric energy. The amount of energy expended depends on use, climate conditions, hot tub size, hot tub construction, and hot tub coveri ngs. In the Denver area, hot tub contributions to electric bills can range from $50/month to more than $100/month.27 Considering an average of $75/month and an electricity cost of $0.11/kWh computes to more than 8000 kWh/year, which is higher than the entire energy use for many homes. This should be recognized and addressed as a serious sustainability issue. Vehicle and Equipment Electrification Fossil fuel internal combustion engines (ICE) not only generate GHGs but also emit multiple harmful air pollutants. Small two-cycle motors emit much more harmful air pollutants and noise pollution than larger four-cycle motors on a per unit basis . Electric Vehicles (EVs) The Town should convert its fleet to electric vehicles as rapidly as is feasible. Recommendation #10: Replace the Town's ICE police vehicles with electric vehicles because of the large amount of idling and high mileage usage that police vehicles incur. EVs also have superior acceleration compared to ICE vehicles which would be valuable for police patrol cars. The Boulder County Sheriff's Department has already begun converting their vehicles to EVs. Boulder's experience shows their Tesla Model Ys’ operating expense is only $0.03 a mile versus $0.18 (one sixth of the cost) of the Ford Explorers they will be replacing. New York City is also ordering nearly 200 EVs in 2022 for police and first responders.28 Recommended timeline: as soon as possible. Furthermore, an EV's lifetime is much greater than an ICE vehicle. Model Y motors are rated for 1 million miles, and the battery pack is rated for 300,000 -400,000 miles. Brake pads shouldn't need to be replaced because they're only used for emergency, lay -down-rubber braking. Normal braking is regenerative, with the motors recharging the battery. The only recurring replaceable parts are tires and windshield wipers. There are no belts, hoses, or fluids (except windshield washer) to be regularly replaced. Over several years, this would result in large cost savings for the Town of Estes Park because of the very low maintenance and significantly longer operational lifetimes for EVs and per mile fuel Sustainable Energy 11 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 (kilowatts) cost which are only half to one-fifth of ICE vehicles. With a nationwide gas price at $3 .40 per gallon when this report was written and Estes Park Power & Communications/PRPA electricity at $0.11 per kWh, the cost per mile for an average ICE car is two to five times more than the cost for an EV, depending on the charging source. Recommendation #11: Include requirements in vendor contracts establishing a date for converting the contract vehicles used for Town projects to electric vehicles. Recommended timeline: 2022-2023. Recommendation #12 : Establish incentives for residents to convert to personal electric vehicles sooner rather than later , by offering the following incentives. Recommended timeline: 2022 -2023. 1. Charging incentives: Create substantially reduced year-round residential late night (~1AM-4AM) electricity rates to further increase the operational savings of EVs versus ICE vehicles. This could also be used for delayed appliance operations such as clothes dryers and dishwashers which would also have the benefit of reducing peak electrical usage and therefore reduce th e use of the greenhouse gas generating PRPA “peaker” plant. 2. Parking incentives: Allow longer summer free parking and reduced parking rates for local EVs than for ICE vehicles. Make a small percentage of the most desirable Town parking spaces EVs only. Public EV Charging Alternating Current (AC) Level 2 (8kW) J -1772 Charging: Maximum AC charging speed is limited by the capacity of the car's internal rectifier, which is typically no more than 11 kW. There are two free ChargePoint J-1772 8kW dual port chargers at the EP Visitor Center Parking Garage entrance and one dual port ChargePoint charger in the Town Hall/Library parking lot. This charger is free for three hours but has a $25 fee after that. There are two Blink dual-ported chargers at the National Park V illage shopping center. There are three J-1772 chargers opposite the “The Pavilion at the Stanley" for a total of 13 J-1772 Level 2 charger plugs in Town. There are also three Tesla Destination Chargers at the Sweet Basilico Restaurant. Recommendation #13 : Install an additional three Level 2 dual ported J -1772 chargers in three of the larger Town parking lots and a dual ported charger in the Estes Valley Community Center parking lot to provide eight additional charging ports which would bring the Town total level 2 ports to 21. Suggested timeline: 2022 -2023. Level 3 Direct Current (DC) Fast Charging : There are two Combined Charging System (CCS Type 1) and CHAdeMO ChargePoint 125kW DC fast chargers and two medium speed (62kW) ChargePoint DC chargers at the EP Visitor Center. Rates are $0.45/kWh and a $15/hr parking charge after 30 min of free parking. There are two FreeWire (EVConnect) DC chargers (that share 120kW) at the National Park Village shopping cen ter. There are seven Tesla version 2 (150 kW) Superchargers at the Stanley Hotel. Tesla is in the process of making their Superchargers available to non -Tesla vehicles. The Sustainable Energy subgroup members believe that the 13 DC fast chargers in E stes Park are probably adequate for the near term (~next 18 months) and possibly for a longer term if the opening up of the seven Stanley Tesla Superchargers to other EVs and availability of Tesla's CCS Type 1 adapter happens by then. Sustainable Energy 12 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 However, a major concern is that there is no charging available in Rocky Mountain National Park (RMNP). Many EVs do not have enough range to drive a Trail Ridge Road round trip without charging. There are two free ChargePoint 62kW DC medium speed chargers in Grand Lake, but that wil l not be adequate as EV adoption grows. Recommendation #14 : Initiate discussions with RMNP about adding charging stations in the middle (Alpine Visitor Center) and west side (Kawuneeche Visitor Center) of the Park. One concern is that the Park may not have the electrical infrastructure for direct DC fast charging. Possible solutions for this are the FreeWire chargers that are in National Park Village or Electrify America's chargers that use Tesla's PowerPacks. These internal batteries can be charged at rela tively low power AC levels and then use the internal batteries to charge EVs at a relatively high (120 kW) DC power level. As EV adoption grows, the lack of fast charging in RMNP may substantially impact EP tourist visitation and therefore Town revenue. Because of the importance of this, the Town should fund all or part of the RMNP DC chargers’ cost if the National Park Service does not have enough funds available to implement th e proposal. Suggested timeline: 2022-2024. Residential EV Charging Recommendation #15 : Include installation of a NEMA14 -50 AC garage outlet in the building code for new single family residential homes. At the time of construction, this should add less than $100 in cost to the house if the breaker panel is in the garage. Recommended timeline: 2022-2023. Recommendation #16 : Require installation of one Level 2 AC charger for every three housing units for multi-unit rental housing. Ideally, this would not only apply to new construction but also retrofitting existing multifamily housing. Recommended timeline: 2022-2023. Power Tools Recommendation #17 : The Parks Division should convert from 2 -cycle ICE power tools to battery powered electric tools. This applies to both vegetation maintenance tools such as weed trimmers, edgers, lawn mowers, snow blowers and to forestry tools such as chainsaws and pruners. Heavy duty commercial electric versions are available for all these types of tools. This video link (starting after the 2-minute mark) gives specific examples of available heavy duty commercial electric tools and information on how extremely polluting 2 -cycle ICE motors are. Recommended timeline: as soon as possible. Recommendation #18 : Follow California's lead and prohibit sales of new 2 -cycle power tools and also make the citizenry aware of the Colorado state incentive ($150) to replace existing ICE 2 -cycle lawn mowers with electric versions. This incentive is only available spring through fall.29 Recommended timeline: 2022-2023. Recommendation #19 : Hold a widely advertised electric vehicles, electric chargers, and electric equipment exhibition each year in the Event Cen ter. This could be highly useful not only for residents, but also for visitors. Many people in the Estes Valley are not adequately informed about what is available in the rapidly changing market for electric vehicles and chargers. In addition, there is a lack of information in terms of evolving electric power equipment. Recommended timeline: 2022- 2023/ongoing. Sustainable Energy 13 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Multi-Modal Transportation A multi-modal transportation network is an essential feature of an environmentally sustainable community. It reduces climate -warming greenhouse gases by providing safe and accessible alternative transportation options for both residents and visitors to get around town. With commendable foresight and direction from the Transportation Advisory Board and Public Works Department, the Town Board approved Public Works Policy 851 in April 2019. Policy 851 requires data collection and progress reporting: 1. The Town will periodically collect, review and report performance data and benchmark measurements to demonstrate the effectiveness of this policy. This will include the number of projects completed, number of projects incorporating Complete Streets infrastructure, actual infrastructure added, number of transit and non-motorized users, and community attitudes and perceptions. 2. The Transportation Advisory Board and the Shuttle Committee are encouraged to provide ongoing feedback and act as a conduit for public participation on the implementation of Complete Streets practices. The Public Works Department finished the 4th Street project using Complete Streets principles and has proposed a similar plan for improving Moraine Ave nue from Davis Street to Mary ’s Lake Road. Recommendation #20: The Public Works Department should submit a full multi-model transportation report to the current Town Board for review . Further, we encourage the Town to keep the community informed about ongoing implementation of Policy 851. Recommended timeline: 2022/ongoing. Concluding Considerations and Recommendations Related to Sustainable Energy In order to gauge the success of the above sustainability efforts to reduce GHG emissions from electricity use, natural gas use, and gasoline engines, Estes Park and the surrounding area will need to be monitored for estimated GHG emissions on a monthly or yearly basis. That can be done indirectly by tracking the electricity we receive from the PRPA and by tracking the natural gas we receive from Xcel. Keeping track of emissions from motors and transportation will be more difficult. Taking advantage of existing data along with continued monitoring can lay the groundwork for a “Climate Action Plan” (referenced later in this report along with a recommendation) whereby emission reduction targets are set. An example could be reducing electricity and natural gas associated GHG emissions by 25% in 2025, compared with 2020, and by 80% in 2030. Many other municipalities in Colorado (e.g., Aspen, Boulder, Breckenridge, Carbonda le, Colorado Springs, Denver, Edgewater, Fort Collins, Frisco, Golden, Lafayette, Lakewood, Longmont, Manitou Springs, Telluride, Vail, Westminster, and Wheat Ridge) have Climate Action Plans. Invariably, they have well intentioned goals or targets, but those goals may be unattainable in cases where there is inadequate understanding of future developments. For instance, Fort Collins’ Climate Action Plan calls for GHG emissions reductions of 20% by 2020, compared with their 2005 monitoring baseline. However, they did not adequately take into account issues like increasing population and land development, so their GHG reduction as of 2019 was only 7% compared with 2005. Este s Park would be well advised to wait until after the Comprehensive Plan is completed be fore developing a Climate Action Plan with realistic emissions targets. Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Solid Waste Management Introduction With respect to solid waste, the Solid Waste Management subgroup members focused on fo ur broad areas for preserving existing natural resources and reducing litter and methane: 1) increasing Estes Park’s recycling rate; 2) reducing the amount of trash the community sends to the Larimer County Landfill; 3) eliminating the worst single -use plastics from sale and use; and 4) conducting a program of ongoing recycling education. The Solid Waste Management subgroup members believe the recommended measures will go a long way toward helping our community be more sustainable, do its part to lower GHG emissions, and protect our area’s natural beauty. These measures will also position the Town to be more environmentally friendly in the eyes of residents and visitors, which in turn will contribute to a continuing and robust tourist economy. While the Solid Waste Management subgroup recommends that the actions outlined below be adopted as soon as possible, there is acknowledgement that in some cases there are budgetary, contractual (such as the county’s contract with Waste Management), or other constraints, necessitating a longer time frame. Increasing the Community Recycling Rate to 40% by 2025 Although recycling has been available in Estes Park for a remarkable 32 years (and is in fact the longest-running recycling program in Colorado30), today less than half of respondents to the 2021 National Community Survey (NCS) indicated a belief that Estes Park’s recycling was adequate.31 Despite the longstanding local program, many residents apparently do not even realize they can recycle here.32 Recycling reduces the staggering amount of refuse sent to landfills. It keeps taxes lower by conserving expensive landfill space, preserves natural resources like timber, water, and minerals, saving energy, and decreasing pollution.33 While Larimer County has established a target county -wide recycling rate of 40% by 2025, Estes Park is starting way behind that goal with a dismal rate of only 7%.34 According to Larimer County Solid Waste staff, single -stream curbside recycling throughout the Estes Valley would substantially increase the area’s recycling rate.35 Using other towns as a model, the Solid Waste Management subgroup recommends that free, unlimited curbside recycling be paired with volume - based landfill/trash fees. For example , volume -based fees have worked extremely well in Loveland, which has the highest recycling rate in the state at 58% (the city says it ’s closer to 60%).36 Their “pay as you throw” program has been successful in funding Loveland’s recycling program and increasing community participation.37 Volume-based landfill/trash fees would allow haulers to offset the costs of offering free, unlimited curbside recycling, and train the public to think first about composting and recycling before pitching everything into the garbage can. As confirmation of these recommendations, a recently-released 2021 report by Ecocycle and the Colorado Public Interest Research Group found five factors that determine high recycling rates: 1. A universal curbside recycling program, where every resident is provided with a recycling bin; Solid Waste Management 15 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 2. Volume-based pricing for landfill trash (“pay as you throw”) as opposed to flat rates for all trash; 3. Drop-off centers or curbside programs for disposal of yard debris; 4. Clear guidelines on what can be recycled; and 5. Dedicated staff and funding for recycling programs. As for businesses, commercial operations in Estes Park find recycling to be a challenge. An informal survey conducted by the League of Women Voters’ Community Recycling Committee (CRC) in spring 2021 revealed that some mid- and low-priced lodging establishments in the Estes Valley have encountered obstacles to recycling such as time constraints, lack of staff, and fees nearly as high or higher for recycling versus landfill disposal.38 Through Doering Disposal, the cost to empty a two cubic yard (2 CY) dumpster of trash for businesses is $85, while the cost to empty a 2 CY recycling dumpster is $65. Waste Management charges $163 per month for trash picked up weekly and $198 per month for recycling picked up weekly.39 If it is to work and be successful, recycling must be made free and convenient for both residents and businesses. Recommendation #21: Work with Larimer County and waste haulers to achieve the following. Recommended timeline: see each item. 1. Expand the Estes Park Residential Recycling Center days and hours of operation to Monday - Saturday, 8AM-4PM with no lunch closings, and increase recycling center staff as necessary. Recommended timeline: 2023. 2. Expand recycling at the Residential Community Recycling Center to include plastic film, plastic clamshells (such as for berry containers) and other plastic containers, block polyethylene (Styrofoam), durable plastics, and scrap metal. Recommended timeline: 2025. 3. Adjust prices so that sending trash to the landfill or transfer station is more expensive than recycling. Recommended timeline: 2022. 4. Provide a cardboard compactor for businesses to make cardboard recycling easier for them. Recommended timeline: 2024. 5. Prohibit customers from putting any recyclable materials into the transfer station landfill section, including mattresses, electronics, appliances, and other recyclables. Recommended timeline: 2023. Recommendation #22: Working with waste haulers, create ordinances to achieve the following. Recommended timeline: see each item. 1. Require waste haulers to provide recycling bins to all residents in the Estes Valley (and bear - proof landfill/trash bins to residents who do not yet have them) and offer unlimited curbside recycling pickup at no charge. Recommended timeline: 2023. 2. Require all residential and business waste haulers operating in the Estes Valley to provide curbside (or dumpster/alley) recycling at no charge for multifamily complexes, businesses, organizations, and institutions, paired with volume -based landfill/trash hauling fees. Recommended timeline: 2023. 3. Require lodging facilities, including vacation and short -term rentals, to provide recycling cans or bins next to the landfill/trash cans or bins a s a condition of their operating permit, and make Solid Waste Management 16 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 the operators responsible for guests using those services properly. Recommended timeline: 2023. 4. Require that any trash hauler operating in the Estes Valley not allow recycling to be put into landfill trash and monitor compliance. Target: 2025. Recommendation #23: Work with the Chamber of Commerce, Visit Estes Park (VEP) and the CRC to achieve the following. Recommended timeline: see each item. 1. Provide illustrated materials for lodging establishments that instruct guests on how to recycle and be “bear aware.” Operators would conspicuously post this signage near the front desk, inside the vacation home, and in individual hotel rooms. Recommended timeline: 2023. 2. Expand special collection events throughout the year for recyclable materials such as mattresses, paint and stain, electronics, paper shredding, hazardous waste, batteries, microwaves, textiles, CDs/DVDs/VHS tapes, and appliance salvage, among others. Recommended timeline: 2023. 3. Assist businesses in finding better, easier, and cheaper ways to recycle. Recommended timeline: 2023. 4. Make recycling the norm for VEP, the Chamber, and the Estes Park Visitors Center. Recommended timeline: 2022. Recommendation #24: Regularly update the Town website to include information on where and how to recycle, as well as composting information, a list of licensed trash haulers, a map of water refill station locations, and other sustainability information. Recommended timeline: 2024/ongoing. Recommendation #25: Lead the way in making recycling of office paper, cans, bottles, and plastic (and later, green waste) the norm throughout the Town of Estes Park organization. Recommended timeline: 2022/ongoing. Recommendation #26: Make it a requirement to purchase paper products (office paper and stationery, toilet paper, paper towels, etc.) with at least 80% recycled content (or alternatively, made from 100% bamboo) for Town use by officials and staff. Recommended timeline: 2023. Recommendation #27: Create zero-waste guidelines for event organizers holding an event on Town property, and work with private groups and event venues to implement zero-waste practices into their own activities. For example, the Town could require event organizers on Town property to provide reusable or recyclable drinkware, cutlery, napkins, plates, and bowls; single-use items that are recyclable within the Larimer County recycling system; and provide a sufficient number of side-by-side landfill/trash and recycling bins for the event. Recommended timeline: 2023. Recommendation #28: Increase the number of waste disposal bins in the downtown area and require that all public waste disposal bins on either public or commercial property within the Estes Valley be wildlife-proof and include side-by-side landfill and recycling sections along with illustrated, state-of-the- art instructional signage. Recommended timeline: 2023. Recommendation #29: Repaint trash bins with different colors to differentiate between trash and recycling, making sure to relabel the “trash” section as “landfill” and to clearly label what is accepted in the recycling container. Recommended timeline: 2023. Solid Waste Management 17 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Recommendation #30: Place a state-of-the-art landfill and recycling bin (as noted above) at the Estes Park welcome sign installed by the Rotary Club on Highway 36. Recommended timeline: 2023. Reducing Methane Emissions from Landfilled Food Waste and Yard Debris by 90% by 2023 Methane, almost identical in composition to natural gas, is at least 80 times more powerful than carbon dioxide at trapping heat in the atmosphere.40 One of the biggest landfill emitters of methane is rotting material from green waste41—that is, uneaten or spoiled food, kitchen scraps, and yard debris. By making compost from green waste that would otherwise emit methane, we can create a carbon sink—materials that actually absorb carbon dioxide gas emissions from the atmosphere.42 Although methane is a very powerful greenhouse gas, fortunately it’s short -lived compared to carbon dioxide. That means we can achieve significant reductions in greenhouse gases within the next decade just by cutting off sources of methane leaks into the atmosphere .43 All of Estes Park’s trash, whether picked up by Waste Management or Doering Disposal, or taken to the transfer station, ultimately ends up in the county landfill. (L ikewise, anything that goes down the garbage disposal ends up in the landfill t oo.) According to Larimer County officials, the current landfill is scheduled to close in 2023 -2024. A new landfill site has been selected north of Wellington, 80 miles from Estes Park. To lower methane gas and the increased CO2 emissions that will be generated by trash haulers taking garbage to a site farther away, the best solution for the Town is to reduce the amount of community -wide trash destined for the landfill, particularly methane -producing food waste. One way the community can do this is by compo sting all green waste and yard debris. Duane Penney, Larimer County’s Solid Waste Director, has encouraged Estes Park to go forward with creating its own composting center.44. Yard debris such as branches, pine needles, pinec ones, and leaves are another potential source of compost material. Sadly, these materials are usually put out with curbside trash or tossed into the transfer station landfill section. Even the much -touted Christmas tree collection taking place each year in Estes Park fails to help the environment. Most residents assume the trees are recycled into mulch. Unbeknownst to them, the trees are simply shredded and dumped into the landfill. Routine food waste is an appalling practice—economically, environmentally, and from a social justice standpoint. Even with rising food insecurity, American homes, grocery stores, and restaurants toss a third of their perfectly edible, nutritious food into the landfill.45 To reduce this waste, the Solid Waste Management subgroup recommends the community continue to donate uneaten but still good, prepackaged food to Crossroads Ministry and determine whether Crossroads is capturing all the uneaten food it can handle from restaurants , institutions, and stores. We also recommend the Town work with CRC and the Chamber of Commerce to capture unsaleable food stock that cannot be donated to Crossroads and explore ways to use it before it spoils, as well as assisting food establishments in learning how to efficiently separate green waste. It is in the best interest of food service businesses to adopt anti-waste measures, since they can save $7 for every dollar invested .46 Solid Waste Management 18 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Recommendation #31: Establish a Town-operated, wildlife-inaccessible composting center (possibly with Colorado Department of Public Health and Environment grant funds) where residents, institutions, and businesses can drop off green waste at no charge. The resulting compost can be sold to the public for use in gardening and landscaping to build healthy soil. Recommended timeline: pilot in 2023; scale up in 2024 and 2025. Recommendation #32: Create a Town-operated chipper/shredder facility, where residents, institutions, and businesses can drop off their yard debris and Christmas trees at no charge. This material would be added to the composting material. Recommended Timeline: 2023. Recommendation #33: For residents who want curbside service, invite a private hauling service to provide fee-based community curbside pickup of green waste year-round, and yard debris and Christmas trees on a seasonal basis. Recommended timeline: 2024. Recommendation #34: Ensure that food establishments have a private service to pick up fats, oil, and grease to reduce or eliminate that material going into the landfill. Recommended timeline: 2024. Recommendation #35: Require that any trash hauler operating in the Estes Valley not allow green waste, yard debris, or compostable materials to be put into landfill trash. Recommended timeline: 2026. Recommendation #36: Have Public Works monitor the old Estes Park landfill at Moraine Avenue and Elm Road for methane emission and research the feasibility of capturing methane gas for energy use. Recommended timeline: 2022. Eliminating the Worst Single -Use Plastics by 2024 Up to half of all plastic products are made for one-time use, and are used for mere minutes or even seconds before being tossed in the garbage.47 Two of the most pernicious single-use plastics are plastic bags and plastic water or beverage bottles. More than 17 million barrels of oil are required to meet the American public’s demand for single -use plastic water bottles.48 At 3,000 times the cost of tap water,49 bottled water is a ridiculous waste of funds. Contrary to popular belief, bottled water is almost never safer to drink than water from the tap.50 In fact, plastic beverage bottles can leach toxic chemicals into the liquid they contain.51 A long and growing list of states, communities, and countries—particularly those that are tourism -dependent—are environmentally so far ahead of Estes Park that they have moved beyond simply banning plastic bags and bottles and are now focusing on phasing out other harmful items such as single -use cups, stir sticks, straws, six-pack rings, and cutlery.52 Make no mistake: these bans are the wave of the future.53 That is because the environmental cost of single-use plastics is steep. The production of these and other plastic products creates greenhouse gases,54 with a whopping 91% of plastics ending up as litter or landfill trash rather than being recycled.55 In fact, plastic bags, cups, lids, bottles, straws, packaging, and the like have become the most common forms of trash found in the American landscape.56 Once plastics are in the landfill or out in the landscape, t hey emit methane as they decompose.57 Worse yet, as plastics degrade they break down into microplastics 58 that are eaten by wildlife, pollute the water, soil, and atmosphere, and even enter our own human bodies, causing cancer, birth defects, lowered Solid Waste Management 19 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 immunity, and endocrine disruption.59 Microplastics now pollute every corner of the globe, including the Arctic and Antarctic.60 In 2019, microplastics were even discovered in the rain falling on Rocky Mountain National Park.61 Recommendation #37: Regulate some single-use plastics by doing the following. Recommended timeline: see each item. 1. Accelerating the phase-in of the 2021 Colorado Plastic Pollution Reduction Act (see Appendix #3), which manages plastic bags and polystyrene (Styrofoam) containers, with the Town accepting the revenue the fees generate. Recommended timeline: 2022. 2. Not purchasing water or beverages in plastic bottles with municipal funds. Recommended timeline: 2022. Recommendation #38: Work with the Chamber of Commerce and CRC to achieve the following. Recommended timeline: see each item. 1. Research and provide a list of sup pliers for Estes Park businesses to help them comply with the new state (and possibly local) laws related to solid waste disposal. Recommended timeline: 2022. 2. Set up convenient “bag banks” at key points around town, where visitors and residents can pick up a clean, donated reusable bag for shopping at no charge . (See Appendix #4) Recommended timeline: 2022. 3. Make straws an upon-request-only item in food establishments. Recommended timeline: 2022. Recommendation #39: Direct fees associated with Colorado Plastic Pollution Reduction Act toward the following. Recommended timeline: 2024. 1. Funds to help retailers and food establishments transition away from the sale of single-use plastics over to reusables or recyclables. 2. Funds to set up locked dumpster cages to keep wildlife away from business dumpsters. 3. Installing water refill stations at the Visitor’s Center, the Town Hall, the Library, each floor of the Community Center, at outdoor public restrooms, and throughout the downtown area. 4. Creating a reusable traveler’s souvenir takeout dining set for sale at the Visitor’s Center and online through VEP, consisting of metal “tiffins” (containers for holding takeout or picnic food), reusable cutlery, straw, lid and drink cup, cloth napkin, and reusable bag to hold it all, with the Estes Park logo on the bag and on larger items in the kit. 5. Environmental, wildlife, and nature interpretive signage. 6. Conducting robust and ongoing environmental public education campaigns. Public Education Changing community norms require reminder and education. An ongoing program of public service information will support the community as it moves toward greater mindfulness and sustainability. Recommendation #40: Encourage the public to carry a reusable water bottle or cup with them instead of relying on bottled water and nonrecyclable cups. Recommended timeline: 2022/ongoing. Solid Waste Management 20 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Recommendation #41: Encourage the Library continue to offer free sustainability classes on topics such as how to recycle correctly, home composting, how to reduce junk mail, information on home energy efficiency and heat pump installation, repair “café” nights, where to apply for free energy upgrades or low-interest energy-efficiency loans, how to reduce household food waste to save money, etc. Recommended timeline: 2022/ongoing. Recommendation #42: Run weekly ads in the Estes Park Trail-Gazette and Estes Park News with sustainability tips and remind community members and visitors what can and cannot be recycled. Recommended timeline: 2022/ongoing. Recommendation #43: Offer age-appropriate recycling and composting projects for children at Estes Park public and private schools, as well as the Library. Recommended timeline: 2022/ongoing. Concluding Considerations Regarding Solid Waste Management The recommended actions outlined above would put Estes Park in the forefront in Colorado and nation-wide, although it’s important to remember that in time these measures are destined to come for all American communities, not just ours. Even so, these actions are only a starting point. As U.S. communities move toward sustainability and phase out disposables, even more steps than the ones outlined here will be needed at the local level. By taking the initiative now, Estes Park can show visitors we care about the environment and are prepared to act—ensuring that we’re a fit community to act as gateway to Rocky Mountain National Park. Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Institutional Factors for Sustainability Introduction Estes Valley’s environmental sustainability is under threat from increasingly severe drought, wildfires, flooding, and habitat degradation due to climate change, compounded by pressures on our community from exponential growth in tourism with overuse of resources. Town government has responded to these growing threats with a range of important actions. But lacking a comprehensive sustainability plan and coordinated climate action policy, these actions have been piecemeal and limited compared to the sustainability programs of other p remier Colorado mountain communities. Comprehensive Sustainability Planning and Programs A core feature of sustainability policies is their systematic concern with community, economy, and environment. All three of these aspects of a Town's goals, policie s, and programs must be addressed in balance for sustainability. This multi-level framework, sometimes called the "triple bottom line " or the "pillars" of sustainability , is essential for effective, sustainable responses to the problems we face. Models for Estes Park Other mountain towns and county governments in Colorado have seen the importance of sustainability as the core of their planning and development frameworks. Many premier mountain destination communities have had sustainability plans and programs for more t han a decade. These include Aspen and Pitkin County, Breckenridge and Summit County, Durango, Steamboat Springs and Routt County, and Vail and Eagle County. These towns and counties have detailed sustainability plans, climate action policies, permanent community sustainability advisory boards, staff managers for their sustainability plans, and the towns have (or are pursuing) Sustainable Destination certifications. Their institutional policies and extensive program experience provide a rich resource for Estes Park to rapidly construct its own frameworks for sustainability. Recommendation #44: Create a permanent Environmental Sustainability Advisory Board. Recommended timeline: 2022-2023. An Environmental Sustainability Advisory Board would provide community guidance and recommendations to the Town, as requested by the Town Board or the Town Administrat or, regarding climate action policies, sustainability policies and programs, annual Strategic Plan recommendations, and environmental sustainability recommendations to the Comprehensive Plan Advisory Committee. The Advisory Board will coordinate with other Town advisory bodies, such as the Transportation Advisory Board and the Parks Advisory Board, on energy or environmental aspects of issues that may pertain jointly. Institutional Factors 22 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Members should include residents from the Town and adjacent county areas within the scope of the Comprehensive Plan or within the service area of Estes Power and Communications. Staff designated by directors of Community Development, Power and Communications, Public Works, and other appropriate Town departments may participate in board meetings as ex-officio members. The Estes Park Sustainability Coordinator (see below) should serve as the primary liaison to the Advisory Board and provide staff support for board meetings. Other staff support should be provided, as required, by Town departmental staff as assigned by the Town Administrator. Recommendation #45: Establish sustainability as a core feature of the Comprehensive Plan. Recommended timeline: 2022. For Estes Park to realize the benefits of a comprehensive sustainability plan, like those adopted by other destination communities, sustainability principles need to be applied throughout Estes Park's new Comprehensive Plan. Currently under development, with funding from DOLA, the Comprehensive Plan is incorporating resiliency principles in alignment with DOLA's resiliency standards. Resiliency is only a subset, however, of sustainability principles. DOLA has, in fact, made American Planning Association (APA) guidelines, titled Comprehensive Plan Standards for Sustaining Places (Sustaining Places), its reference standard for local community development and planning, and these standards are built on sustainability principles. The APA sustainability standards do not prescribe plan provisions. Instead, presented as a "scorecard," they comprise a reference standard of sustainability principles and best practices. The scorecard is used during plan development to assess ("score") plan elements for their strengths and gaps in building sustainability. To that end, the Town should: 1. Use the APA sustainability standards "scorecard" in development of Comprehensive Plan, and provide the APA scorecard (see Appendix #5) to each member of the Comprehensive Plan Advisory Committee and other interested parties for their individual use in assessing the many provisions of the new plan as they are formulated and to identify sustainability principles that have not yet been incorporated in the plan. 2. Use the APA scorecard to create a sustainability index for the final Comprehensive Plan. Use of the APA scorecard during plan development will provide deep transparency regarding the goals and standards used in the plan's development. Used systematically, the scorecard also automatically "indexes" provisions of the final plan according to the principles of sustainability that they address or implement. This "sustainability index" will provide a roadmap to the plan's sustainability provisions. The sustainability index also can establish an important link between annual Strategic Plan goals and specific provisions of the Comprehensive Plan, a s outlined next under Recommendation #46. Recommendation #46: Fully integrate sustainability into the Town’s annual strategic planning. Recommended timeline: 2022/ongoing. The annual Strategic Plan is a lynch pin between Town Board policies and specific programs and investments to address community needs. It also is where the vision, goals and sustainability principles of the Comprehensive Plan can systematically support and guide actions in the Strategic Institutional Factors 23 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Plan (and in the Capital Improvement Plan because each CIP project lists goals in the Strategic Plan that it supports). To be fully effective, sustainability plans also require performance measures, ongoing project performance assessments, and project realignments: "You can't manage what you don't measure ." The Strategic Plan is perfectly suited for this function if performance measures and baseline data are defined for its goals and objectives. To that end, and related to the preceding recommendation, the Town should: 1. Align goals and objectives in the annual Strategic Plan with sustainability principles and ground them on provisions in the Comprehensive Plan. Use the APA Sustainability Standards scorecard (as adopted for the Comprehensive Plan) to specify the sustainability principle(s) and practice(s) that are aligned with individual Goals and Objectives in the Strategic Plan. This alignment can be presented in the Strategic Plan matrix by adding, under each "Outcome Area," an initial "Sustainability Principle" column and then a "Practice" column. By using the same sustainability standards reference, the provisions of the Comprehensive Plan and the goals/objectives of the Strategic Plan (and CIP projects) are linked through their shared alignments with specific sustainability principles/practices. 2. Establish performance measures for each Goal/Objective in the Strategic Plan. Performance metrics and review periods (for example, one, three, or five years) should be set for each goal in the Strategic Plan. Performance measures may derive from the Comprehensive Plan or be developed in response to changing circumstances. Prescribed review periods will "schedule" a future Strategic Plan objective to review performance for that goal based on objective measures. 3. Require baseline data for key performance measures in the Strategic Plan. Baseline data should be collected, in many cases as an initial phase or objective for goals in each year's Strategic Plan. In some cases, however, collection of baseline data may be complex, requiring an extended effort to assemble. In these cases, the activity should have performance measures, but may need to commence while baseline data are still being compiled. Climate Action Policy When Colorado adopted the statewide "Climate Action Plan," it also called for new initiatives in every community for rapid reduction of greenhouse gas (GHG) emissions to secure a sustainable future. To help guide this shared campaign, th e state then prepared the Colorado 2020 GHG Pollution Reduction Roadmap (Roadmap). The "Climate Action Plan" sets three important deadlines for GHG emission reductions r elative to a 2005 baseline: 26% by 2025; 50% by 2030; 90% by 2050. The Roadmap analysis confirmed that current technologies can carry these goals forward, but additional actions and supporting policies are needed to achieve the timelines. The Roadmap states: State government cannot do this work alone. It is going to take the commitment, expertise, and engagement of Coloradans from diverse perspectives and from across the state to further refine, mobilize and implement key actions identified in this Roadmap. Institutional Factors 24 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 The Roadmap also spotlights the important role of local government in reducing GHG emissions from the largest sources in Colorado: transportation, electricity generation, buildings, and methane from landfills and sewage plants. Recommendation #47 : Develop Climate Action Policy. Recommended timeline: 2022 -2023. Suggested provisions in a community -wide Climate Action Policy include the following: • Assign high priority to concerted response by Town government to the imminent and seve re dangers of wildfires, flooding, and habitat degradation due to climate change. • Adopt provisions of the Colorado Climate Action Plan as sustainability goals for Town departments and commit to close cooperation with Larimer County in its Climate Smart initiatives. • Direct Town departments to expedite initiatives aligned with the Roadmap that reduce GHG emissions in transportation, electricity usage and generation, buildings, and waste management. • Establish an Environmental Sustainability Advisory Committee. (See Recommendation #44) • Direct creation of two staff positions: Environmental Sustainability Manager and Grant Development Manager. (See Recommendations #48 and #50.5) • Direct adoption of sustainability policies and practices for Town operations and facil ities. (See Recommendation #49.2) • Direct Estes Power and Communications to adopt a clean energy, sustainability, and GHG pollution reduction plan (Clean Energy Plan). (See Recommendation #51) Estes as a Sustainable Community Residents and visitors alike are drawn to Estes Park by the natural beauty of the Estes Valley and the wild majesty of Rocky Mountain National Park. The ESTF community surveys and listening sessions (see Appendix #1) confirm a broad-based desire for strong leadership by the Town in preserving and enhancing the area’s environmental sustainability . Recommendation #48: Create an environmental Sustainability Manager position. Recommended timeline: 2022-2023. Many Colorado communities, including the mountain destination towns that can serve as models for Estes Park, have established a position of sustainability coordinator or manager to direct their sustainability programs, engage and support their community sustainability council/advisory board, and coordinate programs across their town government. The sustainability manager role is considered essential for accomplishing the Town's sustainability goals. Suggested responsibilities for an Environment al Sustainability Manager position include: • Serving as liaison to the Town's environmental Sustainability Advisory Board; provide support for the board's meetings. • Coordination and outreach with Town departments concerning sustainability policies, programs, and new initiatives; organize and support staff training in sustainability principles. Institutional Factors 25 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 • Collaboration with the Town's grant development manager in identifying and formulating sustainability initiatives and funding opportunities. • Liaison to Visit Estes Park, Estes Park Chamber of Commerce, and other community organizations regarding sustainability and managed destination programs. (See Recommendation #49) • Liaison to sustainability offices/programs of Estes Valley schools and special districts, Lari mer County, state offices, and other governmental jurisdictions. • Collaboration with Town departments in development of sustainability performance measures and baseline inventories. Participation in program performance reviews related to sustainability me asures. • Serve as a staff resource regarding sustainability principles and practices for the Town Board's annual Strategic Plan. • Preparation of annual sustainability progress report. The Sustainability Manager's extensive management responsibilities, ongoin g interdepartmental functions, and high-profile community engagements recommend a manager -level position that is located centrally in the administration. Recommendation #49: Reposition Estes Park as a Sustainable Destination. Recommended timeline: 2022-2025/ongoing. To help make Estes Park a sustainable community for visitors and its own residents, the Town should: 1. Support the sustainability initiatives of Visit Estes Park. With a realignment of staff and addition of a sustainability manager position, VEP is working to establish the Estes Valley as a sustainably managed tourism destination. The Town should cooperate fully in these new initiatives. 2. Adopt sustainability policies and practices for Town operations and facilities. In consultation with VEP, identify the Sustainable Destination standards for Town operations and facilities for implementation to the extent feasible. Integrate sustainability awaren ess and skills into staff training. 3. Conduct sustainability education campaigns for residents and visitors that: • Raise awareness in the community and with Estes Park businesses about the value of sustainability practices, explain the Town's sustainability p lanning, and spotlight current accomplishments. Use Town newsletters, have displays and literature at the Visitor Center and at events, host a sustainability tent at festivals. • Create a sustainability portal on the Town website to educate residents and vi sitors about resources and Town policies and programs for sustainability. • Cooperate with VEP's Sustainable Destination educational outreach to Town partners and stakeholders and its information campaigns for current visitors and values -based tourism markets. Institutional Factors 26 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Funding for Sustainability Adoption of sustainability principles and practices in Town policies and programs often can yield ongoing benefits at modest expense. But more substantial costs are associated with new staff positions and training, heightened community outreach, baseline data inventories, matching funds for sustainability grants, and investments for renewable energy and beneficial electrification projects. Funding mechanisms or sources therefore must be aligned with recommended actio ns for greater community resilience and environmental sustainability. Principal funding mechanisms for the Town and the broader community include grant funds, tax funds, and municipal or district bond funds, plus revenue sources from Town enterprise fund departments, specifically Estes Park Power & Communications. (See Recommendation #51 regarding Estes Park Power & Communications) Recommendation #50 : Strengthen the framework for funding sustainability. Recommended timeline: 2022/ongoing. Suggestions for how to strengthen the framework for funding include: 1. Coordinate all funding mechanisms by aligning them with shared sustainability principles. In addition to identifying sustainability principles and practices for Strategic Plan goals/objectives (see Recommendation #46), sustainability practices should be a feature of grant proposal workplans, sales tax funds, and bond issuances. Bond Funds 2. Make sustainability a management principle in all bond issuance s. A $114 million general improvement bond issued in 2021 for a school district demonstrates how the terms of municipal and district bonds can infuse sustainability into project execution. The bond 's mission statement explicitly establishes sustainability as a guiding principle. Environmental, social, and economic sustainability will be examined in planning and design for every project financed. And following principles of sustainability for communi ty engagement, residents will rank their sustainability priorities for the different projects. This strategy builds sustainability into the projects funded, whether by grant funds, tax funds, or bond funds; it also can strengthen community support for the funding proposal. Grant Funds Greater grantmaking capacity is a key tool for financing new sustainability initiatives and accelerating reductions in GHG pollution. This is especially true with the availability of state funding under the Colorado GHG Pollution Reduction Framework and pending dispersal of $1.2 trillion in federal funding through the states and directly in federal grants under the 2021 Infrastructure Investment and Jobs Act (Infrastructure Act). The Town of Estes Park has a track record of successful grant awards to launch major community investments, achieved through skilled staff grantsmanship and relationships with key funders, combined with Estes Park's stature as a world -class tourist destination. These past successes justify expanding the Town's internal capacities for concurrent grant development, preparation of technically and organizationally complex proposals, and coordination for multi -jurisdiction projects. Institutional Factors 27 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 Investments in these capacities can return far greater benefits to the Town, as shown by the awards issued in 2020 from the Colorado Renewable & Clean Energy set aside. Estes Park can be praised for securing a $15,000 EV planning a ward from this source. That was, however, the smallest award; twenty-seven recipients received awards totaling almost $10.7 million —an average greater than $395,000. Crested Butte, Breckenridge, and Creede received $250,000, $650,000, and $650,000, respectively. Estes Park's track record shows the Town's competitiveness for major awards; with greater priority placed on grants planning, coordination and preparations, Estes Park can be better prepared to undertake major projects through new funding opportun ities in the future. 3. Promote grant development as a strategic investment. 4. Create an interdepartmental Grant Development Team. Team members would include Town department directors (or senior designees), the Environmental Sustainability Manager, and the Grant Development Manager who serves as Team coordinator. The Team functions to match Town Strategic Plan goals/objectives and the programmatic needs of Town departments with grant award opportunities and requirements, to prioritize grants, and to coordinate interdepartmental grant proposals. 5. Establish (or reclassify) a position as Grant Development Manager. The position would have the following suggested responsibilities: • Research federal and state grant opportunities that align with the Comprehensive Plan and are supportive of Strategic Plan goals. Maintain cooperative relationships with funding agencies. • Serve as a staff resource for the Town Board's Strategic Plan development process. • Serve as coordinator for the Grant Development Team and interdepartmental grant development. • Guide proposal development to meet grant submission specifications and deadlines. • Help identify opportunities for interjurisdictional projects and participate in related grant development efforts. • Prepare progress reports and an annual report for the Town Board on grant opportunities, development goals, timelines, and status. The Grant Development Manager's extensive management responsibilities, ongoing interdepartmental functions, intergovernmental relations, and complex project development responsibilities recommend a manager -level position that is located centrally, e.g., Finance Department or Administrator's office. Estes Clean Energy Plan Estes Power and Communications (Estes Power) is one of the Town's most powerful tools for community sustainability programs and reduction of GHG emissions, but that potential has had limited development. A comprehensive clean energy, sustainability and GHG pollution reduction plan (Clean Energy Plan) should be implemented by E stes Power that incorporates industry best practices. A comprehensive plan is needed to cut GHG pollution in alignment with the Colorado Roadmap. It also can be an essential tool in minimizing network costs to supply rapid growth in electric demand with Institutional Factors 28 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 widespread adoption of electric vehicles, building electrification, and distributed energy sources, as discussed in other parts of this report. Recommendation #51 : Establish an Estes Clean Energy Plan in accordance with industry standards as outlined below. Recommended timeline: see each item. The American Public Power Association (APPA) Smart Energy Provider program delineates benchmark standards and evaluation guidelines that Estes Power should adopt, and the following recommended measures to initiate a Clean Energy Plan correspond to just a subset of benchmarks in APPA's standards of industry best practices. 1. Compile a baseline "catalog" of clean energy incentive programs. Recommended timeline: 2022. A reference catalog of incentive measures should be compiled as a baseline for development of a Clean Energy Plan by surveying the diverse programs of other electric utilities that promote renewable energy and beneficial electrification. The APPA information clearinghouse is one resource for this effort. Closer to home, incentive programs of an electric distribution co -op in Colorado may be a good starting point. La Plata Electric Association (LPEA) has an extensive program with building efficiency audits and rebates for building efficiency improvements and for beneficial electrification, including HVAC heat pumps, hot -water heat pumps, and induction ranges/cooktops. It provides rebates for electric outdoor equipment (e.g., snow blower, lawn mower, leaf blower, chainsaw + battery), to help replace serious air pollution and noise sources. For electric mobility, it has rebates for e-bikes and provides free home level-2 electric vehicle smart chargers (or rebates if purchased); rebates also are offe red for commercial and public -use EV charging stations. These programs reflect sustainability's "triple bottom -line." For example, their rebate for conversion of a gas range to induction electric is more than for electric -to- induction conversion because gas conversion will remove long-term costs of GHG pollution. 2. Implement a portfolio of incentive programs from the catalog. Recommended timeline: 2022 - 2024/ongoing. Measures in the portfolio should be selected following sustainability principles, with comm unity participation and "triple bottom -line" performance measures, including GHG reduction effectiveness. How specific incentives affect network peak demand will be an important consideration. LPEA provides smart EV chargers for free because their chargers enable central control of one of the fastest growing demands on their network; limiting charging to real -time off-peak periods yields a three -year payback on their incentive costs. 3. Prepare a GHG emissions inventory for the Estes Valley. Recommended timeline: 2023. In consultation with other Town departments, compile baseline inventories for the Estes Valley of GHG emissions from major sources, including transportation, electricity usage and generation, buildings, waste management, and out door gas equipment. These data provide a basis for performance measures to continuously improve GHG emission reduction programs. Resources are available specifically to assist local governments (e.g., ICLEI—Local Governments for Sustainability ; Mountain Towns 2030 ). Institutional Factors 29 Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 4. Organize and invest in distributed energy generation and storage. Recommended timeline: 2022-2027/ongoing. Estes Power should take leadership in development of distribut ed energy generation on its network to spur develop and to help manage network demands. That role requires interjurisdiction collaboration (i.e., Estes Valley School District and Upper Thompson Waste Management) and joint initiatives with its counterpart utilities in partnership with PRPA. Working with the Estes Valley School District, for example, Estes Power can facilitate solar installations that supply a school's entire electrical consumption and cut total costs over the life of the equipment. Almost every respondent to the ESTF residential survey said that adoption of solar energy by the school district is important; nearly half gave it the highest level of importance. With recent innovations, Estes Power also can partner with the school district to r eplace polluting diesel buses with electric, which then serve as dispatchable electric storage for the network, while cutting school bus operating costs —a significant item in school district budgets. Electric school buses recharge during off -peak periods, when they are idle, and then supply power to the utility grid during on-peak periods, yielding net cost reductions for the school district and savings for the utility, as well as health benefits by eliminating GHG and other pollution in diesel exhaust. A pilot program that employs electric school buses as DERs is now underway for Durango School District 9-R and the La Plata Electric Association (LPEA), with grant support from the regional Air Quality Control Commission. LPEA has led development and contributed $130,000 to the pilot project. LPEA identified a crucial grant opportunity, designed the proje ct, secured school district participation, provided grant matching funds, engaged the vendor, and purchased the equipment to connect electric buses as a dispatchable power source for the utility's distribution network. Having confirmed 60kW/bus dispatchabl e power, LPEA now expects payback of its costs in eight years. Estes Power should evaluate a similar pilot project with the Estes Valley school district. With at least $50 billion designated by the Infrastructure Act for electrification of school buses, su ch a project might well be expanded to include all four municipal utilities and their school districts on the PRPA grid, providing a large shared distributed resource, as well as pollution reduction on a major scale. More generally, however, the LPEA proje ct demonstrates the diverse roles that Estes Power should be prepared to undertake in fostering distributed energy resources, such as those spotlighted in other parts of this report, and achieving key goals in an Estes Clean Energy Plan. Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 30 Endnotes 1 https://ftcollinscap.clearpointstrategy.com/ 2 https://www.larimer.org/sites/default/files/uploads/2021/cslc_public_brochure_final_12.7.2020.pdf 3 https://cohealthviz.dphe.state.co.us/t/EnvironmentalEpidemiologyPublic/views/DRAFTGreenhouseGasMetricsDashoard - MGH/GreenhouseGasMetricsDashboard?:showAppBa nner=false&:display_count=n&:showVizHome=n&:origin=viz_share_lin k&:embed=y&:deepLinkingDisabled=y 4 https://www.rockymountainclimate.org/images/extremes/LarimerExtremesFinal.pdf 5 https://www.nrel.gov/docs/fy16osti/65298.pdf 6 https://cossa.co/solar -and-storage-friendly-communities/ 7 https://solsmart.org/how -we-help/what-is-solsmart/ 8 https://coops.solarunitedneighbors.org/coops/denver -solar-co-op-2/ 9 https://www.nrel.gov/news/program/2021/documenting -a-decade-of-cost-declines-for-pv-systems.html 10 https://www.energy.gov/oe/activities/technology -development/grid-modernization-and-smart-grid/role-microgrids- helping 11 https://cleantechnica.com/2021/11/24/a -bright-future-for-landfill-solar-yes-landfill-solar/ 12 https://www.asumag.com/green/sustainability -initiatives/article/20856800/solar -array-in-colorado-district-will- completely-offset-electricity-use-at-elementary-school 13 https://www.panparks.org/vertical-axis-wind-turbines/ 14 https://www.gunnisontimes.com/articles/taylor -park-dam-may-soon-produce-hydropower/ 15 https://www.holycross.com/basalt-vista-affordable-housing-project/ 16 https://revivefc.com/ 17 https://www.denvergov.org/content/denvergov/en/mayors -office/newsroom/2020/new-pilot-program-encourages- more-sustainability-and-more-afford.html 18 https://rmi.org/insight/gas -stoves-pollution-health/ 19 https://www.naturalgasintel.com/denver -looking-to-phase-out-natural-gas-in-commercial-multifamily-buildings/ 20 https://news.yahoo.com/in -significant-climate-change-action-new-york-city-bans-new-gas-hookups- 173727046.html?guccounter=1 21 https://www.energysmartcolorado.com/take -action/beneficial-electrification/ 22 https://sealed.com/resources/winter-heat-pump/ 23 https://rmi.org/heat -pumps-a-practical-solution-for-cold-climates/ 24 https://www.energy.gov/energysaver/ductless -mini-split-heat-pumps 25 https://www.npr.org/2021/09/04/1033585422/the -housing-shortage-is-significant-its-acute-for-small-entry-level- homes?utm_source=pocket -newtab 26 https://www.homeserve.com/en-us/blog/how-to/home-water-conservation/ 27 https://moneyning.com/shopping -smart/what-does-buying-a-hot-tub-really-cost-6-hidden-expenses-to-consider/ 28 https://www.theverge.com/2021/12/30/22860068/nyc -police-car-electric-ford-mustang-mach-e 29 https://raqc.org/program/mow -down-pollution-residential/ 30 Started by the late Jean Weaver, a longtime Estes Park resident. See: https://www.lwv - estespark.org/content.aspx?page_id=22&club_id=706933&module_id=390961 31 2021 National Community Survey commissioned by the Town of Estes Park. https://public.tableau.com/app/profile/polco.nrc/viz/TheNCSReport -EstesParkCO2021/About?publish=yes%C2%A0 32 ESTF Public Comment Listening Session, October 14, 2021, and informal polling conducted by CRC in May 2021 33 “Recycling Basics” (see “Benefits of Recycling”), U.S. Environmental Protection Agency [EPA] https://www.epa.gov/recycle/recycling -basics 34 Virtual meeting between Lou Perez, former project director with Larimer County Solid Waste Department and CRC, May 2021. In 2020, Waste Management reported to Larimer County that they hauled 63,544 cu bic yards of trash and 4,386 cubic yards of recycling from Estes Park. This includes the amount of both trash and recycling that Doering takes to the transfer station, as well as recycling from the Estes Park Residential Recycling Center. 35 Ibid. 36 https://www.thedenverchannel.com/news/local -news/colorado-remains-one-of-the-20-worst-states-in-the-nation-when- it-comes-to-recycling 37 Ibid. Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 31 38 Informal polling conducted by CRC in May 2021 39 Per research by Marina Connors of CRC, sent by email December 13, 2021. Thanks to Marina Connors for obtaining this information. 40 “A Crucial Opportunity in the Climate Fight,” Environmental Defense Fund, https://www.edf.org/climate/methane-crucial- opportunity-climate-fight See also, “The Importance of Methane,” US EPA https://www.epa.gov/gmi/importance -methane 41 “Sustainable Management of Food Basics,” US EPA https://www.epa.gov/sustainable -management-food/sustainable- management-food-basics 42 Judith D. Schwartz, “Soil as Carbon Storehouse: New Weapon in Climate Fight?” Yale Environment 360, March 4, 2014, https://e360.yale.edu/features/soil_as_carbon_storehouse_new_weapon_in_climate_fight 43 “Methane Emissions Are Driving Climate Change. H ere’s How to Reduce Them.” United Nations Environment Programme, August 20, 2021, https://www.unep.org/news -and-stories/story/methane-emissions-are-driving-climate-change-heres-how- reduce-them 44 Conversation between Duane Penney and ESTF member Barbara Wer ner; October 17, 2021. 45 “Food Waste FAQs,” US Department of Agriculture. The USDA estimates that 30 -40% of perfectly good food goes to the landfill, based on estimates from USDA’s Economic Research Service of 31% food loss at the retail and consumer level s, corresponding to approximately 133 billion pounds and $161 billion worth of food in 2010. This amount of waste has three far-reaching impacts on society: 1. Wholesome food that could have helped feed families in need is instead dumped in landfills; 2. L and, water, labor, energy, and other inputs that are part of producing, processing, transporting, preparing, storing, and disposing of discarded food are completely wasted; and 3) Needlessly discarding food contributes to methane production and global clim ate change. https://www.usda.gov/foodwaste/faqs Those who need further convincing may want to explore the shocking videos posted on TikTok by Dumpsterdivingfreegan, showing examples of the wanton food waste practiced daily by food stores across the nation. 46 Lauren Manning, “Restaurants Can Earn $7 for Every $1 They Invest in Fighting Food Waste,” AgFunder News, February 13, 2019 https://agfundernews.com/breaking -restaurants-can-earn-7-for-every-1-they-invest-in-fighting-food-waste-new- report.html#:~:text=AgFunder%20Network%20Partners - ,Restaurants%20Can%20Earn%20%247%20for%20Every%20%241%20They,Fighting%20Food%20Waste%20%E2%80%93%20 new%20report&text=February%2013%2C%202019 - ,Restaurants%20can%20earn%20%247%20for%20every%20%241%20they%20invest%20in,Resources%20Action%20Program me%20(WRAP). 47 https://plasticoceans.org/the-facts/ 48 Courtney Lindwall, “Single-Use Plastics 101,” Natural Resources Defense Council, January 9, 2021 https://www.nrdc.org/stories/single-use-plastics-101 49 “Reasons to Avoid Bottled Water ,” Harvard University https://green.harvard.edu/tools -resources/green-tip/reasons- avoid-bottled-water 50 Ibid. 51 Jenny L. Carwile, Henry T. Luu, Laura S. Bassett, Daniel A. Driscoll, Caterina Yuan, Jennifer Y. Chang, Xiaoyun Yee, Antonia M. Calafat and Karen B. Michels, “Polycarbonate Bottle Use and Urinary Bisphenol A Concentrations,” Environmental Health Perspectives, National Institutes of Health, May 12, 2009 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2737011/ 52 Kevin Forestieri, “Mountain View Bans Plastic Food Ware for All Restaurants Starting in 2023,” Mountain View Voice, November 16, 2021—this is just one of the growing number of tourist locations going beyond bans on plastic bags and polystyrene takeout containers. https://mv -voice.com/news/2021/11/16/mountain-view-bans-plastic-food-ware-for-all- restaurants-starting-in-2023?utm_source=Sailthru&utm_medium=email&utm_campaign=Issue:%202021 -11- 19%20Waste%20Dive%20Newsletter%20%5Bissue:38141%5D&utm_term=Waste%20Dive 53 “Banning Single-Use Plastics,” Environment America, https://uspirgedfund.org/sites/pirg/files/reports/US%20Single - Use%20Plastics%20-%20Coastal_1.pdf. In the United States, nine states (one de facto) and five territories have banned single-use plastic bags. A list of the 157 countries that have banned single -use plastics like bags can be found at https://en.wikipedia.org/wiki/Phase-out_of_lightweight_plastic_bags. A list of the 29 countries that have banned single -use takeout polyethylene (Styrofoam) can be found at https://en.wikipedia.org/wiki/Phase -out_of_lightweight_plastic_bags. Canada will ban all plastic bags, straws, stir sticks, six -pack rings, plastic cutlery and food takeout containers by the end of 2021 ( https://thehill.com/changing-america/sustainability/environment/520071 -canada-is-banning-all-plastic-straws- cutlery-by). The United Kingdom will ban all polystyrene cups and plates, plastic straws, plastic earbuds, and plastic utensils by 2023 (https://www.bbc.com/news/uk -politics-58360064). And France has had a total ban on plastic bags, cups, plates, and cutlery since 2020 (https://www.globalcitizen.org/fr/content/plastic -bans-around-the-world/). 54 Brooke Bauman, “How Plastics Contribute to Climate Change,” Yale Climate Connections, August 20, 2019 https://yaleclimateconnections.org/2019/08/how -plastics-contribute-to-climate-change/ 55 Laura Parker, “A Whopping 91% of Plastic Isn’t Recycled,” National Geographic, December 20, 2018 https://www.nationalgeographic.com/science/article/plastic -produced-recycling-waste-ocean-trash-debris-environment Estes Park Environmental Sustainability Task Force - Final Report January 31, 2022 32 56 “Litter in America: Results from the Nation’s Largest Litter Study,” Keep America Beautiful Inc., January 2010 https://kab.org/wp-content/uploads/2019/11/LitterinAmerica_FactSheet_LitterOverview.pdf 57 “Greenhouse Gases Linked to Degrading Plastic,” University of Hawai’i News, August 1, 2018, https://www.hawaii.edu/news/2018/08/01/greenhouse -gases-linked-to-degrading-plastic/ 58 Microplastics Wikipedia entry https://en.wikipedia.org/wiki/Microplastics 59 Claudia Campanale, Carmine Massarelli, Ilaria Savino, Vito Locaputo, and Vito Felice Uricchio, “A Detailed Review Study on Potential Effects of Microplastics and Additives of Concern on Human Health,” National Institutes of Health, US National Library of Medicine, February 13, 2020 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7068600/ 60 “Impact of Plastic in the Polar Regions,” British Antarctic Survey, National Environmental Research Council, October 1, 2017-October 1, 2020 https://www.bas.ac.uk/project/impact -of-plastic-in-the-polar- regions/#:~:text=Microplastics%20have%20been%20found%20in,a%20variet y%20of%20marine%20species 61 George Wetherbee, Austin Baldwin and James Ranville, “It Is Raining Plastics,” U.S. Department of the Interior and U.S. Geological Survey, 2019 https://pubs.usgs.gov/of/2019/1048/ofr20191048.pdf 2/8/2022 1 Environmental Sustainability Task  Force Report  Presentation To  The Town  Board February 8, 2022 Primary Focus Areas (presenters listed first): Electric Energy (Gordon MacAlpine, Thomas Beck, William Fryer, Thomas Keck) Building Sustainability (Gordon MacAlpine, Thomas Beck, William Fryer, Thomas Keck) Electrification of Vehicles  and Equipment (Thomas Keck, Thomas Beck, William Fryer,  Gordon MacAlpine) Reducing Solid Waste  (Lisa Hutchins, Patricia Donahue, Barbara Werner) Institutional Factors For Sustainability (Douglas Sacarto, David Diggs) FOCUS AREA: ELECTRIC ENERGY Gordon MacAlpine, Thomas Beck, William Fryer, Thomas Keck RECEIVED 2022-02-08 BY NOON 2/8/2022 2   Recommendation #1: Educate the  public about solar  opportunities on residential buildings,  and encourage  solar  development by becoming a solar high achieving community and  adopting  programs for reducing soft costs. Offer local incentives  for  those with qualifying financial status.  Recommended timeline: 2022‐2023/ongoing.    Recommendation #2: Provide information  to businesses about solar generation  and  funding  opportunities. Also, give recognition to  solar‐generating business  establishments, with displayable  certification  placards. Recommended timeline: 2022‐2023/ongoing.  ELECTRIC ENERGY 2/8/2022 3 Recommendation #3: For  now, provide information on battery storage to all electricity customers. If  mandatory time‐of ‐use rates  go  into effect, then  revisit this  issue. Encourage electricity providers to  consider the benefits of subsidizing residential or  commercial batteries. Recommended timeline: 2022‐ 2023.  Recommendation #4: Investigate and encourage solar generation on our public buildings, parking  structure, and old landfill. Give strong encouragement for PRPA RFP proposals for solar generation and  battery storage here in Estes Park.  Also, investigate state‐supported opportunities for establishing  resilience microgrids in Estes Park. Recommended timeline: 2022/as soon as possible.  Recommendation #5: Although the Estes  Park schools are not included in Town  governance, we  recommend that their sustainability efforts be encouraged  and supported as  much  as possible.  Recommended timeline: 2022/ongoing.   Recommendation #6: Reconsider the Development Code regulations for wind generators, taking into  consideration vertical axis  configurations. Recommended timeline: 2022‐2024.  Recommendation #7: Arrange with our local utility to have preparations in  place for using water in  Mary’s Lake to  provide up  to  10 MWh of electric energy in case of emergency. This can be done in  coordination with the Western  Area Power  Association when the new electric lines are being brought up  from the  Loveland area, and the old lines are being removed. Also, investigate  the use of Lake Estes and  Mary’s Lake for pumped energy storage. Recommended timeline: 2022‐2024.   2/8/2022 4 FOCUS AREA: BUILDING SUSTAINABILITY Basalt Vista Net Zero Affordable Housing Thomas Beck, William Fryer, Thomas Keck, Gordon MacAlpine 2/8/2022 5 Recommendation #8:   A. Ask a local group, such as students in the high school sustainability class, to take ideas from  existing  lists of home energy‐saving practices and  prepare a short energy ‐use pamphlet, which the Town could  make widely available to residents, either in  print or electronic format.     B. To increase  the effectiveness of Efficiency Works for  customers of  Estes Park  Power and   Communications (EPPC), the Town should hire or  designate and  train an  employee of EPPC with  expertise in  energy efficiency. This individual would be compensated  from  EPPC enterprise funds. Duties  would include:  (1) promoting Efficiency Works by educating customers about the program and available rebates.  (2) Carrying out energy audits or inspections  as requested by EPPC customers.  (3) Recruiting and incentivizing local contractors to take part in the Efficiency Works  program.    Recommended timeline: 2022‐2023.  EXISTING BUILDINGS NEW BUILDING CONSTRUCTION  AND EXISTING BUILDING RETROFITS 1. Sustainable, high‐performance houses built here as well as retrofits should be required to have the  highest standards for tight envelopes, insulation, windows and doors. Well‐sealed houses will take  optimal advantage of the best energy‐efficient heating or cooling practices, while fresh, healthy air in  the living environment is provided by “energy recovery ventilators.”   2. All new and remodel houses should take advantage of beneficial electrification and eliminate new gas  hookups. Building sustainable homes means moving away from appliances and equipment that would  otherwise burn natural gas, and installing cleaner and higher‐efficiency electric appliances. All‐electric  homes are healthier, safer environments, and they significantly reduce environmental harm if the  electricity is derived from clean, renewable sources like solar or wind.    Recommendation #9: The Estes Park Community Development Department, in coordination with the  Planning Commission and the Town Board, should require or incentivize the following construction  practices for new buildings and retrofitting or remodeling existing buildings. Recommended timeline:  2022‐2024.  2/8/2022 6 4. All new homes should take advantage of clean renewable energy as much as practical. They should  make use of opportunities for passive solar heating, and they should be ready for solar PV installation  and EV chargers, with electrical pre‐wiring or electric capacity.  5. All new and remodel construction should be equipped with at least a 200A electric service, which will  allow for beneficial practices like EV charging and the use of heat pumps.  6. There should be some means to incentivize developers away from building wastefully oversized  homes, which are bad for the environment, wildlife, and affordable home availability. In the City of  Boulder, homes with larger square footage have more stringent energy rating index (ERI) requirements.  3. New and remodel construction should involve modern, highly efficient heat pump technology for  heating homes during the winter and cooling during the summer.  Heat pumps have improved  dramatically in recent years in terms of efficiency, effectiveness, cost, and availability.  FOCUS AREA: VEHICLE AND EQUIPMENT ELECTRIFICATION Thomas Keck, Thomas Beck, William Fryer, Gordon MacAlpine  2/8/2022 7 VEHICLE AND EQUIPMENT ELECTRIFICATION Recommendation #10: Replace the Town's ICE police vehicles with electric vehicles because of the large  amount of idling and high mileage usage that police cars incur. EVs also have superior acceleration  compared to ICE vehicles. The Boulder County Sheriff's Department has already begun converting their  fleet to EVs. Their Tesla Model Ys’ operating expense is only $0.03 a mile versus $0.18 (one sixth of the  cost) of the Ford Explorers they will be replacing. Recommended timeline: as soon as possible.  Recommendation #11: Include requirements in vendor contracts establishing a date for converting the  contract vehicles used for Town projects to electric vehicles. Recommended timeline: 2022‐2023.  Recommendation #12: Establish incentives for residents to convert to personal electric vehicles.  Recommended timeline: 2022‐2023.  Recommendation #13: Install an additional three Level 2 dual ported J‐1772 chargers in three of the  larger Town parking lots and a dual ported charger in the Estes Valley Community Center parking lot to  provide eight additional charging ports which would bring the Town total level 2 ports to 21. Suggested  timeline: 2022‐2023.  Recommendation #14: Initiate discussions with RMNP about adding charging stations in the middle  (Alpine Visitor Center) and west side (Kawuneeche Visitor Center) of the Park. As EV adoption grows, the  lack of fast charging in RMNP may substantially impact EP tourist visitation and therefore Town revenue.  Suggested timeline: 2022‐2024.  2/8/2022 8 Recommendation #15: Include installation of a NEMA14‐50 AC garage outlet in the building code for  new single family residential homes. At the time of construction, this should add less than $100 in cost  to the house if the breaker panel is in the garage. Recommended timeline: 2022‐2023.   Recommendation #16: Require installation of one Level 2 AC charger for every three housing units for  multi‐unit rental housing. Ideally, this would not only apply to new construction but also retrofitting  existing multifamily housing. Recommended timeline: 2022‐2023.  Recommendation #19: Hold a widely advertised electric vehicles, electric chargers, and electric  equipment exhibition each year in the Event Center. This could be highly useful not only for residents,  but also for visitors. Recommended timeline: 2022‐2023/ongoing.  2/8/2022 9 Reducing Solid Waste in the Estes Valley Patricia Donahue Lisa Hutchins Barbara Werner Landfill— Use Only as a Last Resort Photo courtesy of iStock 2/8/2022 10 Collection for Harder‐ to‐Recycle Items Special Recycling Events Photos courtesy of Vestil, Cathy Alper and Shutterstock Photos courtesy of Oregon Metro and Clarksville Now Please Keep These Out of the Landfill! 2/8/2022 11 Image courtesy of http://dmohamed.weebly.com/blog/effects‐of‐landfill‐sites Pollutes  Groundwater  and Soil Rotting Food and Yard Debris Makes  Greenhouse  Gases Photos courtesy of iStock and Unsplash 2/8/2022 12 “Pay As You Throw” Trash Pricing Pay Only For What You Can’t Recycle or Compost Unlimited Free Curbside Recycling— Recycle Everything You Can Photos courtesy of Vestil and iStock •Updated Public Recycling, Food Waste and Landfill Trash Bins Should Be Everywhere 2/8/2022 13 Deadly for Wildlife Bad for the Environment Photos courtesy of iStock, India Times, Harry Shudman, Jason Leo Bartle, Gold Country Wildlife Rescue, Wikimedia and Armando L. Sanchez/Chicago Tribune   •MICROPLASTICS Cancer Irritable Bowel Syndrome Gets Into Mother’s Placenta and Breast Milk DNA Damage Organ and Tissue Damage Body Inflammation Hormone Disruption Metabolic Disorder Plastics Release Greenhouse Gases As They Break Down…  …Plus, We  Ingest the Tiny Particles! Photo and graphic courtesy of iStock and Shutterstock 2/8/2022 14 Photos courtesy of Wikimedia, iStock, Public Domain Colorado HB 21-1162 Phases Out Plastic Bags and Styrofoam Takeout Containers Within Two Years Image from Rocky Mountain National Park Courtesy of the National Park Service Proposed Ban on Single-Use Plastics in National Parks 2/8/2022 15 *Source: Ipsos Polling Company, November 2021 The Public Supports a Ban on Single-Use Plastics in the National Parks 82% of US Voters Support Ban* 90% of Democrats 73% of Republicans We’ve Got Single-Use Plastics—Come and Get ‘Em—All You Want! 2/8/2022 16 Oh My Gosh— They’re Everywhere! Photos Courtesy of RTS, The Berkshire Edge and in the Public Domain The Horror! 2/8/2022 17 Carry Refillable Beverage Bottles and Cups Photos courtesy of iStock, Shutterstock and DrinkLavit Set up convenient “bag banks” for visitors and residents. Photos courtesy of Unsplash and Shutterstock 2/8/2022 18 Make These “Upon Request Only” Items Photos courtesy of Shutterstock, Amazon, Shuangtong Daily Necessities Sell VEP Visitor’s Trip Kit with Estes Park Logo Photos courtesy of iStock and Visit Estes Park 2/8/2022 19 Encourage Stores to Let Customers Bring Their Own Containers Photos courtesy iStock Thank you for considering these recommendations! Photo by Cathy Alper 2/8/2022 20 Institutional Factors  for  Sustainability Estes Park Environmental Sustainability Task  Force Presentation 39February 8, 2022 Workgroup  Members David Diggs Douglas Sacarto Meet own needs without  harming ability of future  generations to meet their needs Social EquityEconomic Vitality Environmental  Health These basic goals must be addressed in balance for sustainability. SUSTAINABILITY February 8, 2022 Estes Park Environmental Sustainability Task  Force Presentation 40 2/8/2022 21 Premier Mountain  Communities February 8, 2022 Estes Park Environmental Sustainability Task  Force Presentation 41 Community Models: Sustainability Planning February 8, 2022 Estes Park Environmental Sustainability Task  Force Presentation 42 Core Elements: Sustainability Framework Sustainability Plan (Estes Comp Plan) Balanced Policies and Practices Economy –Community –Environment Performance Measures and Objective Data (Estes Annual Strategic Plan) Scheduled Program Performance Reviews (Estes Annual Strategic Plan) Transparency and Authentic Public Engagement Advisory  Board Sustainability  Manager 2/8/2022 22 Environmental Sustainability Sustainability Framework + Climate Action + Solid Waste  Pollution Reduction Estes Park Environmental Sustainability Task  Force Presentation 43February 8, 2022 A Sustainable Environment is Our Foundation February 8, 2022 Estes Park Environmental Sustainability Task  Force Presentation 44 Resources: Sustainability Best Practices Sustainability Scorecard (SUSTAINING PLACES guidebook) Global Sustainable Tourism Council American Planning Association American Public Power Association GSTC Destination Criteria  (with performance indicators) Smart Energy Provider (best practices & standards) 2/8/2022 23 February 8, 2022 Estes Park Environmental Sustainability Task  Force Presentation 45 New  Comprehensive Plan Strong  Strategic  Planning PRPA  Accelerated  Renewables New  Collaborative  Planning by  Estes Power  VEP  Sustainable  Destination  Focus Major Grant  Funding  Availability Community  Support Estes Park: Factors  for Sustainability Success in 2022 February 8, 2022 Estes Park Environmental Sustainability Task  Force Presentation 46 CommunitySupportLeadership Page 62 TOWN BOARD MEETING February 8, 2022 Report and Discussion Item 2 STATUS OF VIRTUAL TOWN BOARD MEETINGS. 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