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HomeMy WebLinkAboutPACKET Town Board 2012-10-23The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 23, 2012 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Study Session Minutes dated October 9, 2012, Town Board Minutes dated October 9, 2012 and Town Board Budget Study Session Minutes dated October 5, 2012. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities, Public Works, October 11, 2012. 4. Estes Valley Planning Commission Minutes dated September 18, 2012 (acknowledgement only). 2. LIQUOR LICENSE ITEMS: 1. RENEWAL LICENSE – CISCOS, INC. DBA CISCOS, 509 BIG THOMPSON AVENUE, #300. Town Clerk Williamson. 2. RENEWAL LICENSE – SAFEWAY STORES 46, INC. DBA SAFEWAY STORE NO. 920, 451 E. WONDERVIEW AVENUE #1. Town Clerk Williamson. Prepared 10/15/12 *Revised: NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. AMENDED CONDOMINIUM MAP, Amended Map of Units 14, 17, 20, 21, & 22 of the Promontory at Kiowa Ridge Condominiums, Kenneth and Cheryll Martin/Applicants. 4. ACTION ITEMS: 1. AUDIT SERVICES ENGAGEMENT LETTER. Finance Officer McFarland. 2. ESTES VALLEY LIBRARY BOARD APPOINTMENTS. Town Clerk Williamson. 3. RESOLUTION #10-12 SECOND EXTENSION OF CABLE TELEVISION FRANCHISE AGREEMENT. Attorney White. 4. RESOLUTION #11-12 WAIVER OF MONTHLY BASE/MINIMUM CHARGE FOR WOODLAND HEIGHTS FIRE VICTIMS. Director Bergsten. 5. RESOLUTION #12-12 ESTES PARK LOCAL MARKETING DISTRICT BUSINESS AND OPERATING PLAN FOR 2013. Administrator Lancaster. 5. ADJOURN. Town of Estes Park, Larimer County, Colorado, October 9, 2012 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 9th day of October, 2012. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Also Attending: Assistant Town Administrator Richardson, Dir. Bergsten, Finance Officer McFarland, Manager Winslow, Supt. Fraundorf, Town Attorney White, and Deputy Town Clerk Deats Absent: Town Administrator Lancaster Mayor Pinkham called the meeting to order at 4:30 p.m. BAJA FRANCHISE AGREEMENT. Attorney White said that the Town has contracted with the firm of River Oaks Communication Corp. to provide guidance in reaching an agreement with Baja Broadband in regard to the renewal of their franchise and pole license agreements with the Town of Estes Park. He introduced Tom and Bob Duchen, representatives of River Oaks Communication Corp., who provided a progress report to the Board related to the agreements. The agreements are being modernized and updated with a draft franchise agreement and a draft pole attachment agreement having been sent to Baja for preliminary review. The franchise agreement includes but is not limited to: franchise fee of 5% of gross revenues for cable television service only (it does not include telephone or internet services being provided by Broadband per federal regulation); clauses to protect the Town against violations of the agreement; indemnification, insurance and bonding requirements; customer service standards; levels of technical performance of the system; a channel for governmental access programming; and free cable service to Town and School District buildings. The Board discussed upgrades Baja is making to their system; gaps in the availability of cable service in the Estes valley; the prospect of expansion of service; the industry standard related to charges for pole attachments; and noted that an increase in fees to Baja will most likely result in higher fees to their customers. Currently, the Town charges Baja $3 per cable pole attachment on a total of 2,915 poles annually; in addition approximately $58,000 in franchise fees were received each year for the past two years (2010 and 2011). The Board will discuss the pole attachment fee when additional information related to an FCC rate calculation is completed. Mr. Duchen estimated the average pole attachment fee for cable in Colorado is in the neighborhood of $5.61. The current agreement between the Town and Baja Broadband will expire on October 25, 2012, and the recommendation was made by the consultants to extend the agreement until December 2012 or January 2013 to allow time to complete negotiations related to the agreements. Mayor Pinkham recessed the meeting for dinner at 5:16 p.m. The meeting resumed at 5:28 p.m. VISIT ESTES PARK (LMD) 2013 OPERATING PLAN. Peggy Campbell, Kathy Palmeri, Scott Webermeier, Chris Wood, and Lee Lasson, all representing Local Marketing District (LMD) / Visit Estes Park were in attendance at the meeting. Peggy Campbell, President and CEO, reviewed the activities of the LMD/Visit Estes Park over the past year including promotion of local events; developing a new Town Board Study Session – October 9, 2012 – Page 2 website with multilingual translation capabilities; conducting familiarization tours for travel writers from international, local, and regional markets; and working on the branding process. She noted that by coordinating with staff of Park School District, the Learning Place, and Eagle Rock School, young people are getting involved in the branding process. Ms. Campbell also reported that in July, the Visit Estes Park Board of Directors approved an additional $75,000 in funding to supplement advertising campaigns in response to the loss of business due to the Woodland Heights Fire and the High Park fire which occurred early in the summer. She noted that in 2013, the LMD will be focusing on continuing to promote the Estes Park area with a goal of increasing overnight stays and subsequently increasing the lodging tax as well as the sales tax for the Town of Estes Park; initiating the use of a booking engine for accommodations; continuing branding efforts; and monitoring entities that are, or should be, collecting and remitting the 2% lodging tax. Kathy Palmeri, LMD Board President, said this task is currently performed by Secretary/Treasurer Webermeier, who is the only person authorized to receive this information from the State. In the future, the LMD plans to transfer this responsibility and authority to a staff member so that he/she can identify and follow-up with property owners to ensure that the appropriate taxes are being paid. Over the past years, the Town of Estes Park has provided funding for the LMD’s marketing efforts and a request for funding for 2013 will be forthcoming. Assistant Town Administrator Richardson noted that funding has historically been addressed through the intergovernmental agreement (IGA) between the LMD and the Town. EMAIL RETENTION. Supt. Fraundorf reported that in conjunction with the conversion to Google as the Town’s email server, software was purchased to manage email retention. Postini software keeps a copy of every email sent or received through the estes.org system for a year, automatically deleting it when it is 366 days old. This is a change from the previous practice when emails were deleted from the Town’s servers every 30 days to guard against overloading the system. Attorney White stated that State statute does not mention a length of time emails must be retained and said Town policy should be developed to reflect current practices. He noted that emails related to Town business that are received by the Trustees at their personal email addresses would also be subject to the email retention policy. Supt. Fraundorf recommended the Trustees utilize their estes.org email addresses for all Town business to avoid any issues related to retention. Staff will bring forward an email retention policy for Board review and subsequent approval. In answer to a question about the security of the email system, Supt. Fraundorf said that with the Google system, emails are stored in the “cloud” spread across multiple servers in multiple locations to provide security. He noted that Google has the highest level of security certification existing for the protection of emails and email accounts. FUTURE AGENDA ITEMS. Topics at the Study Session scheduled for October 23, 2012, include: • Policy Governance • LMD Branding. The Board requested that the LMD Branding presentation be limited to new information related to the branding process. They requested an addition to the agenda of an update on the schedules for the MPEC project and the 100-stall barn to be provided by Dir. Zurn. There being no further business, Mayor Pinkham adjourned the meeting at 6:35 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, October 9, 2012 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 9th day of October, 2012. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Also Attending: Assistant Town Administrator Richardson, Dir. Bergsten, Finance Officer McFarland, Manager Winslow, Supt. Fraundorf, Town Attorney White, and Deputy Town Clerk Deats Absent: Town Administrator Lancaster Mayor Pinkham called the meeting to order at 4:30 p.m. BAJA FRANCHISE AGREEMENT. Attorney White said that the Town has contracted with the firm of River Oaks Communication Corp. to provide guidance in reaching an agreement with Baja Broadband in regard to the renewal of their franchise and pole license agreements with the Town of Estes Park. He introduced Tom and Bob Duchen, representatives of River Oaks Communication Corp., who provided a progress report to the Board related to the agreements. The agreements are being modernized and updated with a draft franchise agreement and a draft pole attachment agreement having been sent to Baja for preliminary review. The franchise agreement includes but is not limited to: franchise fee of 5% of gross revenues for cable television service only (it does not include telephone or internet services being provided by Broadband per federal regulation); clauses to protect the Town against violations of the agreement; indemnification, insurance and bonding requirements; customer service standards; levels of technical performance of the system; a channel for governmental access programming; and free cable service to Town and School District buildings. The Board discussed upgrades Baja is making to their system; gaps in the availability of cable service in the Estes valley; the prospect of expansion of service; the industry standard related to charges for pole attachments; and noted that an increase in fees to Baja will most likely result in higher fees to their customers. Currently, the Town charges Baja $3 per cable pole attachment on a total of 2,915 poles annually; in addition approximately $58,000 in franchise fees were received each year for the past two years (2010 and 2011). The Board will discuss the pole attachment fee when additional information related to an FCC rate calculation is completed. Mr. Duchen estimated the average pole attachment fee for cable in Colorado is in the neighborhood of $5.61. The current agreement between the Town and Baja Broadband will expire on October 25, 2012, and the recommendation was made by the consultants to extend the agreement until December 2012 or January 2013 to allow time to complete negotiations related to the agreements. Mayor Pinkham recessed the meeting for dinner at 5:16 p.m. The meeting resumed at 5:28 p.m. VISIT ESTES PARK (LMD) 2013 OPERATING PLAN. Peggy Campbell, Kathy Palmeri, Scott Webermeier, Chris Wood, and Lee Lasson, all representing Local Marketing District (LMD) / Visit Estes Park were in attendance at the meeting. Peggy Campbell, President and CEO, reviewed the activities of the LMD/Visit Estes Park over the past year including promotion of local events; developing a new Town Board Study Session – October 9, 2012 – Page 2 website with multilingual translation capabilities; conducting familiarization tours for travel writers from international, local, and regional markets; and working on the branding process. She noted that by coordinating with staff of Park School District, the Learning Place, and Eagle Rock School, young people are getting involved in the branding process. Ms. Campbell also reported that in July, the Visit Estes Park Board of Directors approved an additional $75,000 in funding to supplement advertising campaigns in response to the loss of business due to the Woodland Heights Fire and the High Park fire which occurred early in the summer. She noted that in 2013, the LMD will be focusing on continuing to promote the Estes Park area with a goal of increasing overnight stays and subsequently increasing the lodging tax as well as the sales tax for the Town of Estes Park; initiating the use of a booking engine for accommodations; continuing branding efforts; and monitoring entities that are, or should be, collecting and remitting the 2% lodging tax. Kathy Palmeri, LMD Board President, said this task is currently performed by Secretary/Treasurer Webermeier, who is the only person authorized to receive this information from the State. In the future, the LMD plans to transfer this responsibility and authority to a staff member so that he/she can identify and follow-up with property owners to ensure that the appropriate taxes are being paid. Over the past years, the Town of Estes Park has provided funding for the LMD’s marketing efforts and a request for funding for 2013 will be forthcoming. Assistant Town Administrator Richardson noted that funding has historically been addressed through the intergovernmental agreement (IGA) between the LMD and the Town. EMAIL RETENTION. Supt. Fraundorf reported that in conjunction with the conversion to Google as the Town’s email server, software was purchased to manage email retention. Postini software keeps a copy of every email sent or received through the estes.org system for a year, automatically deleting it when it is 366 days old. This is a change from the previous practice when emails were deleted from the Town’s servers every 30 days to guard against overloading the system. Attorney White stated that State statute does not mention a length of time emails must be retained and said Town policy should be developed to reflect current practices. He noted that emails related to Town business that are received by the Trustees at their personal email addresses would also be subject to the email retention policy. Supt. Fraundorf recommended the Trustees utilize their estes.org email addresses for all Town business to avoid any issues related to retention. Staff will bring forward an email retention policy for Board review and subsequent approval. In answer to a question about the security of the email system, Supt. Fraundorf said that with the Google system, emails are stored in the “cloud” spread across multiple servers in multiple locations to provide security. He noted that Google has the highest level of security certification existing for the protection of emails and email accounts. FUTURE AGENDA ITEMS. Topics at the Study Session scheduled for October 23, 2012, include: • Policy Governance • LMD Branding. The Board requested that the LMD Branding presentation be limited to new information related to the branding process. They requested an addition to the agenda of an update on the schedules for the MPEC project and the 100-stall barn to be provided by Dir. Zurn. There being no further business, Mayor Pinkham adjourned the meeting at 6:35 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, October 5, 2012 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 5th day of October, 2012. Board:Mayor Pinkham, Trustees Blackhurst, Elrod,Ericson, Koenig,Norris and Phipps Attending:All Also Attending:Town Administrator Lancaster,Assistant Town Administrator Richardson,Finance Officer McFarland,Director Zurn, and Town Clerk Williamson Absent:None Mayor Pinkham called the meeting to order at 8:00 a.m. 2013 BUDGET PRESENTATION The 2013 budget was prepared with a number of substantial changes in reporting methodology such as spending down the General Fund balance to 25% and use the funding for street improvements (approximately $535,000); increase projected sales tax revenues by $500,000 to a high of $7.8 million for both 2012 and 2013;budget includes 2% market adjustment and 2% merit pool for employee compensation; Community Reinvestment Fund (CRF) format has been updated to include all Town capital projects, thereby increasing the complexity and creating a project specific fund; re-establishment of the medical fund with the Town moving to medical self -insurance;transfers have increased significantly from the General Fund with the movement of all capital projects to the CRF, i.e.funding for projects such as street improvement; Transportation funding (shuttles)has been moved from 5600 to the Community Services department under Visitor Services; Group Sales has been moved to the Executive budget from the Community Services budget; Conference Center has been moved to Buildings; and the Theater Fund would be discontinued in 2012 with FOSH funds to be distributed in early 2013.The budget presentation includes columns with the 2011 actuals, 2012 original budget, 2012 revised budget and the proposed 2013 budget.The Tabor set aside, projected at $462,500 for 2013,resides in the General Fund with the Catastrophic Loss Fund dissolution and absorption into the General Fund .In 2013 the PILOT has been calculated using industry-wide methodology, which thereby decreased the PILOT significantly; however,the transfer percentage has been increase to cover the difference. The transfer remains below 10%. The Auditors requested transfers between the General Fund and the utilities funds be netted in 2012; i.e. Catastrophic Loss to utilities, utilities percentage to General Fund. The transfers from the General Town Board Budget Study Session –October 5, 2012 –Page 2 Fund are forecasted to increase in 2013 from a revised $2.47 million in 2012 to $3.17 million in 2013 due to realigning of several funds and the addition of all capital projects such as STIP to the CRF. The Board requested staff develop a policy on retention of Town -owned properties, future land acquisition and the sale o f Town-owned properties.The Board discussed the option of selling assets such as Town owned land and utilizing the proceeds to complete other capital projects.Staff suggested bringing a draft policy on the purpose of owning Town property with criteria on ownership/disposition to a study session in the first quarter of 2013. COMMUNITY REINVESTMENT FUND The fund was established by Resolution 18 -00 as a result of voter approval to allow the Town to collect and retain revenues in excess of Tabor limits to be utilized for projects that would reinvest in the community. The fund was utilized to build major capital infrastructure through 2012. In 2013 staff has suggested centralizing all projects from the General Fund and Community Services Fund into the CRF in order to easily review capital projects competing for funding and thereby prioritize projects based on available funding.The fund projects $800,000 transfer from the Genera l Fund with 7 projects proposed;$435,000 in STIP funding transferred from the General Fund with no corresponding expense in an effort to build a fund balance for a major road repair of Dry Gulch in 2014;and a continuation of $250,000 set aside for the future Museum storage facility. The ending fund balance in 2013 is estimated at $1.2 million. Staff has expended nearly $1.2 million in STIP projects in 2012 with the reduction of General Fund balance to 25%; however, increased revenues have made an approximately $536,000 available in 2013 to expend if the Town continues to hold the fund balance at 25%. Mayor Pro Tem Blackhurst stated objection to the reformatting of the CRF from a simple capital projects fund to a fund which contains all capital projects from the General Fund . The proposed change would allow General Fund departments to utilize funding in the CRF and complicate the once simple capital fund.This reduces the Board’s ability to reserve fund balance for future capital projects with the individual departments uti lizing the CRF for capital projects.Trustee Norris commented on the importance of having all capital items in one fund to allow the Board the ability to see the capital needs Town wide; however, he suggested the items be grouped into types such as required by law, infrastructure maintenance, new infrastructure, etc. The complexity of the fund reinforces the need for a capital asset management plan that includes information on key milestones and benefits of projects to the community. Mayor Pinkham arrived at the meeting at 8:55 a.m. Discussion followed regarding specific projects and has been summarized: The Board requested staff review other options to secure the Birch Ruins; conduct a study to determine the feasibility of rehabbing the building; and us e the estimated $118,000 for a Town Board Budget Study Session –October 5, 2012 –Page 3 fence to seed the fundraising efforts by the community to address the future of the building.Trustee Koenig requested the Town budget for a consultant to evaluate the project, i.e. fence, rehabilitation, etc.The Board discussed the funding of the museum storage facility in 2013 at $250,000; the need to complete the Museum/Senior Center Master Plan prior to allocating additional funding; and whether or not to freeze funding for 2013 and/or release the $200,000 set aside in 2012 for other projects. Mayor Pinkham called a break at 9:40 a.m. and reconvened the meeting at 9:50 a.m. EMPLOYEE COMPENSATION Administrator Lancaster stated the compensation policy needs to be updated and staff would recommend moving away from Cost of Living Adjustment (COLA)and move toward a market based system and merit.A compensation study and classification study would be completed in 2013 to review the Town’s compensation policy.Staff reviewed the compensations proposed by other communities in Colorado as well a s the market study completed by Larimer County for 2013 which demonstrated an average of 2% increases across the board with a 3%merit;therefore, staff is proposing a 2% increase and 2% merit. Trustee Elrod stated the Town has an adopted Personnel Policy manual which outlines the timing of reviews annually. The Town has not followed the policy which requires reviews to be completed during the first of the year rather than on the employees’ anniversary date which is the current practice. He requested the Town f ollow the adopted policy. INTERNAL SERVICES FUNDS MEDICAL The fund maintains the medical premiums and fund balances as the Town moved to self insurance in 2012. The 2013 budget contains a 15% increase in medical and dental premiums and no increase in vision as the Town enters the second year of a two year contract with VSP. Since the draft budget was prepared the Town’s insurance brokerage firm Gallagher Benefits has calculated the medical increase to be approximately 5%. FLEET MAINTENANCE The fund maintains all equipment and charges the appropriate department for the services related to equipment owned and operated by the department.The Fleet division would be fully staffed in 2013 with 25% of the Town’s rolling fleet to be specified, purchased and replaced throughout the year. Both revenues and O&M would remain flat in 2013. INFORMATION SYSTEMS TECHNOLOGY The Internal Service Fund manages Town wide information systems including technical support,network hardware management,maintenance, security, phone communication Town Board Budget Study Session –October 5, 2012 –Page 4 management, audio-visual support, software licensing, external connectivity, database management, maintenance contracts, user training and GIS services Town-wide. Each department pays a fee based on the equipment the department ut ilizes (laptops and computers, servers, audio and video components, software, copiers and telephone components).The division would continue to fund the project management for the SunGard/OneSolution migration, replacement of a number of security cameras and DVRs, double internet speed at no additional cost and raise public awareness of the Town’s underutilized fiber optics. Revenue and capital increase in 2013 for projects noted and O&M remain flat as it mainly contains funding for maintenance contracts. Mayor Pro Tem Blackhurst commented the IT capabilities at the conference center should be evaluated and upgraded. VEHICLE REPLACEMENT The Internal Services Fund maintains a fund balance for future vehicle purchases of $2.123 million at the end of 2012.The 2013 budget contains revenues of $429,098, an increase from 2012 and expenses of $604,000 to purchase 34 vehicles for Parks, Light & Power, Police,Streets and Building Safety and Water.The available fund balance would continue to decrease with the replacement of vehicles with an ending fund balance of $1.6 million in 2013.In 2013, the fund would be used to purchase new vehicles and equipment such as police light bars rather than purchasing equipment separate from the individual department budget. GENERAL FUND.Each fund was reviewed and requests for additional information is noted below: Legislative –In 2013 the budget contains the addition of IT costs associated with computer, IPads and phones used by the Town Board. These costs were allocated in the Executive fund previously. Additional IPads have been budgete d in order to move toward a paperless agenda and packet process. Personnel costs have increased with approved increase in Board salaries and benefits. Judicial –The 2013 budget contains no material changes over 2012. Executive –The fund changes significantly with the removal of Administrative Services department revenues and expenses and the addition of the Sales and Marketing of the Conference Center.Alliance for Innovation is a consortium of government entities and allows staff and all employees of the Town to utilize them as a reference/research to best practices. Administrative Services –The Election fund (1400) would be renamed Administrative Services in 2013 and contain the revenues and expens es for the Town Clerk and Human Resources. Elections would become a line item in the budget with one coordinated election in November 2013 budgeted. A compensation/classification study would be conducted with additional funding from the utilities. Additional training has been added for town wide employee training in 2013.Revenues for business and liquor license are conservative and decrease for liquor with the number of liquor licenses down in 2012.Trustee Town Board Budget Study Session –October 5, 2012 –Page 5 Elrod requested staff provide a summary of salary and benefit paid for by the Town as a total personnel expense per employee. Finance –Expenses increase slightly in 2013 with the addition of a full -time staff member added with the retirement of both part -time clerks in 2012. Trustee Elrod stated he is not comfortable that the Town is receiving revenues due for services provided to other entities through the related IGAs and MOUs. Staff would review the process used to track agreements and payments. Employee Benefits -This fund contains the homeownership program, tenure awards, wellness program, post employment benefits and employee gatherings. There are currently 3 employees participating in the homeowner program with three additional participant anticipated for 2013, increase the number of eligib le retirees eligible for post employment benefits, add funding for the wellness program associated with medical self insurance, and fund an actuarial study for the post retirement benefits as required every two years. MISCELLANEOUS Administrator Lancaster stated staff has been reviewing options to place an ice rink downtown this winter. The cost of a commercial ice rink would be approximately $120,000; however, the City of Fort Collins Downtown Business Authority would be willing to lease an ice rink for $60,000 to $70,000. The rink would go in the Riverside parking lot and the Recreation District would operate the warming house and rent the skates. This would allow the Town to try a rink for a season to see if it has an impact in bringing people downtown and keep businesses open during the off season. The rink would be installed the weekend prior to Thanksgiving and run through March 1st. The Board consensus was to move forward with the project; however members of the Board would request staff review how an entrepreneur might run an ice rink in the future and how it may affect those who provide ice skating in Town currently. Trustee Ericson stated he would not be in favor of the project and stated the money could be used to complete other projects. The next Budget Study Session is scheduled October 12th, 8:00 a.m.–12:00 p.m. There being no further business, Mayor Pinkham adjourned the meeting at 12:10 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, October 11, 2012 Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 11th day of October, 2012. Committee: Chair Blackhurst, Trustees Koenig and Phipps Attending: Chair Blackhurst, Trustees Koenig and Phipps Also Attending: Town Administrator Lancaster, Assistant Town Administrator Richardson, Chief Kufeld, Dir. Bergsten, Finance Officer McFarland, Dir. Zurn and Deputy Town Clerk Deats Absent: None Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT. Art Blume, Town resident, voiced concerns about heavy traffic and the lack of speed control along Moraine Avenue west of Town. He said this is a year-round safety issue compounded by pedestrians, bicycle riders, wildlife crossings, tour buses, delivery trucks, and traffic to the transfer station. He said he spoke to the Committee about this issue in the past but the problems have not been addressed. He requested that sidewalks and an electronic speed control device be considered for the area. Chief Kufeld said the Police Department will study the traffic along this stretch of road and position the traffic trailer on Moraine to attempt to slow down traffic. Chair Blackhurst proposed looking at easements in the area related to constructing sidewalks in the future. PUBLIC SAFETY. No items. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Verbal Updates – • Halloween Road Closure – Chief Kufeld noted that the Halloween Road Closure will include a buffer around the construction projects on MacGregor Avenue and in Bond Park. • PD Lobby Remodel – Staff will continue to provide a high level of customer service during construction to minimize its effect on residents and visitors. UTILITIES. ENTERPRISE FUND LARGE MAINTENANCE EXPENSE POLICY. Dir. Bergsten presented a draft policy to address planning for expenses related to major maintenance projects at enterprise fund utility facilities. The policy would use an accrual method to allocate monies for large maintenance projects such as the replacement of membranes and filters at the water treatment plants. The draft policy is based on accruing 90% of the estimated cost of the maintenance over the accrual period. The accrual period begins the year after a major maintenance project and runs through the year of the next major maintenance activity. Chair Blackhurst noted that the program is similar to the Town’s vehicle replacement fund, but on a larger scale. He said that the vehicle replacement fund accrues at 125% of the estimated replacement cost and proposed changing the policy to accrue a higher percentage of the estimated costs so that the fund does not come up short at the time of the maintenance project. Public Safety/Utilities/Public Works Committee – October 11, 2012 – Page 2 Finance Officer McFarland added that the accrued funds must be based on a reasonable and logical estimation of the costs and said the funds become restricted for the specified use, however, if too much money is accrued it can be released, in the same manner as the current vehicle replacement fund. Chair Blackhurst suggested that the policy be written to include all major maintenance projects within the Town, not just those associated with the enterprise fund utilities. Town Administrator Lancaster said that hidden costs related to things such as roof replacements, and boiler and HVAC maintenance should be considered, and concurred that the policy should be written to incorporate a Town-wide capital reserve for large maintenance expenses. After discussion, the Committee recommended that the 2013 enterprise fund budgets include monies for expenses related to large maintenance projects and that staff work on drafting a policy that will address the accrual of funds to cover large maintenance expenses Town-wide to bring forward to the Town Board by the middle of 2013. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Conditional Waiver of Monthly Base/Minimum Charge Policy – Per policy, utility customers who lost their homes in the Woodland Heights fire are being charged minimum monthly fees. Staff has received complaints related to the minimum charges and requests from victims of the fire for waivers of these fees. Dir. Bergsten said that current policy does not allow for a waiver of monthly base or minimum charges for utility customers under any circumstances. Paying the minimum charges keeps the account active, grandfathers the use of overhead electric service, ensures no reconnection expenses are incurred, and in the case of water service, ensures that the customer retains their tap. The Committee discussed making an exception to the policy for a specified period of time for customers who lost their homes in the fire, and asked administration to proceed on this matter. In addition, conversation ensued related to whether a water tap can be revoked for non-payment of the minimum charges, or whether the tap, once purchased, is owned and runs with the property. The Committee requested this topic be brought before the full Town Board for discussion in the future. 2. Accountable Water – Loss of water in the distribution system is accounted for monthly and categorized into metered losses, estimated losses, and unaccounted losses which total approximately $100,000 worth of water per year. Metered losses of approximately $40,000 include “bleeders” that are utilized to maintain water quality in pipes and also to prevent water lines from freezing. Another $60,000 worth of water is unmetered and lost through leaks in the system. Dir. Bergsten noted that a pipe replacement program is currently in development. 3. Light & Power Capital Project Update – Supt. Steichen reported that three capital projects that were budgeted for in 2012 have been completed satisfactorily. A roof replacement at the service center was completed on time and on budget; Glen Haven Circuit Upgrades were completed in-house by L&P staff on budget; and the Allenspark Circuit Upgrades were done by Selcon Utility and completed ahead of schedule and on budget. PUBLIC WORKS. No items. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Stanley Fairgrounds Sanitary Sewer Civil Site Work Update – Bidding documents for the Multi-Purpose Event Center (MPEC) and the 100-stall barn are being prepared. In conjunction with these projects, staff is proceeding with bidding the civil and site work for the property so that work can be completed before frost conditions delay the required underground work. The site work includes a sanitary sewer line running east 1400 feet from the site of the proposed MPEC and stall barn on the west side of the fairgrounds to an existing manhole. 2. Bond Park Phases I and III and Phase V Construction Update. Public Safety/Utilities/Public Works Committee – October 11, 2012 – Page 3 • Cornerstone Construction has started repairs on MacGregor Avenue. The existing base and subgrade material will be removed from the roadway and geogrid material will be added before all the materials are re-compacted and the pavers are reinstalled. The repairs are scheduled to be completed by November 21, 2012. • Taylor Kohrs, the contractor for Phase V improvements to Bond Park has started work and will have underground infrastructure in place by November 21, 2012. There being no further business, Chair Blackhurst adjourned the meeting at 9:20 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission September 18, 2012 - 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Doug Klink, Commissioners John Tucker, Betty Hull, Joe Wise, Kathy Bowers, Tom Gresslin, one vacant position Attending: Chair Klink, Commissioners Tucker, Hull, Wise, Bowers, and Gresslin Also Attending: Director Chilcott, Planner Shirk, Town Attorney White, and Recording Secretary Thompson, Town Board Liaison Elrod Absent: Vacant Position The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Klink called the meeting to order at 1:30 p.m. There were four people in attendance. Chair Klink stated there was one County position open for this Commission, and encouraged interested county residents to contact the Community Development Department. 1. PUBLIC COMMENT Johanna Darden/town resident asked to comment on the EPIC variance request. Director Chilcott stated that application would be heard by the Estes Valley Board of Adjustment. Ms. Darden was welcome to view the documentation on the Town website and attend the meeting on October 2, 2012. Town Attorney White stated the overall project would be heard by the Estes Valley Planning Commission and the Town Board as a Development Plan. Ms. Darden stated she enjoys the unpaved and unimproved “trails” around town. 2. CONSENT AGENDA A. Approval of minutes, August 21, 2012 Planning Commission meeting. It was moved and seconded (Hull/Tucker) to approve the consent agenda as presented and the motion passed unanimously. 3. PINE KNOLL MINOR SUBDIVISION, THE PINES NORTH CONDOMINIUMS AND THE PINES CONDOMINIUMS PRELIMINARY AND FINAL CONDOMINIUM MAPS, 1155 S. St. Vrain Avenue Commissioner Wise recused himself from the discussion and vote and left the dais. This was a request to divide an existing condominium association into two separate associations, located on two separate parcels of land. The purpose of this split was to separate ownership between market-rate units and units owned by the Estes Park Housing Authority. Planner Shirk stated this was an ownership issue, and no development was proposed. The subdivision plat would divide the lot into two separate lots and dedicate easements. The two newly created lots would each be owned by a separate condominium association, and would have separate agreements to address issues such as snow removal and parking. Planner Shirk introduced Estes Park Housing Authority Director Rita Kurelja. She stated the buildings were purchased as condominiums in 2006. During the original sales transaction, the lenders had specific regulations which today make it difficult to obtain long-term fixed-rate financing. In order to make the project perform as expected, she felt this subdivision and separation of the condominiums was necessary. Public Comment None. Staff and Commission Discussion Staff recommended approval of the minor subdivision and the preliminary and final condominium maps. RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 September 18, 2012 It was moved and seconded (Bowers/Tucker) to recommend approval of the Pine Knoll Minor Subdivision, The Pines North and The Pines Preliminary Condominium Maps to the Town Board with the findings recommended by staff and the motion passed 5-0, with one recusal and one vacancy. Commissioner Wise returned to the dais. 4. REPORTS Planner Shirk reported the owners of 1753 Wildfire Road met with staff to discuss rezoning the property. He stated the biggest issues are water main and road extensions, and the owners are working with the appropriate departments to come up with a solution. Planner Shirk reported O’Reilly Automotive desires to acquire the former Mountaineer Restaurant, scrape it, and construct an auto parts store. They would be applying for a setback variance in the near future, to be heard by the Board of Adjustment. Planner Shirk reported there would be three applications before the Planning Commission next month. Two amended plats and one townhome subdivision application. Planner Shirk reported the application for the multi-use stall barns has been pushed back one month, and was now scheduled for Planning Commission review in November. Planner Shirk reported the Board of Adjustment would be reviewing four applications at their October 2nd meeting. Murphy’s River Lodge would like to put a small shed structure behind their building to house mechanical equipment. One unit at Rock Acres Condominiums, the only unit without a deck, has applied for a variance to construct a deck. Fall River Lodge has applied for a variance to allow a trail and seating area to remain in the river setback. The EPIC variance request (former Park Theatre Mall location) will be heard, concerning a height allowance of approximately 62 feet in lieu of the allowed 30 foot height limit. Planner Shirk clarified that the EPIC variance would be specific only to the height and river setback only. Review of the development plan/special review application would be completed by the Planning Commission and Town Board. Planner Shirk reported the Town Board approved the following: 1) Stanley Avenue Condominiums Supplemental Map #4, the new triplex at the development; 2) Ranch Meadow II Amended Condominium Map, expanding the limited common elements to allow decks and patios. He reported the Riverview Pines Preliminary Condominium Map will be heard by the Town Board on September 25th, and the High Drive Heights Amended Plat was approved by the County commissioners on August 20th. There being no further business, Chair Klink adjourned the meeting at 1:52 p.m. ___________________________________ Doug Klink, Chair ___________________________________ Karen Thompson, Recording Secretary Page 1 Town Clerk’s Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 9, 2012 RE: Renewal Application Filed by CISCOS Inc. dba Ciscos, 509 Big Thompson Avenue Background: On July 20, 2012, an alcohol sales compliance check was conducted by the Liquor Enforcement Division. Unfortunately an employee of the establishment illegally sold and served alcohol to an underage person and/or did not ask for identification and sold and served the underage person alcohol. This is a violation of the State Liquor Code and has been handled by the State Liquor Enforcement Division. This type of violation can include a fifteen (15) day suspension of the liquor license with five (5) days served and ten (10) days held in abeyance. In lieu of an active suspension, the licensee can elect to pay a fine and enter into a Stipulation agreement, and therefore, the five (5) day suspension would be deemed automatically stayed. Ciscos has not enter into an agreement as of the date of this memo; however, the proposed Stipulation Agreement from the State is attached with a five (5) days suspension to be served and ten (10) days held in abeyance or the payment of a $200 fine to be paid by November 6, 2012. If further violations occur within a year of the stipulation, the licensee will serve all or any days of the suspension held in abeyance. All necessary paperwork and fees have been submitted for the renewal. This is the first violation for the licensee. Budget: N/A Staff Recommendation: N/A Sample Motion: I move to approve/deny the renewal application for CISCOS Inc. dba Ciscos BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ______________________________________________________________________________ STIPULATION, AGREEMENT, AND ORDER SA 12-96 ______________________________________________________________________________ IN THE MATTER OF: CISCOS, INC. D/B/A CISCOS 509 BIG THOMPSON AVENUE, NO. 300 ESTES PARK, COLORADO 80517 Hotel & Restaurant License No. 41-87270-0000 ______________________________________________________________________________ The State of Colorado, Liquor Enforcement Division ("Division") and Ciscos, Inc., d/b/a Ciscos, 509 Big Thompson Avenue, No. 300, Estes Park, Colorado 80517 (“Licensee”) hereby stipulate and agree as follows: 1. Licensee has been the subject of an investigation conducted by the Division. Agents of the Division allege violations of the Colorado Liquor Code, Section 12-47-901(1)(a.5)(I), C.R.S. IT IS ALLEGED THAT: A. On July 20, 2012, the Licensee, by and through its employee/agent Bigjana S. Ristakjovska, permitted the selling, serving, giving, or procuring of an alcohol beverage (Coors Light brand malt liquor) to LG-12-108, an eighteen-year-old Liquor Enforcement Division underage purchaser. 2. Licensee acknowledges receipt of sufficient notice, advisement of rights, and process of the proceedings and wishes to resolve all issues which were the subject of the investigation, by entering into this Stipulation, Agreement, and Order (“Order”). 3. The Division and Licensee have discussed the merits of the investigation and allegations, and they have come to a mutual agreement and understanding to jointly propose to the State Licensing Authority a resolution of the allegations in lieu of proceeding to the issuance by the State Licensing Authority of an Order to Show Cause and conducting a hearing to determine the merits of such allegations. The terms and conditions of this Order are subject to approval by the State Licensing Authority. 4. Licensee admits the violations as alleged above in paragraph 1. Stipulation, Agreement, and Order Ciscos Greeley Office Page 2 5. Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent proceedings, to submit to the following sanctions: A. A fifteen (15) day suspension of Licensee’s hotel & restaurant license to take place as follows: i. License to be actively suspended for five (5) days from 12:01 a.m. on November 16, 2012 until 11:59 p.m. on November 20, 2012. ii. During any period of active license suspension, Licensee will post signs on its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. iii. Ten (10) days of the suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. 6. The Licensee has filed a written petition to the Division in accordance with 12-47-601(3), C.R.S. requesting that the Licensee be allowed to pay a fine in lieu of active suspension. The Division finds that the petition supports the following: A. That the public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; and B. That the books and records of the Licensee are kept in such a manner that loss of sales of alcohol beverages which the Licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and C. That the Licensee has not had its license or permit suspended or revoked, nor had any suspension stayed by the payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint which has resulted in this stipulation and agreement. 7. The parties agree that the fine shall be the equivalent of twenty percent (20%) of the Licensee's estimated gross revenues from the sales of alcohol beverages during a period of five (5) days, except that the fine shall not be less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). The parties agree that the average days’ sales for the month of July 2012 shall be the appropriate measure of said estimated gross revenues. Based upon these records, the amount of the fine has been determined to be $200.00. Stipulation, Agreement, and Order Ciscos Greeley Office Page 3 A. Payment of the fine pursuant to the provisions of this agreement shall be in the form of a certified check or a cashier's check made payable to the Colorado Department of Revenue. Said fine shall be paid to the Department of Revenue on or before November 9, 2012. B. Upon the timely payment of the fine agreed upon in this paragraph, Licensee's five (5) day suspension as set forth in paragraph 5 of this stipulation and agreement shall be deemed automatically permanently stayed. C. If the Licensee fails to make payment in a timely manner as detailed in this paragraph, the full five (5) day suspension shall be served as detailed in paragraph 5. 8. This Order shall be admissible as evidence in future proceedings concerning any alleged violation of this Order. The matters at issue in said future proceeding shall be limited to the question of whether or not Licensee has failed to comply with the terms of this Order. Any issues relating to the underlying complaint or investigation that formed the basis for action against Licensee (and any defenses that Licensee may have to such complaint and investigation) shall specifically not be at issue in the proceeding against Licensee for failing to comply with the terms of this Order. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are proven, or Licensee enters into a stipulation in lieu of hearing in which it admits such allegations, the State Licensing authority shall, in addition to any other penalty imposed, order Licensee to serve all or any days of suspension presently held in abeyance pursuant to this agreement. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are unproven, then the Division shall take no further action and this Order shall remain operative and in full force and effect. 9. Upon execution by all parties, this Order and all its terms shall have the same force and effect as an order entered after a formal hearing pursuant to § 12-47-601, C.R.S., except that it may not be appealed. Failure to comply with the terms of this Order may be sanctioned by the State Licensing Authority as set forth in §§12-47-103(9) (b) and 12-47- 601, C.R.S. 10. Licensee expressly agrees and acknowledges that Licensee has entered into this Order knowingly and voluntarily. Licensee acknowledges that the terms of this Order were mutually negotiated and agreed upon. After the opportunity to consult with legal counsel, Licensee affirms that Licensee has read this Order and fully understands its nature, meaning and content. Licensee agrees that upon execution of this Order, no subsequent Stipulation, Agreement, and Order Ciscos Greeley Office Page 4 action or assertion shall be maintained or pursued by Licensee asserting the invalidity in any manner of this Order. 11. Upon execution by all parties, this Order shall represent the entire and final agreement of the parties. In the event that any provision of this Order is deemed unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remainder of this Order shall be given full force and effect. 12. Licensee understands and knowingly and voluntarily enters into this Order. Licensee further understands and knowingly and voluntarily waives the following rights: a. The right to a formal disciplinary hearing on the merits of the matters forming the basis of this Order and the right to require the State Licensing Authority to meet its burden of proof in a formal hearing; b. The right to cross-examine all witnesses against Licensee at a formal hearing; c. The right to subpoena witnesses, present evidence and to testify on Licensee’s own behalf at a formal hearing; d. The right to be represented by counsel of Licensee's own choosing and at Licensee's expense at any stage of this proceeding; e. The right to engage in pre-hearing discovery of the State Licensing Authority's evidence; and f. The right to appeal this Order. 13. All the costs and expenses incurred by Licensee to comply with this Order shall be the sole responsibility of the Licensee, and shall not in any way be the obligation of the Division. 14. This Order shall be effective on the date approved and ordered by the Executive Director of the Department of Revenue, as the State Licensing Authority. Should the State Licensing Authority reject the terms hereof, Respondent's admissions herein shall be withdrawn, and the matter scheduled for a hearing after issuance of an Order to Show Cause. 15. Upon approval and order of the State Licensing Authority, this Order shall become a permanent part of the record, and shall be open to public inspection and published pursuant to the Division’s standard policies and procedures or applicable law. Stipulation, Agreement, and Order Ciscos Greeley Office Page 5 ___________________________________ ___________________________________ Don Burmania Deborah J. Thelander Director Ciscos Liquor Enforcement Division _____________________ Date Date APPROVED and ORDERED this _________ day of ____________________________ 2012. ________________________________________ Barbara J. Brohl Executive Director Department of Revenue State Licensing Authority Page 1 Town Clerk’s Office Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 9, 2012 RE: Renewal Application Filed by Safeway Store Forty Six Inc. dba Safeway Store #920, 451 East Wonderview Background: On August 3, 2102, an alcohol sales compliance check was conducted by the Liquor Enforcement Division. Unfortunately an employee of the establishment illegally sold alcohol to an underage person and/or did not ask for identification and sold the underage person alcohol. This is a violation of the State Liquor Code and has been handled by the State Liquor Enforcement Division. This type of violation can include a fifteen (15) day suspension of the liquor license with five (5) days served and ten (10) days held in abeyance. In lieu of an active suspension, the licensee can elect to pay a fine and enter into a Stipulation agreement, and therefore, the five (5) day suspension would be deemed automatically stayed. Safeway did enter into an agreement with five (5) days served and ten (10) days held in abeyance with a $1,395 fine to be paid by October 25, 2012. If further violations occur within a year of the stipulation, the licensee will serve all or any days of the suspension held in abeyance. All necessary paperwork and fees have been submitted for the renewal. Budget: N/A Staff Recommendation: N/A Sample Motion: I move to approve/deny the renewal application for Safeway Store Forty Six Inc. dba Safeway Store #920. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Dave Shirk, Planner Date: October 23, 2012 RE: AMENDED CONDOMINIUM MAP, Amended Map of Unit 14 of the Amended Map of Units 14, 17, 20, 21, and 22 of The Promontory at Kiowa Ridge, Kenneth Martin/Applicant. Background: The Promontory is an approximately six-acre site zoned A- Accommodations and developed with 22 condominium units for long-term residential or short-term accommodations use. This is a request by Kenneth and Cheryll Martin to adjust the Limited Common Element (LCE) of Unit 14, The Promontory at Kiowa Ridge Condominiums. LCEs serve as property lines in condominium developments; in order to build the deck addition the LCE needs to be expanded to document that area is owned and maintained by the Martin’s instead of the condominium association. The area is currently a General Comment Element which all unit owners own in common and have the right to use. The area will be converted to an LCE, which only Martin has the right to use. The condominium association has approved this request and will sign the plat mylars. The request to amend the condominium map and the associated deck expansion complies with the development code. Budget: N/A Staff Recommendation: Staff recommends approval of the amended condominium map. Sample Motion: I move to approve (or disapprove) the Amended Condominium Map of Unit 14 of The Promontory at Kiowa Ridge Condominiums. Community Development Memo FINANCE Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: October 23rd, 2012 RE: Audit Services Engagement Letter Background: The financial records of the Town are audited by an external source/firm annually, the results of which are prepared and presented in the Town’s Comprehensive Annual Financial Report (CAFR). The auditing firm is hired by the Town Board, and as such, reports directly to the Town Board. The conduit between the auditing firm and the Town Board is the Audit Committee. The Audit Committee is chaired by a Board Member (Ericson), and includes a second Board member (Pinkham), Town Administrator (Lancaster), Deputy Town Administrator (Richardson) and the Finance Officer (McFarland). The Assistant Finance Officer (McDougall) also sits in on Audit Committee meetings, but does not vote. Auditing services have traditionally been engaged for a five-year period (renewable annually) before “re-RFPing”. Swanhorst & Company has been the Town’s auditing firm since 2001, and their current 5-year engagement period expired with the completion of the 2011 CAFR. The following timetable reports the recent relevant activities of the Audit Committee: August 14, 2012 – the Audit Committee met and approved the Request for Proposal (RFP) for auditing services. Prior to the September 25, 2012 meeting, respondents’ proposals to the RFP were distributed to the Audit Committee along with a sheet for grading the proposals. The grading sheet was created in accordance with the criteria stated in the RFP. September 25, 2012 – the Audit Committee met and reviewed the 7 submitted proposals. The responding firms were: Anton Collins Mitchell, Clifton Larson Allen, Swanhorst & Company, Logan & Associates, Rubin Brown, Eide Bailly, and McGee Hearne & Paiz. BKD also responded with a letter that declined to submit a proposal. Proposed audit services fees ranged from (5 years) $96,790 to $182,000. Single Audit fees were additional, and ranged from (5 years) $12,500 to $30,000. Three finalists were selected for face-face interviews, which were conducted October 3rd, 2012 by a subcommittee of Ericson, McFarland and Richardson. October 5, 2012 – The subcommittee reported back the Audit Committee that said face- face interviews were conducted on October 3rd, 2012, and that the subcommittee recommended Clifton Larson Allen be engaged to provide the Town’s audit services. Clifton Larson Allen has agreed, if the Town so desires, to provide audit services for the next four years (2013-16). Fees were proposed on a graduated scale through 2016 (a total of $118,979), with 2012 costs not to exceed $22,674. 2012 Single Audit A-133 costs are not to exceed an additional $4,200 ($21,300 for 2012-16). CLA will also be available (at no additional charge) throughout the year for consultation regarding routine accounting matters. The parameters of the RFP asked for a proposal of audit services for a period of five years, but specifically what is being requested in this memo is to engage CLA for 2012. After the initial year, it is presently hoped that both CLA and the Town will decide to continue their relationship for the next four years, with the annual engagement letters for 2013-16 being submitted to the Town Board (with Audit Committee recommendation) through the consent agenda portion of a Town Board meeting. Town Attorney White has reviewed and approved the attached engagement letter. Budget: Budgeted/paid Audit Service fees are recorded in the following line items: 30% -General Fund (Finance): 101-1500-415-22-01 45%-Light & Power (Admin): 502-6501-560-22-01 25%-Water (Admin): 503-6500-560-22-01 Staff Recommendation: The Audit Committee recommends that the Town Board engage Clifton Larson Allen to perform Audit Services for the Town for the period 2012, as stated in the October 16, 2012 engagement letter. Sample Motion: I move for the approval/denial of engaging Clifton Larson Allen to perform the Town’s Audit Services for the period 2012, as stated in the October 16, 2012 engagement letter. To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 9, 2012 RE: Estes Valley Public Library District Board Appointments Background: The Estes Valley Public Library District has requested the appointment of Marjorie Hancock, Kaye Orten and Sharon Poggenpohl to fill three Library Board of Trustee vacancies. The attached letter from Amy Hamrick/Board President outlines the background of each individual. All appointments to the Library Board require the approval from both the Town Board and the County Commissioners. Budget: N/A Staff Recommendation: N/A Sample Motion: I move to approve/deny the appointment of Marjorie Hancock to the Estes Valley Library District Board for a 4-year term beginning January 1, 2013 expiring December 31, 2016. I move to approve/deny the appointment of Kaye Orten to the Estes Valley Library District Board to complete Jo-Ann Mullen’s term for a 3-year term beginning January 1, 2013 expiring December 31, 2015. I move to approve/deny the re-appointment of Sharon Poggenpohl to the Estes Valley Library District Board for a 4-year term beginning January 1, 2013 expiring December 31, 2016. Town Clerk’s Office Memo Page 1 Town Attorney Memo To: Honorable Mayor Pinkham Board of Trustees From: Gregory A. White, Town Attorney Date: October 15, 2012 RE: Second Amendment to Cable Television Permit Agreement Background: Baja Broadband Operating Company, LLC is the current Franchisee under the Cable Television Permit Agreement dated July 27, 1993 as modified by Resolution No. 07-06 adopted by the Town Board on May 23, 2006. Section 5 (C) of the Permit Agreement provides that Baja has the option to seek a ten year extension of the Permit Agreement subject to certain conditions. Baja, by written noticed dated May 9, 2012, requested the ten year extension of the Cable Television Permit Agreement. On July 24, 2012, the Town Board approved Resolution No. 07-12 which extended the Cable Television Permit Agreement to October 25, 2012. Since that date, the Town has contracted with River Oaks Communications Corporation to assist the Town in the development of a Cable Television Agreement and Pole License Agreement with Baja. Those discussions remain ongoing and River Oaks has determined that it is necessary to extend the current Cable Television Permit Agreement until December 14, 2012 in order to conclude negotiations with Baja and present a new Cable Television Permit Agreement and Pole License Agreement to the Town Board for review. Resolution No. 10-12 extends the period of time to negotiate a new Cable Television Permit Agreement and Pole License Agreement. Budget: There are no budget implications. Staff Recommendation: Staff recommends approval of Resolution No. 10-12. Sample Motion: I move to approve/deny Resolution No. 10-12. RESOLUTION NO. 10-12 APPROVING A SECOND AMENDMENT TO THE TOWN’S CABLE TELEVISION PERMIT AGREEMENT WHEREAS, Baja Broadband Operating Company, LLC (“Baja”) is the current Franchisee pursuant to the terms and conditions of the Cable Television Permit Agreement dated July 27, 1993; and WHEREAS, pursuant to Resolution No. 07-06 adopted by the Board of Trustees of the Town on May 23, 2006, the term of the Cable Television Permit Agreement was extended for a period of forty-eight months with an expiration date of July 27, 2012; and WHEREAS, Section 5 (C) of the Agreement provides that the Grantee (Franchisee) shall have the option of extending the Permit for an additional ten (10) years subject to certain conditions; and WHEREAS, Baja has submitted a formal request dated May 9, 2012, for the ten (10) year extension of the Cable Television Permit Agreement; and WHEREAS, Baja and the Town entered into an Amendment to Cable Television Permit Agreement approved by the Board of Trustees in Resolution No. 07-12 on July 24, 2012, and executed by the parties effective July 25, 2012, which extended the term of the Cable Television Permit Agreement from July 27, 2012 to October 25, 2012; and WHEREAS, the parties have determined that it is necessary to further extend the Cable Television Permit Agreement as more fully set forth in the Second Amendment to Cable Television Permit Agreement to complete the review and negotiation on the appropriate terms and conditions of a ten (10) year extension of the Agreement; and WHEREAS, the parties have determined to further extend the term of the Cable Television Permit Agreement from October 25, 2012 to December 14, 2012. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The Board of Trustees hereby approves the Second Amendment to the Cable Television Permit Agreement as more fully set forth on Exhibit A, attached hereto and incorporated herein and by reference. PASSED AND ADOPTED at a regular meeting this ____ day of ____________, 2012. Mayor ATTEST: Town Clerk SECOND AMENDMENT TO CABLE TELEVISION PERMIT AGREEMENT WHEREAS, Baja Broadband Operating Company, LLC (“Baja”) is the current franchisee pursuant to the terms and conditions of the Cable Television Permit Agreement dated July 27, 1993; and WHEREAS, pursuant to Resolution No. 07-06 adopted by the Board of Trustees of the Town on May 23, 2006, the term of the Cable Television Permit Agreement was extended for a period of forty-eight months with an expiration date of July 27, 2012; and WHEREAS, Section 5 (C) provides that the Grantee (Franchisee) shall have the option of extending the Permit for an additional ten (10) years subject to certain conditions; and WHEREAS, Baja has submitted a formal request for the ten (10) year extension of the Cable Television Permit Agreement; and WHEREAS, Baja and the Town entered into an Amendment to Cable Television Permit Agreement approved by the Board of Trustees in Resolution No. 07-12 on July 24, 2012, and executed by the parties effective July 25, 2012 which extended the term of the Cable Television Permit Agreement from July 27, 2012 to October 25, 2012; and WHEREAS, the parties have determined that it is necessary to further extend the Cable Television Permit Agreement as more fully set forth in this Second Amendment to Cable Television Permit Agreement to complete review and negotiation on the appropriate terms and conditions of a ten (10) year extension of the Agreement; and WHEREAS, the parties have determined to further extend the term of the Cable Television Permit Agreement from October 25, 2012 to December 14, 2012. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The term of the Cable Television Permit Agreement is extended from October 25, 2012 to December 14, 2012. 2. All of the terms and conditions of the Cable Television Permit Agreement dated July 27, 1993, Resolution No. 07-06, and the Amendment to Cable Television Permit Agreement dated July 25, 2012 between the parties shall remain in full force and effect. IN WITNESS WHEREOF, there parties hereby execute this Amendment to Agreement: TOWN OF ESTES PARK By:________________________________ ATTEST: _________________________ TOWN CLERK BAJA BROADBAND OPERATING COMPANY, LLC _____________________________ By: ATTEST: _________________________ UTILITIES DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Lowell Richardson, Deputy Town Administrator Reuben Bergsten, Utilities Director Date: October 23, 2012 RE: Resolution #11-12 Waiver of Monthly Base/Minimum Charge for Woodland Heights Fire Victims Background: The Utilities Department charges fixed monthly minimums to cover a number of fixed costs (e.g. meter reading, tree trimming, laboratory analysis…). It has been the practice of the Utilities Department to require payment of applicable monthly minimum charges to keep the account active. There are no exceptions to this practice. This practice was reviewed by staff and the PUP committee, in light of the loss of homes in the Woodlands Heights fire. For your consideration resolution #11-12 has been written to eliminate the monthly minimum charges for the 27 homes affected by the Woodland Heights fire. The waiver is retroactive to June 23, 2012, and will be in effect until August 1, 2013, or when service is restored, whichever comes first. Budget: The potential Utilities Department reduction in revenue is less than $10,000. Staff Recommendation: Staff recommends approving resolution #11-12. Sample Motion: I move for the approval/denial of resolution #11-12, waiving monthly minimum utility bills for the homes lost in the Woodland Heights Fire.  1 RESOLUTION NO. 11-12 A RESOLUTION SUSPENDING UTILITY FEES FOR VICTIMS OF THE WOODLAND HEIGHTS FIRE WHEREAS, on June 23, 2012, twenty-seven Estes Valley residents were devastated by the Woodland Heights fire that destroyed their homes and displaced all of those families who are part of our Estes Park community; and WHEREAS, each of the families affected by this devastating event are working towards rebuilding their homes and their lives due to the unfortunate events occurring on that day; and WHEREAS, due to no fault of their own, these families are required to continue to pay ongoing expenses for their homes including water bills and electric bills even though they currently are not staying in their homes; and WHEREAS, the Town Board of Trustees serves as the Board of Directors for the Town of Estes Park’s two utilities and has the authority to modify electric and water charges under special circumstances; and WHEREAS, the Town Board of Trustees wishes to aid each of these families in their rebuilding efforts to begin new memories and move forward. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The monthly minimum charges for water and electricity for those homes burned in the Woodland Heights Fire shall be suspended. 2. The suspension of the minimum charges shall be retroactive to June 23, 2012. 3. The suspension of minimum charges shall be effective until August 1, 2013, until service is restored, or by further order of the Board of Trustees whichever first occurs. Dated this _____day of _____________, 2012 Mayor ATTEST: Town Clerk TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: October 23, 2012 RE: Resolution approving the Visit Estes Park LMD Operating Plan for 2013 Background: Pursuant to Section 29-25-110 C.R.S. and the applicable provision of the Intergovernmental Agreement dated August 26, 2008, between the Town of Estes Park and the Board of County Commissioners, Larimer County, the Town Board shall approve or disapprove the Operating Plan within thirty (30) days after receipt of said Plan. The Town Board reviewed the proposed plan with representatives from the LMD at the study session on October 9th. Budget: none Staff Recommendation: Approve the LMD Marketing Plan Sample Motion: I move for the approval/denial the Estes Park Local Marketing District Business and Operating Plan for 2013 as filed with the Town Clerk RESOLUTION # 12-12 WHEREAS, the Estes Park Local Marketing District has filed with the Town Clerk the Estes Park Local Marketing Business and Operating Plan for 2013 along with its proposed budget for the 2013 calendar year; and WHEREAS, pursuant to Section 29-25-110 C.R.S. and the applicable provision of the Intergovernmental Agreement dated August 26, 2008, between the Town of Estes Park and the Board of County Commissioners, Larimer County, the Town Board shall approve or disapprove the Operating Plan within thirty (30) days after receipt of said Plan, the proposed budget and all additional documentation requested by the Town; and WHEREAS, the Town Board has reviewed the Operating Plan and proposed budget and has determined that the Operating Plan will provide efficient and cost effective marketing and promotion services for the Estes Park Local Marketing District Service Area. NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. The Estes Park Local Marketing District Business and Operating Plan for 2013 as filed with the Town Clerk is hereby approved. Dated this___________________________, 2012. ______________________________ Mayor ATTEST: ________________________________________ Town Clerk Estes Park Local Marketing District: Visit Estes Park 2013 Operating Plan September 24, 2012   Page 2       Introduction While the Estes Park Local Marketing District (LMD) is still the legal entity under which the 2% lodging tax is submitted, in January, 2012, we changed our DBA name to the more user-friendly ‘Visit Estes Park’. An increasing number of official Destination Marketing Organizations (DMO’s) have adopted the name ‘Visit’ preceding their destination, making the shift a natural move toward this emerging industry standard. As a result, the organization will sometimes be referred to as Visit Estes Park throughout this document, but the two names are essentially interchangeable. As this 2013 Operating Plan will outline, the Visit Estes Park Board of Directors and staff have again made significant progress in 2012, and we are planning for continued success in 2013. The Local Marketing District (LMD) Model According to Colorado State Statute, the Local Marketing District may provide any of the following services within the district: Organization, promotion, marketing, and management of public events; Activities in support of business recruitment, management, and development; Coordinating tourism promotion activities. (II) No revenue collected from the marketing and promotion tax levied under section 29- 25-112 may be used for any capital expenditures, with the exception of tourist information centers. (f) To have the management, control, and supervision of all the business and affairs of the district and of the operation of district services therein; (g) To appoint an advisory board of owners of property within the boundaries of the district and provide for the duties and functions thereof; (h) To hire employees or retain agents, engineers, consultants, attorneys, and accountants; (i) To adopt and amend bylaws not in conflict with the constitution and laws of the state or with the ordinances of the local government affected for carrying on the business, objectives, and affairs of the board and of the district; and (j) To exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.   Page 3       Visit Estes Park (LMD) Organizational Structure Key Players Visit Estes Park Board of Directors Visit Estes Park Staff Town of Estes Park Government Officials Town of Estes Park Staff Larimer County Officials Rocky Mountain National Park Leadership Community Stakeholders Organization The formation of the Local Marketing District and the 2% lodging tax were approved by District voters in November 2008 and lodging tax collections went into effect on January 1, 2009. Staffing and operations began in January 2010. The Visit Estes Park Board focuses direction directly to the President & CEO of the Visit Estes Park staff. All Visit Estes Park Board direction will be focused through the President & CEO, other than ordinary involvement in committees, in order to keep reporting direct and focused without confusion. We believe this is very important to keep individual agendas from getting involved in the direct line of reporting and direction that could cause confusion. Any necessary communication and direction to be given to the President & CEO during periods between Board meetings will be handled by the Visit Estes Park Chair with a follow-up summary to the entire Board. In the absence or incapacitation of the Chair, this responsibility will be handled by the Vice Chair. Visit Estes Park (LMD) Board of Directors Kathy Palmeri, Chair Bill Almond, Vice Chair, YMCA of the Rockies Scott Webermeier, Secretary/Treasurer – National Park Village Lindsay Lamson – Rocky Mountain Resorts Lee Lasson – Front Desk Consulting Lynette Lott – Valhalla Resort Chris Wood – McGregor Mountain Lodge   Page 4       Visit Estes Park (LMD) Staff Peggy Campbell - President & CEO Suzy Blackhurst - Operations & Finance Brooke Burnham - Public Relations, Communications, & Social Media Peter Marsh - Advertising Janice Mason - Group Sales & Services Kirby Nelson - Stakeholder Relations, Sales & Services Mike Oline - Administrative Assistant Visit Estes Park Mission, Vision, Core Values Mission: Attract visitors to the District through effective and efficient marketing in order to drive year-round economic growth. Vision: To be a year-round tourism and group destination that supports our healthy mountain community with a balance of financial success, memorable experiences for visitors and quality of life for our residents and employees. Core Values:  Accountable  Ethical  Proactive  Respectful  Responsive  Transparent 2012 Operating Highlights As planned, in January 2012, Visit Estes Park became an independent Destination Marketing Organization, complete with the new name of Visit Estes Park. Due to office space limitations, we moved our offices from the Estes Park Visitor Center to 1200 Graves Ave. With the move came a new address, new phone number, new email addresses, and our own independent IT infrastructure. In addition, we created and implemented our own Employee Handbook/HR policies and our own separate PERA (Public Employees Retirement Account) and payroll processing service. This resulted in our own brand identity and independence from the Town of   Page 5       Estes Park. Visit Estes Park staff, through an IGA with the Town of Estes Park, continues to participate in Town benefits, for which we pay 3% administration fee. Visit Estes Park continues to enjoy an excellent partnership with the Town of Estes Park. In 2011, the Town of Estes Park, recognizing the importance of tourism to the local economy and Town sales tax revenue, committed to an investment of $85,000 to support Visit Estes Park marketing efforts in 2012. This investment enhanced Visit Estes Park’s ability to provide exceptional destination marketing services, which in turn directly affects the Town’s sales tax collections. The Town of Estes Park 2013 marketing investment in support of Visit Estes Park efforts has not been determined as of this writing. On July 10th, the Visit Estes Park Board approved an additional $75,000 in immediate summer advertising in response to the loss in business due to the Estes Park structural fire and the Colorado wildfires. The Board determined that the additional funding would come out of the emergency reserve fund balance, thereby reducing the emergency reserve from $500,000 to $425,000. Visit Estes Park staff worked with advertising agency Hill Aevium to put together a thoughtful advertising campaign to supplement campaigns already in place. The campaigns focused both on our in-state markets and our out-of state markets. (See 2012 Marketing Highlights beginning on page six for details). An add-to-staff was approved by the Visit Estes Park Board of Directors in April, and as a result, a new employee was added to staff on August 27, 2012. In addition, a temporary person, managing Visit Estes Park’s group sales and services efforts was converted to a full time employee, bringing the total number of employees to seven. The President & CEO continues to report directly to the Visit Estes Park Board and directs the staff. In September 2012, an IGA between the LMD and Larimer County was developed. The ‘Agreement for Distribution of Payment Between Larimer County, Colorado and Estes Park Local Marketing District’ will result in payments by the County to the District. The IGA was formed because the parties disagree as to whether the LMD lodging tax is applicable to the County for use of camping and cabin accommodations located within Hermit Park Open Space. Both parties desire to amicably resolve those differences through a Payment in Lieu of Taxes (“PILT”). The County will pay the Estes Park LMD two percent (2.0%) of all camping and cabin rental fees and charges collected from accommodation users of Larimer County’s Hermit Park Open Space. Payments to the Local Marketing District will begin for the cycle of September 1, 2012 – December 31, 2012.   Page 6       In 2012, Visit Estes Park again earned a clean financial audit (for the year 2011) from independent auditors, Swanhorst & Co, LLC. In 2012, we produced the 2011 Visit Estes Park Annual Report which was completely redesigned to include brand new photography, a new format, new creative look and feel, and more interesting and relevant information for our stakeholders. The Visit Estes Park Board of Directors and staff truly appreciates our strong working partnership with the Town of Estes Park, Larimer County and Rocky Mountain National Park. 2012 Marketing Highlights 2012 has been a year of challenges and successes for Estes Park and all destinations in Colorado. The catastrophic Colorado wildfires over the summer garnered much unwanted national and international news recognition. These fires coupled with severe statewide drought conditions caused a ban on open fires including most fireworks throughout the state. When Estes Park’s popular Fourth of July Fireworks display was cancelled, Visit Estes Park took a proactive approach to the situation working closely with the business community to gather factual visitor information and engage the community with new promotional efforts. As mentioned, additional promotional emergency reserve funds were allocated and a special promotion for the 4th of July, called ‘Red, White & Cool’ was initiated. A great example of partnership with the Town of Estes Park, the Town took the lead on the new event at the Fairgrounds, and Visit Estes Park took on quickly rolling out a thoughtful advertising campaign for the Red, White & Cool event. Advertising included online banner ads on Denverpost.com, Colorado.com, as well as pay-per-click campaigns and Facebook ads. To target business for the remaining summer and fall season, a supplemental media campaign was created to target overnight visitation from Denver, Colorado Springs, Western Kansas, Western Nebraska and Southern Wyoming, all within a day’s drive. The Visit Estes Park TV commercial “Take Flight”, which won a coveted Telly award in 2012, was aired to help with the promotion along with a new radio spot. Television featured the first time use of cable networks to target potential visitors demographically and geographically. Buys included extensive Olympic coverage and the Denver Broncos first pre-season game coverage. Broadcast was followed up with a targeted custom eblast to 312,000 subscribers through the Denver Post network database. As a result of this effort, Visit Estes Park has seen a 6% increase in website visitation from the Colorado market and 7% increase specifically from Denver. Our advertising agency, Hill Aevium was instrumental in creating a successful supplemental campaign.   Page 7       In addition to supplemental advertising efforts in response to the effects of the Colorado wildfires, Visit Estes Park’s Public Relations efforts sprung into high gear to mitigate the negative publicity created by national coverage of the High Park fire west of Fort Collins, the Waldo Canyon Fire in Colorado Springs and the Woodland Heights structural fire in Estes Park. Media advisories, daily communications to Estes Park’s stakeholders and industry partners that included talking points, social media postings, and interviews with Denver area media have been integral to the efforts. Visit Estes Park created crisis-related copy for the Colorado.com home page and connected with car rental agencies in Denver and 1-800-COLORADO operators who we learned from our stakeholders were distributing incorrect negative information about the conditions in Estes Park. Through Visit Estes Park’s initiative, a travel blog reporting incorrect information about the fires related to Rocky Mountain National Park was corrected. Cooperative efforts with the Colorado Tourism Office resulted in Visit Estes Park’s participation in the state’s “The Colorado Pledge” initiative, and in August, Visit Estes Park became one of eight partners in the “Share the Love” promotion. The Share the Love promo showcased Colorado destinations most affected by the wildfires. Turner Public Relations, our PR firm, was instrumental in helping with our PR efforts. The overall 2012 advertising budget focused on doing more with less and making sure that each dollar spent worked harder than ever before. Primary and secondary target markets of Colorado, Texas, Illinois, California, Iowa, Kansas, Nebraska and Missouri were reached through an integrated blend of communication mediums, including consumer magazine advertising, pay-per-click ads, online display advertising, television, radio, e-newsletters, social media and website landing pages. The year-round visitor study completed in 2011 indicated the importance of the destination market as well as new data showing the importance of the Colorado overnight visitor. Families continued to be the primary summer focus followed by empty nesters and singles/couples during the fall, winter and spring seasonal periods. The overall media mix of 65% off-line and 35% on-line continued through 2012 allowing Visit Estes Park to nimbly reallocate efforts where needed. The Spring, Fall and Winter seasons brought an increased focus through added packaging and promotions. Each seasonal effort incorporated its own landing page promoting specific specials and lodging packages further driving the message of staying overnight in Estes Park. The creative established in 2011 was reused where possible updating each ad or online banner, landing page and e-newsletter with the new photography gained in 2012. A goal of increasing   Page 8       the photography that is owned by Visit Estes Park was accomplished with photo shoots during the winter 2012, capturing iconic images that complement those taken during the summer. Tracking and reporting continued to monitor the return on investment for each initiative allowing adjustments where necessary. From the 2012 Marketing Plan, each major goal and objective continues to be monitored and tracked and success is currently on par with the achievements from 2011. Final 2011 key indicators revealed that Visit Estes Park exceeded every major goal. Lodging tax increased by 7.45% and the Town of Estes Park sales tax increased by 9.18%. Visit Estes Park’s public relations effort, which generated $4,163,003 in PR value, increased by 474%, while VisitEstesPark.com website visits increased 9.32%. So far in 2012, our Key Indicator Report dated August 13, 2012 indicates that we are exceeding all of our major goals. LMD Lodging tax is up by 25.04%, Town of Estes Park Sales tax is up 29.29%, Visitor eNewsletter Subscribers are up 4.2%, Facebook fans are up 622.57%. Building strong partnerships between Visit Estes Park and the community continues to be a major focus. Engaging industry partners, stakeholders, tourism associations, and other community members enables us to market Estes Park as a vibrant, one-of-a-kind destination. Visit Estes Park’s Brand Strategy project, has significantly led the way in establishing these connections and relationships. As of this writing, Visit Estes Park has completed three of the four phases of the Brand Strategy project, concentrating on sharing each phase in depth with the community. Together, with extensive work completed by the Estes Park Destination Brand Team (comprised of key community leaders) and partners BrandStrategy, Inc. and MMGY Global, Visit Estes Park has created a BrandPromise® (the emotional distinctiveness of the community) and a Brand Blueprint (marketing creative designed to communicate distinctive brand messages). Extensive work has begun on the fourth and final phase, Brand Culturalization. This phase, which will be rolled out beginning in the fall of 2012, will continue to engage the community on a widespread level, involving a variety of methods to educate the entire Estes Park community on delivering the destination promise to our residents and guests alike. Duane Knapp of BrandStrategy, Inc. was instrumental in creating a successful brand strategy. In addition to reaching out to stakeholders regarding our brand strategy program, Visit Estes Park builds relationships through other avenues. Stakeholders and industry partners are encouraged to engage with the DMO via a variety of easy and accessible channels. Visit Estes Park produces a monthly stakeholder newsletter with information about recent advertising   Page 9       campaigns, upcoming events, and “need to know” topics relevant to tourism in Estes Park. Visit Estes Park Board meeting reminders are sent out a few days prior to encourage stakeholder attendance. Lodging properties have an opportunity to participate in the Rocky Mountain Lodging Report, which gives Visit Estes Park trending information such as occupancy and average daily rate. Industry partners can and do participate in various purchased Visit Estes Park advertising services, like brochure rack space at the Visitor Center or enhanced listings on the official website. Other opportunities for exposure are available, e.g. seasonal landing pages where current industry partner packages and promotions are highlighted. Stakeholders can join the conversation on official social media channels like Facebook and Twitter, submit events for our complete on-line calendar of events, and reach out to any Visit Estes Park staff for one-on- one discussion. Individual meetings with Stakeholder Relations, Group Sales, Public Relations, and President & CEO are a common and encouraged method of communication with the DMO. Since we believe that input from our stakeholders and industry partners are critical to the success of our DMO, staff spends significant time reaching out to stakeholders, communicating current campaigns and offering opportunities for involvement. The Visit Estes Park annual stakeholder meeting took place in May and garnered attendance of over 100 stakeholders. Over 300 industry partners participate in Visit Estes Park advertising services. Kirby Nelson, our Stakeholder Relations & Communications Manager represents Visit Estes Park on the board for Estes Park’s business association, Estes Valley Partners for Commerce. In a variety of ways, the DMO has focused on open communication and advocacy to and among Estes Park business stakeholders and residents. Group sales increased in 2012, up 9% mid-August 2012 compared to all of 2011. Eighty-nine groups have booked to date, representing 5,884 room nights. Visit Estes Park has been capturing group data in a database (ACT!), so we now have quantifiable information regarding Estes Park’s group market. The market breakdown is 39% for weddings; 34% for reunions, and 27% for meetings. There have been a total of 196 leads generated year to date. Sales and marketing efforts include a much stronger emphasis on providing exceptional guest service, stronger cooperative partnerships with group business venues, and additional focus on the Estes Park weddings market. In addition, group marketing efforts have been fine-tuned and include print and on-line advertising, social media, and a strong public relations effort. With the addition of a part-time temporary social media consultant, Visit Estes Park significantly increased our presence in Social Media. As of this writing, Facebook, Twitter, Flicker and   Page 10       YouTube increased by triple digit percentages each over the same period last year. In 2012, we launched Pinterest and Google+ social media channels. Coverage resulting in Visit Estes Park’s public relations efforts has garnered more than $560,000 in advertising value since the beginning of the year. Nearly 1 million people have viewed those stories. Special coverage generated by Visit Estes Park has appeared in USA Today, CNN, Smart Meetings, Denver Post, CBS4, Association News, Meetings Focus West, Chicago Magazine, Sugar Loco, AOL Travel, American Cowboy, Outside.com, BBC.com, Forbes.com, Snowshoemag.com, Yorkshire Post, KWGN-2, 5280 and Colorado Parent. To generate future coverage of Estes Park, 23 familiarity tours (fam tours) have been hosted through Visit Estes Park. Work to produce the next year’s Official Visitor Guide is fully underway and is on schedule to be available for distribution on December 21, 2012. While Visit Estes Park contracted with the same designer and editor who worked on the publication last year, to produce the magazine, ad sales have been conducted in house this year. Visit Estes Park continues to invest in research, having retained Summit Economics for the research study The Economic Impact of Tourism on the Estes Park Economy, which was completed in August 2012. This important research study resulted in quantifiable data regarding the impact of tourism. We confirmed that tourism is the basis of the Estes Park economy and it is the #1 job creator. We learned that tourism saves each Estes Park resident $418 in taxes, which is significant, especially when compared to the State which saves $364 per family. We also learned that Estes Park welcomes approximately 2,000,000 visitors annually. The VisitEstesPark.com website is almost eight years. Before we spent considerable resources including staff time and significant funding to develop a new website, Visit Estes Park identified several critical strategic initiatives that needed to be accomplished first: Year-Round Visitor Study (completed in February 2011), Estes Park Perception Study (completed in October 2011), and Estes Park Brand Strategy (the phase needed to define web strategy was completed in July 2012). Through the important efforts of a small committee of committed industry partners, working alongside Visit Estes Park staff, a website provider has been selected. 2013 Operational Plan The Estes Park Local Marketing District continues to be organized by Intergovernmental Agreements (IGA’s) between the LMD and the Town of Estes Park and the LMD and Larimer   Page 11       County. In addition, the previously discussed IGA between the Local Marketing District and Larimer County for the PILT payment for Hermit Park will be also in effect. The primary funding source for the district continues to be the 2% lodging tax which is collected by district lodging properties from their guests for stays of less than 30 days. This tax is remitted to the Colorado Department of Revenue on a quarterly basis and then distributed to the Estes Park LMD. LMD 2% lodging tax collections were $1,250,623 in 2010 and $1,343,774 in 2011. Estimates for 2012 are too early to accurately forecast as only the 1st and 2nd Quarter’s distributions have been received. The first two quarters of 2012 however, did see a 25.04% increase over the same period in 2011. Third quarter lodging tax, which represents our high summer season, will be received from the State on or around November 15, 2011, at which time 2012 revenue forecasts will be more reliable. Due to the Colorado wildfires, summer sales tax collections are expected to be lower than the summer of 2011. Revenue is also received as a result of offering advertising to our stakeholders to promote their business through Visit Estes Park. We expect this to be about $210,000. As discussed, the Town of Estes Park has also provided funding for our marketing efforts, however, the 2013 amount has not yet been determined. A seven (7) Member Board is appointed with five (5) members appointed by the Town of Estes Park Board of Trustees and two (2) by Larimer County Board of County Commissioners. Regularly scheduled Destination Leadership meetings began in 2012 between two Visit Estes Park Board members, two Town of Estes Park Trustees and staff leaders of each group. The purpose of the meetings is to open the lines of communication regarding developing a long term strategy for the destination with an eye toward driving year round economic growth. Our goal is to continue to strengthen this partnership and information sharing process. Staff continues to work closely with Visitor Services and Events, both of which are funded and managed by the Town of Estes Park, and are a part of the Town’s Community Services Division. In September, Advertising Manager, Peter Marsh, announced his retirement effective at the end of 2012. A seasoned veteran with the Town of Estes Park and Visit Estes Park, Peter’s twenty- two years of successfully advertising the area has been so appreciated. Transition of Peter’s responsibilities is in progress.   Page 12       2013 Marketing Plan The marketing plans developed in our first three years of operation have laid a solid and successful foundation for current and future destination marketing efforts. The 2010 Marketing Plan developed by Hannah Marketing and the 2011-2013 Marketing Plans developed by the Visit Estes Park team will continue to serve us well on our road to destination marketing excellence. 2013 Marketing Strategies We will focus our 2013 Marketing strategy by following the 2012-2013 Marketing Plan dated March 2012. Changes for 2013 are in two key areas – implementing the brand strategy and launching a new website. Brand Strategy will focus on rolling out the 4th and final phase to the entire Estes Park Community. The Brand Culturalization or ‘Delivering the Estes Park Brand Promise’ consists of interactive training sessions to educate the entire community in delivering the Estes Park Brand Promise to our guests. The existing VisitEstesPark.com website is almost eight years old. In 2013, our goal is to launch an advanced, powerful, creative, feature rich website, utilizing the latest technology and destination marketing best practices. In other words, a website/mobile site that will dramatically improve internal efficiencies, provide real value to our stakeholders, reflect our brand promise, delight the consumer planning their trip, effectively compete with any other destination website, and measurably increase visitor conversion. Functionality will include a booking engine, language translation, mobile site, itinerary builder, and social media integration. The new website will require engaging our industry partners along the way, as advertising options will change resulting in significantly improved promotional opportunities. The 2013 media allocation will capitalize on 2012 successes and continue the shift towards more electronic media with a continued focus on the overnight visitor. Goals and objectives will be updated and tracking and reporting will continue for each marketing initiative using research, goal setting and conversion analytics. Public Relations will continue to identify unique story ideas to support the effort of attracting more overnight visitors.   Page 13       2013 Media Plan Synopsis Partnering again with Visit Estes Park, Hill Aevium was retained to complete the research and development of the 2013 media plan. Following is an overview of the integrated marketing effort for 2013 as well as specific media objectives, strategies and tactics. Integrated Marketing Effort The advertising plan developed is not meant to be a static or singular document. It was developed as part of a larger integrated effort being implemented by Visit Estes Park that includes:  Public Relations  Social Media  Advertising  Direct Marketing & Sales  Stakeholder Partnerships  Research  Destination Branding  Website, Digital Marketing, SEO  Collateral Development  Tracking and Reporting Adjustments will be made during the year as market demands or conditions change. Tracking and reporting will utilize Google Analytics as well as 800 number calls, visitor inquiries, click through rates, impressions and a series of vanity URL’s. Landing pages will be created where appropriate to further assist with tracking. The Guest Research, Inc. Visitor Study has again been used as a basis for the media decisions along with the results of 2011 and 2012. The Visitor Study includes 13 months, providing even more information on shoulder and winter seasonal attributes. Using Research to Drive Media Selection Who Is Coming to Estes Park and Why? The data from Guest Research, Inc. indicates that 63% of visitors to Estes Park are staying overnight. Day visitors make up only 37%. On average, overnight visitors spend $500-$860 per day depending on the season, vs. the day visitor’s daily spend of $83-$102. 43% of all visitors are from Colorado.   Page 14       Rocky Mountain National Park and a relaxing mountain getaway trade one and two positions as the reason most visitors come to Estes Park. Wildlife viewing, outdoor recreation and low cost/good value follow this. Primary Target Demographics The largest visitor age group ranges between 45 and 54 years of age. Average household income is $110,000-$149,000 and the majority of people in this group are married and have children, 26% of people in this group did not have children, 39% had children at home, and 35% have children that no longer live at home. Travel Party indicated 43% were couples and 54% were families. This changes dramatically by season. These people are highly educated with 84% having a college degree or post-graduate degree. They are coming to Estes Park from CO, TX, NE, KS, MI, IL, IA and CA. Seasonally We now have the data to look at the makeup of the visitor by season in Estes Park. Note that due to multiple answers to the same question, e.g., who were you traveling with?, certain questions may not result in a total of 100%. The summer day and overnight visitors are age 45-54 with a tie for second at 38-44 and 55-63. 60% are Families (3-10) and 59% are Individuals/couples (1-2). The fall day visitor is 45-54, with overnight visitor in the 55-63 age group. 59% are Couples (1-2 people) and 46% are Families (3-10 people). The winter day and overnight visitors are age 45-54 followed closely by those 55-63. The travel party status shifts even more to the Individual/couples at 64% followed by Families at 43%. Group Target Demographics The Group audience for Estes Park comes primarily from the Front Range drive market. Tracking in 2012 indicated the group market breakdown at 39% for weddings; 34% for reunions, and 27% for meetings.   Page 15       Media Objectives for 2013  Increase overnight stays while maintaining traffic from day visitors  Increase overnight stays from within Colorado  Increase seasonal guest stays  Increase conversion of Visitor Guide inquiries  Increase website visitation to new website  Increase group business from Front Range drive market  Increase percentage of “new” visitation  Increase social followers  Expand email database Media Strategy  Eliminate publications that did not perform in 2012 while re-investing in publications that focus more directly on the 2013 target audience.  Reallocate 5% of traditional media to online media creating a 60% allocation to traditional media and 40% allocation to online media outreach.  Continue to piggy-back on the Colorado Tourism Office efforts to expand awareness of Estes Park in targeted geographic U.S. and international markets  Target Families in the Spring and Summer / March – Mid-August.  Target Empty Nesters in the Fall and Winter / Mid-August – March.  Increase media spend in Colorado to target overnight visitors.  Drive decision makers to the Visit Estes Park website as well as increase the email database.  Increase online presence in the growing Mobile and Tablet markets.  Use Comcast cable to specifically target key markets.  Allocate budget for Group business focusing on primarily social type groups, e.g., weddings and reunions.   Page 16       0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 2010 2011 2012 2013 Media Breakdown by Year Magazine Newspaper Radio/TV Online/PPC/SEO    Page 17         Page 18       Estes Park Local Marketing District  2013 Budget  ‐ Annual Operating Plan    Budget Projected Budget    2012 2012 2013              Revenues      Intergovernmental (Visitor Guide) $185,000 $160,000  $160,000    2% Tax 1,390,800 1,382,090  1,438,000   Stakeholder Services 230,000 230,000  210,000  Town of Estes Park Marketing Investment  85,000 85,000  85,000*    Other 0 0  0    Investment 0 60  0                 Total Revenues $1,890,800 $1,857,150  $1,893,000             Expenses      Personnel Services $502,321 $560,000  $629,608    502,321 560,000  629,608         Marketing & Operations 1,705,993 1,548,313  1,470,392       Total Current Expenses 2,208,314 2,108,313  2,100,000       Total Expenses $2,208,314 $2,108,313  $2,100,000             Excess (deficiency) of revenues over ($317,514) ($251,163) ($207,000)    expenditures         Other financing sources (transfers in) 0 0  0  Other financing uses (transfers out) 0 0  0       Increase (decrease) in fund balance (317,514) (251,163) (207,000)       Beginning Fund balance 971,882 971,882  720,719       Ending Fund balance $654,368 $720,719  $513,719                          RESTRICTIONS    TABOR Reserve: 3% of expenditures $66,249 $63,249  $63,000           *$85,000 is a placeholder, pending decision by the Town of Estes Park.