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HomeMy WebLinkAboutPACKET Town Board 2012-03-27The 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, March 27, 2012 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). SWEARING IN OF SERGEANT SWALLOW. GRADUATION CEREMONY: 2012 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Pinkham, Public Information Officer Rusch and Interim Town Administrator Richardson - Present Participation Certificates to the following class members: Rebecca Bailey Bob Balint Kim Comstock Judi Cunningham Shelley Davis Thomas Gootz Jen Imber Lexi Jacobson Penny Keeler Daniel Kirkpatrick Ray Nieder Susie Parker Alice Reuman Sue Richert Pamela Seaver Kathy Sherrod Pete Sumey Diana Van Der Ploeg Pat Nelson ***PUBLIC RECEPTION will be held immediately following the ceremony (10 Minutes)*** PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 13, 2012, Town Board Study Session Minutes dated March 13, 2012 and Special Town Board Minutes dated March 5, 2012. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities and Public Works Committee, March 8, 2012. Prepared 3/18/12 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4. Estes Valley Planning Commission Minutes dated February 21, 2012 (acknowledgement only). 2. LIQUOR ITEMS: 1. NEW TAVERN APPLICATION FILED BY HILLSIDE BURGER INC. DBA HILLSIDE BURGER, 205 VIRGINIA DRIVE FOR A TAVERN LICENSE. Town Clerk Williamson. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. REPORT ITEMS: a. Amending the Estes Valley Development Code as it relates to Accessory Dwelling Units. Public hearing scheduled for April 10, 2012. 4. ACTION ITEMS: 1. BOARD OF ADJUSTMENT APPOINTMENTS. Director Chilcott. • Wayne Newsom, 3 year appointment, expiring, February 28, 2015. • Jeff Moreau, 3 year appointment, expiring February, 28, 2015 2. CREATIVE SIGN DESIGN REVIEW BOARD APPOINTMENTS. Director Chilcott. • Diane Muno, 3 year appointment, expiring March 1, 2015. 3. ESTES PARK HOUSING AUTHORITY BOARD APPOINTMENTS. Director Kurelja. • Jack Dinsmoor, 5 year appointment, expiring April 11, 2017. 4. VOLUNTEER MANUAL. Director Kilsdonk. 5. VIRGINIA DRIVE, PARK LANE AND MACGREGOR AVENUE REHABILITATION PROJECT CONSTRUCTION CONTRACT. Director Zurn. 6. WIRELESS SERVICE AGREEMENT FOR FAIRGROUNDS. Manager Winslow. 7. ONLINE SPECIAL EVENT TICKET SALES. Manager Winslow. 5. ADJOURN. Town of Estes Park, Larimer County, Colorado, March 5, 2012 Minutes of a Special meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 5th day of March, 2012. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 2:34 p.m. 1. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Ericson/Blackhurst) for discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees – Town Administrator Candidate Review under C.R.S. 24- 6-402(4)(f), and it passed unanimously. Mayor Pinkham adjourned the meeting into Executive Session at 2:26 p.m. where the Board entered into Executive Session. Mayor Pinkham reconvened the meeting at 3:59 p.m. into regular session. 2. ACTION ITEMS: 1. INTERVIEW PROCESS FOR THE TOWN ADMINISTRATOR. Gary Suiter/Mercer Group reviewed with the Board potential interview processes including a public reception, community panel interviews, employee panel interviews, tour of Town owned facilities, and Board interviews to be conducted during a two day process on March 20th and March 21st. Board discussion followed with a community interview panel to be chosen by Mayor Pro Tem Levine and Trustee Koenig to include Special Districts, community interest groups and three members of the public at-large with no more than 15 members; and an employee panel representing each department from across all aspects of the work force to be established by Clerk Williamson. Both panels would provide feedback on each of the finalist for the Board to use during deliberations. The Meet and Greet would provide the community the ability to meet the finalist and provide feedback either with each Trustee individually or through comment cards. Mr. Suiter stated one of the top finalists has a conflict and would not be able to attend the interview with the Board on March 21st. After further discussion Board of Trustees – March 5, 2012 – Page 2 amongst the Board, it was determined to interview the finalist the morning of March 20th prior to the panel interviews. The Board discussed if the Board interviews of the finalist should be held in executive session or in open session and debated the formality, i.e. Board Room with Board seated at dias, less formal below the dias, or smaller conference room setting. Trustees Blackhurst, Elrod and Miller voiced the need for the finalist to present themselves during a public setting and for transparency of the process. Mr. Suiter stated a public interview may limit the openness of the finalist. After further discussion, it was moved and seconded (Koenig/Levine) to hold Town Administrator finalist Board interviews in Executive Session in the Board Room, and it passed with Trustees Blackhurst, Elrod and Miller voting “No” and Mayor Pinkham breaking the tie by voting “Yes”. Attorney White stated the Board would need a two-thirds vote to enter Executive Session on March 21st to conduct the interviews. Further discussion was heard with Trustees Blackhurst and Miller asserting a successful finalist needs to be able to present themselves in a public setting and reaffirming the need to have the interviews conducted in public. Trustee Koenig stated the Board needs to conduct open and frank interviews with the finalist which can only be accomplished in Executive Session. After further discussion, it was moved and seconded (Ericson/Miller) to hold the Town Administrator finalist Board interviews in Open Session in the Board Room, and it passed with Trustees Koenig and Levine voting “No”. Mr. Suiter recommended he prepare a set of questions and interview instructions for both panel interviews and the Board for review. Final interview booklets, questionnaires and ranking criteria would be provided by Mr. Suiter. The Board Room would be set up with an informal setting below the dias and all interviews would be taped, televised and placed on the Town’s website for public access. Finalist names would be released to the public once it has been determined each would attend the interview process. Whereupon Mayor Pinkham adjourned the meeting at 5:15 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, March 13, 2012 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 13th day of March, 2012. Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig and Miller Attending: All Also Attending: Interim Town Administrator Richardson, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. 2012 CAPITAL ASSET MANAGEMENT PLAN (CAMP). Interim Town Administrator Richardson stated the CAMP has been broken into two parts, 2012 CAMP items and a 5 year plan. The purpose of the meeting is to discuss those items approved for the 2012 budget, recommend changes to approved projects, and the addition of projects not known (including unfunded mandates) during the preparation and approval of the 2012 budget. Discussion would include the review of funds available to complete projects, changes to strategies, and the potential of additional revenue sources. Trustee Blackhurst discussed the issue of using a depreciated model when assessing the need to fund improvement projects, stating the model does not always make financial sense for government. He questioned how fully depreciated items fit into the model. Trustee Miller agreed. STALL BARN The item was approved during the 2012 budget to replace 100 stall barns in the northwest corner of the property just north of the new transportation hub. The project would reduce the Town’s liability with housing horses in 50 year old stall barns. An RFP for a metal building has been developed with add-alts including items such as heat and insulation to allow the building to be used for more than agricultural purposes. Staff has estimated the project would increase by $300,000 to upgrade sewer and water lines for the addition of restroom facilities if the building were to be used for human activities. The design-build RFP requires the consultant to work with the Board on programming and master planning for the specific quadrant of the property. Board comments are summarized: Trustee Miller questionrf when the Board would review the RFP to addresses issues such as staff space, location and other uses because the Town may be missing an opportunity to build a public facility; Trustee Blackhurst and Mayor Pro Tem stated the intent during the budget process was to build new stall barns for $600,000 and not a building for public use; Trustee Koenig commented the barns could be insulated now with the intent to build restrooms in the future during a second phase. After further discussion, it was agreed the building should include insulation and heat in order to expand the use of the building in the future. ELM ROAD The Town was contacted by Waste Management when it was noticed discolored runoff from the transfer station site on Elm Road. Walsh Environmental Consultants were hired Town Board Study Session – March 13, 2012 – Page 2 to test the runoff and determined the discharge exceeds limits in a few areas such as iron and salts, and is consistent with runoff from a landfill. Water quality ponds and associated storm drainage improvements are needed to control quality, volume, runoff and sediment entering the Big Thompson River. The Town has received a mandated request from the State to submit a drainage plan specific to mitigating current ground water issues created by the landfill and remove storm drainage from the site. The Fire District’s training facility on the site would need to be addressed because the liquids used during training exacerbate the issues. Staff estimates $112,000 in 2012 to address planning and design engineering for the site with approximately $886,000 for implementation. The funds needed to address the issue could increase due to the number of unknown issues with the area. The project would be a 12 to 18 month process. Trustee Blackhurst questioned if the Town has a Brownfield issue. Attorney White stated the site does not meet the requirements or definition of a Brownfield. VISITOR CENTER The log beams at the visitor center have begun to split causing concern. Staff recommends the cracks be repaired at an estimated cost of $50,000. It was stated that splitting timbers are commonly seen in log homes and questioned if it was a real concern. Director Zurn stated the cracking of the beams should be reviewed. PARKING GARAGE The Town was awarded the Paul Sarbanes Federal Lands Management grant of $3 million to build a parking garage at the Visitor Center over the current parking lot for approximately 300 total spaces. The official grant award has not been submitted to the Town for final approval by the Town Board including the approximately $700,000 in matching funds. Staff continues to work with CDOT to identify an additional $900,000 in grant funds for the project, and to date an additional $228,000 has been awarded to the Town that could be used to offset design fees. Staff expects to spend $40,000 to $50,000 in design costs in 2012 with the possibility of additional grant funds as the project becomes shovel ready. Director Zurn stated the grant funds awarded the Town are the largest awarded a municipality and turning the grant down would not be received well by the entities supporting the Town’s transportation improvement efforts. Town Board comments are summarized: Trustee Koenig stated concern with placing a parking garage over an existing parking lot thereby not realizing 300 new parking spaces because of a loss of 100 existing spaces, and stated the Town never agreed to build a parking garage; Trustee Blackhurst commented the Town Board agreed to commit $900,000 if the grant funds were awarded for the project; Trustee Ericson echoed the Board did not agree to build the garage and the 2012 budget did not commit funds for the potential project; Mayor Pro Tem Levine stated his understanding of the original vote on the approval to submit a grant application was for approval of the project, therefore, he voted “no” on the issue; Mayor Pinkham requested the documents and schedule for the project be sent to the Board when available; Trustee Blackhurst stated as a vocal proponent against parking structures, he supports the grant as it provides the Town a mechanism for building a structure at a fourth of the cost and the location is appropriate; and Trustee Koenig requested further discussion by the Board and a review of the minutes for the project. KIOWA RIDGE The property owner of two parcels, one 7.96 acres of open space used by MacGregor Ranch for feed and a .17 acre parcel containing a Town water storage tank, has offered to sell both parcels to the Town for $50,000, $10,000 (Open Space Fund) and $40,000 (Water department) respectively. The Water department has stated it would be advantageous to own the property in which the tank resides in order to place security around it. The larger parcel is included in the trails master plan and has been identified as part of the wildlife corridor and natural wetland area. CDOT would likely work with the Town to develop the area as a wildlife viewing area. The Kiowa HOA has reviewed the proposal and does not have concerns with the Town owning the parcels and dedicating the larger parcel as a conservation easement. The property owner owns an Town Board Study Session – March 13, 2012 – Page 3 additional vacant lot within town limits with 130 fixture units, which he would like to sell 120 to the Water department at a cost of $50,000 ($170,000 value) and maintain 10 units on the property for future development. Staff stated there are advantages to owning wetland property with regard to water quality management. Board discussion is summarized: Trustee Blackhurst agreed the Town should purchase the smaller parcel containing the water tank, and questions purchasing land already dedicated as open space; Trustee Elrod stated concern with purchasing additional Town owned land when the $800 million in property owned by the Town has not been reviewed and a plan developed for the properties; Trustee Elrod stated the Town should own the water tank property; however, it would be premature to add additional property at this time; Mayor Pinkham and Trustee Miller commented the purchase of open space addresses a community concern voiced in the recent community survey at a very low cost; and allow MacGregor Ranch to use the property through a conservation agreement. After further discussion the Board agreed to continue discussions with the property owner, investigate how the property fits into the trails master plan, and possibly bring forward the smaller parcel to the Board as an action item. ROCK SIDE/HIX CABIN The Town was approached by the Frank and Alma Hix to move the 1899 F.O. Stanley cabin from 475 W. Wonderview Avenue to the Museum property. The building would be preserved and outfitted for exhibits. Discussion followed on the need to have funds raised by the Friends of the Museum; additional detail needed on the cost of moving the building; this project should be discussed with the master plan for the Museum and Senior Center sites; the project and master plan should be discussed during the 2013 budget and should not be added to 2012. There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, March 13, 2012 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 13th day of March, 2012. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Greg White, Town Attorney Lowell Richardson, Assistant Town Administrator Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS Charley Dickey/Town citizen invited the Board and the community to the next Business After Hours meeting sponsored by Estes Valley Partners of Commerce on March 22, 2012 starting at 4:30 p.m. at the Estes Park Resort. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Miller reminded the community to complete nominations for the Pride Awards during the month of March. Trustee Elrod stated the Planning Commission meeting would move from March 20th to March 22nd due to the Town Administrator interview process. The Planning Commission would continue to review Accessory Dwelling Units. Trustee Blackhurst invited the public to attend the Estes Park Housing Authority meeting on March 14th at 8:30a.m. in Room 203. Mayor Pinkham commented he and members of Elkhorn Project Inc. presented the project to the Office of Economic Development and it was well received. The Town should be notified on May 18th if it has been award one of the grants. TOWN ADMINISTRATOR REPORT. Interim Town Administrator had not report. Town Clerk Williamson provided an updated on both the April 3rd Municipal Election and the Town Administrator process to be conducted on March 20th (community panel interview, employee panel interview, and the meet and greet) and March 21st (Town Board interviews). 1. CONSENT AGENDA: 1. Town Board Minutes dated February 28, 2012 and Town Board Study Session Minutes dated February 28, 2012. 2. Bills. 3. Committee Minutes: Board of Trustees – March 13, 2012 – Page 2 a. Community Development/Community Services Committee, February 23, 2012. 4. Estes Park Tree Board Minutes dated January 20, 2012. It was moved and seconded (Levine/Miller) to approve the Consent Agenda, and it passed unanimously. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP – FROM TWIN OWLS STEAKHOUSE, INC. DBA TWIN OWLS STEAKHOUSE TO TWIN OWLS INC. DBA TWIN OWLS STEAKHOUSE, 800 MACGREGOR AVENUE. Town Clerk Williamson presented the application stating all required paperwork and fees had been submitted and a temporary license was issued. Thad Eagan/co-owner was present to answer questions. Mayor Pro Tem Levine encouraged anyone selling alcohol complete the training because the Town takes the selling of alcohol to minors very seriously. It was moved and seconded (Blackhurst/Elrod) to approve the Transfer Application filed by Twin Owls Inc., dba Twin Owls Steakhouse for a Hotel and Restaurant liquor license at 800 MacGregor Avenue, and it passed unanimously. 3. ACTION ITEMS: 1. LARIMER COUNTY ON-LINE PERMITTING INTERGOVERNMENTAL AGREEMENT (IGA). Manager Winslow stated the Town has been working on developing an online permitting process with Larimer County since 2011. The IGA would allow Town staff access to the site hosted by the County. The new process would allow applications the capability to contact all staff involved in approving the event permit and allow the applicants the ability to select all needed resources. There would be an annual hosting fee of $120. It was moved and seconded (Blackhurst/Koenig) to approve the Intergovernmental Agreement with Larimer County for on-line permitting, and it passed unanimously. 2. RESOLUTION # 04-12 SURPRISE SIDEWALK SALE. Manager Winslow stated the spring Sidewalk sale would be held on May 5 and 6, 2012 to all Estes Park businesses. Businesses not located in the downtown corridor would be located in Lot 2, Children’s Lot, if Bond Park is under construction. The Resolution allows outdoor sales to be conducted which are prohibited in the CD - Commercial Downtown zoning district. Staff also recommends allowing sandwich boards on this weekend as long as they do not encroach on the required four-foot clearance. Staff would educate the businesses on the regulations for the sale as outlined in the Resolution. It was moved and seconded (Miller/Levine) approve Resolution #04-12, and it passed unanimously. 3. 2012 SHUTTLE CONTRACT WITH MCDONALD TRANSIT AND SHUTTLE ROUTES. Director Kilsdonnk thanked the efforts of the shuttle committee. The committee was formed to improve the free shuttle system. There were three goals to increase ridership ….29:00. Proposed shuttle schedule – Special June weekends are being added due to the Ride the Rocky event from June 14th and many of them will stay in Estes Park and their families. Mayor Pinkham would host the shuttle for $3,000 on the Red, Blue and Silver Routes. Board of Trustees – March 13, 2012 – Page 3 June 22-24 to promote the Scandinavian event with the full daily schedule to begin on Fridya June 29th with Red, Blue and Silver routes to begin 1 hour ealier than 2011 with a timeframe of 9:00 – 10 p.m. to encourage the employees working downtown to utilize the shuttle. Browon – 8-9 Full daily schedule to end Sunday Sept. 9th. Special fall weekend – Silver service to downtown during Scotsfest, and others see slide. Summary of schedule changes – start on Friday and not Saturday, earlier start, two additional weekend, red and blue route would not be combined. Increase in service days form 68 – 88 days of service and hours. She reviewed the route changes. The red route is reversed from 2011 and starts at VC and makes 5 stops downtown and goes down 34 and turnsaround and goes back to the VC. Blue route – VC down 34 east Brown route – VC down 7 Silver route – see the slide this will be to pickup the affordable housing in the area. Map and the shuttle stop symbols to use the maps more user friendly. The words free shuttle will be color coded to match the routes. The numbers can be moved if there are changes in the future and reduce costs. Committee recommendations – look at memo. How do we deal with stops on private property and it was determined there should be a policy and an agreement with the property owner. The group would like to continue to meet during the season Look at alternative funding sources. Miller would like the Town to look at changes of the sign code to allow advertising on benches to provide benches. 44:00 – posters – partnership Contract – RMNP extend the contract for an additional year and the Town has extended its contract with but with the additional service during 2012 a new contract is being presented for 2012. 8106 dollar increase to complete the schedules presented. Community Services funds and 46:00 Recommendation is 2012 contract 261,000 and the schedules presented. Lindsay Lamson/Town citizen he participated and stated that there was a good group that was diverse representation. It was viewed as a community service and not a visitor service. Charley Dickey/Town citizen he raised support for it and this is one of the top issues for the TVC. Blackhurst – the evaluation process in place for us to have good data as we move forward during the budget process. Board of Trustees – March 13, 2012 – Page 4 It was moved and seconded (Koenig/Blackhurst) to approve the 2012 contract and the schedule for 2012, and it passed unanimously. 4. REAL TIME PASSENGER INFORMATION SYSTEM (RTPIS) CONTRACT – SHUTTLE SYSTEM. Director Zurn stated the IGA for the grant funding through the Federal Highway Administration for the construction of the Transit Hub Parking Lot included language for the purchase and implementation of Intelligent Transportation Systems (ITS) equipment and software to better serve public transportation users. Murray McBride provide an outline of the Real Time Passenger Information System (RTPIS) that provides estimated time of arrival at stops; increased ridership by increasing passenger satisfaction and trust in the system as a result of more accurate reporting; and provides increased awareness of the Estes Park and RMNP shuttle service through display monitors at the Visitor Center and the Park and Ride bus shelter, through the “Estes Park Transit” web site showing real-time bus locations and schedules, and through electronic portable devices allowing passengers to track bus locations. This would allow both visitors and residents to plan trips commuting in and around Estes Park and encourage the use of public transportation thereby reducing vehicle congestion downtown. Proposals were received by two vendors and evaluated with input from the project team, RMNP and CDOT with Connexionz chosen as the preferred vendor based on the most accurate, reliable and cost effective RTPIS for Estes Park and the Park. Discussion was summarized: the capability of moving the units from one bus to another in the even there are mechanical failures; it was recommended the Town purchase additional GPS units and cellular modem since the Town would be well under the remaining grant funds; questioned if IT and the LMD have been involved in the process; IT has been involved and Verizon service would provide the most cost effective service at $20/month per bus; it was suggested the warranty for the units be extended beyond the 12 months since the units will only be used for 4 to 5 months during the initial 12 month period; questions arose on the purchasing too many spare parts that may not work if the system is upgraded in the future, making the spare parts obsolete; and it was suggested to purchase sufficient backup units to cover 5 years of service. After further discussion, it was moved and seconded (Blackhurst/Levine) to approve the contract with Connexionz Ltd. purchase and deploy a Real Time Passenger information System (RTPIS) with the purchase of additional modems and antennas beyond those in the original contract at a cost not to exceed $90,000 with the Town reimbursed 82.8% of the cost through the FASTER grant , and it passes unanimously. 5. ORDINANCE # 03-12 AMEND MUNICIPAL CODE SECTION 2.20 MAYOR AND TRUSTEES COMPENSATION. Trustee Miller recused himself as a candidate, Koenig recused herself and Ericson and Pinkham Mayor Pro Tem Levine opened the public hearing – took over the meeting for the Mayor who recused himself from the discussion and vote. Lowell reviewed memo. Comparison to look at budgets of the 13 comparison commuhities, the fully time employees and the primary economic drivers such as property tax versus sales tax etc. Mayor ranks 14 of 14, Trustees ranked 11 of 14, and Mayor Pro Tem was 9 out of 14. Data was from the CML data. Staff recommends $7,500, Mayor Pro Tem $6,500 and Trustee $5,500. Attorney White – the ordinance includes language on when a salary increase for the board would take place during the budget process for even years. He stated not currently seated board member can increase their Board of Trustees – March 13, 2012 – Page 5 Blackhurst – there has been no policy on when to discuss compensation for the Town Board and this places it as part of the routine process of budgeting. Trustee Elrod – he would agree that there is a process put in place. He stated what does it cover – mileage, time spending in preparation, space in the homes for office, utilities, printer, telephone, etc. Anyone that is running for this position should run completely as a volunteer and a raise in compensation is overdue. When we look at the compensation is the differentiating the position of Mayor Pro Tem – he stated historically it has been recognizing two classes Mayor and Trustee prior to 2008. In 2008, the Mayor Pro Tem was carved out and he stated the Mayor Pro Tem is not an elected position, it is an appointed position by the Board. He stated the CRS references only the Mayor and the Trustee compensation would be affixed by Ordinance and has no mention of Mayor Pro Tem. He stated the state statue addresses the emoluments for the mayor and trustees and does not mention the Mayor Pro Tem. He believes it is improper to single out the Mayor Pro Tem for compensation. He stated there are not many municipalities that recognize the Mayor Pro Tem with a separate salary. He would propose modifying the ordinance to remove the references to the Mayor Pro Tem. He makes a motion to raise the Trustee salary to 6,000 a year – motion dies for a lack of a second. Levine – because it is not addressed in the state statute that we can not single out the Mayor Pro Tem. White stated no and that you can take a more liberal reading of the state statute and it can be interrupted in both ways. Levine stated 15 to 20% more time is spent as Mayor Pro Tem and he would support the original motion. Lindsay Lamson/Town citizen – given the small salaries it limits those that can serve on the Board to those that are retired, independently wealthy or those that are willing to sacrifice their careers and families. He would encourage the Board to review it and increase it whenever possible. Lynette Lott/County citizen she stated support for the increase. We can not compensate you enough and thanked the board for their work. Elizabeth Fogerty/County citizen she also stated support for the increase. We think the Town board deserves compensation that is comparable to other communities. Blackhurst – we are hired to do what we do by being elected by the voters. That is why we spend the time and why we serve. Steve Barlow/Town citizen this minimal raise he would support it. Attorney White read Ordinance #03-12 into the record. After further discussion, it was moved and seconded (Blackhurst/Elrod) approve Ordinance #03-12, and it passed with Mayor Pinkham and Trustees Ericson, Koenig and Miller recusing themselves. 4. STAFF REPORT AND DISCUSSION ITEMS: 1. ANNUAL REPORT FOR ROCKY MOUNTAIN PARK INN SERVICE AGREEMENTS. Manager Pickering reviewed memo. How are we tracking compared to past year – Blackhurst. Pick stated that there were decreases in the last couple of years and we are seeing an increase this year. Board of Trustees – March 13, 2012 – Page 6 Koenig – is there a period of time that they need to brand the new hotel name. Pickering – the company felt they could comet and they knew they were going to lose some business and they are working on it. Elrod - Whereupon Mayor Pinkham adjourned the meeting at 9:25 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, March 8, 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 8th day of March, 2012. Committee: Chair Blackhurst, Trustees Ericson and Koenig Attending: Chair Blackhurst, Trustees Ericson and Koenig Also Attending: Finance Officer McFarland, Chief Kufeld, Dir. Bergsten, Utilities Superintendent Fraundorf, Public Works Civil Engineer Kevin Ash, Town Clerk Williamson, and Deputy Town Clerk Deats Absent: Interim Town Administrator Richardson and Dir. Zurn - Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None PUBLIC SAFETY. Trustee Koenig congratulated Police Department Employee of the Year Noel Bryan; Officer of the Year Andrew Hart; Civilian Employee of the Year Jan Carpenter; Community-Oriented Police Officer of the Year Gregg Filsinger, Sr.; Restorative Justice Volunteer of the Year Carol Mauck; and Auxiliary Volunteer of the Year Mike Wold. The awards were presented at the Police Department’s annual banquet. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Estes Park Municipal Court Annual Report. Judge Brown provided the Committee with a summary of Municipal Court activity during 2011 related to number of cases and associated revenues. He noted that during the past year, cases related to zoning and code violations were added to the docket and brought forward by the code compliance officers. He reported the court documents have been translated into Spanish to accommodate defendants who speak limited English; and said that approximately 10% of the court’s cases are referred to the Restorative Justice program. UTILITIES. WATER CONSERVATION PLAN. Per a request from Dir. Bergsten, the Water Conservation Plan was removed from the agenda. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. GIS Consultant RFP. Dir. Bergsten reported that a Request for Proposal (RFP) has been prepared for a GIS consultant to assist the department staff with moving forward in addressing the growing needs of the utility department. The consultant scope of services include, but are not limited to: an assessment of current and future GIS needs; identification of opportunities to consolidate services with Larimer County; creation of interactive maps; enhancement of GIS data and data structures to support water system modeling and simulation, and electric distribution system modeling and simulation; creation of appropriate user guides and training manuals; Public Safety/Utilities/Public Works Committee – March 8, 2012 – Page 2 and training of both GIS and non-GIS staff. $80,000 is earmarked in the 2012 budget for this use. Dir. Bergsten said proposals will be brought before the Board at the March 27, 2012, Town Board meeting. Chair Blackhurst took issue with the categorization of monies earmarked for the consultant, noting that the funds are coming from an equipment line item. Finance McFarland said he would work with Dir. Bergsten to clarify the categorization of the expenditure. 2. Project Manager for Financial Software Implementation RFP. In early 2011, the Town Board approved moving forward with upgrading the Town’s financial system, thereby increasing productivity and work efficiency in many areas including payroll, budget preparation, and permit processing. Following a review of the project by Utilities Supt. Fraundorf, it was determined that a dedicated, experienced Project Manager is required to: lead the project; develop a detailed project plan; lead efforts to document current and proposed business processes; document and resolve data issues; lead change management activities; plan and direct system configuration; plan training exercises; and direct all other implementation tasks. Supt. Fraundorf said the Town staff cannot provide the exclusive focus necessary to move forward with this project, and estimated the cost of retaining a qualified project manager to be $45,000 to $85,000 in 2012. Dir. Bergsten proposed utilizing 10% of the 2012 funds budgeted for the Utilities GIS Project and data processing equipment within the Light and Power Division and Water Division budgets, with the remaining 80% of the unbudgeted expenditure coming from the IT Division’s fund balance. Supt. Fraundorf noted that, currently, no departments are operating with the Sungard system, and said that the cost would be astronomical to make a change at this time from Sungard to a different product. He stressed that commitment is important for the success of the project and said a kickoff meeting is scheduled for staff. The Committee requested bringing this topic forward at a Town Board Study Session in April and expressed concern about additional fees that may be incurred related to programming, the cost of a project manager continuing into 2013, and the impact to IT capital projects if IT monies are used as a source of funding for the consultant. They requested the Board be provided with complete information including contract obligations and asked that staff be prepared to answer questions related to the financial impact to IT capital projects. PUBLIC WORKS. STRUCTURAL ENGINEER FOR ELEVATOR UPGRADE. The Larimer County Election Office has been utilizing the upstairs meeting rooms in Town Hall as a polling location. Due to changes in election law related to accessibility, in particular the Help America Vote Act (HAVA), the state has been inspecting polling locations for accessibility for individuals with disabilities. The Town Hall location has been identified as a location that does not meet the minimum requirements of the act. Additional handicap parking stalls have already been added, but automatic door openers and upgrades to the elevator still need to be addressed to meet Americans with Disabilities Act (ADA) requirements. Grant funding through the state’s Election Assistance for Individuals with Disabilities is available to aid in bringing the building into compliance. Staff has been asked by the county and the state to obtain a quote for the installation of automatic door openers, which will be fully reimbursable, and upgrades to the elevator may also qualify for grant funds. Staff has reviewed the current elevator location and determined the services of a structural engineer are required to decide if the elevator shaft can be expanded without compromising the integrity of the building. Clerk Williamson said that the county may need to research alternate polling locations if the building is not brought into compliance. Staff estimates the cost of hiring an engineer to be $3000 to $5000, and proposes using building account #101-1700-417- 25-02 for this unbudgeted expenditure for 2012. Additional costs would be incurred if upgrades to the elevator move forward and would become part of the budgeting process for 2013. The Committee recommends moving forward with hiring a structural engineer for the purpose of evaluating the current elevator. Public Safety/Utilities/Public Works Committee – March 8, 2012 – Page 3 REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Virginia Rehabilitation and Steamer Drive Design Update. Eng. Ash and Rick Pickard from the Farnsworth Group provided the Committee with an update on the project noting that the design has been completed and that the project is currently being advertised for bid; a bid opening is scheduled for March 19, 2012; timelines for the project can more accurately be addressed once a contractor has been selected; the downtown portions of the project are expected to be completed by Memorial Day weekend, weather permitting; and pedestrian access to businesses will be maintained throughout the project. Mr. Pickard presented photographs illustrating the designed improvements. There being no further business, Chair Blackhurst adjourned the meeting at 9:45 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission February 21, 2012 - 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Doug Klink, Commissioners Ron Norris, Alan Fraundorf, John Tucker, Betty Hull, Rex Poggenpohl, Joe Wise Attending: Chair Klink, Commissioners Norris, Fraundorf, Tucker, Hull, Poggenpohl, and Wise Also Attending: Director Chilcott, Town Board Liaison Elrod, Town Attorney White, and Recording Secretary Thompson Absent: None 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. Chair Klink stated this was Commissioner Fraundorf’s last meeting and expressed his appreciation for his service. There were nine people in attendance. Public Works Director Scott Zurn’s report has been postponed until a later date. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA A. Approval of minutes, January 17, 2012 Planning Commission Meeting. B. Amended Condominium Map, Riverspointe Downtown Condominiums, Unit 2B, 111 Wiest Drive. Request to divide Unit 2B into three units as originally condominiumized. It was moved and seconded (Fraundorf/Hull) to approve the consent agenda as presented, and the motion passed unanimously. 3. AMENDED PLAT, LOTS 15 & 16 AND VACATED STREET ADJACENT TO SAID LOTS, GRAND ESTATES ADDITION Director Chilcott reviewed the staff report. The applicants, Wallace and Laurine Burke, have requested to adjust the property line between Lots 15 and 16. Both lots are zoned A–Accommodations. The request would make Lot 16 (highway frontage) larger and Lot 15 (side street frontage) smaller. Lot 15 fronts Lake Front Street, and is developed with a single-family dwelling with an access agreement to access through the Best Western property. The purpose of this amended plat is to transfer density from Lot 15 to Lot 16 to allow for a small addition to the motel. Staff recommends adding a plat note indicating the purpose. The building addition is subject to a staff-level development plan review (DP 2011-01), currently under review, with a decision date no later than March 6, 2012. The development proposal is to renovate four existing units and add eight new units in the northeast portion of the main building. The development will also include a lower level meeting space. The development plan complies with the Estes Valley Development Code (EVDC). While somewhat irregular, the shapes of the lots comply with dimension and configuration standards in Section 10.4 of the EVDC. The request was submitted to all applicable reviewing agency staff. Town Attorney White had three comments, which were addressed and corrected prior to final review by the Planning Commission. Colorado Department of Transportation reviewed and agreed with the Traffic Impact Analysis. The development does not require highway improvements. Public Works commented on drainage easements between the two lots, and due to lack of a drainage report, requested a discussion about site run-off with the engineer. The proposed addition will add less than 1% to the existing impermeable area. RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 February 21, 2012 Staff found the amended plat would not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Staff recommended approval with conditions. PUBLIC COMMENT Amy Plummer/applicant representative stated the applicants were willing to comply with the conditions of approval. Staff requested the area being transferred from Lot 15 to Lot 16 be noted on the plat as non-buildable. Because this area contains an existing building, Ms. Plummer asked for clarification concerning the plat note. Another plat note will indicate no commercial access from Lake Front Street except for utility maintenance. Ms. Plummer stated a memo about the drainage has been provided to Public Works Engineer Kevin Ash as requested. She stated Mr. Ash agreed the drainage area was adequate. Director Chilcott clarified the plat note about a portion of Lot 16 being non-buildable was due to the unusual configuration of the lot and the desire to the keep the main development on the largest portion of the lot and away from the residential area. Commissioner Hull complimented the Burke’s on the curb appeal of the motel. Public comment closed. STAFF AND COMMISSION DISCUSSION Commissioner Poggenpohl stated he had a philosophical issue with moving lot lines to make densities work. He understood the development code did not have a way to deal with that issue. Director Chilcott stated the existing parking area would be adequate with the addition of the new units. She assured the Commission the applicants would be required to comply with the EVDC, e.g. landscaping, etc. It was moved and seconded (Norris/Poggenpohl) to recommend approval to the Estes Park Town Board for the proposed amended plat with the findings and conditions recommended by staff and the motion passed unanimously. CONDITIONS 1. Prior to submittal of plat mylars, a revised drainage memorandum shall be approved by the Public Works Department. This memo must account for off-site flow and ensure the proposed drainage easements on Lot 15A are sized correctly. 2. The plat shall be amended as follows: a. The area transferred from Lot 15 to Lot 16 shall be designated as non- buildable. b. Include a note stating the purpose of this plat is to transfer density from Lot 15 to Lot 16 to allow for a small addition to the motel. c. Include a note stating Lot 16A shall not be allowed to have commercial traffic access from Lake Front Street. d. Address any necessary changes to the drainage easements, as may be needed following approval of the stormwater report. 4. ESTES PARK HOUSING AUTHORITY PRESENTATION Rita Kurelja, Housing Authority Director, stated the presentation was the result of a strategic planning session held in 2010. The overwhelming consensus was one of education; the community at large as well as leaders need to know how vital affordable housing is to the community. She reviewed the reasons affordable housing is needed and how affordable housing affects families, the local economy, and the community as a whole. She presented several statistics for the Estes Valley, including but not limited to income, wages, housing costs, etc. Ms. Kurelja reviewed the effects on the community from high housing costs in the Estes Valley, and encouraged wage-appropriate housing. Ms. Kurelja stated there are many benefits to the community when affordable housing is provided, including but not limited to increases in the following areas: sales tax revenue, RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 February 21, 2012 school enrollment, job availability, etc. She stated there are no substantial statistics showing negative impacts on property values in areas with affordable housing. Ms. Kurelja offered several solutions and options to make affordable housing a reality: density bonuses, fee waivers, accessory dwelling unit rentals, community land trusts, sales tax increment financing, inclusionary zoning, etc. She reiterated that high land cost is one of the main issues facing affordable housing In the Estes Valley. Another obstacle is the seasonality of the tourist industry. Ms. Kurelja reviewed current projects and programs, stating all affordable units at Vista Ridge have been sold. She estimated the Housing Authority has a vacancy rate of about three percent. Discussion occurred between the Planning Commissioners and Ms. Kurelja. Comments or questions included: governmental versus private affordable housing developments, incentives to property owners to provide affordable housing, rentals of accessory dwelling units for seasonal employees, educating the community, flexibility for developers offering affordable housing, fee waivers, etc. 5. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE CONCERNING ACCESSORY DWELLING UNITS (ADU). Director Chilcott reviewed the recommendations recently obtained from the Town Board Study Session. Those recommendations will be considered when drafting proposed code language. There were some areas of consensus among Town Trustees and Planning Commissioners, and other areas where no consensus was reached. Chair Klink stated in general, the meeting was excellent with a lot of information provided. Rentals remain an area of contention between the Board and the Commission. Director Chilcott reviewed the history of Planning Commission recommendations to Town Board. Currently, ADUs are allowed on approximately 30% of all lots in the Estes Valley. Over the past year, the Planning Commission has been working on additional recommendations, including limiting the size of an ADU. There was Commission consensus to remove a portion of the statement “1000 square feet or….whichever is less”, leaving the Planning Commission recommendation to read “49% of the principal dwelling size.” The Commission agreed to remove the note on the long-term rental recommendation concerning live-in caregivers, stating the inability to determine who is and who is not a renter. Staff and the Commissioners engaged in a lengthy discussion about long-term rentals. Director Chilcott stated that detached ADUs are not currently allowed in the EVDC. The EVDC states only one single-family dwelling can be built per lot, regardless of the lot size. The Planning Commission recommended allowing detached ADUs on lots two acres or larger, but requested information as to how many lots were in the Estes Valley, sorted by lot size. More discussion will be necessary to consider size restrictions of detached units, location of detached units in relation to the lot, possible review process, etc. PUBLIC COMMENT Tom Gootz/town resident suggesting sending a questionnaire to citizens concerning the rentals of ADUs. He stated ADUs and affordable housing are directly related, and the citizens of the Estes Valley should have the opportunity to be educated about any proposed code changes prior to an ordinance being passed by Town Board. He stated Estes Park has interesting dynamics, and any research should be specific to Estes Park. He shared his concern about allowing rentals of ADUs, enforcement of those rentals, and wanted to make sure the code amendment process for ADUs was transparent. Matthew Heiser/town resident and member of the Housing Authority board stated ADUs are a vital part of the Estes Valley. He lived in accessory dwelling units, both attached and detached, which allowed him to live here year round. He reminded the Commission that with or without ADUs, only eight unrelated people can live on a property. Under the RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 February 21, 2012 current code, two families of four could live in one house. The only big difference between a single-family dwelling and an ADU is a kitchen. Public comment closed. STAFF AND COMMISSION DISCUSSION Commissioner Norris requested specifics on how many lots could accommodate detached units, using both one- and two-acre minimum lot sizes. Director Chilcott stated in addition to that information she could also include possible impacts on utilities and infrastructure. There was more discussion about minimum lot size. Chair Klink stated the code language would be more understandable if the minimum lot size was directly related to a zoning district. Director Chilcott stated staff would not be comfortable allowing detached units on lots one acre or less. There was more discussion about the allowance of long-term rentals and the unintended consequences that could come into play. Director Chilcott stated she could provide different options in the draft code language; those options the Planning Commission recommends, and other options the Town Board could consider if they disagree with the Commission’s recommendations. The Town Board and County Commissioners are the decision-making bodies. Chair Klink directed staff to draft code language for the next meeting. Director Chilcott stated she would publish a news release and a legal notice about ADUs prior to the next meeting. After a straw poll on long-term rentals, Director Chilcott was directed to not include long-term rentals in the draft language, and to provide statistics to determine whether or not a two acre minimum lot size for detached units would be recommended. It was also suggested to refer to the existing accessory structure guidelines in the draft. 6. REPORTS a. Director Chilcott reported no pre-application meeting in the past month. However, she thinks the department will see some development plans in 2012. b. Director Chilcott reports the Town Board approved The Meadows Condominiums Supplemental Condominium Map #1. The Town Board also discussed ADUs in their last study session. c. Director Chilcott reported the Board of County Commissioners is reviewing a Right-of- Way vacation for Range View Road today. d. Director Chilcott reported staff is reviewing a staff-level development plan for the Best Western/Silver Saddle motel to add eight additional units. e. Director Chilcott reported the 2012 Work Plan will be posted on the Town website. f. Director Chilcott reported that Commissioner Fraundorf has accepted a position with the Town, and will step down as a Planning Commissioner representing the Town. She thanked him for his service, dedication, and volunteer hours. Commissioner Hull added he was an excellent Planning Commissioner and will be missed. Director Chilcott encouraged the current Planning Commissioners to recruit other possible applicants to replace Commissioner Fraundorf. g. Commissioner Poggenpohl reported attending the Community Development/Community Services Committee meeting where Director Chilcott presented the Community Development Department’s annual report. He was impressed and suggested the other Commissioners members review the report. (The report was included in the meeting materials.) There being no further business, Chair Klink adjourned the meeting at 3:30 p.m. ___________________________________ Doug Klink, Chair ___________________________________ Karen Thompson, Recording Secretary Page 1 TOWN CLERK Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Jackie Williamson, Town Clerk Date: March 27, 2012 RE: New Tavern Liquor License Application The Hillside Burger, Inc., dba The Hillside Burger, 205 Virginia Drive. Background: An application for a new Tavern Liquor license was filed with the Town Clerk’s office on February 17, 2012, by The Hillside Burger, Inc. This application was sent to the Liquor Division for a concurrent review in order to have the license approved by the state at the same time as the Town. This will enable the new restaurant to begin the sale alcohol as soon as possible. All necessary paperwork and fees were submitted. Please see the attached hearing procedure for more information. The Police report contains a personal matter that is unrelated to the new liquor license establishment. Budget: None. Staff Recommendation: None. Sample Motion: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of THE HILLSIDE BURGER, INC., dba The Hillside Burger for a New Tavern Liquor License located at 205 Virginia Drive. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: The application was filed February 17, 2012. At a meeting of the Board of Trustees on February 28, 2012, the public hearing was set for 7:00 p.m. on Tuesday, March 27, 2012. The neighborhood boundaries for the purpose of this application and hearing were established to be 2.9 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Corporation. The property is zoned CD which allows this type of business as a permitted use. The notice of hearing was published on March 16, 2012 . The premises was posted on March 14, 2012 . 2 There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled ____ Scheduled X Completed (Date: 03/09/12) There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Director Chilcott Date: March 27, 2012 RE: Estes Valley Development Code: Amending the Estes Valley Development Code as it relates to Accessory Dwelling Units. Background: On March 22, 2012, the Estes Valley Planning Commission voted to forward the attached accessory dwelling code amendments to the Estes Park Town Board of Trustees and the Larimer County Board of County Commissions for consideration. The Commission’s recommendations are based on public comments and discussion in numerous public hearings over the past five years. In 2008, Planning Commission started drafting accessory dwelling unit code amendments. In 2009, Town Board reviewed the draft and remanded it to Planning Commission. In 2010 second kitchen regulations were adopted. In 2011 Planning Commission resumed the task of drafting code language after receiving additional requests for more flexible ADU regulations. In September 2011, Planning Commission forwarded general recommendations, along with a problem statement to the Town Board and County Commission for policy guidance and feedback. At the January 24, 2012 Town Board study session, Town Board had the opportunity to discuss the general recommendations and hear directly from Commissioners about the rationale behind the recommendations. Key Discussion   Points/Issues Current Code Estes Valley Planning Commission  Recommendation  Allow attached Accessory Dwelling  Units (ADUs)? Yes Yes  Allow detached ADUs? No Yes  Reduce or eliminate minimum lot  size for attached ADUs?  1.33 times zone district  minimum lot size  No minimum lot size for attached accessory dwelling  units    1 acre minimum lot size for detached accessory  dwelling units  Limit the size   of an ADU  800 square feet or 33% of  total principal dwelling size,  whichever is less  49% of the principal dwelling size  Require EVPC review of all new  ADUs? No No  Require architectural controls? No No  Require Land Use Affidavit? No Yes  Allow short‐term rentals? No No  Allow long‐term rentals? No Yes   One household can rent the property  Allow more flexibility to expand  existing grandfathered ADUs?  Normal repair and  maintenance  Revise code so many non‐conforming ADUs become  conforming.  Code language approved in 2011 to allow for  modernization of the interior of non‐conforming  ADUs.  Revisit after code language is drafted to see if  adequately addressed.  Clarify what constitutes an  accessory dwelling unit?  5.2.B.2.a 13.3.3 13.3.95 13.3.130 13.3.130.1 Rely on Accessory Dwelling Unit definition, which  states an ADU may contain cooking and food  storage facilities  Remove the reference to electrical or gas hook‐up  in the kitchen definition.  Remove accessory kitchen regulations and definition  Please refer to the website for background information, including problem statements, public comment, and prior versions of draft code language. If Planning Commission votes to approve draft code language, this will be forwarded to Town Board and County Commission for review. Please find attached historical information regarding ADU actions. Budget: N/A Planning Commission Recommendation: Sample Motion: N/A. This is a report only. Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 1 of 4 ORDINANCE TBD-12 EXHIBIT A CHAPTER 13 DEFINITIONS §13.3.3 Accessory Dwelling Unit, shall mean a second dwelling unit integrated with a single-family detached dwelling that provides complete independent living facilities, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single-family detached dwelling. "Accessory Dwelling Unit" does not include mobile homes, recreational vehicles or travel trailers. §13.3.130 Kitchen shall mean a room or space within a room equipped with such electrical or gas hook-up that would enable the installation of a range, oven or like appliance using 220/40 volts or natural gas (or similar fuels) for the preparation of food, and also containing either or both a refrigerator and sink. Kitchen shall mean a room or space within a room designed for or conducive to the preparation or cooking of food. 13.3.130.1 Kitchen, Accessory shall mean a kitchen other than the principal kitchen associated with a sing-family dwelling. SECTION 5.2 ACCESSORY USES AND STRUCTURES Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Accessory Use Residential Zoning District "Yes" = Permitted "No" = Not Permitted " CUP" = Conditional Use Permit Additional Requirements RE-1 RE E-1 E R R-1 R-2 RM Accessory Dwelling Unit Yes Yes Yes Yes Yes No No No §5.2.B.2.a subject to minimum lot size for detached ADUs1.33 times minimum lot area required Accessory kitchen Yes Yes Yes Yes Yes Yes Yes No §5.2.B.2.f (Ord. 03-10 §1) 2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. a. Accessory Dwelling Units. Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 2 of 4 (1) Where Permitted. Accessory dwellings shall consist of living quarters integrated within the principal single-family detached dwelling on the lot. Mobile homes, recreational vehicles and travel trailers shall not be used as accessory dwelling units. Accessory dwelling units are a permitted accessory use on single-family zoned lots as specified in Table 5-1. (2) Size of Accessory Unit. No accessory dwellings shall exceed thirty-three percent (33%) forty-nine percent (49%) of the size of the habitable floor area of the principal dwelling, for example 2,000 square foot principle dwelling, may have a 980 square foot accessory dwelling unit. unit or eight hundred (800) square feet, whichever is less. An accessory dwelling unit may contain private sanitary facilities with hot and cold running water and cooking and food storage facilities. (3) Limit on Tenancy.. Accessory dwelling units shall not be used as rental units. (a) Short-Term Rental. Neither the principal dwelling unit nor accessory dwelling unit may be rented short-term. (b) Long-Term Rental. Both the principal dwelling unit and the accessory dwelling unit may be rented together long-term (terms of 30 days or more) to one household. (c) Short-Term or Long-Term Occupancy by non-paying guests. Both the principal dwelling unit and accessory dwelling unit may be occupied short-term or long-term by non-paying guests. (4) Density Calculations. Accessory dwelling units shall not count toward any applicable maximum residential density requirement. (5) Limit on Number. There shall not be more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling. (6) Maximum Occupancy. The combined total number of individuals that reside in the principal and accessory dwelling units shall not exceed the number that is allowed for a single household. See definition of "Household Living" in §13.2.C.28 below. (7) Off-Street Parking. At least one (1) off-street parking space shall be provided for each bedroom located in for an accessory dwelling unit. (8) Home Occupations. Home occupations shall be prohibited on the site of an accessory dwelling unit. (7) Lot Area. Lot area must be one and thirty-three one-hundredths (1.33) times the minimum lot area of the district. Detached accessory dwelling units shall be permitted on lots containing one (1) acre or more. Attached accessory dwelling units are not subject to a minimum lot size. Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 3 of 4 (8) Site Disturbance Standards. Site design shall demonstrate compliance with Section 7.2 Grading and Site Disturbance Standards. (9) Land Use Affidavit. Accessory dwelling units developed pursuant to this section shall be subject to a recorded land use affidavit stating the terms of use and occupancy in accordance with the requirements in this section. The affidavit shall be approved by the Town or County Attorney. (10) Other Regulations. (a) A permitted accessory dwelling unit shall comply with all other applicable site and building design, height, access and other standards for principal dwelling units in the zoning district in which the accessory dwelling will be located. (b) In the case of any conflict between the accessory dwelling unit standards of this Section and any other requirement of this Code, the standards of this Section shall control (f) Accessory kitchen. (1) Approval of a kitchen accessory to a single-family dwelling shall not constitute approval of a second dwelling unit or accessory dwelling unit. (2) The dwelling shall not be occupied by more than one (1) family unit, as defined in Section 13.2.C.28 "Household Living." (3) The dwelling shall have only one (1) address. (4) Interior access shall be maintained to all parts of the dwelling to ensure that an accessory dwelling unit or apartment is not created. (5) Land Use Affidavit (a) Accessory kitchens located in a portion of the dwelling that also includes sanitary facilities shall require a Land Use Affidavit prepared by the Community Development Department. (b) The Community Development Department shall record this Land Use Affidavit, at the applicant's expense, D. General Dimensional and Operational Requirements 5. Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory Buildings, Accessory Structures and/or Principal Buildings for Residential Uses. Maximum cumulative gross floor area for all accessory uses, (excluding accessory kitchens accessory dwelling units; and, accessory nightly rentals in accessory or principal structures) shall not exceed the largest computation of the following: One thousand two hundred (1,200) square feet of gross floor area; Ordinance TBD-12 Exhibit A March 27, 2012 Town Board Page 4 of 4 b. Fifty percent (50%) of the gross floor area of the principal building, excluding the attached garage floor area; c. For lots with a net land area greater than one-half (½) acre and less than or equal to one (1) acre: 500+[1,000(a)]*. d. For lots with a net land area greater than (1) acre: 1,400+[400(a)]*. Staff Notes: Refer to code for table with examples. The codifier will review and revise numbering as needed. 1 Alison Chilcott Subject:Town Board Letter Attachments:ADU_INPUT_SUMMARY.xlr From: jbhull@aol.com [mailto:jbhull@aol.com ] Sent: Thursday, March 22, 2012 5:15 PM To: Karen Thompson Subject: Town Board Letter TO: Town Board of Trustees RE: Accessory Dwelling Units March 22, 2012 Esteemed Lady & Gentlemen, I wanted this material to be included in your study packets for your perusal when you considered Planning Commission’s recommendation concerning amended Development Code Language on Accessory Dwelling Units. Since we Planning Commissioners have steadily heard and read testimony on this subject since October, 2006, I felt it would be helpful for my colleagues on both the Planning Commission as well as you, the Town Board of Trustees, to have an easy-to read compilation of every single bit of public input, both verbal and by letter or e-mail, that exists on this. I think it well illustrates both the time and the thoroughness we have given to this issue. I have attached this compilation for you. My fellow Planning Commissioners found it to be quite helpful in our considerations; I hope you will also. Sincerely, Betty Hull Estes Valley Planning Commission ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME NAME: DATE: SUMMARY OF REMARKS: Alan Miller Letter 12/10/2008 Opposed to use-by-right & changing single family neighborhoods; against rentals but concerned about enforcement De-facto re-zoning is wrong-- residents have the right to expect the integrity of their zoning district to be upheld unless there is appropriate rezoning with public hearings that justify such a change. Allowing ADUs should be site specific with neighborhood input Alan & Suzanne Miller Letter 3/20/2012 Against ADUs as a use by right; Honor single-family neighborhoods; against rentals ADU approval should be site specific Suzanne Miller Letter 3/20/2012 Opposes expanting present ADU code language Betty Nickel Verbal 10/17/2006 Her Clients want Guest Quarters, Not rentals Verbal 9/16/2008 Her group wants Guest Units, Party Kitchens & Caretaker Units + no architectural requirements or Planning Commission review for detached + Clarification on square footage Verbal 12/18/2008 Requests clarification of code language for kitchens Verbal 9/20/2011 Her clients want ADUs for Guest Quarters & caretaker housing Verbal 3/22/2012 Supports ADUs for family usage; no rentals Steve Nickel Verbal 12/18/2008 Would like to clarify definition of "cooking facility" Letter 12/15/2008 ADUs should be architecturally compatible with principal dwelling unit; supports cooking facilities in ADUs Letter 9/2/2011 Points out 1810 Windham Lane request is not an ADU by current definition Steve & Betty Nickel Letter 2/10/2009 Wants rentals for employee & affordable housing Don Goldy Verbal 3/20/2007 Questioned Number of Cars at a House with an ADU Paul Brown Verbal 7/15/2008 Wants attached & detached ADUs guests on all Properties throughout the Valley like Larimer County. Verbal 9/16/2008 Wants detached ADUs on All Lots Throught the Valley, regardless of Size Verbal 11/18/2008 Supports detached ADUs on all lots with the size of ADU related to size of lot Verbal 12/18/2008 Allow detached ADU's based on lot size Letter 2/11/2009 Supports ADUS for family uses and rentals for employee housing; it would reduce infrastructure cost Letter 12/16/2008 Submitted outdated Estes PArk zoning information & sketches Letter 9/16/2008 Supports ADUs in all neighborhoods regardless of lot size & use by right; opposes covenant requirements, parking restrictions, architectural & landscape regulations; against owner occupancy Bob McCreery Verbal 9/16/2008 Requested Rental be Prohibited + questions architectural requirements for large lots Wayne Park Verbal 9/16/2008 Concerned about Architectural Requirements Riita Kurelja Verbal 9/16/2008 ADUs would provide a tool to disperse Affordable Housing throughout the Community Verbal 12/18/2008 Wants ADUs to be rented Verbal 2/17/2009 Wants rentals of ADUs Letter 3/16/2012 Wants ADUs integrated & rentals as a partial solution for affordable housing Letter 4/24/2009 Wants ADUs as rentals + presented a favorable case study from HUD Letter 2/12/2009 Wants ADUs as rentals Verbal 3/22/2012 Supports ADU as a possible solution for affordable & employee housing; cited HUD & Colo Housing studies Cheri Pettijohn Verbal 9/16/2008 Architectural Standards are too restrictive + ADUs are needed for caregivers or at-home care-receivers-- no rentals Verbal 12/18/2008 Wants the ADU question solved quickly Verbal 2/17/2009 Wants to see bunkhouses allowed soon Ron Norris (Pre-PC) Verbal 11/18/2008 Approves Planning Commission Review of ADUs; Wants public input on lot sizes, sq footage, etc. Verbal 12/18/2008 Wants rights of existing property owners to be protected; does not want ADUs to be rented + wants case- by-case review with public input + detached on large lots only Letter 12/9/2008 Concerns: increased density, defacto rezoning. Stay consistent with character of neighborhoods no rentals Supports Plannning Commission review with public input in a case-by-case situation Believes code enforcement is inadequate; Allow detached ADUs on larger lots- limit size to 1000 square feet or less Letter 11/14/2008 Discussed ADUs with several HOAs & citizens throughout Valley who were concerned about adverse unintended consequences Tom Ewing Verbal 11/18/2008 Concerned About enforcement if Rentals are Allowed + use lot size rather than zoning district Letter 12/5/2008 Opposed to increased density in single family neighborhoods; ADUs would be a betrayal to homeowners in in single-family neighborhoods and present zoning Ray Duggins Verbal 11/18/2008 Wants to be able to expand or improve existing detached units Verbal 12/18/2008 Wants the ADU language to be amended as soon as possible Steve Lane Verbal 11/18/2008 He Sees a demand for detached ADUs for Caregivers; Suppports long-term rentals + doesn't like Architectural Control Thomas Beck Verbal 11/18/2008 Supports ADUs for rentals and long-term at-home care Joe Coop Verbal 12/18/2008 Believes ADUs and Guest Quarters are 2 different issues; guest quarter review could be by staff & ADU review could be by Planning Commission Verbal 2/17/2009 Said Most ADU requests are for Guest or Caretaker Quarters Letter 2/17/2009 Wants a citizen's committe to refine ADU code language ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME Mark Elrod (Pre TB) Verbal 12/18/2008 Allow rentals for family members & not for non-family Kevin Schwery Verbal 12/18/2008 Wants to allow detached ADUs on large lots + wants his employees to live in his ADU Matthew Heiser Verbal 12/18/2008 Supports rental of ADUs + believes architectural design should be left to designer Verbal 2/21/2012 ADU's are a vital part of the Valley Sheila Brennan Verbal 2/17/2009 Allow ADUs only on undeveloped lots Carroll Mock Verbal 2/17/2009 Do not change zoning to allow ADUs + rentals should not be allowed Rick Steins Verbal 2/17/2009 Believes ADUs would decrease property values-- no rentals David Myers Verbal 2/17/2009 Does not want zoning changed-- opposed to rentals Robert Ernst Verbal 2/17/2009 Does not want rentals, but questions enforcement issues; supports owner occupancy Verbal 3/22/2012 Quesions need to update ADU code language; Honor single family neighborhood zoning Letter 3/22/2012 HAs enforcement concerns about rentals Rick Warren Verbal 2/17/2009 Does not want ADU rentals Jay Heineman Verbal 2/17/2009 Is against ADUs changing the neighborhood Verbal 3/17/2009 If there are rentals, there will be unintended consequences + the demand doesn't merit a code change Letter 3/2/2009 Against rentals; supports affordable housing, but it shouldn't be ADUs Verbal 3/22/2012 ADUs are not an affordable housing answer; keep single family neighborhoods as such-- no rentals Joe Hladick Verbal 2/17/2009 Wants a Citizen's committee to refine code language in a round table approach Eric Waples Verbal 2/17/2009 Wants ADU applications to be reviewed by Planning Commission Letter 2/12/2009 Advocates a thorough scientific survey of property owners & HOAs on allowing ADUs before a final decision is made-- cautions about unintended consequences Joanna Darden Verbal 2/17/2009 Against detached ADUs + questions enforcibility if rentals are allowed Verbal 3/17/2009 Wants ADU size limits to be less than 1000 sqare feet Verbal 9/20/2011 Concerned about rentals and ability to enforce + doesn't want ADUs to be improved by additional stories Dave Schultz Verbal 2/17/2009 Allow only detached ADUs + only allow rentals on a yearly basis Arleta Bell Verbal 2/17/2009 Asked for clarification of ADUs Bob Rising Verbal 2/17/2009 Wanted to know how ADUs would affect HOA Covenants Verbal 3/22/2012 Opposes ADU use by right; opposes rentals; presented plan to he4lp solve seasonal employee problem Mike Richardson Verbal 2/17/2009 Stated that HOAs can make their own rules about ADUs Letter 3/13/2012 Supports the building, using & maintaining of ADUs; wants rentals Dave Albee Verbal 3/17/2009 Wants Clarification of ADUs in R-1, R-2 & RM zoning districts Letter 2/3/2009 Concerned about increased density in single-family neighborhoods; against rentals & use-by-right; Supports Planning Commission review Darrell & Laurie Franklin Letter 6/21/2011 Wants ADUs for family use and not rentals Letter 8/24/2011 Explained their application for 1731 High Drive-- would not alter footprint Philip Nicholson Letter 4/15/2009 Wants ADUs for family use; no rentals Dave Caddell Letter 3/11/2009 ADUs aren't ecomomically feasible; wants size limited to 700-800 square feet; for family use only Mike Menard Letter 3/10/2009 Submitted a partial list of detached ADUs throughout Valley;supports detached ADUS on small lots if designed right; Wants ADUS as an affordable housing solution Letter 2/13/2009 ADUs are historically established, but recently under-regulated; wants property owners to be able to modify existing ADUs; supports rentals; wants ADUs throughout Valley as a use by right Sandy Lindquist Letter 2/10/2009 Keep Single-family residential neighborhoods as they are; supports affordable housing but not with zoning changes Letter 3/3/2009 Supports owner occupancy; no rentals Letter 10/20/2008 Wants to keep single family residential zoning; opposes rentals Verbal 3/22/2012 Against changing character of siungle family neighborhoods; against rentals Betty Hull Letter 2/23/2009 Wants ADUs limited to attached + Planning Commission review-- no rentals Milt Garrett Letter 2/17/2009 Wants ADUs as an option for seasonal employee housing Rex Pogggenpol (Pre-PC) Letter 3/6/2009 Allow only attached ADUs ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME Bob Trump Letter 3/4/2009 Cites AARP study on ADUs; Supports owner occupancy & not rentals Elaine Downing Letter 1/27/2009 Supports present zoning requirements and Plannning Commission review of ADUs with public input; Opposes rentals; concerned about increased density, noise, traffic & parking Fred Mares Letter 12/16/2008 Questions the need for a code change at all-- wonders about unintended consequences Letter 3/22/2012 Questions need to change present ADU code language Don Sellers Letter 12/17/2008 Against rentals of ADUs Letter 3/22/2012 Against Changing present ADU code language Verbal 3/22/2012 Read aove letter Tom Gootz Verbal 2/21/2012 Wants questionnaire sent to citizens asking about rentals; ADU's & affordable housing are directly related; concerned about rentals & enforcement issues Verbal 3/22/2012 Questions the present definition of short-term rentals, also their enforcement Kurt Johnson Letter 3/20/2012 Wants to broaden the availability of ADUs Judy Nystrom Letter 3/19/2012 Supports long-term rentals, not short-term; owners need to register ADUs with Town & get a license To help owner's costs for ADUs reduce fees, etc. Develop a standard lease agreement for ADUs Rainer Shelp Letter 3/19/2012 Agrees with Judy Nystrom Bill Kehl Letter 3/19/2012 Against ADU's in single family zoning; against rentals Judy Anderson Verbal 3/22/2012 Supports long-term rentals Sherry White Verbal 3/22/2012 Do Not change present ADU code language; keep single family n eighborhhods as such; against rentals Louise Olson Verbal 3/22/2012 Supports rentals of ADUs as both affordable & seasonal employee housing Letter 3/22/2012 said young people who were working couldln't attend an afternoon meeting Debra Kelly Letter 3/21/2012 Supports ADUs for both family use & affordable housing rentals Verbal 3/22/2012 Supports ADUs for both family use & affordable housing rentals Fred Barber Verbal 3/22/2012 Believes development code overreaches; supports not increasing density in single family zoning; against rentals Bill Cook Verbal 3/22/2012 Against changing development code language for ADUs David Born Verbal 3/22/2012 Questions enforcement of rental ADUs; against rentals Kay Norton Hoye Verbal 3/22/2012 Supports adhering to present zoning regulations, therefore no rentals Cindy Youngland-Liddle Verbal 3/22/2012 Questions regulating & enforcing taxes for short term rentals; aqginst short term rentals Nancy Amend Letter 3/21/2012 Supports rental ADUs Don Kjorland Letter 3/21/2012 Opposes rentals as they would lower property values CG Fleischer Letter 3/18/2012 Keep Code Language as it is; afraid of circumventing zoning requirements; against rentals Indiv. Input Total: 63 Rental Tally YES-19 NO-33 Remainder made no preference known Community Development Memo To: Estes Valley Planning Commission From: Alison Chilcott, Community Development Director Date: March 22, 2012 RE: Amendment to the Estes Valley Development Code: Accessory Dwelling Units (ADUs) Background: Staff has drafted accessory dwelling code language to implement Planning Commission’s general recommendations below. Recommendations are based on public comments and discussion over the past five years. In 2008, Planning Commission started drafting accessory dwelling unit code amendments. In 2009, Town Board reviewed the draft and remanded it to Planning Commission. In 2010 second kitchen regulations were adopted. In 2011 Planning Commission resumed the task of drafting code language after receiving additional requests for more flexible ADU regulations. In September 2011, Planning Commission forwarded general recommendations, along with a problem statement to the Town Board and County Commission for policy guidance and feedback. At the January 24, 2012 Town Board study session, Town Board had the opportunity to discuss the general recommendations and hear directly from Commissioners about the rationale behind the recommendations. Discussion points where general consensus was reached are highlighted below. For areas where consensus has not been reached, staff has provided optional code language (Option A, B, …). Given the strong opinions held by Commissioners, Trustees and the public, consensus may not be reached on all discussion points. Key Discussion   Points/Issues Current Code 2011/2012 EVPC   General Recommendation  Allow attached Accessory  Dwelling Units (ADUs)? Yes Yes  Allow detached ADUs? No Yes  Reduce or eliminate minimum  lot size for attached ADUs?  1.33 times zone  district minimum lot  size  No minimum lot size for attached accessory dwelling  units    2 acre minimum lot size for detached accessory  dwelling units  Limit the size   of an ADU  800 square feet or  33% of total principal  dwelling size,  whichever is less  49% of the principal dwelling size, whichever is less  Require EVPC review of all  new ADUs? No No  Require architectural  controls? No No  Require Land Use Affidavit? No Yes  Allow short‐term rentals? No No  Allow long‐term rentals? No No  Allow more flexibility to  expand existing  grandfathered ADUs?  Normal repair and  maintenance  Revise code so many non‐conforming ADUs become  conforming.  Code language approved in 2011 to allow for  modernization of the interior of non‐conforming  ADUs.  Revisit after code language is drafted to see if  adequately addressed.  Clarify what constitutes an  accessory dwelling unit?  5.2.B.2.a 13.3.3 13.3.95 13.3.130 13.3.130.1 Rely on Accessory Dwelling Unit definition, which  states an ADU may contain cooking and food  storage facilities  Remove the reference to electrical or gas hook‐up  in the kitchen definition.  Remove accessory kitchen regulations and definition  Please refer to the website for background information, including problem statements, public comment, and prior versions of draft code language. If Planning Commission votes to approve draft code language, this will be forwarded to Town Board and County Commission for review. March 22, 2012 Planning Commission Page 1 of 5 EXHIBIT A ACCESSORY DWELLING UNITS DRAFT AMENDMENT TO ESTES VALLEY DEVELOPMENT CHAPTER 13 DEFINITIONS §13.3.3 Accessory Dwelling Unit, shall mean a second dwelling unit integrated with a single-family detached dwelling that provides complete independent living facilities, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single-family detached dwelling. "Accessory Dwelling Unit" does not include mobile homes, recreational vehicles or travel trailers. §13.3.130 Kitchen shall mean a room or space within a room equipped with such electrical or gas hook-up that would enable the installation of a range, oven or like appliance using 220/40 volts or natural gas (or similar fuels) for the preparation of food, and also containing either or both a refrigerator and sink. Kitchen shall mean a room or space within a room designed for or conducive to the preparation or cooking of food, by the inclusion of one or more of the following: a. Electrical or gas hook-up that would enable the installation of a range, oven or like appliance; b. Any device designed for cooking or heating of food; c. A kitchen sink; d. Refrigerator exceeding 10 cubic feet (or a place designed for it); e. Dishwasher (or space designed for it); f. Total counter space exceeding 10 square feet. 13.3.130.1 Kitchen, Accessory shall mean a kitchen other than the principal kitchen associated with a sing-family dwelling. SECTION 5.2 ACCESSORY USES AND STRUCTURES Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Accessory Use Residential Zoning District "Yes" = Permitted "No" = Not Permitted " CUP" = Conditional Use Permit Additional Requirements Comment [AC1]: Broadens definition to allow for attached and detached accessory dwelling units. Clarifies the components of an ADU. Prior definitions said an ADU may contain a kitchen, it didn’t say it must contain a kitchen. Comment [AC2]: Remove kitchen that focuses on voltage and range/oven. Add definition that focuses overall kitchen design. Comment [AC3]: Remove accessory kitchen regulations and definition added to EVDC in 2010. This allows for attached accessory dwelling units with a land use affidavit. March 22, 2012 Planning Commission Page 2 of 5 RE-1 RE E-1 E R R-1 R-2 RM Accessory Dwelling Unit Yes Yes Yes Yes Yes No No No §5.2.B.2.a 1.33 times minimum lot area required Accessory kitchen Yes Yes Yes Yes Yes Yes Yes No §5.2.B.2.f (Ord. 03-10 §1) 2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. a. Accessory Dwelling Units. (1) Where Permitted. Accessory dwellings shall consist of living quarters integrated within the principal single-family detached dwelling on the lot. Mobile homes, recreational vehicles and travel trailers shall not be used as accessory dwelling units. Accessory dwelling units are a permitted accessory use on single-family zoned lots as specified in Table 5-1. (2) Size of Accessory Unit. No accessory dwellings shall exceed thirty-three percent (33%) forty-nine percent (49%) of the size of the habitable floor area of the principal dwelling, for example 2,000 square foot principle dwelling, may have a 980 square foot accessory dwelling unit. unit or eight hundred (800) square feet, whichever is less. An accessory dwelling unit may contain private sanitary facilities with hot and cold running water and cooking and food storage facilities. Limit on Tenancy.. Accessory dwelling units shall not be used as rental units. (a) Short-Term Rental. Neither the principal dwelling unit nor accessory dwelling unit may be rented short-term. (b) Option A: Long-Term Rental. Neither the principal dwelling unit nor the accessory dwelling unity may be rented long-term. (b) Option B: Long-Term Rental. Either the principal dwelling unit or accessory dwelling unit may be rented long-term (terms of 30 days or more). Rental of both dwellings at the same time is not permitted. (b) Option C: Long-Term Rental. Both the principal dwelling unit and the accessory dwelling unit may be rented long-term (terms of 30 days or more). (c) Short-Term or Long-Term Occupancy by non-paying guests. Both the principal dwelling unit and accessory dwelling unit may be occupied short-term or long-term by non-paying guests. (3) Density Calculations. Accessory dwelling units shall not count toward any applicable maximum residential density requirement. Comment [AC4]: Remove this minimum lot size requirement. Comment [AC5]: Remove accessory kitchen regulations and definition added to EVDC in 2010. Comment [AC6]: Remove accessory dwelling unit definition from this section. See Chapter 13 for ADU definition. Comment [AC7]: Increases allowed ADU size. Comment [AC8]: Remove ADU definition from “Size” section. See Chapter 13 for ADU definition. Comment [AC9]: Current code does not address tenancy of the principal dwelling. Comment [AC10]: Staff has provided three options for consideration due to varying Planning Commissioner and Town Trustee opinions about whether or not to allow long-term rentals. Comment [AC11]: Allows for non-paying guests. March 22, 2012 Planning Commission Page 3 of 5 (4) Limit on Number. There shall not be more than one (1) accessory dwelling unit on a lot in addition to the principal single-family dwelling. (5) Maximum Occupancy. The combined total number of individuals that reside in the principal and accessory dwelling units shall not exceed the number that is allowed for a single household. See definition of "Household Living" in §13.2.C.28 below. (6) Off-Street Parking. At least one (1) off-street parking space shall be provided for each bedroom located in an accessory dwelling unit. (7) Home Occupations. Home occupations shall be prohibited on the site of an accessory dwelling unit. (8) Lot Area. Lot area must be one and thirty-three one-hundredths (1.33) times the minimum lot area of the district. Detached accessory dwelling units shall be permitted on lots containing two (2) acres or more. Attached accessory dwelling units are not subject to a minimum lot size. (9) Land Use Affidavit. Accessory dwelling units developed pursuant to this section shall be subject to a recorded land use affidavit stating the terms of use and occupancy in accordance with the requirements in this section. The affidavit shall be approved by the Town or County Attorney. (10) Conditional Use Permit. Option A: No conditional use permit required. Option B: A Conditional Use Permit shall be required for all new detached accessory dwelling units. (a) Standards for Review. All applications for conditional use permits shall demonstrate compliance with all applicable criteria and standards set forth below: (1) To the maximum extent feasible, the general character and appearance of the single-family residential neighborhood shall be retained. a. One driveway shall be used to access both the principal and accessory dwelling unit. Comment [AC12]: Staff believes it is critical the land use affidavit address this. Property owners are unlikely to be aware of this regulation. Comment [AC13]: The minimum lot size will be discussed further. Staff will provide a lot size analysis, e.g. number of lots in the Estes Valley over 2 acres. Comment [AC14]: Removes requirement for a minimum lot size, e.g. 1.33 acres in E-1 Estate and 13.33 acres in RE-1 Rural Estate zone district. Adds minimum lot size for detached accessory dwelling units. Comment [AC15]: Notifies future property owners of what they can and cannot do the property. March 22, 2012 Planning Commission Page 4 of 5 b. Site design shall demonstrate compliance with Section 7.2 Grading and Site Disturbance Standards. (11) Other Regulations. (a) A permitted accessory dwelling unit shall comply with all other applicable site and building design, height, access and other standards for principal dwelling units in the zoning district in which the accessory dwelling will be located. (b) In the case of any conflict between the accessory dwelling unit standards of this Section and any other requirement of this Code, the standards of this Section shall control (f) Accessory kitchen. (1) Approval of a kitchen accessory to a single-family dwelling shall not constitute approval of a second dwelling unit or accessory dwelling unit. (2) The dwelling shall not be occupied by more than one (1) family unit, as defined in Section 13.2.C.28 "Household Living." (3) The dwelling shall have only one (1) address. (4) Interior access shall be maintained to all parts of the dwelling to ensure that an accessory dwelling unit or apartment is not created. (5) Land Use Affidavit (a) Accessory kitchens located in a portion of the dwelling that also includes sanitary facilities shall require a Land Use Affidavit prepared by the Community Development Department. (b) The Community Development Department shall record this Land Use Affidavit, at the applicant's expense, D. General Dimensional and Operational Requirements 5. Maximum Cumulative Gross Floor Area Allowed for all Accessory Uses in Accessory Buildings, Accessory Structures and/or Principal Buildings for Residential Uses. Maximum cumulative gross floor area for all accessory uses, (excluding accessory kitchens accessory dwelling units; and, accessory nightly rentals in accessory or principal structures) shall not exceed the largest computation of the following: One thousand two hundred (1,200) square feet of gross floor area; b. Fifty percent (50%) of the gross floor area of the principal building, excluding the attached garage floor area; Comment [AC16]: Adds a conditional use permit option due to varying Town Trustee opinions about whether or not to allow long-term rentals. Requires Planning Commission review and approval of detached units with neighbor notification. Comment [AC17]: Remove accessory kitchen regulations added in 2010. Accessory kitchen regulations basically allow accessory dwelling units with a land use affidavit. March 22, 2012 Planning Commission Page 5 of 5 c. For lots with a net land area greater than one-half (½) acre and less than or equal to one (1) acre: 500+[1,000(a)]*. d. For lots with a net land area greater than (1) acre: 1,400+[400(a)]*. Staff Note: Refer to code for table with examples. Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Director Chilcott Date: November 22, 2011 RE: Estes Valley Development Code Problem Statement – Accessory Dwelling Units Background: At the September 2011 Planning Commission meeting (minutes attached), the Commission directed staff to forward the below Accessory Dwelling Unit problem statement to the Town Board and County Commission for review and approval. Planning Commission requests approval of the problem statement prior to proceeding. Issue: There are several issues related to ADUs as described below. I. Community and Property Owner Needs and Desires. Accessory dwelling units are limited to 30% of all residential lots in the Estes Valley. 1.33 times the minimum lot area is required for an ADU. This means that in the E-1 zoning district, 1.33 acres is required for an ADU and in the RE-1 zoning district 13.33 acres is required. Property owners want ADUs for multiple reasons, including: ▪ Guest quarters for family and friends (non-rental) ▪ Income (short- and long-term rental) ▪ Caretaker quarters ADUs can address community needs such as: ▪ Provision of affordable rental housing ▪ Aging in place Currently, rental of accessory dwelling units is not allowed unless it can be documented the units were allowed when built (with permits if required) and have been regularly rented. The Housing Authority recommended long-term rental of ADUs to help address employee housing needs in the Estes Valley. Also, prohibition of rentals is difficult to Page 1 Page 2 enforce. Town Board directed the Planning Commission to revisit the 2009 recommendation to prohibit the rental of ADUs. II. Determine what constitutes an ADU. Below are references in the EVDC applicable to the discussion about what constitutes an ADU. Staff relied on the first definition and looked at the design of the structure as a whole to make this determination in the past. 5.2.B.2.a Accessory Dwelling Units . . . An accessory dwelling unit may contain private sanitary facilities with hot and cold running water and cooking and food storage facilities . . . In case of any conflict between the accessory dwelling unit standards of this Section and any other requirements of this Code, the standards of this Section shall control. 13.3.3 Accessory Dwelling Unit shall mean a second dwelling unit integrated with a single- family detached dwelling that is located on the same lot as the single-family detached dwelling. "Accessory Dwelling Unit" does not include mobile homes, recreational vehicles or travel trailers. 13.3.95 Dwelling Unit shall mean a building or portion of it designed and used as living and sleeping quarters for a single household, and that includes exclusive sleeping, kitchen, eating and sanitary facilities. 13.3.130 Kitchen shall mean a room or space within a room equipped with such electrical or gas hook-up that would enable the installation of a range, oven or like appliance using 220/40 volts or natural gas (or similar fuels) for the preparation of food, and also containing either or both a refrigerator and sink. 13.3.130.1 Kitchen, Accessory shall mean a kitchen other than the principal kitchen associated with a single-family dwelling. Staff recommends continuing to use the first definition above. III. Conflict in Code. The Estes Valley Development Code ADU regulations conflict with the Accessory Kitchens regulations. Accessory kitchen regulations allow ADUs on all lots regardless of lot size, no maximum ADU size, and with limited requirements for interior connectivity with the main dwelling. Accessory Dwelling Units Accessory Kitchen 1.33 times zoning district minimum lot size No minimum lot size Must be “integrated within” Must maintain interior access Cannot exceed 33% of total house size or 800 square feet, whichever is less No maximum size defined Land Use Affidavit not required Land Use Affidavit required IV. Grandfathering (Nonconforming status of existing detached accessory dwelling units). Existing detached ADUs, which have historically been allowed in many areas of the Valley, are now nonconforming. Some of these were permitted, some predate permits, and some have been “bootlegged” over time (without building permits, which could result in unsafe conditions). Page 3 Repairs and normal maintenance required to keep legal nonconforming units in safe condition is permitted. Formal policy would clarify what constitutes an expansion of the unit. Purpose: Broaden the availability of ADUs while minimizing potential negative impacts to single- family neighborhoods (one lot, one house) and address the above issues. Scope: Planning Commission will forward general recommendations to the Town Board and the Board of County Commissioners addressing the whether the code should be revised to: 1. Determine what constitutes an ADU? 2. Reduce or eliminate the minimum lot size for attached ADUs? 3. Allow detached ADUs? 4. Establish a minimum lot size for detached ADUs? 5. Allow short and/or long-term rental of attached ADUs? 6. Allow short and/or long-term rental of detached ADUs? 7. Require Planning Commission review of all new ADUs? 8. Require architectural controls? 9. Require a Land Use Affidavit (similar to deed restriction)? 10. Allow more flexibility to expand existing grandfathered ADUs? Once general recommendations are approved by the Town Board and the Board of County Commissioners, the Planning Commission will draft code language for review. Desired timing is outlined below: a. Early fall 2011: Forward the Problem Statement to the Town Board and Board of County Commissioners. b. Late fall 2011: Public hearing(s) conducted by the Estes Valley Planning Commission c. Early winter 2011: Public hearing(s) conducted by the Estes Valley Planning Commission to recommend code language to the elected officials. The recommended code language should reflect the direction identified by the elected officials. d. Mid-winter/early spring 2012: Forward recommended code amendments to the Town Board and Board of County Commissioners for review and approval. Desired Outcomes: The desired outcome is to amend the Estes Valley Development Code to address the accessory dwelling unit issues outlined above. 1 Karen Thompson From:jbhull@aol.com Sent:Thursday, March 22, 2012 5:15 PM To:Karen Thompson Subject:Town Board Letter Attachments:ADU_INPUT_SUMMARY.xlr TO: Town Board of Trustees RE: Accessory Dwelling Units March 22, 2012 Esteemed Lady & Gentlemen, I wanted this material to be included in your study packets for your perusal when you considered Planning Commission’s recommendation concerning amended Development Code Language on Accessory Dwelling Units. Since we Planning Commissioners have steadily heard and read testimony on this subject since October, 2006, I felt it would be helpful for my colleagues on both the Planning Commission as well as you, the Town Board of Trustees, to have an easy-to read compilation of every single bit of public input, both verbal and by letter or e-mail, that exists on this. I think it well illustrates both the time and the thoroughness we have given to this issue. I have attached this compilation for you. My fellow Planning Commissioners found it to be quite helpful in our considerations; I hope you will also. Sincerely, Betty Hull Estes Valley Planning Commission ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME NAME:DATE:SUMMARY OF REMARKS: Alan Miller Letter 12/10/2008 Opposed to use-by-right & changing single family neighborhoods; against rentals but concerned about enforcement De-facto re-zoning is wrong-- residents have the right to expect the integrity of their zoning district to be upheld unless there is appropriate rezoning with public hearings that justify such a change. Allowing ADUs should be site specific with neighborhood input Alan & Suzanne Miller Letter 3/20/2012 Against ADUs as a use by right; Honor single-family neighborhoods; against rentals ADU approval should be site specific Suzanne Miller Letter 3/20/2012 Opposes expanting present ADU code language Betty Nickel Verbal 10/17/2006 Her Clients want Guest Quarters, Not rentals Verbal 9/16/2008 Her group wants Guest Units, Party Kitchens & Caretaker Units + no architectural requirements or Planning Commission review for detached + Clarification on square footage Verbal 12/18/2008 Requests clarification of code language for kitchens Verbal 9/20/2011 Her clients want ADUs for Guest Quarters & caretaker housing Verbal 3/22/2012 Supports ADUs for family usage; no rentals Steve Nickel Verbal 12/18/2008 Would like to clarify definition of "cooking facility" Letter 12/15/2008 ADUs should be architecturally compatible with principal dwelling unit; supports cooking facilities in ADUs Letter 9/2/2011 Points out 1810 Windham Lane request is not an ADU by current definition Steve & Betty Nickel Letter 2/10/2009 Wants rentals for employee & affordable housing Don Goldy Verbal 3/20/2007 Questioned Number of Cars at a House with an ADU Paul Brown Verbal 7/15/2008 Wants attached & detached ADUs guests on all Properties throughout the Valley like Larimer County. Verbal 9/16/2008 Wants detached ADUs on All Lots Throught the Valley, regardless of Size Verbal 11/18/2008 Supports detached ADUs on all lots with the size of ADU related to size of lot Verbal 12/18/2008 Allow detached ADU's based on lot size Letter 2/11/2009 Supports ADUS for family uses and rentals for employee housing; it would reduce infrastructure cost Letter 12/16/2008 Submitted outdated Estes PArk zoning information & sketches Letter 9/16/2008 Supports ADUs in all neighborhoods regardless of lot size & use by right; opposes covenant requirements, parking restrictions, architectural & landscape regulations; against owner occupancy Bob McCreery Verbal 9/16/2008 Requested Rental be Prohibited + questions architectural requirements for large lots Wayne Park Verbal 9/16/2008 Concerned about Architectural Requirements Riita Kurelja Verbal 9/16/2008 ADUs would provide a tool to disperse Affordable Housing throughout the Community Verbal 12/18/2008 Wants ADUs to be rented Verbal 2/17/2009 Wants rentals of ADUs Letter 3/16/2012 Wants ADUs integrated & rentals as a partial solution for affordable housing Letter 4/24/2009 Wants ADUs as rentals + presented a favorable case study from HUD Letter 2/12/2009 Wants ADUs as rentals Verbal 3/22/2012 Supports ADU as a possible solution for affordable & employee housing; cited HUD & Colo Housing studies ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME Cheri Pettijohn Verbal 9/16/2008 Architectural Standards are too restrictive + ADUs are needed for caregivers or at-home care-receivers-- no rentals Verbal 12/18/2008 Wants the ADU question solved quickly Verbal 2/17/2009 Wants to see bunkhouses allowed soon Ron Norris (Pre-PC) Verbal 11/18/2008 Approves Planning Commission Review of ADUs; Wants public input on lot sizes, sq footage, etc. Verbal 12/18/2008 Wants rights of existing property owners to be protected; does not want ADUs to be rented + wants case- by-case review with public input + detached on large lots only Letter 12/9/2008 Concerns: increased density, defacto rezoning. Stay consistent with character of neighborhoods no rentals Supports Plannning Commission review with public input in a case-by-case situation Believes code enforcement is inadequate; Allow detached ADUs on larger lots- limit size to 1000 square feet or less Letter 11/14/2008 Discussed ADUs with several HOAs & citizens throughout Valley who were concerned about adverse unintended consequences Tom Ewing Verbal 11/18/2008 Concerned About enforcement if Rentals are Allowed + use lot size rather than zoning district Letter 12/5/2008 Opposed to increased density in single family neighborhoods; ADUs would be a betrayal to homeowners in in single-family neighborhoods and present zoning Ray Duggins Verbal 11/18/2008 Wants to be able to expand or improve existing detached units Verbal 12/18/2008 Wants the ADU language to be amended as soon as possible Steve Lane Verbal 11/18/2008 He Sees a demand for detached ADUs for Caregivers; Suppports long-term rentals + doesn't like Architectural Control Thomas Beck Verbal 11/18/2008 Supports ADUs for rentals and long-term at-home care Joe Coop Verbal 12/18/2008 Believes ADUs and Guest Quarters are 2 different issues; guest quarter review could be by staff & ADU review could be by Planning Commission Verbal 2/17/2009 Said Most ADU requests are for Guest or Caretaker Quarters Letter 2/17/2009 Wants a citizen's committe to refine ADU code language Mark Elrod (Pre TB)Verbal 12/18/2008 Allow rentals for family members & not for non-family Kevin Schwery Verbal 12/18/2008 Wants to allow detached ADUs on large lots + wants his employees to live in his ADU Matthew Heiser Verbal 12/18/2008 Supports rental of ADUs + believes architectural design should be left to designer Verbal 2/21/2012 ADU's are a vital part of the Valley Sheila Brennan Verbal 2/17/2009 Allow ADUs only on undeveloped lots Carroll Mock Verbal 2/17/2009 Do not change zoning to allow ADUs + rentals should not be allowed ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME Rick Steins Verbal 2/17/2009 Believes ADUs would decrease property values-- no rentals David Myers Verbal 2/17/2009 Does not want zoning changed-- opposed to rentals Robert Ernst Verbal 2/17/2009 Does not want rentals, but questions enforcement issues; supports owner occupancy Verbal 3/22/2012 Quesions need to update ADU code language; Honor single family neighborhood zoning Letter 3/22/2012 HAs enforcement concerns about rentals Rick Warren Verbal 2/17/2009 Does not want ADU rentals Jay Heineman Verbal 2/17/2009 Is against ADUs changing the neighborhood Verbal 3/17/2009 If there are rentals, there will be unintended consequences + the demand doesn't merit a code change Letter 3/2/2009 Against rentals; supports affordable housing, but it shouldn't be ADUs Verbal 3/22/2012 ADUs are not an affordable housing answer; keep single family neighborhoods as such-- no rentals Joe Hladick Verbal 2/17/2009 Wants a Citizen's committee to refine code language in a round table approach Eric Waples Verbal 2/17/2009 Wants ADU applications to be reviewed by Planning Commission Letter 2/12/2009 Advocates a thorough scientific survey of property owners & HOAs on allowing ADUs before a final decision is made-- cautions about unintended consequences Joanna Darden Verbal 2/17/2009 Against detached ADUs + questions enforcibility if rentals are allowed Verbal 3/17/2009 Wants ADU size limits to be less than 1000 sqare feet Verbal 9/20/2011 Concerned about rentals and ability to enforce + doesn't want ADUs to be improved by additional stories Dave Schultz Verbal 2/17/2009 Allow only detached ADUs + only allow rentals on a yearly basis Arleta Bell Verbal 2/17/2009 Asked for clarification of ADUs Bob Rising Verbal 2/17/2009 Wanted to know how ADUs would affect HOA Covenants Verbal 3/22/2012 Opposes ADU use by right; opposes rentals; presented plan to he4lp solve seasonal employee problem Mike Richardson Verbal 2/17/2009 Stated that HOAs can make their own rules about ADUs Letter 3/13/2012 Supports the building, using & maintaining of ADUs; wants rentals Dave Albee Verbal 3/17/2009 Wants Clarification of ADUs in R-1, R-2 & RM zoning districts Letter 2/3/2009 Concerned about increased density in single-family neighborhoods; against rentals & use-by-right; Supports Planning Commission review Darrell & Laurie FranklinLetter 6/21/2011 Wants ADUs for family use and not rentals Letter 8/24/2011 Explained their application for 1731 High Drive-- would not alter footprint Philip Nicholson Letter 4/15/2009 Wants ADUs for family use; no rentals ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME Dave Caddell Letter 3/11/2009 ADUs aren't ecomomically feasible; wants size limited to 700-800 square feet; for family use only Mike Menard Letter 3/10/2009 Submitted a partial list of detached ADUs throughout Valley;supports detached ADUS on small lots if designed right; Wants ADUS as an affordable housing solution Letter 2/13/2009 ADUs are historically established, but recently under-regulated; wants property owners to be able to modify existing ADUs; supports rentals; wants ADUs throughout Valley as a use by right Sandy Lindquist Letter 2/10/2009 Keep Single-family residential neighborhoods as they are; supports affordable housing but not with zoning changes Letter 3/3/2009 Supports owner occupancy; no rentals Letter 10/20/2008 Wants to keep single family residential zoning; opposes rentals Verbal 3/22/2012 Against changing character of siungle family neighborhoods; against rentals Betty Hull Letter 2/23/2009 Wants ADUs limited to attached + Planning Commission review-- no rentals Milt Garrett Letter 2/17/2009 Wants ADUs as an option for seasonal employee housing Rex Pogggenpol (Pre-P Letter 3/6/2009 Allow only attached ADUs Bob Trump Letter 3/4/2009 Cites AARP study on ADUs; Supports owner occupancy & not rentals Elaine Downing Letter 1/27/2009 Supports present zoning requirements and Plannning Commission review of ADUs with public input; Opposes rentals; concerned about increased density, noise, traffic & parking Fred Mares Letter 12/16/2008 Questions the need for a code change at all-- wonders about unintended consequences Letter 3/22/2012 Questions need to change present ADU code language Don Sellers Letter 12/17/2008 Against rentals of ADUs Letter 3/22/2012 Against Changing present ADU code language Verbal 3/22/2012 Read aove letter Tom Gootz Verbal 2/21/2012 Wants questionnaire sent to citizens asking about rentals; ADU's & affordable housing are directly related; concerned about rentals & enforcement issues Verbal 3/22/2012 Questions the present definition of short-term rentals, also their enforcement Kurt Johnson Letter 3/20/2012 Wants to broaden the availability of ADUs Judy Nystrom Letter 3/19/2012 Supports long-term rentals, not short-term; owners need to register ADUs with Town & get a license To help owner's costs for ADUs reduce fees, etc. Develop a standard lease agreement for ADUs Rainer Shelp Letter 3/19/2012 Agrees with Judy Nystrom ACCESSORY DWELLING UNITS SUMMARY OF ALL INPUT 2006- PRESENT TIME Bill Kehl Letter 3/19/2012 Against ADU's in single family zoning; against rentals Judy Anderson Verbal 3/22/2012 Supports long-term rentals Sherry White Verbal 3/22/2012 Do Not change present ADU code language; keep single family n eighborhhods as such; against rentals Louise Olson Verbal 3/22/2012 Supports rentals of ADUs as both affordable & seasonal employee housing Letter 3/22/2012 said young people who were working couldln't attend an afternoon meeting Debra Kelly Letter 3/21/2012 Supports ADUs for both family use & affordable housing rentals Verbal 3/22/2012 Supports ADUs for both family use & affordable housing rentals Fred Barber Verbal 3/22/2012 Believes development code overreaches; supports not increasing density in single family zoning; against rentals Bill Cook Verbal 3/22/2012 Against changing development code language for ADUs David Born Verbal 3/22/2012 Questions enforcement of rental ADUs; against rentals Kay Norton Hoye Verbal 3/22/2012 Supports adhering to present zoning regulations, therefore no rentals Cindy Youngland-Liddle Verbal 3/22/2012 Questions regulating & enforcing taxes for short term rentals; aqginst short term rentals Nancy Amend Letter 3/21/2012 Supports rental ADUs Don Kjorland Letter 3/21/2012 Opposes rentals as they would lower property values CG Fleischer Letter 3/18/2012 Keep Code Language as it is; afraid of circumventing zoning requirements; against rentals Indiv. Input Total: 63 Rental Tally YES-19 NO-33 Remainder made no preference known Page 1 To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Alison Chilcott, Director Date: March 27, 2012 RE: Board of Adjustment Appointments Background: Chuck Levine and Wayne Newsom’s terms on the Estes Valley Board of Adjustment expired on February 28, 2012. An interview team consisting of Trustee Elrod, Estes Valley Board of Adjustment Chair John Lynch, Estes Park Creative Sign Board Chair Art Blume, and Community Development Director Alison Chilcott interviewed three candidates for open positions. The Estes Valley Board of Adjustment is a five-member, joint Town/County board that reviews requests for variances to the Estes Valley Development Code. Two members are appointed by the Larimer County Board of County Commissioners; three members by the Town of Estes Park Board of Trustees; one alternate member is jointly appointed by the Board of County Commissioners and Town Board of Trustees. Members must reside in their respective areas of the Estes Valley. The team recommends re-appointing Wayne Newsom and an appointing alternate member Jeff Moreau for three-year terms expiring February 28, 2015. Member Chuck Levine has served on the Board of Adjustment for eight years and has decided not to re-apply for another term. , Wayne Newsom has lived Estes Park for over 30 years. He is a co-owner of Coldwell Banker Estes Village Properties. He served as a Town Trustee for eight years, has been a Board of Adjustment member since 1990, and was a long-time Urban Renewal Authority commissioner. Jeff Moreau has lived in Estes Park for over 20 years. He owns Dallman Construction and has served as an alternate member of the Estes Valley Board of Adjustment for approximately two years and on the Creative Sign Design Review Board for a year. Budget: N/A Interview Team Recommendation: The interview team recommends appointing Wayne Newsom and Jeff Moreau. Community Development Memo Page 2 Sample Motion: I move to appoint (or not appoint) Wayne Newsom and Jeff Moreau to the Estes Valley Board of Adjustment for three-year terms expiring February 28, 2015. Page 1 To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Alison Chilcott, Director Date: March 27, 2012 RE: Creative Sign Design Review Board Appointments Background: Diane Muno and Charley Dickey’s terms on the Creative Sign Design Review Board expired on March 1, 2012. An interview team consisting of Trustee Elrod, Estes Valley Board of Adjustment Chair John Lynch, Estes Park Creative Sign Board Chair Art Blume, and Community Development Director Alison Chilcott interviewed two candidates for open positions. The Creative Sign Design Review Board was created approximately one year ago to review Creative Sign Program applications, sign variance applications, and appeals of staff decisions on the Estes Park Sign Code. Since its formation the Board has reviewed and approved two sign variance applications. The Board consists of five volunteer members appointed by the Mayor and confirmed by the Town Board. The interview team recommends re-appointment of Diane Muno for a three-year term expiring on March 1, 2015. The other applicant decided not to pursue appointment on the Board. Staff will re-advertize the position. Diane Muno, Local Business Owner, has been a resident of Estes Park since 2006. She owns the Spruce House, Christmas Shoppe, and White Orchid downtown. Previously she worked in marketing and sales. Budget: N/A Interview Recommendation: The interview team recommends re-appointing Diane Muno. Sample Motion: I move to re-appoint (or not appoint) Diane Muno to the Estes Park Creative Sign Design Review Board for three-year term expiring March 1, 2015. Community Development Memo March 14,2012 Estes Park Ms.Jackie Williamson,Town Clerk Town of Estes Park P.O.Box 1200 Estes Park,CO 80517 Dear Ms.Williamson: The Estes Park Housing Authority at their regular meeting on March 14,2012 discussed the upcoming term expiration for Jack Dinsmoor.Jack has been a vital member of the EPHA Board of Commissioners. His talent and expertise has and continues to further mission of the Housing Authority. The Board of Commissioners were unanimous in supporting the reappointment of Jack Dinsmoor to the Estes Park Housing Authority Board of Commissioners for a five year term,beginning April 11 2012 and expiring on April 11 2017. We respectfully ask that the Town Trustees support the EPHA’s request and reappoint Mr.Dinsmoor to serve on the Estes Park Housing Authority Board of Commissioners. Sincerely, L Estes Park Housing Authority 1-1 cus irig AlLlthcrity Rita Kurelja Executive Director 1 70 MacGregor Avenue,P0.Box 1200 •Estes Park,CO 8051 7 •(970)577-3730 •Fax (970)586-0249 Community Services Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Community Services Director Kilsdonk Date: March 27, 2012 RE: Town Volunteer Manual Background: Each year, over 500 volunteers contribute more than 50,000 hours to assist the Town of Estes Park. However, no unifying document existed to guide volunteers and staff in this work. Town Board Study Session discussions related to volunteer management, including background checks, safety, and liability, began in the fall of 2010. A draft Town Volunteer Manual was presented at the Town Board Study Session on October 11, 2011. The overall goals of the manual are to provide clear expectations for volunteers and staff, a basis for volunteer orientation and training, and a way to manage liability for both the volunteers and the Town. The draft manual has been revised based on the following Trustee recommendations from the October 11, 2011 Study Session (as reflected in the minutes): Study Session Recommendation Manual Page Reference Expectations are the same for volunteers as they are for Town employees Added to page 12, first paragraph Volunteers must conduct themselves in a manner that reflects favorably on the Town Included on page 16, no. 15 Volunteer Conduct and also in Appendix C: Town of Estes Park Policies and Procedures Make positive statement by reorganizing information and wordsmithing Volunteer Operational Policies and Procedures section (pages 12-16) was reworked Include pertinent information from personnel manual in an appendix rather than making reference to the personnel manual Appendix C: Town of Estes Park Policies and Procedures was added (pages 66-70) Need to address weapons and workplace violence for all employees, including volunteers See Volunteer Operational Policies and Procedures Section 7: Work Place Violence (page 14) Provide a thorough explanation related to the required Volunteer Release of Liability and Indemnification form Volunteer Operational Policies and Procedures Section 2: Volunteer Liability and Indemnification was rewritten and expanded (pages 12-13) Remove references to Union Fire Insurance Company and other unrelated organizations HR researched the document and the reference is correct. No change Include non-profit organizational chart with MOUs No change to the manual. Org. charts will be added to all new MOUs and existing MOUs as they come up for renewal Remove ad hoc committees as they are temporary Descriptions of ad hoc committees were removed and section reworded (page 11) Include job descriptions so volunteers know the scope of their responsibilities This section has been expanded and reworked. See Appendix B: Volunteer Job Descriptions, pages 26-65 Clarify statement related to uniforms Volunteer Operational Policies and Procedures no. 13: Uniforms and Protective Personal Gear was rewritten (page 16) Page 17 #14 (Volunteer Liability and Indemnification) should read: As a public entity, the Town of Estes Park… This has been done; see page 12 In addition, the following have been added or updated since the Study Session: Addition or Update Volunteer Manual Reference Town Administrator Welcome – Reference to previous Administrator has been deleted Page 3 Mission/Vision/Guiding Principles/Org Chart – Updated for 2012 Pages 5-6 Audit Committee and Rooftop Rodeo Committee were removed from the list of Town Board-appointed standing committees; Top Hand Organization, Inc. was removed and Estes Park Western Heritage, Inc. was added to the list of volunteer organizations Pages 7-8; pages 52-53 Town Board and Committee Appointment Procedure has been updated Page 21 A proposed policy which addresses Town employees serving on Town Committees, Boards, Commissions and Affiliated Organizations has been added Pages 69-70 Volunteer application now includes a check box section for staff use in determining whether a background check is required Pages 22-23 Town Attorney White reviewed a prior version of the manual and will have reviewed this version by the Town Board meeting. CIRSA Attorney Tanoue was also provided with a copy of the revised manual. On her recommendation, the word “job” has been removed from the draft wherever it appeared in the context of volunteer work. Budget: N/A Staff Recommendation: To approve the Town Volunteer Manual. Sample Motion: I move for the approval/denial of the Town Volunteer Manual.     TTOOWWNN OOFF EESSTTEESS PPAARRKK   VVOOLLUUNNTTEEEERR MMAANNUUAALL Draft 3/19/2012    CClloocckkwwiissee  ffrroomm  ttoopp  lleefftt::  TTrreeee  BBooaarrdd  mmeemmbbeerrss  ssppoonnssoorr  aann  eedduuccaattiioonnaall  eevveenntt  aanndd  ttrreeee‐‐ ppllaannttiinngg  aatt  tthhee  EEsstteess  PPaarrkk  EElleemmeennttaarryy  SScchhooooll  iinn  hhoonnoorr  ooff  AArrbboorr  DDaayy;;  PPoolliiccee  AAuuxxiilliiaarryy   mmeemmbbeerrss  pprreeppaarree  ddoonnaattiioonnss  ttoo  tthhee  BBlluuee  SSaannttaa  pprrooggrraamm  ffoorr  hhoolliiddaayy  ddeelliivveerryy  ttoo  llooccaall   ffaammiilliieess;;  AAmmbbaassssaaddoorrss  aassssiisstt  oovveerr  440000,,000000  ppeeooppllee  eeaacchh  yyeeaarr  aatt  tthhee  VViissiittoorr  CCeenntteerr;;  tthhee   EEsstteess  PPaarrkk  MMuusseeuumm  FFrriieennddss  &&  FFoouunnddaattiioonn,,  IInncc..  ssppoonnssoorrss  aa  hhiissttoorriicc  hhoommee  ttoouurr  aannnnuuaallllyy  ttoo   eedduuccaattee  tthhee  ppuubblliicc  aanndd  rraaiissee  ffuunnddss  ttoo  ssuuppppoorrtt  tthhee  mmuusseeuumm..      1     Table of Contents A Welcome from the Town Administrator………………………………………………………………….3 Tracks in Time: A Brief History of Estes Park……………………………………………………………...4 Purpose of This Volunteer Manual…………………………………………………………………………5 Town Mission, Vision and Guiding Principles……………………………………………………………...5 Town Organizational Chart………………………………………………………………………………….6 Town Volunteer Groups………………………………………………………………………………..7 - 12 Volunteer Operational Policies and Procedures…………………………………………………….13 - 17 Appendix A: Forms Volunteer Release of Liability……………………………………………………………….18 - 19 Volunteer Written Notice of Injury………………………………………………………………..20 Background Check.…………………………………………………………………………….…21 Board and Committee Appointment Procedure ………………………………………………. 22 Volunteer Application………………………………………………………………………...23 - 24 Vehicle Accident Review Forms…………………………………………………………….25 - 26 Appendix B: Volunteer Descriptions I. Town Board-Appointed Volunteers…………………..……………………………………..27 - 41 II. Town Department Volunteers i. Community Development Department…………………………………………………43 ii. Community Services Department…......................................................................43 - 57 iii. Finance……………………………………………………………………………………57 iv. Police Department…………………………………………………………………...57 - 66    2 v. Public Works……………………………………………………………………………...66 vi. Utilities……………………………………………………………………………………..66 Appendix C: Town of Estes Park Policies and Procedures I. Personnel Manual (Excerpts)……………………………………………………………………..67 II. Electronic Media Access Policy……………………………………………………………..68 - 69    3     Town Administration A Welcome from the Town Administrator As I go through my day, I am amazed at the number and diversity of people who donate their time to the Town of Estes Park and the dedication they bring to their work. From Town Board-appointed groups like the Estes Park Housing Authority, to organizations such as the Estes Valley Restorative Justice Partnership, to ad-hoc committees appointed for specific tasks, to individuals assisting with particular duties, Town of Estes Park volunteers work every day alongside staff to make our community better. Annually, more than 500 volunteers contribute an astounding 50,000+ hours to assist Town government, at a cost savings to taxpayers of more than a million dollars. As a Town of Estes Park volunteer, you will be responsible for adhering to the policies and procedures found in this manual. We are committed to providing you with the tools you need for a successful and rewarding volunteer experience. Thank you for choosing to donate your time to the Town of Estes Park. You are joining an outstanding team of elected officials, employees and volunteers, working together to achieve our mission: To provide high-quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and our natural setting.    4     Tracks in Time: A Brief History of Estes Park The history of Estes Park begins with the formation of its wild, natural beauty. About seventy million years ago, massive forces pushed tectonic plates against one another, creating the remarkable Rocky Mountains. Over millions of years, huge glaciers carved out local landmarks such as peaks, meadows and valleys, creating the landscape we enjoy today. The first people in the area were ancestors of today’s American Indians. They stayed in the Estes Valley for the summer to hunt mammoth, giant bison and other large mammals. In more recent times, the Ute migrated seasonally from what is now North Park, using the land as a summer hunting ground. Other Native American tribes also came to the area seasonally; howewver, the hunting bounty could sustain only two tribes at a time. From oral histories of the Arapaho, we know they inhabited the land prior to the arrival of Anglo settlers. Fur-trapping mountain men and Anglo explorers more than likely also came to the area, but they left behind almost no written accounts. William Byers, founding editor of the Rocky Mountain News, gave the name “Estes Park” to the area to honor Joel Estes. Arriving in 1859, Estes settled here with his family to raise cattle until 1866, when he moved to seek a more favorable climate. In the 1870s, surveys of Estes Park brought homesteaders to the area who attempted farming, ranching, logging and mining. Most of the early ranchers (such as Evans, MacGregor, James, and Sprague) found it more profitable to become proprietors. They catered to the growing number of visitors in the area, lured all the way from Europe by words of beauty and adventure. After downtown Estes Park was platted in 1905, the village thrived, setting the groundwork for the town of today. Access to the area was vastly increased with road improvements funded by the Stanley Hotel owner, F.O. Stanley. At the same time, the natural surroundings were protected for posterity with the dedication of Rocky Mountain National Park in 1915. The incorporation of the Town of Estes Park in 1917 formed a local government that assisted with large ventures like the Colorado-Big Thompson Project, the largest transmountain water diversion project in Colorado, which was built between 1938 and 1957. The project included the creation of Lake Estes in 1949. Local, state and national government also helped Estes Park recover from disasters such as the Big Thompson Flood of 1976 and Lawn Lake Flood of 1982. Visit the Estes Park Museum to learn more about the people, architecture, and events that constitute our rich and colorful history.    5     Purpose of This Volunteer Manual Far from a contradiction in terms, “volunteers in government” is the norm in the United States today. Millions of Americans give of themselves by serving on citizen advisory committees, task forces, for special events, and much more. In fact, volunteering for government agencies and departments is the rule, not the exception. All across America, neighbor helping neighbor is still an ideal. This manual is intended to provide you with direction, answer your questions, and help you be more effective in your volunteer work with the Town of Estes Park. The policies and information in this manual are intended for internal management guidance only, and do not constitute, ether implicitly or explicitly, a binding contractual or personnel agreement. The volunteer coordinator in your specific department will work with you on the purpose, duties, and required qualifications of your particular assignment. To provide volunteers with an understanding of direction for the Town of Estes Park, please find the Vision, Mission and Guiding Principles adopted by the Estes Park Town Board in 2012. Town of Estes Park Vision The Town of Estes Park will enhance our position as a premier mountain resort community. Town of Estes Park Mission The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and our natural setting. Guiding Principles The Town of Estes Park strives to maintain a balanced approach while we: „ Maintain and strengthen our economic vitality „ Provide services which are responsive, sensitive, and reliable „ Preserve our unique character and history „ Sustain a family-friendly community for our citizens and visitors „ Consider the impact of our actions on the environment „ Support diverse, affordable housing „ Enhance recreational and cultural opportunities „ Employ and maintain a professional, innovative, and productive team           6       Town Organizational Chart       7     Town Volunteer Groups I. Town Board-Appointed Volunteers (Standing Committees and Boards) Openings for Town Board-appointed standing committee and board volunteer positions and their appointed alternates are announced in the newspapers and on the Town website. Applications are processed through the Town’s Human Resource office. The applications are forwarded to the appropriate department for follow-up. Appointments are made by the Town Board at a public meeting. Volunteer descriptions are located in Appendix B. 1) Estes Park Building Codes Board of Appeals The Board of Appeals is an appellate board appointed by the Town Board to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official pursuant to the International Building Code as amended and adopted by the Town of Estes Park. The Board of Appeals currently has three members serving two-year terms. Contact Alison Chilcott at achilcott@estes.org. 2) Estes Park Building Authority The Building Authority is a nonprofit corporation set up by the Town to facilitate improvements to the Estes Valley Recreation and Parks District through the use of Certificates of Participation. This committee meets once a year to elect officers and to approve payments. Currently there are five members serving three-year terms, including the Town Administrator, Town Finance Officer, and three citizens. Contact Steve McFarland at smcfarland@estes.org. 3) Creative Sign Design Review Board As part of the newly-revised sign code, in 2011 the Town of Estes Park established a five-member Creative Sign Design Review Board. The Creative Sign Program provides flexibility in the application of the sign code, and encourages high-quality materials and workmanship for signs that make a positive visual contribution to the community, are of unique design, and exhibit imagination and inventiveness. The Creative Sign Design Review Board is responsible for reviewing Creative Sign Program applications, sign variance applications, and appeals of staff sign code decisions. Appointees must reside within Town limits. Contact Alison Chilcott at achilcott@estes.org. 4) Estes Park Housing Authority The Estes Park Housing Authority (EPHA) is a nonprofit organization committed to providing affordable housing to low- and moderate-income citizens of Park School District R-3. Per the bylaws, five board members serve in a volunteer capacity, each for a five-year term. Board member    8 responsibilities include active involvement as an advocate for EPHA in the community, assisting in retention and development of housing opportunities, examining policies, procedures and financial reports, and performance review of the executive director. Board members must reside within Park School District R-3. Contact Rita Kurelja at rkurelja@estes.org. 5) Estes Park Local Marketing District Board A Local Marketing District (LMD) is an organization formed for the purpose of advertising, marketing, and promoting tourism within the service area. The Estes Park Local Marketing District was created in 2008 after voter approval. Five board members are appointed by the Town Board; two by the Larimer County Commissioners. Members must live within the designated district in Larimer County. Visit www.marketestes.org for current information. 6) Estes Park Tree Board The mission of the Tree Board is to “protect and promote trees for the present and the future.” When the Town of Estes Park became a Tree City USA in 1997, the Town Board created the Tree Board. In addition to advising the Town Board on matters of public safety, the Tree Board works to help residents appreciate the value of trees, maintain the health of their own trees, and add to the beauty of the Estes Valley by planting trees as gifts or memorials. The Tree Board sponsors an Environmental Stewardship Award and Tree Symposium. The board has six members who serve four-year terms. Contact Russ Franklin at rfranklin@estes.org.  7) Estes Valley Board of Adjustment The Estes Valley Board of Adjustment is a joint Town/County board that reviews variance requests within the Estes Valley. The board consists of five appointed members. Two members are appointed by the Larimer County Commissioners; three members are selected by the Town Board; one alternate member is jointly appointed by the Board of County Commissioners and the Town Board. Members must reside in their respective areas of the Estes Valley. Interested residents are encouraged to participate in the Town's Citizens Information Academy. Contact Alison Chilcott at achilcott@estes.org. 8) Estes Valley Library District Board A board of seven trustees governs the Estes Valley Public Library District. The board adopts and oversees the budget, bylaws and policy; conducts strategic planning; and hires and evaluates the library director. It delegates authority and accountability to the library director, who operates under policies set by the board. Trustees are volunteers jointly appointed by the Town Board and Larimer County Commissioners for staggered terms of four years. Contact Claudine Perrault at cperrault@estesvalleylibrary.org.    9 9) Estes Valley Planning Commission The Estes Valley Planning Commission is a joint Town/County commission that reviews development proposals and subdivision proposals within the Estes Valley. The commission consists of seven appointed members. Four members are appointed by the Larimer County Commissioners; three members are selected by the Town Board. Members must reside in their respective areas of the Estes Valley. Interested residents are encouraged to participate in the Town's Citizens Information Academy. Contact Alison Chilcott at achilcott@estes.org. Town Department Volunteers Volunteers assist two Town departments, the Community Services Department and the Police Department, on a regular basis or as needed. Assistance is provided by groups affiliated with those departments, and by individuals working on particular tasks. Descriptions are located in Appendix B. Community Services Department The Community Services Department provides non-traditional government services including recreational, cultural, educational, and visitor assistance services to increase Estes Park’s economic strength and community well-being. Community Services Department divisions which utilize volunteers include the Estes Park Museum, the Estes Park Senior Center, the Fairgrounds/Events Division, and the Visitor Services Division. ESTES PARK MUSEUM The Estes Park Museum collects, interprets and preserves local history, as well as presents exhibits, programs and events, for the education and benefit of residents and visitors of all ages. 1) Estes Park Museum Friends & Foundation, Inc. The Estes Park Museum Friends & Foundation, Inc. is a non-profit organization with a mission to “ensure that the Estes Park Museum is the premier local history museum in Colorado.” Contact Elaine Hunt-Downey at ehunt- downey@estes.org. 2) Other Museum Volunteers Volunteers aid staff in the areas of research, exhibit preparation, collections management, front desk assistance, and seasonally at the Historic Fall River Hydroplant. Contact Alicia Mittelman at amittelman@estes.org. ESTES PARK SENIOR CENTER The Senior Center’s mission is “to involve and inform Estes Park area seniors and enrich their lives by providing a comprehensive range of programs and opportunities.”    10 1) Estes Park Senior Citizens Center, Inc. Estes Park Senior Citizens Center, Inc. is a non-profit organization with a mission to work cooperatively with the Town of Estes Park to meet the needs of area seniors. Contact Lori Mitchell at lmitchell@estes.org. 2) Meals on Wheels Drivers Meals on Wheels is a home delivery program serving homebound and older adults in the Estes Valley. Volunteers use their own vehicles to deliver meals Monday through Friday at noon. A training manual is provided by Senior Center staff. Contact Lori Mitchell at lmitchell@estes.org. 3) Other Senior Center Volunteers Volunteers assist staff with programs and at the reception desk. Contact Lori Mitchell at lmitchell@estes.org. FAIRGROUNDS/EVENTS The Fairgrounds and Events staff plans and organizes Town-sponsored events, provides support for users of Town facilities, and coordinates scheduling of activities at a number of locations. 1) Estes Park Western Heritage, Inc. The purpose of Estes Park Western Heritage Inc. (EPWH), a nonprofit corporation, is to promote the western culture and preserve the western heritage of the Estes Valley by producing and supporting activities for the education and enjoyment of its residents and visitors. EPWH provides support for the Rooftop Rodeo and the Rooftop Royalty Scholarship Fund. Contact membership@rooftoprodeo.com. 2) Elk Fest Committee Elk Fest is an annual event that features elk bugling, competitions, educational areas, seminars, and guided elk tours. It includes food and art vendors as well as entertainment such as musical acts, Native American dancing and storytelling, and a Mountain Man Rendezvous. Contact events@estes.org. 3) Wool Market Volunteer Wool Market is a multi-day fiber festival which includes workshops, exhibits, demonstrations, competitions and vendor booths. Featured attractions include a children’s area, sheep dog herding and sheep shearing demonstrations, sheep, llama, alpaca, cashmere and angora goat competitions, fleece contests, and more than fifty vendor booths. Contact events@estes.org.    11 VISITOR SERVICES Visitor Services provides visitors and residents with information about current events, lodging, restaurants, museums, tours, businesses and activities. 1) Ambassadors of Estes Park The mission of the Ambassadors is “to provide a warm welcome along with providing, to the best of our knowledge, accurate information to visitors to help them to have an enjoyable and memorable time in the Estes Valley.” Approximately seventy-five volunteer Ambassadors assist at the Visitor Center front desk year-round. Staff and Ambassadors provide training. Contact Teri Salerno at tsalerno@estes.org. Estes Park Police Department The Estes Park Police Department provides police protection and other public safety programs for the Estes Park area and its citizens, and provides assistance to the Larimer County Sheriff's Department, Colorado State Patrol, and Rocky Mountain National Park as requested by each agency. 1) Estes Park Police Auxiliary The Police Auxiliary exists to support and enhance the services provided to the community by the Estes Park Police Department. Auxiliary Police serve as volunteer “eyes and ears,” performing a variety of tasks including vehicle and pedestrian traffic control, foot patrol of the downtown, investigations, fingerprinting, special events assistance and administrative tasks. Positions include Auxiliary Member, Chaplain, and Front Window/Customer Service Volunteer. Candidates must complete the Citizen’s Police Academy as well as twenty hours of Police Auxiliary Training. Contact Amanda Nagl at anagl@estes.org. 2) Estes Valley Restorative Justice Partnership The Estes Valley Restorative Justice Partnership exists to reduce crime and disorder by applying the principles of Restorative Justice such as repair of harm to victim and community, and enhanced empathy and understanding among participants. Volunteers in the Community Circle program are witnesses to or victims of a crime or event, or serve as a support for a victim or witness. They are called to participate with the transition of offenders back into the community. Contact RestorativeJustice@estes.org. II. Ad Hoc Committee Appointees The Town Board appoints special or ad hoc committees to work on specific problems or tasks. Usually the committee exists on a temporary basis and is dissolved when the task is completed.    12     Volunteer Operational Policies and Procedures Volunteers are responsible for adhering to Town of Estes Park policies and procedures, and the policies and procedures of the departments in which they work. These are the same expectations outlined for Town employees. The purpose of these policies and procedures is to provide overall guidance and direction to management, staff, and volunteers. Specific examples can be found in Appendix C. 1) Volunteer Recognition The Town of Estes Park appreciates the many hours of service our volunteers provide. We want to be sure they know how valuable they are to the organization. Each year, a recognition event is held for all Town of Estes Park volunteers and the staff who work with them. The event is sponsored by the mayor and coordinated by Town staff. At the event, the Town presents the Estes Park Pride Awards for Estes Park Volunteer of the Year, Volunteer Group of the Year, Business Person of the Year, and Teacher of the Year, and the Estes Park High School Student Pride Scholarship. Pride Awards are not limited to Town of Estes Park volunteers. Anyone can make a nomination or be nominated for an award; residency within Town limits is not required. 2) Volunteer Liability and Indemnification As a public entity, the Town of Estes Park carries property and liability insurance for all of its employees and volunteers. All Town of Estes Park volunteers are afforded liability protection from legal claims when volunteers perform their defined duties within the scope of the Town’s policies and the policies for the departments in which they volunteer. Defining roles and responsibilities is extremely important with regard to Town and volunteer liability. The Colorado Governmental Immunity Act (CGIA), which governs the liability of the Town, its employees, agents, and volunteers, defines public employee to include an authorized volunteer. An authorized volunteer means a person who performs an act for the benefit of the public entity (the Town) at the request of and subject to the control of the Town. The CGIA further provides that the Town shall be liable for the cost of defense of any of its public employees and payment of all judgments and settlements of the claims against any public employee, where the claim against the public employee arises out of injuries sustained from an act or omission of the scope of his/her employment, except where such act or omission is willful and wanton. All authorized volunteers have this same protection as they are considered public employees pursuant to the CGIA.    13 There are two types of volunteer groups within the Town of Estes Park: 1) Incorporated volunteer organizations; and 2) Non-incorporated volunteer organizations. The incorporated volunteer organization enters into an annual Inter- Governmental Agreement (IGA) with the Town of Estes Park. Included within the IGA is a release of liability and indemnification clause that the board president or chair is authorized to sign on behalf of the membership. All other volunteers are required to sign individual release of liability and indemnification waivers (see Appendix A). The Town insures its activities through participation in the Colorado Intergovernmental Risk Sharing Agency (CIRSA). This is a municipal self-insurance pool which provides insurance coverage to the Town, liability management consultation, and cost-effective insuring agreements with third party insurance companies. It is strongly recommended by CIRSA that the Town enter into agreements with volunteer entities defining the scope of those volunteer organizations’ activities and responsibilities, including the release of liability and indemnification clause, and also obtain indemnification and liability waivers from individual volunteers not working under the auspices of an incorporated volunteer organization. In no way is the release of liability and indemnification language designed to restrict the Town’s liability for volunteer activities. Rather, the purpose of the language is to provide both the Town and the volunteers assurance that, if they abide by the terms and conditions of their defined duties, they are covered for and immune from liability for any of their acts or omissions, including any negligent act or omission, pursuant to the terms and conditions of the Colorado Governmental Immunity Act. 3) Volunteer Application, Selection and Background Checks To ensure a safe environment exists for Town volunteers, Town employees and citizens, anyone interested in becoming a Town volunteer is required to undergo an application and selection process. In addition, a background check, to be administered by Human Resources, will be required for any volunteer whose duties encompass: 1) handling money; 2) working with youth; 3) working with seniors; 4) operating a motor vehicle as part of Town operations; and/or 5) handling confidential information. For Town Board-appointed committee and board volunteers, background checks will be administered for finalists only. All volunteers for the Police Department are required to undergo a comprehensive background check administered by Police Department staff. 4) Alcohol and Drugs The use of alcoholic beverages or non-medicinal drugs by a Town volunteer while on duty is prohibited.    14 5) Vehicle Usage Those who will be driving their own vehicles while volunteering for the Town must annually provide proof of insurance and proof of a valid Colorado driver’s license with a good driving record. Under no circumstances will privately-owned vehicles be fueled at Town pumps. Under certain circumstances non-Town employees may operate Town vehicles. The volunteer should consult his/her supervisor for guidelines. In the event a volunteer is in an accident involving a vehicle while performing volunteer duties, the volunteer will immediately contact the Estes Park Police and the volunteer’s supervisor. The volunteer should request that all parties to the accident remain at the scene until a law enforcement representative releases them. The volunteer must report the accident to his/her supervisor as soon as possible, but no later than twenty-four hours. Volunteers should refrain from discussion of the accident with anyone other than the investigating police officer, appropriate Town officials, representatives of the insurance company designated by the Town, and/or representatives of the volunteer’s own insurance company. If towing is required, the volunteer must contact his/her supervisor for prior authorization. Town vehicles may not tow personal vehicles; therefore, a commercial towing business must be contacted and the bill submitted to the volunteer’s supervisor. 6) Harassment The Town of Estes Park is committed to a workplace free from harassment. Each employee and volunteer has the right to work in a professional atmosphere which promotes equal opportunities and prohibits discriminatory practices, including harassment based upon age, disability, religion, national origin, or sex. At the Town, sexual harassment, whether verbal, physical, or environmental, is unacceptable and will not be tolerated. 7) Work Place Violence The Town of Estes Park strives to maintain a work environment free from intimidation, threats, or violent acts. This includes, but is not limited to, intimidating, threatening or hostile behaviors; physical abuse; vandalism; arson; sabotage; use of weapons; bringing weapons into the workplace; or any other act, which in management’s opinion, is inappropriate to the workplace. 8) Volunteer Safety Volunteers have a responsibility to understand and follow all Town rules and safety standards; become familiar with the safe and proper use of equipment; and operate all equipment in a safe and careful manner. Volunteers should contact their supervisors if unfamiliar with how to perform a task or to use a piece of equipment safely.    15 Volunteers must report unsafe working conditions to their supervisors immediately. Volunteers should contact their supervisors for the location of first aid and automatic external defibrillator (AED) stations. If an accident occurs, the volunteer must immediately report it to his/her supervisor. If medical treatment is needed, the Town of Estes Park has designated the Timberline Medical Center and Family Medical Center as the providers of treatment for all work- related illnesses and injuries. Any Town volunteer who is injured on duty must seek treatment at one of these locations. If neither center is open, treatment may be obtained at the Estes Park Medical Center Emergency Room. 9) Emergency Cases In cases of life-or-limb injuries, volunteers are required to obtain treatment at the Estes Park Medical Center. A physician will be assigned to the case and all paperwork will be done at the center. The volunteer will receive a pink copy of the medical center form. This is to be turned in to the supervisor, who submits it to the Town’s Human Resource office. 10) No Pain Injury If a volunteer has been injured on duty, even if there is no pain at the immediate time of the accident, it must be reported to the supervisor and a first report of injury form must be filed. This protects the Town and volunteer in the event that an injury develops into something larger at a future date. It is safer to report an injury and have a claim number assigned, than to wait and possibly jeopardize the volunteer’s benefits later on. The volunteer’s supervisor must submit the first report of injury form to the Town’s Human Resource office within twenty-four hours. 11) Accidents Involving Others Should a guest or customer be injured during a volunteer shift, the volunteer should follow these guidelines: a. Do not leave the victim unattended. b. Notify the supervisor immediately and medical personnel as needed. c. Attend to the victim only to the level of current emergency medical certification. d. Use appropriate precautions (such as gloves and masks). Gloves must be worn when blood or other body fluids are present. e. Do not administer medication of any kind. f. Do not perform any surgery, including microsurgery (the use of tweezers). g. Do not attempt to diagnose the illness or injury. h. After the victim has been stabilized or transported, fill out the Notification of Injury form (Appendix A) and give it to the supervisor. This is mandatory. i. Do not release any information regarding the incident to anyone other than the supervisor, police or paramedics. j. Additional information on emergency procedures is available from the supervisor.    16 12) Scheduling and Meetings For some volunteers, particularly those not appointed by the Town Board, the staff supervisor will coordinate the work schedule. In some departments, this is done through volunteer schedulers. The volunteer informs the scheduler of availability. Once the schedule is set, it is the volunteer’s responsibility to either be at the shift, or find another qualified volunteer to substitute. In addition to regular work shifts, volunteers may be asked to attend trainings and meetings throughout the year. It is important to attend these meetings. They provide volunteers with the chance to get information about Town of Estes Park activities, review issues, and provide feedback about the areas in which they work. All volunteers are encouraged to attend the Town of Estes Park’s Citizens Information Academy when available. This thirty-hour course provides volunteers with invaluable information concerning Town operations and Town government. 13) Uniforms and Protective Personal Gear Some volunteers are expected to wear uniforms and nametags, if provided, whenever they volunteer. If protective personal gear is assigned, it is to be worn as required. For non-uniformed volunteers, dress and grooming should be appropriate for the position and duties. 14) Electronic Media Access Policy Volunteers authorized to use Town computers must adhere to the Town’s Electronic Media Access Policy. The purpose of this policy is to ensure that users of the Town of Estes Park’s email, internet, voice mail, electronic facsimile (fax), bulletin boards and electronic subscription services are aware of privacy, security, public records, and legal issues related to the usage of the Town’s systems, and to ensure that requests for information stored in the aforementioned formats are complied with as provided by law. See Appendix C for the full policy. 15) Volunteer Conduct Volunteers will conduct themselves, at all times, in a manner which reflects favorably on the Town. See Appendix C for pertinent Town policies and procedures. Failure to follow Town policies and procedures could result in the immediate suspension of Town volunteer privileges. The Town reserves the right to terminate a volunteer without cause.    17     Appendix A: Volunteer Forms Volunteer Release of Liability and Indemnification VOLUNTEER ACTIVITIES RELEASE AND INDEMNIFICATION - TOWN OF ESTES PARK I. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT: PARTICIPANT MUST READ CAREFULLY BEFORE SIGNING In consideration for being permitted to perform the below-described volunteer activities for the Town of Estes Park, I hereby acknowledge, represent, and agree as follows: A. I understand that said activities are or may be dangerous and do or may involve risks of injury, loss, or damage. I further acknowledge that such risks may include but not be limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage. I acknowledge that such risks may arise from a variety of foreseeable and unforeseeable circumstances connected with my volunteer activities, including but not limited to the following: Activities to be performed: _______________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Risks of such activities include but are not limited to: __________________________________ ______________________________________________________________________________ ______________________________________________________________________________ By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby expressly assume all risk of injury, loss, or damage to me arising out of or in any way related to the above-described activities, whether or not caused by the act, omission, negligence, or other fault of the Town, its officers, employees, agents, volunteers, or by any other cause. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby waive, exempt, release, and discharge the Town, its officers, employees, and/or volunteers from any and all claims, demands, and actions for such injury, loss, or damage, arising out of or in any way related to the above-described activities, whether or not caused by the act, omission, negligence, or other fault of the Town, its officers, employees, volunteers, or by any other cause, excepting only the willful and wanton conduct of the Town’s officers or employees. ______________ (Participant initials here) ______________ (If Participant is under 18 years old, Parent initials here)    18 B. I agree to defend, indemnify and hold harmless the Town, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, including any third party claim asserted against the Town, its officers, employees, insurers, or self-insurance pool, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, in any way related to, any act, omission, negligence, or other fault of myself arising from any act or omission occurring outside the performance of my authorized volunteer duties (scope of my employment). ______________ (Participant initials here) ______________ (If Participant is under 18 years old, Parent initials here) C. I hereby acknowledge and agree this RELEASE AND INDEMNIFICATION AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado. If any portion hereof is held invalid, it is further agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further understand and acknowledge that the Town, its officers, and its employees are relying on, and do not waive or intend to waive by any provision of this RELEASE AND INDEMNIFICATION AGREEMENT, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as amended, or otherwise available to the City/Town, its officers, or its employees. D. I understand and agree that this RELEASE AND INDEMNIFICATION AGREEMENT shall be governed by the laws of the State of Colorado, and that jurisdiction and venue for any suit or cause of action under this Agreement shall lie in the courts of Larimer County, Colorado. E. This RELEASE AND INDEMNIFICATION AGREEMENT shall be effective as of the date set forth below and shall be binding upon me, my successors, representatives, heirs, executors, assigns, and transferees. ______________ (Participant initials here) ______________ (If Participant is under 18 years old, Parent initials here) II. PARTICIPANT SIGNATURE AND DATE: Participant - Print Name:_______________________ Participant’s Signature:________________________ Date of Signature:__________________ III. IF PARTICIPANT IS UNDER 18 YEARS OLD, PARENT SIGNATURE AND DATE: By initialing above and signing below, I acknowledge that I am the parent of the above-named Participant as the term “parent” is defined in C.R.S. Section 13-22-107(2)(b), and I hereby waive and release any prospective claim of the Participant against the Town, its officers, and its employees for negligence, to the extent provided in C.R.S. Section 13-22-107(3) & (4), in connection with the above- described activities. Parent - Print Name:_______________________ Parent’s Signature:________________________ Date of Signature:__________________    19 Volunteer Written Notification of Injury    20 Police Background Check    21      22 Town of Estes Park Volunteer Application Position Applied For: ___________________________________________________ INSTRUCTIONS: Please complete this application in its entirety. Type or print legibly and accurately. No  action will be taken on this application until all questions have been answered. If the space provided is  not adequate, add another page and identify the additional information by item number. Resumes may  be submitted as additional detail but not in place of information requested.   Name (Last, First, Middle)    Other names by which you are (or have been) known:   Mailing Address (include City, State, Zip):  Home Address (if different than mailing address):  How long have you resided at the address listed?    Prior address(es) and length of residence if you’ve lived at the address listed above for less than 4 years:    Home Phone:  Cell Phone: Email Address:   Current Employer: Address of Current Employer:    Current Position: Length of Current Employment:    Are you 18 years of age or older? … Yes  … No How did you hear about this position?  If previously employed by the Town of Estes Park, list dates and position(s):    Do any relatives work for the Town of Estes Park? … Yes … No          List Name(s) and Relationship:    Highest Grade Completed: College and Degree/Major: Trade School or  Licenses/Certifications:  Are you currently serving on another Town of Estes Park Board or Committee? … Yes … No       List:    To insure a safe environment exists for Town volunteers, Town employees and citizens, anyone interested in  becoming a Town volunteer is required to undergo an application and selection process. In addition, any  volunteer who will 1) handle money; 2) work with youth; 3) work with seniors; 4) operate a motor vehicle as  part of Town operations; or 5) handle confidential information will be required to undergo a background check  to be administered by the Town’s Human Resources. All volunteers for the Police Department are required to  undergo a comprehensive background check administered by the Police Department. For Town Board‐ appointed Board or Committee applicants, background checks will be administered for finalists only.   FOR OFFICIAL USE ONLY:  Date Received_________     23   TO BE COMPLETED BY STAFF:  This position involves one or more of the following and therefore requires a background check:  …Handling Money …Working with Youth …Working with Seniors …Operating a Motor Vehicle as part of Town operations …Handling Confidential Information …Volunteering for the Police Department     Please read the following, date and sign this application.  Date of Birth and Social Security Number are  required to conduct the criminal background check. I certify that the facts and statements contained in  this volunteer application and background check are true and correct.  I further understand that false  statements shall be sufficient cause for rejection of this application.  I further certify that I have not been  convicted of a felony under the laws of Colorado or in another jurisdiction.  If required for this position, I  authorize the Town of Estes Park to conduct a criminal background investigation with the understanding  that any felony conviction found will become a matter of public record.  I further understand and  acknowledge my rights under federal privacy laws, including the Privacy Act of 1974 with respect to  access and disclosure of information, and hereby waive such rights with the understanding that any and  all information furnished will only be used in connection with consideration of this application. If I  become a board member, this form will be valid for the period of my term.    Signature:  ___________________   Date: __________ DOB:___________ SS#____________________      November 2, 2011     24    25    26     Appendix B: Volunteer Descriptions I. Town Board-Appointed Volunteers 1) Estes Park Building Codes Board of Appeals General: The Estes Park Building Codes Board of Appeals consists of five volunteer members who serve staggered five-year terms. All members are appointed by the Town Board. Authority: The Estes Park Building Codes Board of Appeals is established by the adoption of the International Building Codes. The Estes Park Building Codes Board of Appeals exercises the authority given to them by the Town Board, as described in the 2009 International Building Code, as summarized below: 1. The Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the International Building Codes and/or of the Town floodplain regulations contained within the Estes Park Municipal Code. 2. The Board of Appeals shall determine if the intent of the codes or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of the codes do not fully apply, or if an equally good or better form of construction has been proposed. 3. The Board of Appeals shall not have the authority to waive requirements of the codes. (From 2009 IBC SECTION 113 BOARD OF APPEALS) ESSENTIAL FUNCTIONS The primary functions of the Building Codes Board of Appeals are: 1. Quasi-Judicial a. In accordance with the International Building Code, to make quasi-judicial decisions on appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the International Building Codes and/or of the Town floodplain regulations contained within the Estes Park Municipal Code. 2. Legislative a. To make recommendations to the Town Board for amendments to the International Building Codes, with policy direction from the Town Board. 3. Policy/Advisory a. To forward all decisions and findings in writing to the appellant with a duplicate copy to the building official.      27 Duties: 1. Be prepared for, attend, and participate in appeals of orders, decisions or determinations made by the building official. 2. Review appeals and research the codes to determine the correct application and intent. 3. Have a general knowledge of the 2009 International Building Codes and the Municipal floodplain regulations. 4. Have an awareness of, and willingness to understand, community values, the role of local government, and the social and economic characteristics of the Estes Valley. 5. Provide open public processes that respect due process for all stakeholders. 6. Represent and serve the Town of Estes Park. Additional Duties: 1. May serve as chair or vice-chair and fulfill roles described in the International Building Code. 2. May attend conferences and/or training sessions to develop in the role of a board member. 3. May attend other public meetings as deemed necessary. Skills and Abilities: The Board of Appeals shall consist of five individuals, one from each of the following professions or disciplines: a. Registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years' experience, five of which shall have been in responsible charge of work. b. Registered design professional with structural engineering experience. c. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. d. Registered design professional with electrical engineering experience or an electrical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. e. Registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years' experience, five of which shall have been in responsible charge of work. The Town Administrator shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the Town Administrator.   Residency: There are no residency requirements to serve on the Building Codes Board of Appeals.    28 Restrictions: 1. No member of the Town Board or employee of the Town shall serve on the Building Codes Board of Appeals. 2. A member shall not hear an appeal, in which that member has a personal, professional or financial interest. Term: The Board of Appeals shall consist of persons appointed by the Board of Trustees of the Town of Estes Park as follows: 1. One for five years; one for four years; one for three years; one for two years; and one for one year. 2. Thereafter, each new member shall serve for five years or until a successor has been appointed. Minimum Time Requirement: The board shall meet upon notice from the chairperson, within forty-five (45) calendar days after the filing of an appeal, or as soon as possible thereafter given the availability of the Board of Appeals members for the appeals hearing, or at stated periodic meetings. Working Conditions/Physical and Mental Effort: This position primarily conducts business indoors (95%) completing tasks such as reading and reviewing applications, and participating in public meetings and hearings. This position requires a lengthy attention span and involves sitting (95%), walking and standing (5%). Site visits can involve inclement weather conditions and inspecting unimproved land. 2) Estes Park Building Authority General: The Estes Park Building Authority (EPBA) is a 501(c) (3) nonprofit organization created by the Town of Estes Park Board of Trustees in December, 1989. The purpose of the EPBA is to provide the Town with additional options to finance capital improvements projects and equipment purchases. The board has three citizen members and two Town staff. Staff members include the Town Administrator and Town Finance Officer. Restrictions: Directors must be Estes Park residents. Term: The director term of office is three years.    29 Time Requirement: There is to be at least one annual meeting, and special meetings may be called as needed. 3) Creative Sign Design Review Board General: The Creative Sign Design Review Board consists of five volunteer members who serve staggered three-year terms. All members are appointed by the Town of Estes Park Board of Trustees, including an alternate member. Authority: The Creative Sign Design Review Board was established by the Board of Trustees in 2010. The Creative Sign Design Review Board exercises the authority given to them by the Town Board, as described in Estes Park Municipal Code Chapter 17.66 Signs, i.e., Sign Code. ESSENTIAL FUNCTIONS The commissioners shall perform the duties, responsibilities, and obligations set forth in the Estes Park Municipal Code. The essential functions of the Creative Sign Design Review Board are: 1. Quasi-Judicial a. To hear Creative Sign Program requests. b. To hear requests for variances from provisions of the Sign Code. c. To hear appeals of staff decisions when the owner of a sign believes a decision, ruling, or order is factually or legally contrary to the Sign Code. 4) Estes Park Housing Authority Duties: The directors’ responsibilities include active involvement as advocates for the Estes Park Housing Authority (EPHA) in the community, assisting in the retention and development of housing opportunities. The Board of Directors is also responsible for assisting and directing staff in developing and assessing housing policies and procedures, and for investigating additional opportunities as they may arise. Supervision Received: Works under the direction of the Housing Authority Board President and guidance of the Executive Director of the Estes Park Housing Authority. Supervision Exercised: General oversight of the Executive Director.    30 ESSENTIAL FUNCTIONS The following are essential functions. The duties listed are not intended to be an exhaustive list of responsibilities or qualifications. As volunteers, the Board of Directors will need the ability to discern and perform other duties as requested and as program design and changes dictate. Duties: Performs duties as follows: 1. Follow Estes Park Housing Authority policy and procedures. 2. Enthusiastically promote programs and principles of the Estes Park Housing Authority. 3. Maintain confidentiality and apply discretion as to when, how, and with whom personal information is shared regarding clients. 4. Exhibit a high level of tolerance and self-control for a wide range of human emotion, behavior, and background. Following the Town of Estes Park’s anti- discrimination policy, treat all people with fairness, respect, and dignity. 5. Dependably perform other duties as assigned by the Housing Authority Board of Directors, Executive Director or the Town Board of Trustees. 6. Work on individual committees as assigned. Training: Annual training on board liability as related to the Board of Directors’ function. Other trainings as they arise. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Effective communication skills in both written and verbal forms required. b. Good standing in community, that which does not bring discredit to the Estes Park Housing Authority. c. Maintain positive working relationships with board members and staff, resolving all potential conflicts so that there will be no hindrance in accomplishing work goals. d. Ability to work effectively with widely diverse groups. e. Effective public speaking skills and abilities. f. Humbly apply conflict resolution skills in own life and relationships. g. Maintain phone and email capabilities for communication with staff. h. Possess ability to multi-task, converse appropriately on the phone and in person, while demonstrating flexibility and orderliness as it applies to organization skills and tasks. Special Requirements: Ability to deal with information in a confidential manner.    31 5) Local Marketing District Board of Directors General: The Estes Park Local Marketing District (LMD) consists of seven volunteer members who serve four-year terms. Two members are appointed by the Larimer County Board of County Commissioners; five by the Town of Estes Park Board of Trustees. Authority: The Estes Park Local Marketing District was jointly established by the Board of County Commissioners and the Town Board of Trustees in 2008 following the filing of a petition with the Town Clerk and Clerk of the Board of County Commissioners, signed by persons who own commercial real property in the service area of the proposed district; and approval by the electors of the proposed district. The Local Marketing District is a separate political subdivision and a public body politic and corporate of the state. The District is funded by the levying of a two percent marketing and promotion tax pursuant to the provisions of Section 29-25-112 C.R.S. The Local Marketing District Board of Directors exercises the authority given to them by the Town Board and Board of County Commissioners, as described in the 2008 Intergovernmental Agreement between the Town and County. Duties: The Board shall have all the duties, responsibilities, and obligations set forth in the Local Marketing District Act, section 29-25-101 et seq. C.R.S., including responsibility for filing an annual operating plan with the Town and County which identifies the services to be provided, and the marketing and promotion tax to be imposed, and which includes a budget. Mission/Vision/Values: The Estes Park Local Marketing District mission is to attract visitors to the district through effective and efficient marketing in order to drive year-round economic growth. The LMD vision is 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. LMD Values: Accountable, Ethical, Proactive, Respectful, Responsive, and Transparent. ESSENTIAL FUNCTIONS The Local Marketing District allows multi-jurisdictional marketing efforts to “promote the continued vitality of commercial business areas within local governments.” The district can provide services for the organization, promotion, marketing, and management of public events within the district; provide activities    32 in support of business recruitment, management, and development; and provide services coordinating tourism promotion activities. The revenue source for the district is a marketing and promotion tax which can be used to provide specified services; the revenue may not be used for any capital expenditures, with the exception of tourist information centers. MINIMUM QUALIFICATIONS Directors should be chosen from a pool of candidates that possess at least one of the following: 1. Lodging experience in Estes Park. 2. Restaurant experience in Estes Park. 3. Retail experience in Estes Park. 4. Marketing or public relations experience. 5. Tourism and business development experience. 6. Financial background. In addition, all candidates must possess: 1. Adequate time to devote to the duties. 2. Excellent oral and written communication skills. 3. Effective communication skills and the ability to get along well with other district board members and staff. 4. The ability to tolerate the inevitable criticism of leadership. 5. The ability to represent their constituents and avoid conflicts of interest. 6. Prior board experience would be helpful. 7. The understanding that success is dependent upon the LMD Board and Town Board working together. 8. Prior budgeting experience. 9. Knowledge and understanding of the principles of economic development. Residency: All appointees shall be residents of the service area of the district for at least one year prior to the appointment and shall continue to be residents of the service area during their entire term. Term: Each member shall serve a four-year term. Members may serve for more than one term but no more than two consecutive four-year terms. Minimum Time Requirements: One board meeting per month and one work session per month. Additional board meetings and/or work sessions may be scheduled as required. In the event any member misses three consecutive regular meetings or a total of four regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy.    33 6) Estes Park Tree Board General: The Tree Board’s mission is “to protect and promote trees for the present and the future.” Trees are an invaluable natural resource. When the Town of Estes Park became a Tree City USA in 1997, the Town Board recognized the importance of trees by creating the Tree Board. In addition to advising the Town Board on matters of public safety, the Tree Board works to help residents appreciate the value of trees, maintain the health of their own trees, and add to the beauty of the Estes Valley by planting trees as gifts or memorials. The Tree Board meets at 9 a.m. the first Friday of the month (September through June) in the Engineering Conference Room. Authority: The Tree Board operates under the authority of Town Ordinance No. 23-96, creating a Town Tree Board to Implement the Tree City Program. The Board consists of six citizens appointed by the Mayor with Town Board approval, and one Town Board representative. The term is four years. Duties: Performs duties as follows: 1. The Tree Board shall choose its own officers and make its own rules and regulations for the management of its duties. 2. It shall be the responsibility of the Tree Board to study, investigate, develop and administer a plan for the care, preservation, planting, replanting and removal of trees and shrubs in parks, along public streets and rights of way, and in other public areas of the Town. The Tree Board, when requested by the Town Board, shall consider, investigate, make findings, report and recommend on any matter referred to it by the Town Board. 3. The Tree Board may forward to the Town Board recommendations regarding public tree resources including, but not limited to, the following: Recommended distance trees may be planted from sidewalks and curb lines; recommended distances for planting of trees with regard to any street corner or fire hydrant; recommendations concerning the planting, pruning and maintaining of trees and shrubs necessary to insure public safety and/or to preserve and enhance the beauty of public grounds and streets; recommendations concerning any portion of a tree overhanging any public street or right of way with regard to obstruction of view or the public safety; recommendations concerning the removal of all dead, diseased or dangerous trees, broken or decayed limbs which constitute a safety hazard to the public. 7) Estes Valley Board of Adjustment General: The Estes Valley Board of Adjustment consists of five volunteer members who serve staggered three-year terms. Two members are appointed by the Larimer County    34 Board of County Commissioners; three by the Town of Estes Park Board of Trustees. An alternate member is jointly appointed by the Town and County. Authority: The Estes Valley Board of Adjustment was jointly established by the Board of County Commissioners and the Board of Trustees in 2000. The Estes Valley Board of Adjustment exercises the authority given to it by the Town Board and Board of County Commissioners, as described in the 2000 Intergovernmental Agreement between the Town and County, as summarized below. The Commission shall: 1. Perform the duties, responsibilities, and obligations of the Estes Valley Board of Adjustment set forth in the Estes Valley Development Code (EVDC); and perform the statutory responsibilities of the Town and County Board of Adjustment within the Planning Area. 2. The Estes Valley Board of Adjustment shall hear all variance requests pursuant to the terms and conditions of the EVDC. (From IGA Section IV.A Authority) ESSENTIAL FUNCTIONS The essential functions of the Board of Adjustment are: 1. Quasi-Judicial a. To hear requests for variances where it is alleged that the provisions of the Estes Valley Development Code inflict unnecessary hardship and practical difficulties upon the applicant. b. To hear appeals of staff decisions made in administering or interpreting the Estes Valley Development Code. (From EVDC Section 3.6.A Variances – Applicability and EVDC Section 12.1.C Enforcement and Penalties – Appeals of Final Decisions by Staff) 8) Estes Valley Library Board General: The name of this organization is the Board of Trustees of the Estes Valley Public Library District, Estes Park, Colorado. The Estes Valley Public Library District was established by a vote of eligible voters on November 8, 1988. It succeeds the Estes Park Public Library, a municipal library established by the Estes Park Town Board of Trustees on January 22, 1968. The Board is composed of seven trustees, appointed jointly by the Estes Park Town Board of Trustees and the Larimer County Board of County Commissioners for staggered terms of office. A trustee term of office is four years. A trustee who has completed two full four-year terms cannot immediately succeed himself or herself. Vacancies are filled for the remainder of unexpired terms as soon as possible in the manner in which trustees are regularly chosen. Appointees to the board shall be at least eighteen years of age and chosen from the residents within the legal service area of the Library. Authority: The Estes Valley Public Library District (Library) Board of Trustees (Board) operates under the authority of and according to the duties and responsibilities defined in the    35 Colorado Revised Statutes (CRS) Title 24, Article 90, Part 1; CRS 24-6-402 (Open Meetings Law); and other applicable statutes. Duties: The Board shall have all the duties, responsibilities, and obligations set forth in the Estes Valley Public Library District Board of Trustees By-laws, adopted and approved by the Library Board of Trustees on March 14, 2005 and revised on December 8, 2008 and June 20, 2011, and the Trustee Duties & Code of Ethics Policy adopted and approved by the Library Board of Trustees on March 14, 2005 and revised on December 8, 2008 and June 20, 2011. Trustee duties include, but are not limited to, the following: 1. Understand and be able to articulate the Library’s mission. 2. Prepare for, attend and participate in all Board meetings. 3. Determine or recommend Library policies. 4. Secure adequate funding and practice responsible fiscal management of the public money. 5. Maintain a positive relationship with the Library Friends and Foundation. 6. Become familiar with state library law and open meetings law. 7. Plan for the future of the Library. 8. Monitor and evaluate the overall effectiveness of the Library. 9. Promote the value of the Library and advocate for the Library in the community. 10. Establish and support a planned program of public relations. 11. Participate in statewide advocacy for library services. 12. Employ a highly qualified Library Director to manage the day-to-day operation of the Library. 13. Evaluate the director’s performance annually. ESSENTIAL FUNCTIONS Essential functions include, but are not limited to, the following: 1. The Board has the responsibility for the supervision, care, and custody of all property of the Library, including rooms or buildings constructed, leased, or set apart therefore. 2. The Board shall adopt such by-laws, rules, and regulations for its own guidance and policies for the governance of the Library as it deems expedient. The Board shall retain a qualified librarian who shall serve as the Library Director. The Board shall prescribe the Library Director’s duties and compensation. Upon the Library Director’s recommendation, the Board shall employ such other employees as may be necessary. 3. At the close of each calendar year, the Board, with assistance from the Library Director and staff, shall prepare and make a report to the Estes Park Town Board of Trustees and the Larimer County Board of County Commissioners showing the condition of its trust during the year, the sums of money expended, and the purposes of the expenditures and such other statistics and information as the Board deems to be of public interest.    36 4. The Board shall adopt a budget and make appropriations for the ensuing fiscal year as set forth in part 1 of article 1 of title 29, CRS, and have exclusive control and spending authority over the disbursement of Library funds as set forth in section 24-90-112 (2) (a). 9) Estes Valley Planning Commission General: The Estes Valley Planning Commission (EVPC) consists of seven volunteer members who serve staggered four-year terms. Four members are appointed by the Larimer County Board of County Commissioners; three by the Town of Estes Park Board of Trustees. Authority: The Estes Valley Planning Commission was jointly established by the Board of County Commissioners and the Board of Trustees in 1997. The Estes Valley Planning Commission exercises the authority given to them by the Town Board and Board of County Commissioners, as described in the 2000 Intergovernmental Agreement between the Town and County, summarized below. The Commission shall: 1. Have the duties, responsibilities, and obligations of the Town and/or County planning commissions set forth in the Colorado Revised Statutes, including responsibility for the Estes Valley Comprehensive Plan; and 2. Perform all the duties and responsibilities of a joint planning commission pursuant to the provisions of the EVDC. (From IGA Section III.A Authority and VIII. Duties and Responsibilities) ESSENTIAL FUNCTIONS The primary functions of the Planning Commission are: 1. Quasi-Judicial a. To make quasi-judicial decisions on land use (development) applications and appeals of administrative (staff) land use decisions within the Estes Valley Planning area in accordance with the Estes Valley Development Code. b. To forward recommendations on land use (development) applications to the Town Board or Board of County Commissioners in accordance with the Estes Valley Development Code. 2. Legislative a. To make recommendations to the Town Board and Board of County Commissioners on amendments to the Estes Valley Development Code, with policy direction from the Town Board and the Board of County Commissioners.    37 3. Policy/Advisory a. To advise the Town Board and the Board of County Commissioners on matters, including land use planning issues and processes, vision, and priorities; and to further address such issues as directed by the Town Board and the Board of Commissioners. b. To engage in comprehensive planning, as directed by the Town Board and Board of County Commissioners. Duties: 1. Be prepared for, attend, and participate in Planning Commission meetings, including study sessions. 2. Conduct site visits to view property proposed for development. 3. Have a general knowledge of the 2000 Intergovernmental Agreement, Planning Commission bylaws, Estes Valley Comprehensive Plan, and the Estes Valley Development Code. 4. Have an awareness of, and willingness to understand, community values, the role of local government, and the social and economic characteristics of the Estes Valley. 5. Provide open public processes that respect due process for all stakeholders. 6. Represent and serve the Estes Valley. Additional Duties: 1. May serve as chair or vice-chair and fulfill roles described in the Estes Valley Planning Commission bylaws. 2. May attend conferences and/or training sessions to develop in the role of a Planning Commissioner. 3. May attend other public meetings as deemed necessary. SKILLS AND ABILITIES There are no minimum skills and abilities that an applicant must have to be appointed as a Planning Commissioner; however, the following list has been identified as those skills and abilities that make a quality Planning Commissioner. a. Open mindedness, respect, and patience. b. Willingness to listen and learn. c. Ability to think in abstract terms. d. Willingness to contribute, e.g., to speak in a public forum. e. Ability to compromise and work within a team framework. f. Ability to balance private benefit with public good. g. Ability to consider facts related to an individual parcel and the effect of a development on the surrounding area and community as a whole. h. A rudimentary understanding of the development process. i. Ability to read drawings, blueprints, and architectural plans. j. The ability to sustain harmonious working relationships with other Planning Commission members, the Town Board, the Board of County Commissioners, residents, and the public. It is not critical to have training in    38 fields such as planning, architecture, law, civil engineering, geology, economics or demography. Residency: 1. All appointees of the Town shall be residents of the Town for at least one year prior to their appointment. 2. All County appointees shall be residents of the unincorporated portion of the Estes Valley Planning Area for at least one year prior to their appointment. 3. All members shall continue to be residents of their respective areas during their entire term. A County appointee of the EVPC residing in the area annexed by the Town may continue to serve the remainder of that member’s term (IGA III.C Residency). Restrictions: No member of the Town Board or Board of County Commissioners may serve as a member of the Planning Commission. Term: Each member shall serve a four-year term (IGA III.B Membership). Minimum Time Requirements: A minimum of one Planning Commission meeting per month frequently lasting at least five hours and meeting preparation time of at least two hours, including site visits. In the event any member misses three consecutive regular meetings or a total of four regular meetings in a calendar year, the Town or County may remove its appointed member. Working Conditions/Physical and Mental Effort: This position primarily conducts business indoors (95%), completing tasks such as reading and reviewing applications, and participating in public meetings and hearings. This position requires a lengthy attention span and involves sitting (95%), walking and standing (5%). Site visits can involve inclement weather conditions and inspecting unimproved land.    39 [THIS PAGE INTENTIONALLY LEFT BLANK]    40 II. Town Department Volunteers i. Community Development Department No department volunteers at this time. ii. Community Services Department ESTES PARK MUSEUM 1) Estes Park Museum Friends and Foundation, Inc. (EPMF&F) The purpose of the Estes Park Museum Friends & Foundation, Inc. is to support the Estes Park Museum’s programs and policies through fund raising activities, the publication of books and their sale together with other items in the Museum Shop, and the investment and management of endowments and other properties of funds received for non-profit purposes. The organization’s mission is to ensure that the Estes Park Museum is the premiere local history museum in Colorado. The Board of Directors manages the business of the EPMF&F. Authority: The Board of Directors has the general management and control of the Estes Park Museum Friends & Foundation, Inc. and adheres to a set of bylaws and to a Memorandum of Understanding (MOU) with the Town of Estes Park. Qualifications: The directors shall be members of the Estes Park Museum Friends & Foundation, Inc. and have an interest in Estes Park history. Members of the Estes Park Museum Friends & Foundation, Inc. fulfill duties established by the directors. Term: The normal term of a director is three years. A director’s term, unless filling a vacancy, will begin immediately following the August meeting of the Board of Directors. The board may elect a director to fill an unexpired term. Duties: The Estes Park Museum Friends & Foundation, Inc. seeks to further its mission and the mission of the Museum by providing funds for capital improvements, including maintenance of such improvements as appropriate, collections acquisitions, and other appropriate needs as outlined by the Museum Manager and agreed to by the Board of Directors. The Estes Park Museum Friends & Foundation, Inc. will maintain and make every effort to expand the membership base and is responsible for managing its own records such as correspondence and financial reviews and audits.    41 ESSENTIAL FUNCTIONS The following are essential functions. Any one position may not include all of the duties listed. Duties: 1. Attend Estes Park Museum Friends & Foundation, Inc. meetings, as assigned per committee role description. 2. Serve on Estes Park Museum Friends & Foundation, Inc. sub-committees, as assigned per committee role descriptions. 3. Perform various tasks including, but not limited to: a) Obtaining any required special events licenses. b) Shop sales and purchases. c) Maintaining and expanding the membership base. d) Creating and delivering Estes Park Museum Friends & Foundation, Inc. information, publications and Friends to Friends newsletter. Training: Receives training, as needed, on various duties related to the Estes Park Museum Friends & Foundation, Inc. by the Board of Directors. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability a. Effective communication skills. b. Knowledge or vested interest in the history of Estes Park. c. Good standing in the community, that which does not bring discredit to the Estes Park Museum Friends & Foundation, Inc. or the Town of Estes Park. d. Ability to maintain positive working relationships with committee members and Town of Estes Park staff. Supervision Received: Works under close supervision of Museum Management. Supervision Exercised: The Estes Park Museum Friends & Foundation, Inc. manages its fundraising volunteers. Special Requirements: As required by the Estes Park Museum Friends & Foundation, Inc. Experience: As required by the Estes Park Museum Friends & Foundation, Inc.    42 2) Other Museum Volunteers a. Museum Volunteer Research Assistant Performs professional-level research duties in collections. Supervision Received: Works under general guidance and direction of the Museum Curator of Education/Collections. ESSENTIAL FUNCTIONS The following are essential functions. Any one position may not include all of the duties listed: 1. Performs research to respond to public and internal requests using primary and secondary sources in the Museum’s collection. 2. Handles all Museum artifacts with regard to proper techniques. 3. Works closely with, and relays results of research to, the Curator of Education/Collections. 4. Performs related duties as assigned. b. Museum Exhibits Volunteer Assists the Museum Manager/Curator of Exhibits as needed. Some tasks/projects include: 1. Mounting and hanging text panels. 2. Painting walls. 3. Installation of display objects. 4. Construction of object mounts. 5. Rearranging walls and fixtures to accommodate new exhibits. The Estes Park Museum hosts three to four temporary exhibits per year. These exhibitions take place in the Main Gallery or the Historic National Park Service Headquarters building. Typically, two to four weeks are designated for taking down an existing exhibit and installing a new one. Volunteers are contacted on an “as needed” basis to help with this process. Volunteers must be able to lift up to 35 lbs. Carpentry skills are preferred, but not necessary. Creativity is encouraged. Reports to: Derek Fortini, Museum Manager/Curator of Exhibits Telephone: 970-577-3761 Email: dfortini@estes.org c. Museum Collections Volunteer Assists the Curator of Education/Collections as needed. Some tasks/projects include: 1. Scanning photographs and documents into a digital format. 2. Taking photographs of objects. 3. Working with the PastPerfect database.    43 4. Performing an inventory report on select storage units. 5. Assisting in accessioning new donations. 6. Creating indexes for photograph albums. Working in the Collections Department of the Museum can take place during staff office hours, which are generally 8 a.m. to 5 p.m. Monday through Friday. Hours are flexible and decided upon between the volunteer and curator. Volunteers in Collections must be able to work independently on a pre-arranged project. Attention to details is extremely important. There are several types of projects taking place in Collections. The curator makes every effort to match volunteers with tasks that are interesting for them. This is an opportunity to physically work with the Museum’s collection of artifacts that reflect Estes Park’s history. Reports to: Alicia Mittelman, Curator of Education/Collections Telephone: 970-577-3762. Email: amittelman@estes.org d. Museum Front Desk Volunteer Performs a variety of duties at the Estes Park Museum reception desk. Responsibilities: 1. Greeting Museum visitors. 2. Providing general information about the Museum and exhibits. 3. Selling books and gifts from the Museum Shop. 4. Using a cash register and a credit card machine. 5. Helping to open or close the Museum. 6. Taking phone messages. 7. Assisting the Museum staff as needed. The Museum is open May through October every day, Monday through Saturday, 10 a.m. to 5 p.m. and Sunday 1 p.m. to 5 p.m. Two volunteer shifts are needed every day but Sunday, when there is one four-hour slot. The morning shift runs from 10 a.m. to 1:30 p.m., and the afternoon shift runs from 1:30 p.m. to 5 p.m. Volunteers should commit to one 3.5-hour shift per week, preferably in the same time slot, but this is not required. Schedules are set one month in advance. Volunteers must call the Museum as early as possible if they cannot come in. Reports to: Alicia Mittelman, Curator of Education/Collections Telephone: 970-577-3762. Email: amittelman@estes.org e. Museum Hydroplant Docent Serves as tour guide for groups who schedule tours of the Fall River Hydroplant. Responsibilities: 1. Attending docent training. 2. Familiarization with background information. 3. Giving tours to groups at the Hydroplant. 4. Opening and closing the Museum, including setting the alarm.    44 5. Assists Museum staff as needed. 6. Selling Hydroplant-related books in the Hydroplant visitor center. 7. Handling cash, checks and receipts. The Estes Park Museum is looking for individuals interested in the history of hydropower and the Estes Park area to serve as tour guides for groups who schedule tours of the Hydroplant. Interested people should enjoy talking to groups. Tour guides will be responsible for opening and closing the Hydroplant. Training on opening and closing procedures and history of the Hydroplant and the area will be provided. Volunteers must be punctual and reliable, and must notify the Museum as early as possible if they will not be able to give a scheduled tour. The Historic Fall River Hydroplant is open to the public from the day after Memorial Day through the day before Labor Day under the guidance of the Estes Park Museum and the Town of Estes Park. The Hydroplant is open every day but Monday from 1 p.m. to 4 p.m., and by appointment during the rest of the year. Reports to: Curator of Education. f. Museum Hydroplant Volunteer Provides seasonal staffing of the Fall River Hydroplant. Responsibilities: 1. Greeting Hydroplant visitors. 2. Providing general information and orientation for the Hydroplant. 3. Making sales using either a cash register or a receipt book. 4. Opening and closing the Hydroplant, including setting the alarm. 5. Answering the telephone. 6. Assisting the Museum staff as needed. The Historic Fall River Hydroplant is open to the public from the day after Memorial Day through the day before Labor Day. It is operated by the Estes Park Museum and owned by Town of Estes Park. The Hydroplant is open every day but Monday from 1 p.m. to 4 p.m. during the season, and by appointment during the rest of the year. The Estes Park Museum is looking for volunteers who are interested in the history of the Estes Park area, and enjoy talking to people, to staff the Hydroplant for one three- hour shift per week. Volunteers will be responsible for opening and closing the Hydroplant, including arming and disarming the alarm. Training on opening and closing procedures, and on the history of the Hydroplant and the area, will be provided. Volunteers must be punctual and reliable, and must notify the Museum as early as possible if they will not be able to make a shift. Reports to: Curator of Education    45 ESTES PARK SENIOR CENTER 1) Estes Park Senior Citizens Center, Inc. The purpose of Estes Park Senior Citizens Center, Inc. is to support the Estes Park Senior Center’s programs and policies through fund raising activities and the investment and management of endowments or funds received for non-profit purposes. Estes Park Senior Citizens Center, Inc. participates with the Town of Estes Park in providing the current physical facility in which senior citizens in the Estes Park area may meet for social, educational and recreational purposes, and to provide an organization through which senior citizens may be provided with other appropriate services. The Board of Directors manages the business and affairs of Estes Park Senior Citizens Center, Inc. Authority: The Board of Directors has the general management and control of Estes Park Senior Citizens Center Inc. and adheres to a set of bylaws and to a Memorandum of Understanding (MOU) with the Town of Estes Park. Qualifications: The Directors of Estes Park Senior Citizens Center, Inc. must be members of their Corporation and have an interest in supporting the Estes Park Senior Center and its programs and services. Directors of Estes Park Senior Citizens Center, Inc. fulfill dues established by the Board. Term: The Board of Directors will consist of at least nine directors and not more than twelve elected from the Membership at large. Directors will be elected for staggered three year terms such that approximately one-third of the directors’ terms will expire each year. Directors will be elected by a majority vote of all members present and voting at the annual membership meeting. Each director will hold office until his or her successor has been elected. Directors will be removable in any manner provided by the Colorado Nonprofit Corporations Act. General: Estes Park Senior Citizens Center, Inc. seeks to further its mission and the mission of the Estes Park Senior Center by providing funds for capital improvements, including maintenance of such improvements as appropriate, and other appropriate needs as outlined by the Senior Center Manager and agreed to by the Board of Directors. Estes Park Senior Citizens Center Inc. is responsible for managing its own records such as membership, correspondence and financial reviews and audits. Supervision Received: Works under close supervision of Senior Center Management.    46 Supervision Exercised: Estes Park Senior Citizens Center, Inc. manages its fundraising volunteers. ESSENTIAL FUNCTIONS The following are essential functions. Any one position may not include all of the duties listed. Duties: 1. Attend Estes Park Senior Citizens Center, Inc. board meetings and any assigned committee meetings. 2. Actively participate on Estes Park Senior Citizens Center, Inc. standing or temporary Committees. 3. All committees will work in cooperation with the Senior Center Management. 4. Perform various tasks including, but not limited to: development of and participation in fundraising and endowment activities, maintaining and expanding membership base, and active participation in Senior Center events and programs. Training: ƒ Receives training, as needed, on various duties related to Estes Park Senior Citizens Center, Inc. by the Board of Directors. ƒ Receives training, as needed, on various functions of the Estes Park Senior Center from the Senior Center Manager. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Effective communication skills. b. Knowledge or vested interest in working with and serving older adults. c. Good standing in the community, that which does not bring discredit to Estes Park Senior Citizens Center Inc. or the Town of Estes Park. d. Ability to maintain positive working relationships with Estes Park Senior Citizens Center, Inc. members, board and committee members and Town of Estes Park staff. Special Requirements: ƒ As required by the Estes Park Senior Citizens Center, Inc. Experience: ƒ As required by the Estes Park Senior Citizens Center, Inc.    47 2) Senior Center Meals on Wheels Drivers a. Driver Coordinator Volunteer utilizes a database of meals on wheels volunteer drivers. Volunteer maintains coverage for Meals on Wheels delivery routes using database. This person primarily works from his/her own home computer and telephone. Supervision Received: Works under direct supervision of the Senior Center Manager and/or Program Coordinator. Supervision Exercised: None. ESSENTIAL FUNCTIONS The following are essential functions of the volunteer position. Any one position may not include all of the duties listed: 1. Assists staff by maintaining the schedule of volunteers who drive for meal delivery. 2. Utilizes a database of contact information for route drivers. 3. Places and receives phone calls to and from drivers to maintain route coverage. 4. When MOW Driver Coordinator obtains a substitute, he/she emails the Senior Center staff with the substitute name, route and day and date. Coordinator also keeps a paper or written record or calendar of subs as well as keeping the email record. 5. Acts as a substitute meal delivery driver as able (waived for the volunteer who meets the other criteria); follows volunteer description for Meals on Wheels drivers when in that role. 6. Participates in on-going training at Senior Center and via written or email materials such as training packets and informational updates, and honors requests for driver’s license and insurance information as needed. 7. Acts as an ambassador for the Town of Estes Park with ethical and appropriate interactions with clients. 8. Offers ideas for improved instructions for route management. 9. When Coordinator is out of town, he/she notifies Senior Center staff. He/she also leaves a message on his/her answering machine with instructions for Meals on Wheels volunteers to call Senior Center staff. 10. Operates a motor vehicle safely and legally.    48 MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Ability to safely and legally drive own car and make meal deliveries. b. Ability to pass a safe driving record history and if needed, pass a background check. c. Ability to use own telephone and answering machine, and use own computer with email/Internet capability. d. Extremely reliable and organized with good attention to details. e. Knowledge and interest in senior citizen services and sensitivity to disabled population needs. f. Ability to establish and maintain effective relationships with senior adults, employees, supervisors and the general public. g. Ability to communicate effectively in English, both verbally and in writing. Education /Experience: ƒ Any combination of education and experience is considered. ƒ Must have safe driving record. Time Commitment: This volunteer position requires approximately one to four hours a week. b. Driver Drives own car within the Estes Park area to deliver noon meals on wheels to customers of the program. Supervision Received: Volunteer works under direct supervision of the Senior Center Manager and/or Program Coordinator. Supervision Exercised: None. ESSENTIAL FUNCTIONS The following are essential functions of the volunteer position. Any one position may not include all of the duties listed. Duties: 1. Arrives at Senior Center in own vehicle between 11:00 a.m. and 11:15 a.m. on assigned route day. 2. Loads coolers and/or food bags into own vehicle and examines route tags for names of recipients on the routes each day. 3. Follows driver instruction sheet to arrive at destinations; offers ideas for improved instructions or directions to homes as needed. The volunteer follows driver instruction sheets and training packets regarding tips for drivers.    49 4. Places call(s) to MOW Driver Coordinator and/or staff in advance to request substitutes for planned absences. 5. Places call(s) to MOW Driver Coordinator and/or staff to notify of illness or emergency. 6. Participates as a substitute driver as able. 7. Participates in on-going training at Senior Center and via written or emailed materials such as training packets and informational updates, and honors requests for driver’s license, background check, and insurance information as needed. 8. Acts as an ambassador for the Town of Estes Park with ethical and appropriate interactions with clients. 9. Operates a motor vehicle safely and legally. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Ability to safely and legally drive own car and make meal deliveries. b. Ability to pass a safe driving record history and if needed, pass a background check. c. Ability to use own telephone and answering machine. d. Extremely reliable and able to follow a schedule. e. Knowledge and interest in senior citizen services and sensitivity to disabled population needs; ability to serve these populations with care and compassion. f. Ability to establish and maintain effective relationships with senior adults, supervisors and the general public. g. Ability to communicate effectively in English, both verbally and in writing. Education /Experience: ƒ Any combination of education and experience is considered. ƒ Must have safe driving record. Time Commitment: This volunteer position requires approximately one to one-and-a-half hours a week per route. 3) Other Senior Center Volunteers a. Program Assistant Performs a variety of program- and event-related tasks for the Senior Center. Supervision Received: Volunteer works under direct supervision of the Senior Center Manager and/or Program Coordinator.    50 Supervision Exercised: None. ESSENTIAL FUNCTIONS The following are essential functions of the volunteer position. Any one position may not include all of the duties listed. 1. Assists staff with basic organizational and office tasks which may include filing, photocopying, preparing mailings, and distributing flyers, answering telephone, preparing and folding brochures or other office related tasks. 2. Assists staff with basic functions of the program office such as phone calls to participants, data entry and data management, program set-up and clean-up, program, class and trip registrations, participant check-in, and other related tasks. 3. Assists staff with planning and developing programs and day trips. 4. Participates in on-going training. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Ability to learn to use Senior Center computer, copier, and printers. b. Ability to manage a simple database – either written or computerized or both - of names and addresses, etc. c. Ability to use own telephone and answering machine, and use own computer as needed with email/Internet capability. d. Extremely reliable and organized with good attention to details. e. Ability to communicate effectively in English and ability to use proper grammar skills and an understanding of personal and professional letter writing. f. Ability to establish and maintain effective relationships with senior adults, employees, supervisors and the general public. g. Ability to maintain confidentiality of private or personal information as it relates to donors, gifts, etc. Education /Experience: Any combination of education and experience is considered. Time Commitment: This volunteer position requires approximately four to ten hours a week. b. Reception Desk Volunteer Performs a variety of duties at the Estes Park Senior Center reception desk. Supervision Received: Volunteer works under direct supervision of the Senior Center Manager and/or Program Coordinator.    51 Supervision Exercised: None ESSENTIAL FUNCTIONS The following are essential functions of the volunteer position. Any one position may not include all of the duties listed. Duties: 1. Acts as main desk receptionist at the Senior Center to create a welcoming first impression for visitors to the site. 2. Answers phone, takes and delivers messages, directs visitors, welcomes guests, etc. 3. Handles funds for a variety of Senior Center procedures: collects and accounts for money for meals, program fees and /or program tickets, sells meal tickets, etc., using established procedures and methods. 4. Follows established procedures in volunteer training and reference materials. 5. Engages hospitality hosts and staff as needed for greeting new customers. 6. May assist staff and Senior Center Inc. Board with other basic office tasks as needed such as photocopying, preparing mailings, distributing fliers, and folding brochures. 7. Participates in on-going training and offers ideas for improving customer service at the Senior Center. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Ability to learn to use Senior Center telephones and answering machines. b. Ability to work in a fast paced environment and sometimes noisy environment with multiple tasks. c. Extremely reliable and organized with good attention to details. d. Ability to keep records and account for funds using established procedures. e. A good sense of humor, good customer service skills and an outgoing personality are helpful in dealing with large numbers of people. f. Ability to communicate effectively in English. g. Ability to establish and maintain effective relationships with senior adults, supervisors and the general public. h. Must pass background check. Education /Experience: Any combination of education and experience. Time Commitment: The regular weekly desk volunteer position requires approximately one day a week from 9:00 am to 1:30 p.m. A free lunch is provided for the desk volunteer by the food service contractor. A desk substitute volunteer will be called as needed to fill in for absences.    52 FAIRGROUNDS/EVENTS 1) Estes Park Western Heritage, Inc. General: The purpose of Estes Park Western Heritage Inc. (EPWH), a nonprofit corporation, is to promote the western culture and preserve the western heritage of the Estes Valley by producing and supporting activities for the education and enjoyment of its residents and visitors. EPWH provides support for the Rooftop Rodeo and the Rooftop Royalty Scholarship Fund. Event Description: The Rooftop Rodeo is an annual Professional Rodeo Cowboys Association (PRCA) sanctioned event that showcases bareback bronco riding, team roping, saddle bronco riding, tie-down roping, steer wrestling, barrel racing, and bull riding, as well as mutton bustin’ and a calf catch for youth. Vendors, behind-the- chutes tours, and entertainment are available throughout the event. The Rooftop Rodeo also encompasses the annual breast cancer benefit golf tournament, antique show, and queen’s dance, and promotes the sport of rodeo throughout the year. Authority: The Board of Directors has the general management and control of Estes Park Western Heritage, Inc. and adheres to a set of bylaws and to a Memorandum of Understanding (MOU) with the Town of Estes Park. Duties: Assists and performs in a variety of assignments in relation to Rooftop Rodeo and works with the Town of Estes Park Events staff to develop, promote, and conduct the annual Rooftop Rodeo. Supervision Received: Works under the close supervision of Events and Fairgrounds Management. Supervision Exercised: Supervises sub-committee members as assigned. MINIMUM QUALIFICATIONS Estes Park Western Heritage, Inc. is comprised of five membership categories: Active Members, Senior Members, Intern Members, Honorary Members, Junior Members; and the Special Events Manager. All members shall have: 1. An interest in any aspect of the sport of Rodeo. 2. A commitment to the purpose of the Committee.    53 3. A willingness to actively assist the Committee in carrying out its purpose and objectives. 4. A commitment to participate in Rooftop Rodeo events and activities. Membership Criteria All categories of membership shall be open to anyone eighteen (18) or over (except Junior Members, who are ages eleven (11) through seventeen (17)) who is a resident within Park School District R-3. In addition, up to twenty-five percent (25%) of Active Members may be non-residents of Park School District R-3. Term: Members will be voted upon by the organization at the August and February Committee Meetings. ESSENTIAL FUNCTIONS The following are essential functions. Any one position may not include all of the duties listed. Duties: 1. Duties are specific to each position and are described in the bylaws. General duties are to assist and perform in a variety of assignments in relation to the Rooftop Rodeo and work with the Town of Estes Park Events Department to develop, promote, and conduct the annual Rooftop Rodeo. 2. Attend meetings as assigned. 3. Serve on Rooftop Rodeo sub-committees, as assigned per committee. 4. Perform various tasks including, but not limited to: ticket sales; soliciting sponsors; organizing the Royalty program, staff rodeo and rodeo parade; and distributing advertising. 5. Assist with the set-up and tear-down of Rooftop Rodeo and Rooftop Rodeo- related events. Training: Receives training, as needed, on various duties related to Rooftop Rodeo. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Effective communication skills. b. Good standing in the community, that which does not bring discredit to the Rooftop Rodeo or the Town of Estes Park. c. Ability to maintain positive working relationships with members and Town of Estes Park staff. Special Requirements: As required by Estes Park Western Heritage, Inc.. Experience: As required by Estes Park Western Heritage, Inc..    54 1) Elk Fest Committee Works directly with the Town of Estes Park Events Department to develop, promote, and conduct the annual Estes Park Elk Fest. Supervision Received: Works under close supervision of Events and Fairgrounds Management. Supervision Exercised: None ESSENTIAL FUNCTIONS The following are essential functions. Any one position may not include all of the duties listed. Duties: 1. Ticket sales. 2. Office support. 3. Entertainment/contest organization. 4. Soliciting sponsors. 5. Handing out fliers and advertisements. 6. Set-up/tear-down. 7. Other duties as requested by Events and Fairgrounds Management. Training: The volunteer will receive training, as needed, on a variety of duties as assigned. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Ability to attend Elk Fest meetings. b. Effective communication skills, written and verbal. c. Good standing in the community, that which does not bring discredit to the Elk Fest or the Town of Estes Park. d. Maintain positive working relationships with committee members and Town of Estes Park staff. Special Requirements: Volunteers must be able to commit to working both days of Elk Fest. Experience: None required. 2) Wool Market Volunteer Assists and performs in a variety of assignments in relation to Wool Market.    55 Supervision Received: Works under close supervision of Events and Fairgrounds Management, and receives guidance or instruction, as needed, from Wool Market superintendents. Supervision Exercised: None. ESSENTIAL FUNCTIONS The following are essential functions. Any one position may not include all of the duties listed. Duties: 1. Assist in the loading, unloading, and set-up of Wool Market workshop classes. 2. Assist in the registration and/or organization of Wool Market class participants, vendors, and show participants. 3. Assist show superintendents with the organization of score sheets and ribbons. 4. Provide public with directions and information. 5. Prepare vendor, workshop, and show packets, per Events office direction. 6. Provide instructional demonstrations. 7. Assists Events and Fairgrounds management and superintendents in the selection of workshops and vendors Training: Receives training, as needed, on various duties related to Wool Market. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Effective communication skills. b. Good standing in the community, that which does not bring discredit to the Estes Park Wool Market or the Town of Estes Park. c. Maintain positive working relationships with other Wool Market volunteers and Town of Estes Park staff. Special Requirements: As assigned. Experience: As assigned.    56 VISITOR SERVICES 1) Ambassadors of Estes Park We are volunteers who assist visitors at the Estes Park Visitor Center. Our mission is to provide a warm welcome along with providing, to the best of our knowledge, accurate information to visitors to help them have an enjoyable and memorable time in the Estes Valley. Authority: The Ambassadors of Estes Park is a Colorado private sector volunteer organization which has a Memorandum of Understanding (MOU) with the Town of Estes Park, and a set of approved bylaws. Duties: Duties are fully described in the MOU and bylaws; a summary is as follows: Ambassadors should: 1. Complete Ambassador orientation and on-site training. 2. Attend monthly Ambassador meetings, annual training, and tours. 3. Wear the official Ambassador name tag. 4. Wear red shirt or vest while on duty. 5. Refer to current information on white board, Need to Know Book, & Rocky Mountain National Park board before shift. 6. Be responsible for obtaining own sub when necessary and report that sub’s name to a Visitor Services staff member. 7. Maintain record of volunteer hours. 8. Use only Town-approved materials. 9. Ambassadors who are on the sub-only list are encouraged to attend monthly Ambassador meetings, annual training and tours. 10. An Ambassador shall submit a letter of resignation when he/she decides to leave the Ambassador group. iii. Finance Department No department volunteers at this time. iv. Police Department 1) Police Auxiliary Assists department with duties as assigned and directed. Serves as a liaison between the department and the community while promoting and incorporating community policing philosophy and practices.    57 Supervision Received: Works under the immediate supervision of the Community Services Manager and falls into the structure and supervision of the specific unit they are assisting at any given time. Supervision Exercised: None other than what rank within the unit requires. ESSENTIAL FUNCTIONS The following are essential functions; the duties listed are not intended to be an exhaustive list of responsibilities or qualifications. As volunteers, the Auxiliary Members will need the ability to discern and perform other duties as requested and as program design and changes dictate, and as their willingness allows. Duties: 1. Follow Estes Park Police Department Auxiliary Manual, including annual volunteer hour requirement. 2. Follow Chain of Command as established in Auxiliary Manual and Estes Park Police Department Policy Manual. 3. Dependably and punctually assist with special events, large scale incidents, or investigations. 4. Serve as extra “eyes” and “ears” for Estes Park Police Department, as ambassador and liaison between department and community. 5. Assist with projects/activities as outlined in Auxiliary Manual while maintaining flexibility and responding, when possible, to department and community needs. 6. Deploy Traffman and assist with traffic studies responsibly. 7. Loyally maintain confidentiality for cases, persons, and circumstances involved with department. Training: Receives training as follows: 1. Town and departmental policies and procedures, as it relates to Auxiliary Unit and special assignments. 2. Police Auxiliary Manual and Policy. 3. Auxiliary Academy. 4. Citizen’s Police Academy. 5. All items outlined and required in Police Auxiliary Manual, pertaining to level system and advancement, including mentoring. 6. Monthly in-service trainings.    58 MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Effective communication skills in both written and verbal forms in English. b. Good standing in community, that which does not bring discredit to the Auxiliary Unit, the Estes Park Police Department, or the Town of Estes Park. c. Maintain positive working relationships with Auxiliary members, Auxiliary Command Staff, and department employees, resolving all potential conflicts so that there will be no hindrance in accomplishing work goals. d. Ability to work effectively with widely diverse groups and individuals. e. Effective public speaking skills and abilities. f. Maintain phone and email capabilities for communication with unit. g. High level and demonstration of trustworthiness to access police building and records, as needed, particular to assigned cases. h. Ability to work effectively with other law enforcement agencies and professionals within the community. i. Possess ability to multi-task, converse appropriately on the phone and in person, while demonstrating flexibility and orderliness as it applies to organization skills and tasks. Special Requirements 1. Be at least 21 years old. 2. Have completed or be willing to complete Citizen’s Police Academy. 3. Be capable of standing or walking for four hours. 4. Satisfactorily (according to Unit Command and Department Command Staff) complete background investigation, ultimately determined by Chief of Police. 5. No felony convictions and no outstanding warrants. 6. Have an acceptable record as it relates to overall criminal and community involvement that would promote acceptance by unit, employees, and community. 7. Successfully complete Auxiliary Unit admission interview and be chosen to serve by the panel and ultimately the Chief of Police. a. Police Chaplain Assists department employees or volunteers with pastoral needs; aiding in the understanding of life events as they relate to their spiritual and emotional well- being; providing spiritual support to the law enforcement community of Estes Park. Supervision Received: Works under the immediate supervision of the Community Services Manager and falls into the structure and supervision of the specific unit they are assisting at any given time; while participating as a part of the Auxiliary Police Unit.    59 Supervision Exercised: None other than the designated “Head Chaplain” will assist in decision making, give voice as to bringing on new Chaplains or letting go of current Chaplains and relaying of information to other Chaplains as needed and/or requested. ESSENTIAL FUNCTIONS The following are essential functions; the duties listed are not intended to be an exhaustive list of responsibilities or qualifications. As volunteers, Chaplains will need the ability to discern and perform other duties as requested and as program design and changes dictate, and as their willingness allows. Duties: Performs duties as follows: 1. Follow Estes Park Police Department Auxiliary Manual and Police Auxiliary Policy as it relates to Chaplain program. 2. Respect and follow Chain of Command as established in Auxiliary Manual and Estes Park Police Department Policy Manual. 3. Dependably and punctually assist with special events, large scale incidents, or investigations when called and circumstances allow. 4. Serve as extra “eyes” and “ears” for Estes Park Police Department, as ambassador and liaison between department and community. 5. Spend a minimum of four hours per month with police employees and volunteers. 6. Build positive and effective relationships with all police personnel so that they will engage when needed. 7. Participate in pastoral care for employees and volunteers and their families. 8. Loyally maintain confidentiality for cases, persons, and circumstances involved with department. 9. Focus on assisting police personnel in coping with trauma associated with their work and helping employees avoid depression, post traumatic stress disorder and other similar conditions. 10. Make recommendations of other resources to employees/volunteers. Training: Receives training as follows: 1. Town and departmental policies and procedures, as it relates to Auxiliary Unit and special assignments. 2. Police Auxiliary Manual and Policy. 3. Auxiliary Academy when possible. 4. Citizen’s Police Academy. 5. Monthly in-service trainings offered but not required.    60 MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability a. Effective communication skills in both written and verbal forms in English. b. Good standing in community, that which does not bring discredit to the Auxiliary Unit, the Estes Park Police Department, or the Town of Estes Park. c. Maintain positive working relationships with Auxiliary members, Auxiliary Command Staff, and department employees, resolving all potential conflicts so that there will be no hindrance in accomplishing work goals. d. Ability to work effectively with widely diverse groups and individuals. e. Effective public speaking skills and abilities. f. Maintain phone and email capabilities for communication with unit. g. High level and demonstration of trustworthiness to access police building and records, as needed, particular to assigned cases. h. Ability to work effectively with other law enforcement agencies and professionals within the community. i. Possess ability to multi-task, converse appropriately on the phone and in person, while demonstrating flexibility and orderliness as it applies to organization skills and tasks. Special Requirements 1. Be at least 21 years old and be ordained as a minister. 2. Have completed or be willing to complete Citizen’s Police Academy. 3. Be capable of standing or walking for four hours. 4. Satisfactorily (according to Unit Command and Department Command Staff) complete background investigation, ultimately determined by Chief of Police. 5. No felony convictions and no outstanding warrants. 6. Have an acceptable record as it relates to overall criminal and community involvement that would promote acceptance by unit, employees, and community. 7. Successfully complete admission interview and be chosen to serve by the panel and ultimately the Chief of Police. b. Police Front Window/Customer Service Volunteer Provides the public with general information and assistance with regard to questions concerning the community of Estes Park, municipal layout and the Estes Park Police Department. The volunteer will be responsible for connecting the public with the appropriate resource employees within the department, such as police, dispatch, and records or with others outside the department when appropriate.    61 Supervision Received: Works under the immediate supervision of the Community Services Manager, outside of other volunteer teams. In the absence of the Community Services Manager, volunteer may ask other employees and volunteers for assistance as needed. Supervision Exercised: None. ESSENTIAL FUNCTIONS The following are essential functions; the duties listed are not intended to be an exhaustive list of responsibilities or qualifications. As volunteers, the Auxiliary Members will need the ability to discern and perform other duties as requested and as program design and changes dictate, and as their willingness allows. Duties: Performs duties as follows: 1. Remains friendly and positive while providing basic information to the public. 2. Diligently and benevolently explores resource options for individuals who come to the window in need. 3. Identifies the proper employee or volunteer to be of further service and follows through with alerting that individual to need and connecting the public. 4. Understands forms and location in order to provide them when needed. 5. Completes lost and found property reports as requested. 6. Receive payment for preliminary breath tests (PBTs) and notify necessary personnel to perform them. Training: Receives training as follows: 1. Applicable community information, location of resources, and resource manual. Maps and community/building layout. 2. Town and departmental policies and procedures, as it relates to Front Window/Receptionist responsibilities. 3. Location and information regarding various forms that are frequently requested. 4. Receipt and accounting information required to collect fees for PBTs and Records requests. 5. Use of copy machine, phone, and other office equipment as needed. 6. Roles within the police department in order to identify employees/volunteers to be of further assistance to the public request. 7. Use and distribution of appropriate forms as they relate to needs of the public. 8. Lost and found property reports procedures and documentation. 9. How to ask and record vital information that will be requested by dispatch and/or police officers. 10. PBT administration and payment procedures.    62 11. Records requests information and payment procedures. 12. Animal issues and response mechanisms. 13. Citations in order to explain/answer simple questions. 14. Driver’s license information. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Effective communication skills in both written and verbal forms in English. b. Good standing in community, that which does not bring discredit to the Estes Park Police Department or the Town of Estes Park. c. Maintain positive working relationships with other volunteers and employees of the Estes Park Police Department and Town of Estes Park so that there will be no hindrance in accomplishing work goals. d. Ability to work effectively with widely diverse groups and individuals. e. Effective public speaking skills and abilities. f. Maintain phone and email capabilities for communication with other volunteers and the Community Services Manager. g. High level and demonstration of trustworthiness to access police building. h. Ability to work effectively with public and community professionals. i. Possess ability to multi-task, converse appropriately on the phone and in person, while demonstrating flexibility and orderliness. j. Remain focused and specific as to role within the department, providing as little distraction as possible in the crowded work environment. Special Requirements 1. Be at least 21 years old. 2. Satisfactorily complete background investigation, ultimately determined by Chief of Police. 3. No felony convictions and no outstanding warrants. 4. Have an acceptable record as it relates to overall criminal and community involvement that would promote acceptance by unit, employees, and community. 5. Successfully complete admission interview and be chosen to serve by the panel and ultimately the Chief of Police. 6. Must sign and comply with confidentiality statement. 2) Estes Valley Restorative Justice Partnership, Inc. The Estes Valley Restorative Justice Partnership, Inc. is a Colorado nonprofit corporation. It exists to reduce crime and disorder by applying the principles of Restorative Justice. In doing so, the project seeks to improve victim services, reduce arrest, reduce repeat offending, and allow community members to have a more visible role in our justice process. The Board of Directors for the corporation is responsible for policy. The Board of Directors is responsible for program in cooperation with the Executive Director and the Estes Park Chief of Police. The    63 corporation is not involved with program operations. The Executive Director is a Town of Estes Park employee. The Chief of Police supervises the Executive Director. a. Volunteer Restorative Justice Facilitator ƒ Coordinates and facilitates Community Group Conferences and Community Circles processes as assigned by the Restorative Justice Case Manager. ƒ Works directly with offenders, parents of juveniles, victims of crime, and the greater community. ƒ Coordinates and meets with various community groups, human service entities, schools, local government officials, law enforcement agencies, county government officials, court systems and others as each case determines or at the request of the case manager, in an effort to increase participation and bring the right people to the conference/circle. Supervision Received: Works under the immediate supervision of the Restorative Justice Case Manager and the general supervision of the Community Services Manager. Supervision Exercised: None. ESSENTIAL FUNCTIONS The following are essential functions; the duties listed are not intended to be an exhaustive list of responsibilities or qualifications. As volunteers, the facilitators will need the ability to discern and perform other duties as requested and as program design and changes dictate. Duties: 1. Follow Estes Valley Restorative Justice Partnership policy and procedure as outlined in Estes Park Police Department Policy and throughout Facilitator Training. 2. Enthusiastically promote programs and principles of Restorative Justice within the community, Estes Park Police Department, and Estes Valley Restorative Justice Partnership. 3. Punctually and thoroughly contact offenders and victims of crime to explain process and set up pre-conference, conference, and post-conference meetings. Follow-through meetings with compassion and tolerance, diligently completing all paperwork required. 4. Maintain confidentiality and apply discretion when, how, and to whom personal information is shared regarding victims, offenders, and community participants, in an effort to build a conference or circle. 5. Sincerely maintain neutral demeanor during circle process, regardless of level of conflict, and direct all types of personalities and opinions to a common purpose with the goal of satisfactory resolution for all participants.    64 6. Exhibit high level of tolerance and self-control for wide range of human emotion, behavior, and background. Following Town of Estes Park Anti- Discrimination policy; treat all people with fairness, respect, and dignity. 7. Serve as mentor and example to program participants; using resources and knowledge to assist in solutions to individual and community issues. 8. Dependably perform other duties as assigned by the Restorative Justice Case Manager, Community Services Manager, Chief of Police, or Estes Valley Restorative Justice Partnership Board of Directors. Training: 1. Town and departmental policies and procedures, as it relates to restorative justice and/or volunteers. 2. Restorative Justice 501(c)(3) policies and procedures. 3. Community Group Conference facilitator training. 4. Circle Keeper training (Community Circles program specific). 5. Monthly trainings at team meetings. 6. Juvenile and Adult Justice Systems. 7. Restorative Discipline processes. 8. All other training deemed relevant for this position. MINIMUM QUALIFICATIONS Required Knowledge, Skill, and Ability: a. Effective communication skills in both written and verbal forms required in English (bilingual English/Spanish appreciated). b. Good standing in community, that which does not bring discredit to the facilitator team, Estes Valley Restorative Justice Partnership programs or the Estes Park Police Department. c. Maintain positive working relationships with co-facilitators, board members, and department employees, resolving all potential conflicts so that there will be no hindrance in accomplishing work goals. d. Ability to work effectively with widely diverse groups. e. Effective public speaking skills and abilities. f. Humbly apply conflict resolution skills in own life and relationships. g. Maintain phone and email capabilities for communication with staff and clients. h. High level and demonstration of trustworthiness to access police building and records, as needed, particular to assigned cases. i. Ability to work effectively with other law enforcement agencies and professionals within the community. j. Possess ability to multi-task and converse appropriately on the phone and in person, while demonstrating flexibility and orderliness as it applies to organization skills and tasks.    65 Special Requirements: ƒ Current and thorough knowledge of Restorative Justice principles. ƒ Ability to maintain control and practice discernment over potentially emotional situations. ƒ Ability to deal with information in a confidential manner. ƒ Must successfully pass a background check as determined by Chief of Police. Education: Bachelor’s Degree Preferred; or the equivalence of experience and training. High School education required. v. Public Works Department No department volunteers at this time. vi. Utilities Department No department volunteers at this time.    66     Appendix C: Town of Estes Park Policies and Procedures. I. Personnel Policies The following information is excerpted from the Town of Estes Park Personnel Manual, adopted March 23, 2004. CONTRACT DISCLAIMER This Personal Policy Manual does not and is not intended to create a contract between the Town of Estes Park and any employee, or to grant a right to any employee to be continued in the employment of the Town of Estes Park, or to limit the right of the Town of Estes Park to discharge its employees with or without cause. This Personnel Policy Manual is subject to change by the Town of Estes Park at any time, including changes to benefits provided and to personnel practices, and the changes may apply to current as well as future employees. Employee Conduct Employees will conduct themselves, at all times, in a manner which reflects favorably on the Town. The Town reserves the right to take appropriate action in response to off-duty conduct of employees which impairs working relationships or has a negative impact on the Town’s ability to perform its functions. Employment of Relatives No employee of the Town of Estes Park shall occupy a position for the Town whereby the employee is supervised or evaluated by a spouse, parent, child, brother, sister, brother-in-law, sister-in-law, or a person living, abiding, or residing with such employee. Alcohol and Drugs The use of alcoholic beverages or non-medicinal drugs by a Town employee while on duty is prohibited. On duty will include on-call duty hours. Town employees whose work requires a Commercial Driver’s License (CDL), or are involved in safety sensitive functions, are subject to the Town's Drug and Alcohol Testing Policy. Furthermore, no employee’s ability shall be impaired by any drug or alcohol while on duty. Although reasonable suspicion may be based on other facts and circumstances, reasonable suspicion may be based upon any of the following: a. Witnessing by at least one supervisor of an employee’s unusual demeanor, appearance or conduct or irrational behavior (e.g., slurred speech, lack of balance, excessive aggressiveness, docility or drowsiness); difficulty in performing or inability to perform normal job functions; smell of alcohol or illegal drugs. b. Suspected possession of or use of alcohol or illegal drugs on the job. If an employee is suspected of being impaired by alcohol, the employee shall be required to submit to testing to prove or disprove such suspicion. Testing shall be supported by observations and circumstances that would lead a reasonable person to believe that the employee is impaired by alcohol.    67 II. Town of Estes Park Electronic Access Policy Revised September 11, 2001 The purpose of this policy is to ensure that users of the Town of Estes Park’s email, internet, voice mail, electronic facsimile (fax), bulletin boards and electronic subscription services are aware of privacy, security, public records, and legal issues related to the usage of the Town’s systems, and to ensure that requests for information stored in the aforementioned formats are complied with as provided by law. Use of the Town’s electronic media systems is subject to the following policies: a. Business Use: Email is utilized by the Town of Estes Park to facilitate Town work and is intended for business-related communications, including uses related to Town-sponsored events and activities. The Town recognizes that occasional personal use will occur on an irregular basis; such use is permitted as long as it does not interrupt the normal flow of Town business. Internet access, including the use of the World Wide Web, is utilized by the Town of Estes Park, for purposes of research and accessing and downloading instructional and reference material. Any improper use, as determined by the Town of Estes Park (see paragraph D below) is prohibited and may be subject to disciplinary action. b. Requests for Email Records: Email messages and attachments are public records and shall be made available for public inspection in accordance with the Colorado Public Records Law. Each individual is custodian of his or her incoming or outgoing email. Whenever a request is made for email records pursuant to Section 24-72-203, C.R.S., the custodian of the records in question shall consult with his or her Supervisor and/or Department Head who, with the Town Attorney will ascertain whether the requested records are public records. When email records are determined to be public records, the custodian shall utilize whatever methods are expeditious and cost-effective for the retrieval and inspection of the requested records. c. Privacy, Security, and Monitoring: Employees have no expectation of privacy when using equipment owned by the Town of Estes Park for email or Internet access. All electronic communications are Town property; and the Town reserves the right at any time, to monitor, access, view, use, copy, and disclose all email messages or Internet downloads of any employee. Computer users are responsible for safeguarding their passwords and may not disclose their passwords to others. Employees may not access the computer accounts of another unless granted permission to do so by that user. This restriction does not apply to system administrators and others who are authorized to access the systems for legitimate business purpose. d. Improper Use of Email or Internet Access: Improper use of email and Internet access includes, but is not limited to: 1. The transmission, downloading, storage or distribution of materials containing unlawful or inappropriate comments which are sexually, racially, or ethnically offensive, or which contains jokes, slurs, or disparagements of and threats to others or which    68 create an intimidating, hostile, or offensive work environment are prohibited; 2. Messages or information which conflicts with the Town of Estes Park’s policies against discrimination or harassment in the workplace; 3. Personal business advertisements or announcements, or the conducting of any personal for-profit business; 4. Messages or information which advertise or promote a business, political candidate, political or religious cause; 5. Reference or messages which give offense on the basis of race, color, religion, national origin, citizenship ancestry, marital status, sex, disability, age, veteran’s status, or sexual orientation; 6. Any frivolous use which interrupts the normal flow of Town business, such as playing games, conducting betting pools, chain letters, etc.; 7. Any illegal use of the Town’s computer system. All Town employees are expected to use common sense and good judgment in all official communications and to avoid any communication that is disrespectful, offensive, or threatening to others. Violation of this policy may result in any or all of the following: suspension or loss of email access and/or disciplinary action up to and including termination of employment. e. Retention and Archiving: Each day, the Town’s computer system routinely purges incoming and outgoing emails that are over 30 days old. Therefore, it is an individual employee’s responsibility to retain, archive, or purge, as appropriate, any incoming or outgoing email. f. Town’s Website “Linking” Policy: The Town of Estes Park’s website contains links to other Internet sites and resources. Whenever a user selects a link to a site not controlled by the Town, the user is leaving the Town’s website, and should be aware that the Town of Estes Park does not endorse any product or entity for which a link may be provided, and that the Town of Estes Park is not responsible for the content or availability of these external resources. The Town of Estes Park links to government, community, and other commercial World Wide Web sites in support of its: ƒ Desire to use the Internet to connect people with information, services, and other people in a manner that constructively furthers the Town’s governmental purposes. ƒ Goal to use the Internet and other emerging technologies to improve Town services. Town Departments may request links based on the following: 1. Their support of Town functions and business. 2. Convenience to the public in their interaction with the Town of Estes Park. 3. Their supportive and natural affinity or logical nexus with the function or purpose of the Department. The Town of Estes Park’s Web Team reviews all Department link requests for adherence to these criteria, together with the following considerations: 1. Availability of system resources and personnel to monitor and maintain the Town of Estes Park website. 2. The relationship and importance of the link requested to the ordinary and necessary functioning of the Town. 3. The significance and timeliness of materials contained on the linked site.     69 III. Town Employees Serving on Town Committees, Boards, Commissions and Affiliated Organizations The Town of Estes Park encourages its employees to take an active role in volunteering in our community. However, the voluntary participation of Town employees on Town committees, boards, commissions and affiliated organizations is restricted due to labor laws, the management of liability, and conflict of interest concerns. Non-Exempt Employees The Colorado Insurance Risk Sharing Agency (CIRSA) is the Town’s property and liability insurance agency. CIRSA’s legal department states that service on Town committees, boards, commissions and affiliated organizations is considered an extension of an employee’s normal work. Under the Fair Labor Standards Act (FLSA), the Town is required to pay a non-exempt employee for time spent working in this service. This applies to both full- and part-time staff, regardless of when the volunteer work takes place. Non-exempt employees are not eligible to serve as volunteers for Town committees, boards, commissions and affiliated organizations which meet one or more of the following conditions: a. The committee’s, board’s, commission’s or organization’s appointments are approved by the Town Board. b. There is a written agreement between the Town and the committee, board, commission or organization. c. The committee, board, commission or organization is supported by the Town’s annual budget. Examples of such committees, boards, commissions and organizations include, but are not limited to, the Estes Park Tree Board, the Estes Valley Planning Commission, and the Estes Park Museum Friends & Foundation, Inc. Employees serving as volunteer firefighters for the Estes Valley Fire Protection District are allowed to serve because the district is funded through sales tax collection, not an annual appropriation from the General Fund. Non-exempt employees may provide incidental assistance for other departments outside their normal scope of work with prior supervisor approval. These employees must be compensated by the Town department requesting the assistance at the employee’s normal rate of pay. If the service extends the employee’s work week beyond forty hours, the employee must be compensated at one-and-one-half times the normal rate of pay. Non-exempt sworn police officers’ time will be calculated based on the twenty-eight day “Garcia cycle.” Exempt Employees The Town of Estes Park chooses to restrict the volunteer service of exempt employees because of the possibility of conflict of interest.    70 By restricting an exempt employee’s volunteer service with the committees, boards, commissions and affiliated organizations which meet the three criteria listed above, the Town is seeking to prevent conflicts between private interests and public duties, foster integrity in public service, and promote the public’s trust and confidence in that service. For example, an employee who volunteers for a committee which is negotiating an agreement with the Town cannot easily act objectively in the role of both employee and volunteer. Such a situation has the potential of eroding the public’s trust in government, regardless of whether any wrongdoing takes place. Incidental, as-needed volunteer service for Town of Estes Park departments by exempt employees is allowed and encouraged with supervisor approval.                                              71         ENGINEERING Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Scott A. Zurn, PE, CFPM, Public Works Director Kevin Ash, PE, Public Works Civil Engineer Date: March 27, 2012 RE: Virginia Drive, Park Lane, MacGregor Avenue & Steamer Drive Rehabilitation Construction Contract Background: Design Plans and Specifications are complete for the Virginia Drive, Park Lane, MacGregor Avenue & Steamer Drive Rehabilitation Project. An Advertisement for Bid was issued on March 2nd, 2012, and two firms responded. The following chart contains the bids for each firm: Firm Name City Bid Coulson Excavating Loveland $1,014,062.00 Connell Resources Fort Collins $1,037,946.55 After bid opening on March 20th, staff completed a review of the submitted documents and found the Coulson Excavating bid to be complete and the most responsible bidder. A price for a total project cost (including a 10% contingency) for a not-to-exceed budget of $1,115,468.00 has been determined. Budget: $924,178.00 from STIP 101-3100-431.25-51 $191,290.00 from Water 503-7000-580.35-54 Total $1,115,468 Schedule: Upon approval tonight by the Town Board, staff will issue a Notice to Proceed to Coulson Excavating on March 28th. Per contract, Coulson Excavating has until the Wednesday before Memorial Day (May 23rd, 2012) to complete the improvements and get final acceptance from Town Staff. Sample Motion: I move to recommend/not recommend awarding the contract for construction to Coulson Excavating of Loveland, for a project cost not to exceed $1,115,468.00. TOWN OF ESTES PARK CONSTRUCTION AGREEMENT THIS AGREEMENT is effective as of the day of , 2012 by and between the Town of Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Virginia Drive, Park Lane, MacGregor Avenue, and Steamer Drive Rehabilitation Approximate quantities for the major items are as follows: 1. Hot Mix Asphalt 2. Unclassified Excavation 3. Aggregate Base Course Class 6 4. Pipe for water, sanitary and storm sewer 5. Concrete Sidewalk 6. Curb and Gutter 7. Stormwater Improvements Article 2. PROJECT MANAGER The project Manager shall be Kevin Ash, P.E. who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES The Work must be substantially completed by May 23, 2012, and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment by June 8, 2012. Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Proposal and Quantities of work actually completed will be determined by the PROJECT MANAGER. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by the PROJECT MANAGER as provided in the General Conditions. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the General Conditions during construction as provided in paragraphs 5.1.1 and 5.2 below. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. a. Ninety-five percent (95%) of Work completed (with the balance being Retainage). b. Ninety-five percent (95%) with the balance being Retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the General Conditions). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, final payment shall be subject to the provisions of Section 38-26-107 C.R.S. Article 6. INTEREST Following settlement of any claims posted again this Contract; final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum compounded monthly. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for safety, high quality workmanship, and timely completion of this project as illustrated by the plans, drawings, and specifications. Contractors are required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances 7.6 CONTRACTOR understands that he may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is based on unit prices totaling $1,014,062.00 that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing by Change Order. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 9 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consisting of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement. 8.2.1 Notice of Award 8.4 Notice to Proceed. 8.5 Information for Bidders. 8.6 Special Conditions. 8.7 General Conditions. 8.8 Drawings bearing the title: Virginia Drive, Park Lane, MacGregor Avenue, and Steamer Drive Rehabilitation 8.9 Addenda (s). 8.10 Contractor’s Bid. (Bid Proposal, Price Quote, Bid sheet & Appendix) 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawings, Plans, Details (including all CDOT and Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. The documents composing the Contract Documents are attached to this Agreement and made part hereof (except as expressly noted otherwise above). There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. Special Conditions 6. General Conditions Article 9. MISCELLANEOUS 9.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has appropriated sufficient funds to pay the contract price. 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ William C. Pinkham Title: ____________________________ Title: ________________________ (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: __________________________ Attest: ______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3586, mmcbride@estes.org To: Honorable Mayor Pinkham Board of Trustees Interim Administrator Richardson From: Bo Winslow, Fairgrounds and Events Manager Date: March 27, 2012 RE: Wireless Service Agreement for Fairgrounds Background: The need for wireless access at the fairgrounds has been requested by many of the facility’s users. Show Managers The need to have access for the show manager is important so (s)he can continue to communicate with clients that are coming to the show, check emails, and have access to the internet to view the forms, rules and regulations necessary to produce the show. (Each show has an average of ten staff who need access, with over twenty shows on the property each summer. This includes judges, ring stewards, secretaries and other show staff.) Keeping in touch with the different show sanctioning organizations is also important. The United States Equestrian Federation (USEF) is the sanctioning organization for many of our shows and having access to their website is imperative. Show Participants Internet access is standard at most other shows. Keeping our customers happy and in touch with the types of services they are accustomed to is an important piece in the challenge to meet customers’ needs. (In 2010 the Hunter Jumper show had about 2700 show participants in three weeks.) Having access allows them to keep in touch with family at home and have an amenity that may keep them coming back. Rodeo Contestants, Secretary and Sponsors Rodeo contestants (over 600 in 2011) need access to be able to keep up to date on both our rodeo as well as where they are going next. They need to keep in touch with the PRCA to see what their status is at previous rodeos as well as checking to see Memo Community Services when they may be up at other rodeos. The secretary needs access in order to do the work PRCA requires. Sponsors need access to stay in touch with their companies so they can continue to do business and take care of things while they are away. Veterinarian Most events require a vet to be on the property. This person needs access to the internet to research problems, as well as download forms for procedures and exams. Vendors There are over 200 vendors that come to events at the fairgrounds. Many of these vendors could use the internet to process orders. It is also a nice service to have available, as many of these people travel around the country, and wireless internet access is the best way to plan for future shows, order new inventory and just keep in touch. Currently staff goes online for many of the above customers to assist them with their needs. Having wireless access will save staff a significant amount of time. (For example, the superintendant of the Llama show needs a certain rule from the show book. Currently we go online for her, download the rule, print it off and give it to her; this is just one example of many. During rodeo we have to download, to a storage device, the nightly day sheets for the secretary since she has no access.) Scottish Festival The Scottish Festival requested wireless access to do ticket sales for 2011. They used electronic tickets for the first time in 2011 and needed wireless internet access to be able to process the tickets. This service had to be temporarily set up in order to meet the needs. The events division is also looking into online ticket sales and wireless access is going to be needed for this as well. Bids Although the Town’s procurement policy does not specifically address transactions at which no Town funds are expended, because the value of the service is estimated at $20,000, the following policy excerpt guided staff in determining how to proceed. 4. Capital Purchases under $30,000 and more than $5,000 Capital purchases exceeding $5,000 but less than $30,000 shall be made only when said goods or services have been approved through the budget process. These purchases require approval by the Town Administrator before acquisition of the good or service can be obtained. Purchases under this category that have not been approved through the budget process shall require approval by the Town Board of Trustees at a scheduled Town Board meeting. Purchases under this category shall require (3) competitive bids/quotes regardless if the item(s) to be purchased were pre-approved via the budget process. These purchases require approval of the Town Administrator before being presented to the Town Board of Trustees. The following process shall include: a. A memorandum to the Town Administrator requesting release of approved funds to effect the purchase of goods or services (and attachment of the 3 competitive bids). b. Those purchases requested that are not within the approved budget require an action item addressed to the Town Board of Trustees (and attachment of the three competitive bids). (See Attachment A for bids.) Staff contacted three local companies, Airbits, Baja Broadband, and Rocky Mountain Data Availability Services (RMDAS), to request a bid for wireless internet services at the fairgrounds. Each vendor was advised that the Town is looking to provide wireless internet services to the users of the fairgrounds property. This service needs to cover the entire property. The equipment needed to be installed and adjusted for maximum coverage. The service needs to be as fast as possible, with many access points throughout the property. Staff also said they wanted equipment of excellent quality and rated for an exterior application where applicable. Staff advised each vendor of the need to come to the property for a walk through to get a better understanding of what was needed. Staff advised that technical support would be necessary for the service as well. • Airbits decided not to bid. • Baja Broadband could only offer 8-12 mbps (band width-not symmetric). Fairgrounds staff would need to do trenching to have service in some parts of the property. Service would not cover entire property. Baja would like to trade expense of equipment for event sponsorship. • RMDAS (Rocky Mountain Data Availability Services) would provide 45 mbps with over 100 mbps planned in the future (the future plan would also allow for redundant band width). RMDAS’ equipment would cover the entire property. RMDAS would maintain and own the equipment. RMDAS would provide a faster service that is symmetric (same speed for upload and download which is important when processing credit cards)(Vendors would have access to 10 Mbps up and down and guest would have 5 Mbps up and 1 Mbps down). In exchange for the $15,000 of equipment and $5,000 of labor, RMDAS will provide access for all customers using the fairgrounds property. Equipment specifications (Attachment B) and a fee schedule to explain fees RMDAS will charge (Attachment C) are attached. This project is ready to start. The contractor has the equipment in inventory and would be able to complete project by June 1, 2012. This is a pilot program. The term of the agreement is one (1) year with an option to renew each year through 2017 upon agreement by both parties. The proposal has been reviewed by Utilities Superintendent Fraundorf, IT staff, and Town Attorney White. Budget: Staff expects minimal (under $250) in expenses associated with this project. RMDAS is requesting electrical outlets at the locations specified for their equipment. There are two locations that will require outlets to be installed. This will come out of the Events budget, account # 222-5500-455.25-02. Staff Recommendation: Staff recommends approval of a pilot wireless internet access agreement with RMDAS for one year with an option to renew for five years. Sample Motion: I move for the approval/denial of the agreement with RMDAS to provide wireless internet access to the Fairgrounds. Attachment A Baja Broadband price quote Baja Broadband will provide wireless services to the Estes Park Fairgrounds in exchange for continuous multiple advertising venues at the Fairgrounds during the season of May 2011 through April 2012. Baja Broadband will provide the following wireless services: 1) To Barn W, inside and outside the Grandstand area, Exhibit Bldg, Office, Broadcaster’s Booth and Feed Barn. 2) 4 – 8M/1M wireless modems positioned at key “hotspots” for maximum signal. 3) Hotspots consist of 1 modem placed at the broadcaster’s booth and 1 modem inside the grandstand. Two additional hotspots will be chosen in which modems will be concealed from the weather. 4) Wireless modems remain the property of Baja Broadband and will be maintained by Baja Broadband Estes Park Technician. 5) Total Value $2529.95 a. 8M/1M @ $84.95 each ($339.80) and 4- wireless modems @ $9.25 each ($37.00) = $376.80. b. 5 months of service $376.80 x 5 = $1884.00 c. One-time installation fee = $49.95 d. 250 conduit for trenches = $215.00 e. 300 ft. of cable pulled into conduit = $231.00 f. Materials used in the process = $150.00 Estes Park Fairgrounds will provide Baja Broadband with the following: 1) Trenching from Mannford Ave. to Barn W and trenching for future service to the campgrounds. 2) Large Baja Broadband arena sign provided by Estes Park Fairgrounds. 3) Minimum of 4 Announcements during rodeo and all summer fairground events. 4) Full page program ads 5) link on www.rooftoprodeo.com 6) Booth space for promotion 7) Event Flag 8) Free parking and event admission for all Baja Employees. 9) Box seats for 3 nights. Attachment A RMDAS price quote RMDAS operates and maintains the Wi-Fi network that currently serves all of downtown Estes Park. RMDAS recommends installing up to 10 wireless modems to provide the Fairgrounds with the coverage needed as well as the connectivity required for the amount of vendors and other customers that will be on property. Most wireless modems can only support around 15-35 concurrent devices and as a result a more dense installation of modems is required to provide fast speeds to large amounts of people. 1) See attached map of service locations. 2) Up to 10 high speed 802.11b/g/n (300Mbps) wireless carrier grade modems positioned for maximum coverage of the entire property, including all buildings and parking lots. The entire property will require between 5 and 10 wireless modems and internet connections to deliver adequate coverage. RMDAS will make this determination as they install modems with a full professional RF site survey. 3) All equipment will be installed and maintained by RMDAS while on Town property. All equipment will remain property of RMDAS. 4) Total Value $20,000. a. Six Months of Internet Service = $5940 (The network will actually be online and available year round, value $11,880) b. Ruckus Zone Flex 7762 and 7962 dual band 802.11n smart wi fi access point equipment. (spec sheet attachment b) = approx $6000 c. Installation Fees (two techs) = 32 hours @ $179 per hour X 2 = $5728 d. Full during and after installation site-survey to guarantee full property coverage = $449 e. Materials, mounting hardware, and cabling = $400 f. Custom login portal and all associated equipment valued at $1484 5) If customer has trouble with access, RMDAS will provide full telephone, email, and in-office support including personal ON-SITE support for all vendors during fairgrounds operating hours. Town of Estes Park will: 1) Provide locations and power supply for all modems (all modems would be installed as discreetly as possible and where there is existing power. Attachment A The more modems in place the more people can be connected in a small area, the better the overall coverage, the more reliable, and the faster the service will be for the customer. RMDAS Wireless Access Point Placements: Attachment B Attachment B Attachment C Fees and Pricing The pricing below is shown as a per-device price. User pricing (visitor/guest)-5 Mbps down 1 Mbps up 2 Hours - $1.95 8 Hours - $3.95 1 Day - $6.95 1 Week - $6.95 1 Month - $19.95 Vendor/Business Pricing-10 Mbps up and down 1 Day - $19.95 The Town’s pricing for business use (e-ticketing, Credit Card Machines, etc) 1 Day - $19.95 - General support and guest support is available from 9am-5pm Monday-Friday. - Priority support for the Town and other Vendors is available 7am-10pm every day, during an event. - RMDAS Network Monitoring and Outage Response 24/7. - RMDAS will provide free onsite support and services if the problem is deemed a Network issue. - RMDAS will provide free connection assistance to ensure devices are connected properly. - RMDAS onsite hands-on assistance and consulting is available at $75/hr.    Wireless Broadband Network and Lease Agreement     THIS WIRELESS BROADBAND NETWORK AND LEASE AGREEMENT (“Agreement”), dated as of  March _____, 2012 (the "Effective Date"), and entered into by and between the Town of Estes  Park, a State of Colorado municipal corporation, with its governmental offices located at 170  MacGregor Avenue, Estes Park CO 80517 (the “Town"), and Rocky Mountain Data Availability  Services, Inc., a Colorado Corporation, with its principal offices located at 1180 Woodstock  Drive, Estes Park, CO 80517 ("RMDAS or Contractor"). The Town and RMDAS may also be  referred to herein as the “Parties” and each as a “Party.”     Recitals       The Town of Estes Park seeks a relationship with private industry in general and RMDAS in  particular, to create a Fairgrounds‐wide wireless broadband network (“Network”), as defined in  Section 1.11. RMDAS desires to install, operate and maintain such Network, pursuant to and in  accordance with the provisions of this Agreement and with regulations promulgated by the  Federal Communications Commission (FCC), a broadband high‐speed communications network,  using Network Facilities, as defined in Section 1.12, and certified by the FCC.     The Town is the owner of physical property and/or structures located at Stanley Park  Fairgrounds in the Town of Estes Park, County of Larimer, State of Colorado.     For purpose of operating its Network, RMDAS wishes to locate, place, attach, install,  operate, and maintain Network Facilities on property owned by the Town.     Agreement     Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are  hereby acknowledged, the parties agree to the following covenants, terms, and conditions:     1. DEFINITIONS. The following definitions shall apply to the provisions of this Agreement:     1.2 Conditions of Use. “Conditions of Use” means the terms and conditions applicable to use of  Services, including without limitation terms and conditions relating to log‐in procedures,  authentication, restrictions on use, and recurring and nonrecurring charges for use.     1.3 Town. "Town" means the Town of Estes Park, Colorado.     1.4 Fee. "Fee" means any assessment, charge, or levy of general application to entities doing  business in the Town lawfully imposed by any governmental body (but specifically excluding  any taxes).     1.5 Free Service. “Free Service” means the wireless broadband communications service  provided by RMDAS at speeds of approximately 500 Kbps at no cost to the user for up to 15  minutes per day. Free Service shall be subject to applicable Conditions of Use. All Free Service  shall be routed to the Internet utilizing facilities provided by RMDAS.     1.6 Including. “Including” means including without limitation.     1.7 Installation Date. "Installation Date" shall mean the date that the first   Network Facility is installed by RMDAS pursuant to this Agreement.     1.8 Laws. "Laws" means any and all statutes, constitutions, ordinances,   resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates,  orders, or other requirements of the Town or other governmental agency having joint or  several jurisdiction over the parties to this Agreement.     1.9 Leased Facilities. “Leased Facilities” is defined in Section 3.1.     1.10 Municipal Use. “Municipal Use” means use by the Town or its employees solely for the  internal business purposes of the Town. All Municipal Use shall be routed to the Internet  utilizing facilities provided by the Town.     1.11 Network. “Network” means the wireless broadband Network to be installed, maintained  and operated in order to provide the RMDAS Services described in this Agreement. “Network”  shall include all Network Facilities.     1.12 Network Facilities. “Network Facilities” mean radios, antennas, wires, cables or other  equipment or fixtures necessary to the operation of the Network.     1.13 Services. "Services" means 802.11b/g/n broadband communications provided by RMDAS  within the Fairgrounds and such other wireless broadband communications connectivity as  RMDAS may in its discretion choose to provide on the Fairgrounds property.     2. TERM. This Agreement shall be effective as of the Effective Date through December 31, 2012  and be renewed annually for an additional four (4) years on the same terms and conditions for  each year.  Either party may terminate this Agreement by written notice to the other party not  less than thirty (30) calendar days prior to the commencement of each new annual term.      3. SCOPE OF AGREEMENT/LEASE AND USE OF MUNICIPAL FACILITIES. RMDAS shall have the  right to install, operate and maintain the Network subject to and other provisions of this  Agreement.     3.1 Lease. The Town leases to RMDAS and RMDAS leases from the Town the physical property  referenced on Exhibit A (the “Leased Facilities”) located in the Town of Estes Park, as shown on  the Site Plan attached as Exhibit B. RMDAS intends to locate its Network Facilities, as described  fully on the attached Exhibit B, on the Leased Facilities. RMDAS may not add additional Network  Facilities from that shown on Exhibit B, without the prior written approval of the Town. In  addition, subject to and in accordance with the provisions of Section 3.7 below, RMDAS shall  have the right to draw electricity for the operation of the Network components from the power  source associated with each such attachment.     3.2 Compliance with Laws/Preservation of Police Powers. RMDAS and the Town shall each  comply with all applicable Laws in the exercise and performance of its rights and obligations  under this Agreement. The Town reserves all rights to exercise its lawful police powers, and  RMDAS shall comply with the same.     3.3 Obtaining Required Permits; Terms and Conditions. If the attachment, installation,  operation, maintenance, or location of the Network Facilities shall require any permits, RMDAS  shall apply for the appropriate permits. RMDAS shall not be required to pay any fee to the  Town for in connection with any land use permits, but shall be required to pay such standard  and customary permit fees for any traffic, construction and other related authorizations  required pursuant to the Town Code. Consistent with its standard and customary practices, the  Town shall promptly respond to RMDAS’ requests for permits and shall otherwise cooperate  with RMDAS in facilitating the deployment of its Network in a reasonable and timely manner.     3.4 Completion of Initial Project. RMDAS shall use commercially reasonable efforts to install on  or before May 15, 2012 all Network Facilities necessary to be able to provide Services to  customers at the Fairgrounds as of the effective date of this Agreement.     3.5 Office within the Town. For the complete term of the Agreement, in recognition of the  need for a local presence, RMDAS shall establish and maintain an office within the Town of  Estes Park, Colorado at an accessible location for providing sales and administrative services,  dispatching service calls, processing complaints, and other reasonably related services.     3.6 Electricity Charges. The Town shall be solely responsible for all electrical utility charges for  the Network Facilities. Notwithstanding the Town’s obligation to pay electrical utility charges as  described herein, the Town shall have no obligation to or construct new electrical facilities,  routers or any other equipment that may be necessary to facilitate RMDAS’ operations.     4. USE OF THE NETWORK. Use of and access to the Network shall be in RMDAS’ sole discretion  within the parameters set forth in this Agreement.     4.1 Customer Conditions of Use. Any use of the Network or Services shall be subject to  applicable Conditions of Use, which may be modified at any time in RMDAS’ discretion. All users  shall be required to assent to applicable Conditions of Use prior to any use of the Network or  Services, and each user shall be bound by such Conditions of Use.  RMDAS shall provide the  Town a copy of applicable Conditions of Use upon request, and shall also use commercially  reasonable efforts to advise the Town of any material change in Conditions of Use, including  changes in prices for Services.     5. COMPENSATION. As compensation to the Town for RMDAS’ lease, entry upon and  deployment on the Town’s property, RMDAS shall provide users of the Network free access to  Town websites as well as free access to the Network to all Town Employees.     5.1 Access Fees.  The Town will be required to pay for access to Network for business purposes  (i.e. eTicket, Surveillance, etc).  These fees are shown in Exhibit C.    6. INSTALLATION, MAINTENANCE AND RELOCATION OF NETWORK FACILITIES.     6.1 RMDAS shall have the right, at its sole cost and expense, to install, operate and maintain on  the Leased Facilities, in accordance with good engineering practices and with all applicable FCC  rules and regulations, its Network Facilities as described on Exhibit B.     6.2 RMDAS’ installation of its Network Facilities shall be done in compliance with all applicable  building, fire, sanitary and safety codes and regulations and other applicable laws, statutes,  regulations and ordinances. All construction and maintenance relating to Network Facilities  shall be and remain the responsibility of RMDAS, regardless of who performs installation and/or  construction. RMDAS shall apply for and obtain all permits necessary for the installation and/or  construction of its Network Facilities, and submit permit plans to the Town within ten (10) days  of obtaining ’s written consent to RMDAS’ plans and specifications. All plans for construction,  alteration or changes shall be signed and sealed by an architect or engineer licensed by the  State of Colorado. RMDAS shall pay all applicable fees due for construction permits.     6.3 Location of Network Facilities. The proposed locations of RMDAS’ planned initial  installation of Network Facilities shall be provided to the Town promptly after RMDAS’ review  of Fairgrounds facility and prior to deployment of the Network Facilities. Prior to beginning  construction, RMDAS shall provide the Town with plans and specifications, an initial written  construction schedule for work. All plans and specifications and schedules are subject to the  prior written approval of the Town. The Town’s written approval of the plans and specifications  and schedules shall create no responsibility or liability on the part of the Town for the  completeness, design, sufficiency or compliance with all laws, rules and regulations of  government agencies or authorities. RMDAS shall submit reports with maps identifying the  number, location and types of Network Facilities planned to be installed during the following  month, until the system is complete. All such installation shall be subject to Town review, per  applicable provisions of the Town Code.     6.4 Inspections. The Town shall have the right to inspect any or all work required for the  installation of the equipment. RMDAS shall reimburse the Town reasonable costs for such  inspections.     6.5 Emergency Repairs. In the event emergency repairs are necessary for its Network Facilities,  RMDAS shall immediately notify the Town in writing of the need for repairs. RMDAS may  immediately initiate emergency repairs, and shall apply for appropriate permits the next  business day following discovery of the emergency. RMDAS shall comply with all laws relating  to construction, including payment of permit or license fee.     6.6 Relocation at Town’s Direction. RMDAS understands and acknowledges that Town may  require RMDAS to relocate one or more of its Network Facilities, and RMDAS shall at Town's  direction relocate such Network Facilities at RMDAS’ sole cost and expense, whenever Town  reasonably determines that the relocation is needed for any of the following purposes: (a) if  required for the construction, completion, repair, relocation, or maintenance of a Town project;  (b) because the Network Facility is interfering with or adversely affecting proper operation of  Town‐owned light poles, traffic signals, Town or other governmental communications network  or device, or other Municipal Facilities; or (c) to protect or preserve the public health or safety.  In any such case, Town shall, at no cost to the Town, use reasonable efforts to afford RMDAS a  reasonably equivalent alternate location. If RMDAS shall fail to relocate any Network Facilities  as requested by the Town within thirty (30) days, the Town shall be entitled to relocate the  Network Facilities at RMDAS’ sole cost and expense, without further notice to RMDAS. To the  extent the Town has actual knowledge thereof, the Town will attempt promptly to inform  RMDAS of the displacement or removal of any pole on which any Network Facilities are located.     6.7 Advertising.  The Town authorizes RMDAS to employ sales and marketing tactics to  promote the availability of advertising inventory on the Network and to secure paid advertising  to run on the Network:  i) using the Town’s trade name and trademark on the RMDAS website  to identify the Town as a member of the RMDAS Wi‐Fi Network, ii) supplying potential  advertisers with basic information about the Network such as the estimated monthly  connection volume, and (iii) any other similar, related or reasonable related tactics adopted by  RMDAS for this purpose.    6.8 Advertising Approval.  RMDAS will submit advertiser information for its Advertising  Campaigns it wishes to run on the Network to the Town for approval. Advertising Campaigns  will be submitted to the Town by RMDAS via email in the form of a Campaign Brief. The Town  shall authorize RMDAS to execute a campaign on the Network by providing written approval of  the Campaign Brief.    6.9 Municipal Facilities Access.   6.14.1 RMDAS shall have 24 x 7 access to the Leased Facilities by means reasonably  designated by the Town in order to install, operate, and maintain its Network Facilities.   6.14.2 The Town retains full access to the Leased Facilities as the Town may deem  necessary at all reasonable times to examine and inspect the Leased Facilities for safety  reasons, to repair the Leased Facilities, to post notices or to ensure that the RMDAS’ covenants  are being met. The Town may erect scaffolding or other structures where reasonably required  by the work to be performed providing that RMDAS’ use of the Leased Facilities is not  unreasonably impaired, and RMDAS waives any claims for damages, injury or inconvenience to  or interference with RMDAS’ business, any loss of occupancy or quiet enjoyment of the Leased  Facilities, and any other loss occasioned thereby. Entry obtained by the Town by any reasonable  means shall not under any circumstances be construed or deemed to be forcible or unlawful  entry into or detainer of the Leased Facilities, or an eviction of the RMDAS from the Leased  Facilities or any portion thereof. The Town shall not be liable for admitting by passkey or  refusing to admit to the Leased Facilities, RMDAS, its agents, employees or other persons  claiming right of entry.     6.10. Alterations, Additions, Improvements and Equipment Upgrades. RMDAS may update or  replace the Network Facilities from time to time with the prior written approval of the Town,  provided that the replacement facilities are not greater in number or size than the existing  Network Facilities and that any change in their location in the is approved in writing by the  Town. RMDAS shall submit to the Town a detailed proposal for any replacement facilities and  any supplemental materials, as may be requested, for the Town's evaluation and approval. No  equipment upgrade or replacement may be undertaken without an interference review and  written approval of the Town prior to the installation. The Town shall not unreasonably  withhold such approval. Upon termination of this Agreement, RMDAS at its sole cost and  expense shall remove any alterations, additions, improvements or equipment upgrades and  shall repair with all due diligence and at its sole cost and expense any damage to the Municipal  Facilities caused by removal.     6.11 As – Built Drawings. Within forty‐five (45) days after commencement of the Services,  RMDAS shall provide the Town with as‐built drawings of the Network Facilities and the  improvements installed, which show the actual location of all Network Facilities, equipment  and improvements consistent with Exhibit B. The as‐built drawings shall be accompanied by a  complete and detailed inventory of all equipment, personal property, and Network Facilities.     6.12 Maintenance. RMDAS shall have sole responsibility for the maintenance, repair, and  security of its Network Facilities, and leasehold improvements, and shall keep the same in good  repair and condition during the Lease term.      7. OWNERSHIP OF THE NETWORK. RMDAS shall have and retain ownership of the Network and  no portion of the Network shall become a fixture unless RMDAS expressly agrees otherwise in  writing. RMDAS shall have and retain ownership of all intellectual property rights and  ownership of all documents, data, studies, surveys, maps, models, photographs, designs,  diagrams, equipment, software, reports or other materials prepared by RMDAS or its  contractors relating to this Agreement, the Network or the Services.     7.1 Bankruptcy/Change of Control or Ownership. If any voluntary or involuntary petition or  similar pleading under any section or sections of any bankruptcy act shall be filed by or against  RMDAS, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted  to declare RMDAS insolvent or unable to pay RMDAS’ debts, or RMDAS makes an assignment  for the benefit of its creditors, or a trustee or receiver is appointed for RMDAS or for the major  part of RMDAS’ property, the Town may, if it so elects but not otherwise, and with or without  notice of such election or other action by the Town, forthwith terminate this Agreement.     8. INDEMNIFICATION AND WAIVER. RMDAS agrees to indemnify, defend, protect, and hold  harmless the Town, its elected and appointed officials, officers, and employees from and  against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties,  administrative and judicial proceedings and orders, judgments, and all costs and expenses  incurred in connection therewith, including reasonable attorney's fees and costs of defense  (collectively, the "Losses") to the extent such Losses directly or proximately result from RMDAS’  activities undertaken pursuant to this Agreement, except to the extent arising from or caused  by (a) the negligence or willful misconduct of the Town, its elected and appointed officials,  officers, employees, agents, or contractors, (b) Municipal Use or (c) a breach of this Agreement  by the Town.     8.1 Waiver of Claims. RMDAS waives any and all claims, demands, causes of action, and rights it  may assert against the Town on account of any loss, damage, or injury to any Network Facilities  as a result of Force Majeure or any loss or degradation of the Services as a result of Force  Majeure.     9. INSURANCE. RMDAS shall obtain and maintain at all times during the term of this Agreement  the following:     9.1 Commercial General Liability Insurance protecting RMDAS in an amount not less than Two  Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and  property damage, and in an amount not less than Five Million Dollars ($2,000,000) annual  aggregate for each personal injury liability and products‐completed operations. The  Commercial General Liability insurance policy shall name the Town, its elected and appointed  officials, officers, and employees as additional insured as respects any covered liability arising  out of RMDAS’ performance of work under this Agreement. Coverage shall be in an occurrence  form and in accordance with the limits and provisions specified herein. Such insurance shall not  be canceled, nor shall the occurrence or aggregate limits set forth above be reduced, until the  Town has received at least thirty (30) days advance written notice of such cancellation or  change. RMDAS shall be responsible for notifying the Town of such change or cancellation.     9.2 Workers Compensation. RMDAS shall at all times provide workers compensation coverage  in compliance with Colorado law.     9.3 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant  to this Agreement, RMDAS shall file with the Town the required original certificate(s) of  insurance with endorsements, which shall state the following:    (a) the policy number; name of insurance company; name and address of the agent or  authorized representative; name and address of insured; project name; policy expiration date;  and specific coverage amounts;   (b) that the Town shall receive thirty (30) days' prior written notice of cancellation;   (c) that RMDAS’ Commercial General Liability insurance policy is primary   as respects any other valid or collectible insurance that the Town may possess, including any  self‐insured retentions the Town may have; and any other insurance the Town does possess  shall be considered excess insurance only and shall not be required to contribute said  insurance; and   (d) that RMDAS’ Commercial General Liability insurance policy waives any right of recovery the  insurance company may have against the Town. The certificate(s) of insurance with  endorsements and notices shall be mailed to the Town at the address specified in Section 10  below.     9.4 Insurer Criteria. Any insurance company of RMDAS shall be authorized to do business in the  State of and shall carry a minimum rating assigned by A.M. Best & Company's Key Rating Guide  of “A" Overall and a Financial Size Category of $10,000,000 to $25,000,000.     10. NOTICE. All notices which shall or may be given pursuant to this Agreement shall be in  writing and delivered personally or transmitted (a) through the United States mail, by  registered or certified mail postage prepaid; (b) by means of prepaid overnight delivery service;  or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery  through the U. S. mail or by overnight delivery service as just described, addressed as follows:     If to the Town:   Betty Kilsdonk  Community Services Director  PO Box 1200   Estes Park CO 80517  970‐577‐3760  bkilsdonk@estes.org    With a copy to:   Town Attorney   Gregory A. White  1423 West 29th Street  Loveland, CO  80538    If to RMDAS:   Eric Calkins & Mark Repine  1180 Woodstock Drive  Suite B  Estes Park, CO 80517      10.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in  the case of personal delivery, three (3) days after deposit in the mail, or the next business day  in the case of facsimile, email, or overnight delivery. Either party may from time to time  designate any other address for this purpose by written notice to the other party delivered in  the manner set forth above.     11. AMENDMENT OF AGREEMENT. This Agreement may not be amended except pursuant to a  written instrument signed by both parties.     12. TERMINATION. This Agreement may be terminated by either party upon sixty (60) days'  prior written notice to the other party upon a default of any material covenant or term hereof  by the other party, which default is not cured within sixty (60) days of receipt of written notice  of default (or, if such default is not curable within sixty (60) days, if the defaulting party fails to  commence such cure within sixty (60) days or fails thereafter diligently to prosecute such cure  to completion), provided that the grace period for any monetary default shall be thirty (30)  days from receipt of notice. Except as expressly provided herein, the rights granted under this  Agreement are irrevocable during each term. Notwithstanding any other provision of this  Agreement, RMDAS may terminate this Agreement without penalty in the event all permits,  consents and authorizations reasonably necessary for the construction and operation of the  Network have not been obtained by RMDAS within one hundred and eighty (180) days after the  Effective Date.     13. ASSIGNMENT/TRANSFER/CHANGE OF CONTROL. This Agreement shall not be assigned or  transferred by RMDAS without the express written consent of the Town. The Town’s consent  shall also be required for any change of control of RMDAS. For purposes of this Section,  “change of control” shall mean any action which results in a change in the actual day to day  management and operational control of RMDAS. With respect to any consent required by the  Town, such consent shall not be unreasonably withheld, conditioned, or delayed. RMDAS shall  cooperate with the Town and shall make available any information reasonably requested by the  Town in order to assist the Town in evaluating a proposed assignment, transfer or change of  control. Notwithstanding the foregoing, the transfer of the rights and obligations of RMDAS  hereunder to a parent, subsidiary, successor, or affiliate shall not be deemed an assignment for  the purposes of this Agreement.     14. NO OTHER WARRANTIES; LIMITATION OF LIABILITY   EXCEPT FOR THE WARRANTIES PROVIDED IN SECTION 16.8, ALL PRODUCTS, SERVICES, AND  INFORMATION PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS.” RMDAS  DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,  INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, RESULTS, LACK OF NEGLIGENCE, TITLE, QUIET ENJOYMENT, AND  NON‐INFRINGEMENT.     EXCEPT AS PROVIDED IN THE LAST SENTENCE OF THIS SECTION 14, BUT NOTWITHSTANDING  ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, RMDAS’ LIABILITY TO THE TOWN  FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ITS  TERMINATION OR EXPIRATION, OR ANY USE OF OR INABILITY TO USE ANY PRODUCTS OR  SERVICES, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT,  WARRANTY, TORT, NEGLIGENCE, PRODUCTS LIABILITY, TRADE USAGE, OR OTHERWISE, WILL  IN NO CASE EXCEED, IN THE AGGREGATE, ONE HUNDRED THOUSAND DOLLARS ($100,000.00).  IN NO EVENT SHALL RMDAS OR THE TOWN BE LIABLE TO THE OTHER FOR LOST PROFITS, LOST  REVENUES, INTERRUPTION OF GOVERNMENT OPERATIONS, OR LOSS OF SERVICE, PRIVACY,  DATA SECURITY OR INTEROPERABILITY, OR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR  PUNITIVE DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF  ESSENTIAL PURPOSE.     15. MISCELLANEOUS PROVISIONS.     15.1 Nonexclusive Agreement. RMDAS understands that this Agreement does not provide  RMDAS with exclusive use of the Fairgrounds Property and that the Town shall have the right to  permit other providers of communications services to install equipment or devices on  Fairgrounds Property, subject to the provisions of this Agreement, including without limitation  Section 15.2.     15.2 Non‐interference. The Network shall not cause interference to any pre‐existing networks  or network facilities within the Town, and if any such interference is identified, RMDAS shall  take reasonable steps to correct such interference within a reasonable period of time.     With respect to the 4.9 MHz public safety communications network, the Network shall not  cause interference with the Town’s or any other governmental entity’s public safety  communications network. If such interference is identified, upon notification to RMDAS,  RMDAS shall immediately commence any action necessary to eliminate such interference.  Should the Network interference issues not be resolved within a period of time reasonably  determined by the Town to protect the public health and safety, the Town may take such  actions as it deems reasonably necessary to restore the operability of the public safety  communications network(s), including if necessary, the shutting down of any interfering  Network Facilities.     15.3 Waiver of Breach. The waiver by either party of any breach or violation of any provision of  this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent  breach or violation of the same or any other provision of this Agreement.     15.4 Severability of Provisions. If anyone or more of the provisions of this   Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void,  voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining  provisions of this Agreement and shall not affect the legality, validity, or constitutionality of the  remaining portions of this Agreement.     15.5 Contacting RMDAS. RMDAS shall provide the Town 24x7 live access for the reporting of  problems or complaints resulting from the attachment, installation, operation, maintenance, or  removal of the Network Facilities. Additionally a contact list will be provided for escalation of  any unresolved issues.     15.6 Governing Law; Jurisdiction; Attorney Fees. This Agreement shall be governed and  construed by and in accordance with the laws of the State of Colorado, without reference to its  conflicts of law principles. If a party brings suit to enforce this Agreement, or, subject to Section  15, to recover damages for any violation, the parties agree that trial of such action shall be  vested exclusively in the courts of Larimer County, Colorado, or in the federal Court in the State  of Colorado having jurisdiction over the dispute. If any suit or action is instituted or prosecuted  to interpret or enforce any provision of this Agreement, the prevailing Party in such suit or  action shall be entitled to recover from the other Party costs, expenses and reasonable  attorney fees incurred by such prevailing Party in connection with such suit or action, in  addition to all other sums allowed by law and this Agreement, both at trial and on appeal.     15.7 Consent Criteria. In any case where the approval or consent of one Party hereto is  required, requested or otherwise to be given under this Agreement (other than discretionary  consent), such Party shall not unreasonably delay, condition, or withhold its approval or  consent.     15.8 Representations and Warranties.     15.8.1 Representations and Warranties by the Town. The Town represents, warrants, and  covenants that (a) this Agreement has been duly and validly executed and delivered by the  Town and constitutes a legal and binding obligation, enforceable against the Town in  accordance with its terms and applicable Laws; (b) the Town has all necessary power and  authority to execute and to perform in accordance with this Agreement, and all required  authorizations have been obtained (except to the extent authorization or permission is required  pursuant to Section 3.2 above with respect to third‐party property); and (c) the Town’s  execution, delivery and performance of this Agreement will not conflict with or violate any  provision of law, rule, or regulation to which the Town is subject, or any agreement or other  obligation directly or indirectly applicable to the Town.     15.8.2 Representations and Warranties by RMDAS. RMDAS represents, warrants, and  covenants that (a) this Agreement has been duly and validly executed and delivered by RMDAS  and constitutes a legal and binding obligation, enforceable against RMDAS in accordance with  its terms; (b) RMDAS has all necessary power and authority to execute and to perform in  accordance with this Agreement, and all required authorizations have been obtained (except to  the extent authorization or permission is required pursuant to Section 3.2 above with respect  to third‐party property); (c) the Network shall be constructed and shall operate in substantial  conformance with applicable specifications in all material respects; and (d) RMDAS’ execution,  delivery and performance of this Agreement will not conflict with or violate any provision of  law, rule, or regulation to which RMDAS’ is subject, or any agreement or other obligation  directly or indirectly applicable to RMDAS.     15.9 Independent Contractor. RMDAS warrants and agrees that it is engaged in an independent  business and that it and its employees and agents will perform under this Agreement as  independent contractors and not as agents or employees of the Town. Nothing in this  Agreement or any agreement entered into in furtherance of this Agreement shall create any  contractual relationship or liabilities between any agent or subcontractor and the Town. The  Town understands that RMDAS is in the business of providing Network Services, and nothing in  this Agreement shall (i) preclude RMDAS from entering into agreements with any other third  party to market or sell the Services described herein or any other services or (ii) limit in any way  RMDAS’ ability to use or allow use of the Network or Network Facilities for any activity, purpose  or service, including without limitation any advanced service, cable television service,  information service or telecommunications service, so long as such activity, purpose or service  is provided consistent with applicable Laws.     15.10 Confidentiality. RMDAS acknowledges that third persons may claim that confidential  information RMDAS submits to the Town hereunder may be, by virtue of its possession by the  Town, a public record and subject to disclosure. Subject to the Colorado Open Records Act, as  amended, and the following conditions, the Town agrees not to disclose, and to safeguard the  confidentiality of, any information RMDAS submits to the Town that (a) includes a written  request for confidentiality and specifically identifies the information to be treated as  confidential, or (b) is marked confidential or proprietary. If a third party makes an open records  request for information that the RMDAS has submitted in confidence, the Town shall notify  RMDAS of the request. The Town agrees not to disclose any information submitted in  confidence until a final order from a court or agency having authority to issue such order shall  have been issued, and any such disclosure shall be the minimum necessary to comply with such  order. RMDAS shall indemnify and reimburse the Town for any reasonable attorney fees  incurred in maintaining the confidentiality of RMDAS’ information pursuant to this Section. The  Town and its officers and employees shall have no liability of RMDAS for the disclosure of  confidential information to the extent a court or agency orders the Town to do so. Upon  expiration or termination of this Agreement, the Town shall return to RMDAS all RMDAS  confidential information that has been provided to or otherwise received by the Town and the  Town shall not retain copies of such RMDAS confidential information. Alternatively, the Town  may destroy such confidential information, and certify to RMDAS this fact in writing. To the  extent the Town has made or prepared evaluations, notes or other materials regarding this  Agreement or any subject or matter relating hereto based in whole or in part on any RMDAS  confidential information, the Town shall destroy all such materials, including any copies, and  shall furnish to RMDAS a duly executed certificate attesting to such destruction.     15.11 Force Majeure. If either Party’s ability to perform any of its obligations under this  Agreement is prevented, restricted or delayed because of unforeseen circumstances beyond  that Party’s reasonable control, including but not limited to an act of God, war, terrorism, riot,  embargo, strike, epidemic, act of civil or military authorities, third‐party attack, fire, flood,  avalanche, or earthquake (a “Force Majeure”), the Party will be excused from performance of  such obligation to the extent and for the duration of such prevention, restriction or delay. The  Party so affected will give the other Party prompt notice of the Force Majeure, including the  probable duration thereof, and will promptly notify the other Party when the Force Majeure  has ended. During the Force Majeure, the affected Party will use reasonable efforts to avoid,  reduce or eliminate the Force Majeure prevention, restriction or delay of its performance of its  obligations under this Agreement.     15.12 Captions. The captions in this Agreement are inserted only for the purpose of convenient  reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any  part thereof.     15.13 Injunctive Relief. Each Party acknowledges and agrees that the other Party would be  damaged irreparably in the event any of the provisions of this Agreement are not performed in  accordance with their specific terms or otherwise are breached. Accordingly, each Party agrees,  that the other Party shall be entitled to an injunction or injunctions to prevent breaches of the  provisions of this Agreement and to enforce specifically the provisions of this Agreement.     15.14 No Third Party Rights. Nothing in this Agreement, express or implied, is intended or shall  be construed to confer upon or give to any person or entity other than RMDAS, its affiliates,  and the Town any rights, remedies, or other benefits under or by reason of the Agreement or  otherwise give rise to any cause of action by any person or entity not a Party hereto. Without  limiting the generality of the immediately preceding sentence, no user of Services shall have  any rights, remedies, or other benefits under or by reason of this Agreement.     15.15 No Waiver of Immunities. Nothing in this Agreement shall be construed as limiting or  waiving any of the rights and immunities that state or federal law grants to RMDAS and its  affiliates. Nothing in this Agreement shall be construed as limiting or waiving any of the rights  and immunities of the Town under the Colorado Governmental Immunity Act, or any other  state, federal or local law.     15.16 Specific Performance. Each Party acknowledges and agrees that the other Party would be  damaged irreparably in the event any of the provisions of this Agreement are not performed in  accordance with their specific terms or otherwise are breached. Accordingly, each Party agrees  that the other Party shall be entitled to an injunction or injunctions to prevent breaches of the  provisions of this Agreement and to enforce specifically the provisions of this Lease in any state  or federal court described in Section 16.6.     15.17 No Multi‐year Fiscal Obligation. Nothing contained herein shall be construed to  constitute a multi‐year fiscal obligation in violation of Article X, Section 20, of the Colorado  Constitution.     15.18 Entire Agreement. This Agreement contains the entire understanding between the  parties with respect to the subject matter herein. There are no representations, agreements, or  understandings (whether oral or written) between or among the parties relating to the subject  matter of this Agreement that are not fully expressed herein. In witness whereof, and in order  to bind themselves legally to the terms and conditions of this Agreement, the duly authorized  representatives of the parties have executed this Agreement as of the Effective Date.     15.19 Work By Illegal Aliens Prohibited. This paragraph shall apply to all contractors whose  performance of work under this Contract does not involve the delivery of a specific end product  other than reports that are merely incidental to the performance of said work.  (i) Contractor hereby certifies that, as of the date of this Contract, it does  not knowingly employ or contract with an illegal alien and that Contractor has  participated or attempted to participate in the E‐Verify Program or Department  Program as defined in C.R.S. §8‐17.5‐101(1) (“Program”) in order to confirm the  employment eligibility of all employees who are newly hired for employment to perform  work under this Contract.       (ii) Contractor shall not knowingly employ or contract with an illegal alien to  perform work under this Contract or enter into a contract with a subcontractor that fails  to certify to Contractor that the subcontractor shall not knowingly employ or contract  with an illegal alien to perform work under this Contract.     (iii) Contractor hereby certifies that it has confirmed the employment  eligibility of all employees who are newly hired for employment to perform work under  this Contract, through participation in the Program and, if Contractor is not accepted  into the Program prior to entering into this Contract, that Contractor shall apply to  participate in the Program every three (3) months until Contractor is accepted or this  Contract has been completed, whichever is earlier.    (iv) Contractor is prohibited from using the Program procedures to undertake  pre‐employment screening of job applicants while this Contract is being performed.     (v) If Contractor obtains actual knowledge that a subcontractor performing  work under this Contract knowingly employs or contracts with an illegal alien,  Contractor shall be required to:    (a) Notify the subcontractor and the Town within three (3) days that  Contractor has actual knowledge that the subcontractor is employing or  contracting with an illegal alien; and    (b) Terminate the subcontract with the subcontractor if within three  (3) days of receiving the notice required pursuant to this subparagraph the  subcontractor does not stop employing or contracting with the illegal alien;  except that Contractor shall not terminate the contract with the subcontractor if  during such three (3) days the subcontractor provides information to establish  that the subcontractor has not knowingly employed or contracted with an illegal  alien.    (vi) Contractor shall comply with any reasonable request by the Colorado  Department of Labor and Employment (“Department”) made in the course of an  investigation that the Department is undertaking pursuant to the authority established  in C.R.S. Article 17.5.    If Contractor violates this paragraph, the Town may terminate this Contract for cause. If this  Contract is so terminated, Contractor shall be liable for actual and consequential damages to  the Town.    Town of Estes Park, a Colorado municipal  corporation.      RMDAS, a Colorado Corporation  By:   ___________________________   By:   ___________________________     Title: ___________________________     Title: ___________________________     Date: ___________________________     Date: ___________________________                      Exhibit A‐ Leased Facilities ‐    1.  The Town will need to provide and install a pole for mounting.  Electrical will also need to be installed.  2.  Gazebo Roof Mount   3.  Barn W Indoor   4.  Arena – Pole Mount (Using Existing Pole)  5.  Restroom Roof Mount ‐ Indoor use of power will be available here.  6.  Entrance ‐ Pole Mount (Using Existing Pole)  7.  Horse Stall Area ‐ Pole Mount (Using Existing Pole)    Electrical will need to be installed to RMDAS’ outdoor enclosures at locations 1, 2, 3, 4, 6, and 7.  RMDAS  will provide outdoor enclosures and conduit runs to their equipment.  Conduit and wire will be provided by  the Town from a power source to the outdoor enclosure.    Exhibit B‐ Site Plan ‐    A total of 7 mounting locations will be required to provide the best coverage.   1. RV Parking ‐ Mounting Pole to be provided and installed by the Town.  Equipment will be mounted at the  top of the pole; conduit will be installed down the pole to an outdoor rated enclosure.  The outdoor  enclosure will be used to house electrical provided by the Town.    2.  Gazebo Roof Mount ‐ Equipment will be mounted on a roof attached Tripod.  Conduit will be run off the  roof to an outdoor enclosure.  The outdoor enclosure will be used to house electrical provided by the Town.  …continued    Exhibit B  ‐ Site Plan Continued‐  3.  Barn W Indoor – Equipment will be mounted inside an outdoor rated enclosure near the rafters.  The  outdoor enclosure will also be used to house electrical provided by the Town.  4.  Arena – An existing pole will be used here.  Equipment will be mounted at the top of the pole.  Conduit  will be run down the pole to an outdoor enclosure.  The outdoor enclosure will be used to house electrical  provided by the Town.  5.  Restroom Roof Mount – Equipment will be mounted to a pole attached to the chimney type structure at  the peak of the roof.  Ethernet cable will be run indoors where power will be obtained inside the  mechanical room.  6.  Entrance ‐ An existing pole will be used here.  Equipment will be mounted at the top of the pole.   Conduit will be run down the pole to an outdoor enclosure.  The outdoor enclosure will be used to house  electrical provided by the Town.  7.  Horse Stall Area ‐ An existing pole will be used here.  Equipment will be mounted at the top of the pole.   Conduit will be run down the pole to an outdoor enclosure.  The outdoor enclosure will be used to house  electrical provided by the Town.                        Exhibit C  Fees and Pricing  The pricing below is shown as a per device price.  User pricing (visitor/guest)   2 Hours ‐ $1.95   8 Hours ‐ $3.95   1 Day ‐ $6.95   1 Week ‐ $6.95   1 Month ‐ $19.95    Vendor/Business Pricing   1 Day ‐ $19.95  The Towns pricing for business use (eTicketing, Credit Card Machines, etc)   1 Day ‐ $19.95  ‐ General support and guest support is available from 9am‐5pm Monday‐Friday.    ‐ Priority support for the Town and other Vendors is available 7am‐10pm every day, during an  event.  ‐ RMDAS Network Monitoring and Outage Response 24/7.  ‐ RMDAS will provide free onsite support and services if the problem is deemed a Network  issue.  ‐ RMDAS will provide free connection assistance to ensure devices are connected properly.  ‐ RMDAS onsite hands‐on assistance and consulting is available at $75/hr.            Exhibit D  Contact List  The contact list below should be called in the order listed.  The contacts below are available  during business hours and are available 24/7 pursuant to section 16.5.    Facilities, Network, Technical, Administrative, Support, and Emergency   Eric Calkins   Vice President/CTO   Cell Phone:  970‐690‐2845   Office:  970‐292‐6722   Email:  eric@rmdas.com    Administrative and Emergency  Mark Repine  President   Cell Phone:  970‐988‐4876   Office:  970‐292‐6722   Email:  mark@rmdas.com    Emergency   Rachelle Repine   Secretary/Treasurer  Cell Phone: 970‐988‐4902     RMDAS Office and Hours   1180 Woodstock Drive   Suite B   Estes Park, CO 80517   Phone: 970‐292‐6722   Email: support@rmdas.com   Web: www.rmdas.com   9am‐5pm M‐F  To: Honorable Mayor Pinkham Board of Trustees Interim Administrator Richardson From: Bo Winslow, Fairgrounds and Events Manager Date: March 27, 2012 RE: Online Ticket Sales Background: Staff continues to look at opportunities to provide high-quality services to our customers, be more efficient, increase revenues and cut expenses. Research into the world of online ticket (e-tickets) sales has shown that adopting this practice will help staff meet the above-mentioned needs. Staff currently sells tickets two ways, by phone and walk up. Staff estimates phone sales are approximately 70% of all ticket sales. These calls are mostly generated from a website directing the customer to call the office to purchase tickets. The other 30% of ticket sales are from walk up customers, usually the day of the event. Staff currently sells tickets for the Westernaires, Rooftop Rodeo, Hunter Jumper Concert and the Senior Pro Rodeo. Staff has contacted organizers of other private events at the Fairgrounds and they also have an interest in using this system. Another advantage to using online ticketing is the ability to capture data. Staff will be able to print reports that let us know how people heard about the event and where they are coming from. This information would be very beneficial as we work with Visit Estes Park on the marketing of events. The ticketing web site also allows for advertising of upcoming events and allows the customer to Facebook and tweet about their purchase to encourage others to go online and purchase tickets. All credit card information is processed on a secure site and no credit or personal information is stored on Town computers. Memo Community Services Staff researched many different venues including Colorado State Fair, Pepsi Center, “The Ranch” in Loveland, Estes Park Scottish Festival and Oakley Rodeo in Utah. Staff contacted four companies and was able to narrow the search to Thundertix. Thundertix is a company that has an excellent rating with the Better Business Bureau. After review of references and an online tour of the company’s processes, staff is recommending going with Thundertix. Thundertix is a web-based company that requires no software downloads (which is good for the Town). This, in staff’s opinion, is the best way to go as it does not overload the Town’s computer system and limits the potential for problems on our end (i.e., if our computers are down, we can’t use the system). There is also local tech support. The Town will be charged a base fee and not a per ticket fee. Staff has estimated the Town’s e-ticket sales potential. The fee per year for up to 15,000 tickets is $5250.00 ($.35 per ticket). Other companies had around $1.35 per ticket fee associated with each transaction. The Town would also need to purchase equipment to allow the processing of the tickets as well as equipment to scan the tickets. This is estimated to cost $1200.00. Total cost is approximately $6450.00. Imagitix, Diamond Tickets and Regtix were other companies contacted. Imagitix does not host the site, requiring the Town to download the program which, as mentioned above, puts unnecessary loads on the Town’s computers and can add problems to the system on the Town’s end. There is approximately $1.20 in ticket fees assessed per ticket sold with Imagitix system. Diamond Tickets is a parent company of Imagetix, offering similar services. Regtix was contacted as well and they did not respond past the first phone call. Budget: In the 2012 budget is $3225.00 for ticket printing and handling. This money is in acct. # 222-5500-455.29-16 and 222-5500-455.29-18. Staff is recommending a $2.00 handling fee be assessed for each ticket sold. This would cover all credit card fees and also cover the money spent on the system base fee and the equipment cost. For example, if 5,000 tickets were sold online, a total of $10,000 of unbudgeted revenue would be generated. (This would cover the credit card fees and the cost of the service and equipment.) Budget 2012 (Spec. Rev. Fund 222-5500) $3,225 Additional Cost for Online Ticket Service $3,225 Total Cost, Online Ticket Service $6,450 Proposed Revenue Handling Fee, 5,000 online tickets x $2.00 $10,000 Net Difference $3,750 Staff Recommendation: Staff recommends expending $6250 to provide online ticket sales, using Thundertix as the vendor for this process. Sample Motion: I move to approve/deny the use of online ticket sales, using Thundertix as the vendor for this process.