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Home My WebLink AboutPACKET Town Board 2003-03-25Prepared 03/20/03 The Mleelon of the Town of Eetee Fark le to plan and provide reliable, high-value eervicee for our cltlzene, vieltore, and employees. We take 0reat pride eneuring and enhanclr10 the quality of life in our community by Delne 00001 stewarde of public reeourcee and natural eettinG. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 25,2003 7:00 p.m. AGENDA INTRODUCTION: A. Cristina Cabeza - newly named Executive Director, Estes Valley Multicultural Connections. B. Utilities Supt. Bob Goehring - Introduce Todd Steichen, newly named Line Superintendent. RECOGNITION OF THE FOLLOWING FOR THEIR SERVICE & GENEROSITY DURING THE "BLIZZARD OF 2003" SNOWSTORM: A. The following Town Departments: Streets/Parks, Water, Fleet, Light and Power, Stanley Park. B. Sid and Laura Brown, Owners/BIG HORN RESTAURANT. C. Rob & Julie Pieper/POPPY'S PIZZA & GRILL. D. Cathy Chamberlin, Mgr./STARBUCKS COFFEE CO. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 11, 2003. 2. Bills. 3. Committee Minutes: A. Utilities, March 13, 2003: 1. Hwy. 36 Street Light Underground Project, $29,250 (includes bid award to T.A. Enterprises for $8,750) 1 Continued on reverse side Wn,iff 4 Â·k 2. Vehicle Purchases: Transwest GMC $29,862 (Water Dept. replacement); Pro Chrysler Plymouth Jeep $20,275 (Light and Power replacement). 3. Hwy. 34/36 Intersection Traffic Light Pole Painting Project, $11,800. B. Public Works, March 20,2003: 1. Knoll-Willows Trail Design/Const. Engineering Scope of Services, $25,000 (Blue Sage Landscape Architecture & Cornerstone Engineering). 2. Fish Creek Trail, Phase 1 - G. L. Hoff, $256,369.40. 3. Fall River Trail, Phase 11 - Award Bid to Mountain Constructors, $174,655.50 4. Parks Dept. Irrigation SCADA, Phase IV, $28,664.58. 5. School Campus Pedestrian and Traffic Safety Improvements, $25,000. 4. Approval of candidacy for Lowell Richardson to the Board of Directors/Larimer Center for Mental Health. 5. Resolution #5-03 - Setting public hearing date of April 22,2003 for new Tavern Liquor License application filed by Regalado LLC, dba THE 1800 SPORTS BAR, 820 Moraine Ave. 6. Resolution #6-03 - Setting public hearing date of April 22,2003 for new Hotel & Restaurant Liquor License application filed by Herzak, Inc., dba the INN AT ESTES PARK, 1701 N. Lake Ave. 2. ACTION ITEMS: 1. PERSONNEL POLICY MANUAL - UPDATE. Assistant Town Administrator Repola. 2. LIQUOR LICENSING: Town Clerk O'Connor: A. TRANSFER OF OWNERSHIP - From Long's Peak Grilling Co., Inc. to Luis & Ignacio Ruiz Partnership, dba RIO AZUL MEXICAN RESTAURANT, 430 Prospect Village Dr., Hotel & Restaurant Liquor License. B. TRANSFER OF OWNERSHIP - From Don, Marge and Darcy Spomer Partnership to Don and Darcy Spomer Partnership, dba SPUR 66 LIQUOR, 900 Moraine Ave., Retail Liquor Store License. 3. TOWN ADMINISTRATOR'S REPORT. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 2 . L TOWN of ESTES PARK Inter-Office Memorandum March 14, 2003 TO: Bill Linnane FROM: Rnh Gnphrino 414 U SUBJECT: Emplnype Inrentive Award for Tom Oldham. Each year Light and Power budgets money for the EPURA streetlight upgrade program. There are approximately 250 decorative lights in the downtown area, of which approximately 75 will have been changed out by the end of this year. The two components for each streetlight are a head or light assembly ($595.00) and a pole ($828.00). Rarely does anything decorative from two different vendors have interchangeable parts but Tom noted that the old poll could be retrofitted to accommodate the new light assembly. By painting, drilling a hole for a new receptacle and cutting off the old pole to the desired height the old pole will look and work like new. The time and material cost estimate for these modifications is approximately $200.00. 1his results in a savings of $628.00 per unit. Additionally any hardware on the old pole for signs or trashcans can be reused. By 2006, all of the old lights will have been replaced, assuming that the future budgets provide funding for the Annual Replacement project at a schedule of 40 to 50 lights change-outs per year. The total savings to the Annual Decorative light Replacement Project is substantial. By the end of this year we will have saved over $30,000 and by the end of the project in 2006 we will have saved over $150,000 total. We want to commend Tom for his superb effort in finding this cost-effective approach to this project and I thank him personally for a job well done. Sincerely, Bob Goehring Richard Matzke 1-1 Town of Estes Park, Larimer County, Colorado, March 11, 2003 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 11th day of March, 2003. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Lori Jeffrey-Clark, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. and Sr. Electrical Engr. Matzke provided a demonstration on the "Emergency Beacon Light Program" being sponsored by the Light and Power Department. When placed in an outside fixture or lamp near a window, the ordinary bulb functions as a standard light; however, when activated, the emergency beacon instantly becomes a flashing signal. It can alert your neighbors and help public safety personnel locate your house quickly. The light bulb sells for $5.00/ea. and they can be picked-up at the Municipal Building Finance Office. Of special note: the beacon does not eliminate or replace the need to call 911. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Barker commented on his recent approval of a liquor license manager registration (Cavender Andrews) and reported he still is questioning his decision. Discussion followed, with Mayor Baudek directing Town Attorney White to prepare a legal opinion on the Town's ramifications should the Town Boarddeny a liquor license application. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 28,2003. 2. Bills. 3. Committee Minutes: A. Public Safety, February 26,2003. B. Community Development, March 6,2003: Special Events Dept. 1. Contracts: Board of Trustees - March 11,2003 - Page 2 â€¢ Rocky Mountain Miniature Horse Show, 6/18-22/03 â€¢ Cutting Horse Show, 6/27-7/1/03 â€¢ Copper Penny Hunter-Jumper Horse Show, 7/18-20/03 2. Parade Permits: â€¢ Rooftop Rodeo, 7/8/03 â€¢ Scottish Festival, 9/6/03 â€¢ Catch the Glow (Christmas), 11/28/03 4. Estes Park Housing Authority, January 8,2003 (acknowledgment only). 5. Estes Valley Board of Adjustment, February 5, 2003 (acknowledgement only). 6. Estes Valley Planning Commission, February 18, 2003 (acknowledgement Only). 7. Swanhorst & Cutler LLC - Approval of 2003 Engagement Letter for audit services. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all Consent Agenda Items. 1. CONSENT ITEMS: 1. FINAL CONDOMINIUM MAPS: A. Sunset Ridge Condominiums - Supplemental Condominium Map #3, Portions of Lotd 6 and 10, Block 10, Town of Estes Park, Roy and Michelle Johnson/Applicants. Contingent upon compliance with Town Attorney White's memorandum dated 2/21/03; Public Works Dept. memorandum dated 2/21/03; and the Light and Power Dept.'s memorandum dated 2/17/03. 2. DEVELOPMENT PLANS: A. The Lodge at Black Canyon Hills Condominiums - Extension of Vesting Period for Development Plan #00-03, Lot 1, Mount View Park Addition, and a Portion of Meyer's Addition, James Sloan/Applicant. As there was no public comment, Mayor Baudek closed the public hearing, and it was moved and seconded (Gillette/Newsom) Items 1.A. and 2.A. be approved as presented, and it passed unanimously. 2. ACTION ITEMS: 1. ROCKY MOUNTAIN CHURCH SPECIAL REVIEW #02-01, LOT 1. MARY'S LAKE SUBDIVISION - DISCUSSION OF LANDSCAPING REQUIREMENTS. Community Development Director Joseph reported that in a letter to Mayor Baudek, the Applicant is seeking reconsideration of their landscaping plan that requires 160 trees and 422 shrubs ig 54 trees and 100 shrubs. The basis of the request is due to water resources and wildfires. In a memorandum dated 3/7/03, Planner Chilcott noted that neither staff, Planning Commission nor the Town Board has the ability to reduce the landscaping provisions - such would require an amendment to the Estes Valley Development Code (EVDC Section 7.5.C.2). Board of Trustees - March 11, 2003 - Page 3 In summary, Dir. Joseph added that the preferred process to address this request would be to follow the established Code Revision Process (schedule a public hearing and present any proposed changes to better reflect community standards and environmental considerations). Responding to this specific case and "timing", Dir. Joseph confirmed that as landscaping is generally the final phase to be installed, the Church would have the opportunity to process an amendment to their approval to take advantage of any subsequent code changes. Town Attorney White added that the Church does have two options: a variance request to the Board of Adjustment or a code revision. Trustee questions/comments were made concerning: drought issues, holding enforcement of this specific code requirement in abeyance, moratorium, drought is a non-issue, and performance bonds. Nancy Gregg, Church spokesperson, commented that: (1) their position is primarily based on being good stewards of the land; (2) although this is not the primary issue, the Church is trying to reduce costs-the number of plants is substantial as well as the cost to maintain them. Jess Mahon, Sr. Pastor requested the Board exercise diligence and reconsider the landscaping requirements as contained in the EVDC. Additional staff comments were heard pertaining to: there are Planning Commission members that believe the landscaping regulations should be reviewed; the Town has in-house expertise to review landscaping issues to ensure landscaping standards are reasonable; bonds are not currently consistently required for landscaping; there is evidence that some developers do not maintain landscaping after installation; approved development plans include a 3-yr. completion timeframe; standards should be written so water can be provided during drought; installation of an entire landscaping plan is not triggered until "full build out" has been reached; landscaping standards were established through the public input process; and a 'timetable for Planning Commission review of the landscaping standards is possibly three months. Concluding all testimony, Trustee Habecker moved the Town Board request the Planning Commission review landscaping requirements to determine if there is a need to reduce landscaping requirements as written, without compromising the Comp Plan, taking into consideration water supply. Trustee Barker seconded the motion, and it failed by the following votes: Those voting "Yes" Trustee Barker. Those voting "No" Trustees Doylen, Gillette, and Habecker. Whereupon, Trustee Gillette moved a moratorium be implemented on landscaping regulations until water issues can be resolved, directing the Planning Commission to review landscaping regulations needs for Estes Park. Trustee Gillette accepted a "friendly amendment" to remove the "moratorium" portion of the motion, thus Trustee Barker seconded the motion, and it passed by the following votes: Those voting "Yes" Trustees Gillette, Barker and Habecker. Those voting "No" Trustees Doylen and Newsom. 2. 2003 ORGANIZATIONAL CHART - PRESENTATION. Town Administrator Widmer submitted the 2003 Organizational Chart that includes two major revisions: (1) placing the Light and Power Department under the organizational responsibility of the Public Works Director, and (2) creating a new Business Development Department, with Tom Pickering serving as Director. This department would focus advertising, marketing, sales, special events and conference services activities under one direction for maximum effect. It was moved and seconded (Newsom/Habecker) the 2003 Organizational Chart be approved, and it passed unanimously. Board of Trustees - March 11, 2003 - Page 4 3. TOWN ADMINISTRATOR'S REPORT. 1. Financial Achievement Award. Administrator Widmer reported that the Town has beeri awarded the Certificate for Achievement for Financial Reporting for 2002. The plague will be forthcoming. 2. Evaluation Hiahlights of Citizens Information Academy (CIA). Administrator Widmer expressed his appreciation to Team Chairman Kilsdonk, and Members Mayor Baudek, Trustee Jeffrey-Clark, Hinze, Marsh, and O'Connor in exceeding expectations for this first-time program to educate residents on Town government. 3. Performance Park. Construction is progressing, and the dressing room walls. stone work, and landscaping will commence shortly. 4. REQUEST TO ENTER INTO EXECUTIVE SESSION: 24-6-402(4)(e), C.R.S. - Purchase, acquisition, lease, transfer or sale of any real, personal or other property interest and determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators. Motion: It was moved and seconded (Doylen/Gillette) the Town Board go into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e), and it passed unanimously. Whereupon Mayor Baudek announced a 5-minute recess at 8:31 and adjourned the meeting to executive session. Mayor Baudek reconvened the meeting at 10:16 p.m., and there being no further business, adjourned the meeting. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 13, 2003. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 13th day of March, 2003. Committee: Chairman Jeffrey-Clark, Trustees Gillette and Newsom Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Superintendent Goehring, Fleet Manager Mahany, and Debuty Town Clerk van Deutekom Absent None Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT AND POWER DEPT. A. Hwv. 36 Street Light Underground Prolect - Request Approval. This project is located on the south side of Hwy. 36, between 4th Street and Community Dr., and consists of under grounding 1,750 feet of secondary line and replacing the existing wood light poles with new decorative lights to improve electric service and the visual appearance of Hwy. 36. T.A. Enterprises submitted the lowest bid for the project and passed on an additional $900.00 equipment savings if construction began the first week of March. The 2003 Budget includes $30,000 for this project. Cost estimates are listed below: T.A. Enterprises $ 8,750 Town Supplied Materials $13,000 Town Labor/Equipment $ 7,500 Total Cost Estimate $29,250 Staff previously received verbal consensus from the Utilities Committee to proceed with the project prior to the March 13th Utilities Committee meeting. Concluding all discussion, the Committee recommends approval of the project as outlined above at a cost of $29,250. B. Vehicle Purchase - Request Approval. Fleet Manager Mahany presented the following vehicle replacement requests: Truck 1 - The Water Dept. budgeted for the replacement of a 1995 Ford F-250 4x4 truck. This trade-in vehicle is 8 years old, has 103,020 miles, and is within the Town's vehicle replacement parameters. Truck 2 - The Water Dept. also budgeted for an additional 4x4 pick-up for use by the back flow prevention employee to be hired by May 2003: Truck 3 - The Light and Power Department budgeted for the replacement of a 1997 4x4 Jeep Wrangler. This vehicle is 6 years old, has 57,611 miles, and is within the Town's vehicle replacement parameters. Truck 2 will be used very moderately as the majority of the backflow prevention responsibilities are office related. The Water Dept. could use the Light & Power trade- in Jeep of Truck #3 which is a 1997 Jeep with 57,611 miles. This vehicle could accommodate the low use of the backflow employee for at approximately 3 years. Staff recommends this approach. RECORD OF PROCEEDINGS Utilities Committee - March 13, 2003 - Page 2 The following bids were received. . 1 Truck 1 Truck 2 Truck 3 Budget: $38,000 Budget: $32,000 Budget: $22,000 Water Dept 4x4 w/Utilitv Body Backflow 4x4 Pickup L&P 4x4 Meter Vehicle Transwest GMC: 2003 GMC Transwest GMC: 2003 GMC Pro Chrysler Plymouth Jeep $37,371.00 $19,625.00 2003 Liberty 4x4 $ 7,509.00 Trade-In $20,275.00 $29,862.00 - Bid Price Burt Automotive: 2003 Ford $ 6.500.00 Trade -In $19,712.00 $13,775.00 - Bid Price Phil Long Ford: 2003 Ford $39,176.48 , Phil Long Ford: 2003 Ford Estes Park Auto Mall: $ 6,750.00 Trade-In $19,761.00 No response $32,426.48 - Bid Price Estes Park Auto Mall Ferrero Auto Center Estes Park Auto Mall No response No response No response Burt Automotive: 2003 Ford $38,028.48 $4,000.00 Trade In $34,028.48 - Bid Price The Committee recommends: 1) Purchasing Truck 1 from Transwest GMC at a cost of $29,862.00; 2) Transferring Truck 3 trade-in to the Water Dept. in lieu of purchasing Truck 2 (the Water Dept. will transfer $6,500 to Light & Power to be used for the purchase of Truck 3 and delay a new vehicle purchase for approximately 3 years); and 3) Purchase Truck 3 from Pro thrysler Plymouth Jeep at a cost of $20,275.00 ($6,500 transferred from the Water Dept. as noted above). C. Hwv. 34/36 Intersection Traffic Liaht Poles Painting Proiect - Request Approval. Director Linnane explained that the traffic light poles at the intersection of Hwy. 34/36 require repainting. CDOT does not provide pole repainting, thus the Town is responsible for this maintenance project. Comerstone Engineering provided a cost estimate of $11,800 to repaint the poles, provide traffid control, and manage the project. The Budget includes $12,000 for pole repainting. The Committee recommends approval of the project at a cost of $11,800 as presented. WATER DEPT. A. Voluntary Conservation Program - Presentation. Acting upon a water conservation suggestion by the Mayor and Public Works Committee, John Gallagher/Black & Veatch submitted a draft conservation plan, to include recommended automatic drought stage rates, for Committee review. The recommended program includes suggestions for Stage 1, Stage 11, or Stage 111 water supply conditions: â€¢ Stage I. Normal mode of operation. The voluntary water conservation measures listed in the report are suggested to encourage prudent water use. â€¢ Stage //. 'This stage is triggered by the loss of one of the water supply sources and a likely reduction in the other supply source. Mandatory water restrictions are in effect to reduce water demands. Water rates are increased to recover the loss of revenue under Stage I conditions. A future emergency water rate increase would be required. â€¢ Stage' Ill. This stage is triggered by the loss of both water supply sources. Severe water restrictions are in effect and water rates are drastically increased to recover under Stage I conditions and to penalize unnecessary water usage. A future emergency water rate increase would be required. , RECORD OF PROCEEDINGS Utilities Committee - March 13, 2003 - Page 3 The final draft will recommend a watering schedule of 3 days/week based on address numbering. The Town has a limited supply (250) of water saving devices available to the public (upon request). The Town will also offer commercial accommodations guest door hangers that promote water savings. A full list of recommendations is included in the report and will be summarized in upcoming months through news releases and bill inserts. Areas discussed include water rates, sources, and supply. The Committee concluded that a conservation plan was an excellent approach for potential emergency situations and directed Staff to incorporate the plan into the Utilities Policy Manual to be presented for Committee approval at the April meeting. REPORTS. Financial Report. The 2002 Year End Reports and February 2003 financial statements were reviewed. Termination of In-House Explosive Operations. Superintendent Goehring reported that in-house explosive operations have been terminated and all devices have been returned to the appropriate manufacturers. Advances in technology allow Staff to utilize equipment, in lieu of explosives, to achieve similar results. Cable Channel 39 Request for Proposal (RFP). Director Linnane reported that RFP's were mailed to interested parties to provide operation and programming of community Channel 39. The bid date is April 4~h and Staff will present bid results at the April meeting. Olympus Dam Project. A project update will be presented at the April meeting. Year-to-Date Water Use vs. Water Rights. Director Linnane reported that actual water use is within 9 acre feet of the projections for 2003. Water Dept. Backflow Prevention Program. Superintendent Goehring updated the Committee on newly published requirements from the State regarding the backflow prevention program. Line Superintendent Named. Director Linnane congratulated Todd Steichen who was recently selected as the Light & Power Line Supt. He will be introduced at the March 2501 Town Board meeting. Employee Suggestion. Superintendent Goehring expressed appreciation to Tom Oldham for his cost saving suggestion to retrofit existing light poles to accommodate new globe fixtures. This inventive idea represents a cost savings to the Town of $600/light and over $100,000 in the next few years. Decorative Light - Ribbon Cutting Ceremony. At the conclusion of the meeting, everyone was invited to attend a ribbon cutting ceremony for the new decorative light fixtures in Bond Park. Project Updates. None. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 9:00 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 20,2003 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of March, 2003. Committee: Chairman Barker, Trustees Doylen and Habecker Attending: Pursuant to the "Blizzard of 2003", the meeting was held with Trustee Doylen in attendance and Trustees Barker and Habecker on a Conference Call telephone connection. Also Attending: Town Administrator Widmer, Public Works Director Linnane, Community Development Director Joseph, Police Chief Richardson and Town Clerk O'Connor Absent None Chairman Barker called the meeting to order at 9:05 a.m. KNOLL-WILLOWS TRAIL - TRAIL DESIGN/CONSTRUCTION MANAGEMENT SCOPE OF SERVICES. Acting upon the recommendation of Community Development Director Joseph, David Duclos/Blue Sage Landscape Architecture has joined Cornerstone Engineering to design the project; Cornerstone will provide surveying and construction expertise. Mr. Duclos has a long career practicing landscape architecture in Colorado, including design and construction of Riverside Plaza, plus several years working for the National Park Service. Larimer County Open Space Funds have been budgeted with $174,000 in 2003, and $147,500 in 2004. Additionally, the Estes Valley Land Trust is providing $50,000 toward this project. The scope of services is as follows: Blue Sage Landscape Architecture $23,000 Cornerstone Engineering $ 2,000 Total Design & Construction Mgmt. $25,000 Staff anticipates that Phase I funding will include the southwest and east portions of the trail and the parking lot. Phase 11 could include the northwest portion of the trail, including the MacGregor Ave. connection to the cabin. The Committee recommends acceptance of the Scope of Services in the amount of $25,000 submitted by Blue Sage and Cornerstone. FISH CREEK TRAIL PHASE 1 - REQUEST APPROVAL OF BID. Although two bids were received for this project, they were not officially closed 3/19 as advertised due to the snowstorm. Thus, the bid date was extended until 3/20. Director Linnane explained that the trail is located on the east side of Fish Creek to the Van Horn Engineering Office, crossing the Creek to the west side. A few issues remain with the EVRPD; however, the District is very supportive of this project. Due to the delay in bids, the Committee recommends staff be authorized to proceed with the low bid, providing a memorandum outlining the bids to the Town Board. RECORD OF PROCEEDINGS Public Works Committee - March 20,2003 - Page 2 FALL RIVER TRAIL PHASE 11 PERFORMANCE PARK CONNECTION - REQUEST APPROVAL OF PRICE. Mountain Constructors recently completed the Phase I section thus staff solicited a cost estimate for Phase Il that will cross the proposed pedestrian bridge and follow Lot 21 to the east, approximately 1,000 ft. Mountain Constructors has agreed to honor Phase I unit prices and their cost is $174,655.50. The cost will be offset by $40,000 from the Willows Condominium Assn., and the budget is $133,766. Staff is proposing the deficient be funded from under-budget cost of the Stanley Ave. Trail Phase 11 Project. Construction should be completed by Memorial Day. The Estes Valley Land Trust (in a conservation easement) owns Lot 21 and discussioris are underway to obtain this easement. Additionally, staff has procured an easement from Fall River Village that will provide public access. Town Administrator Widmer commended Directors Linnane and Joseph for this significant achievement. The Committee recommends awarding the bid to Mountain Constructors for construction of Phase 11 of the Fall River Trail at a cost of $174,655.50. PARKS DEPT. IRRIGATION SCADA - REQUEST APPROVAL. The SCADA system allows one person to program, operate, and monitor irrigation systems from one computer centrally located at the Parks Shop. Phase IV is budgeted for this year; all equipment is supplied by L.L. Johnson; and Wes Reichardt will complete installation. The budget is $30,000 from the Conservation Trust Fund, and equipment cost is $28,664.58. The Committee recommends staff proceed with the Phase IV Irrigation System, expending $28,664.58. REPORTS School Campus Pedestrian and Traffic Safety Report. Director Linnane summarized Report findings/recommendations, and suggested approval of the items listed below: Upgrade existing standard yellow/black school signs tb the new. fluorescent yellow/green standards (includes some new signs). New 3-way stop at Graves and Community Dr. near the raised crosswalk. New flashing beacons on Brodie Ave. and Community Dr. Sign replacemenVimprovement on Hwy. 7: staff will seek assistance from CDOT for this section of state roadway. The cost estimate for the improvements recommended by the Felsburg Holt and Ullevig Report is $25,000. Based upon pedestrian safety concerns, the Committee recommends staff proceed with the $25,000 expenditure, revising the 2003 Budget during the budget process. Highway 34 Gateway Sign. At the February Public Works Committee meeting, staff was directed to provide digital photos of the Mall Rd. site and alternate sites. Photos were displayed, and an alternate location was selected in the State right-of-way (east portion) at North Lake Ave. and Dry Gulch Rd. (near Sombrero Ranch). This site offers improved traffic safety and the sign will state "Welcome to Estes Park", and will not include the Rotary Club logo. Water is available to the site and the budget contains $30,000 for this project. As the alternate site has not yet been approved by CDOT, this item, including a cost proposal, will be returned to the Committee for further consideration. Audible/Visible Pedestrian Timers. Staff is proceeding with this project and as it has been determined that the sound on the audible "chirpers" is adjustable, chirpers will be installed. RECORD OF PROCEEDINGS Public Works Committee - March 20,2003 - Page 3 Highway 34/CDOT. A consultant for CDOT is conducting a Pedestrian/Traffic Signage/Timing Study and has advised that diagonal crossing signs will be removed. Pedestrian are allowed to continue crossing diagonally, however, there will no longer be signage encouraging such travel. Removal of these signs should improve traffic flow. Additionally, CDOT will be attempting to "link" the three existing traffic signals on Elkhorn Ave. There being no further business, Chairman Barker adjourned the meeting at 9:50 a.m. Vickie O'Connor, CMC, Town Clerk RECORD OF PROCEEDINGS Public Works Committee - March 20,2003 - Page 4 TOWN of ESTES PARK Inter-Office Memorandum March 21, 2003 To: Town Board From: Bill Linnane U__- Subject: Fish Creek Trail, Phase 1 Request to Award Bid BACKGROUND The location of the Fish Creek Trail, Phase 1, is shown on the attached map. The project includes two creek crossings and approximately 4,700 feet of 10-ft. wide concrete trail. A 2 to 3- ft. road base shoulder is included in the design and is intended to be used by pedestrians that prefer a softer surface. The project was bid the first week of March and the following bids were received: CONTRACTOR BID AMOUNT G.L. Hoff Construction $256,369.40 Mountain Constructors, Inc. $257,922.50 DeFalco Lee Construction $286,620.89 TARCO, Inc. $300,221.50 Naranjo Civil Constructors $356,149.00 G.L. Hoff is the low bidder at $256,369.40. They are the Riverside Drive General Contractor. Construction will begin the first week of April and is scheduled to be completed by Memorial Day. BUDGET/COST: Budget: $312,800.00 (remaining for construction) Cost: $256,369.40 (G.L. Hoff bid) ACTION: Staff recommends and requests approval of the G.L. Hoff bid of $256,369.40. BL/lb 03/20/2003 15:00 9705862459 CORNERSTONE ENGINEER PAGE 02 .. CORNEASTONE Estes Park, CO 80517 437 South St. Vrain (970) 586-2458 Fax (970) 586.2459 ENGINEERING & lift- SURVEYING, INC. E-mall: ces@charter.net %49 - March 20,2003 Mr. Bill Linnane Director of Public Works Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Town ofEstes Park Fish. Creek Pedestrian Trail, Phase I Dear Bill: Please find enclosed the bid results for the above noted project. The bids were received via fax, due to the heavy snows, at the office of Cornerstone Engineering & Surveying, Inc. (CES). Bids were received from five contractors for the project. The results of the bidding contractors and bid amounts are listed below: Contractor Rid Amount /-~G.I. Hoff Construction $ 256,369.40 Mountain Conglructors, Inc. $ 257,922.50 DeFalco Lee Construction $ 286,620.89 TARCO, Inc. $ 300,221.50 Naranjo Civil. Constructors $ 356,149.00 Unit price extensions for the bidders have been verified by CBS. Errors were discovered in the unit extension of TARCO, Inc. bid. No other apparent jrregularities in the bid process or in the bids received were discovered. 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Iq i ke 2 28 U 1 ~ E 53 2% 53 gall g Si El Zi 3 m Wggi Ng: WE i Es@W EMB El# EMM 6 6. 22 - a + q q E 75 2 .. 8 8 00 i 2 31 8 8 0 = 0 0 R - E 0 40 39Vd 2133NI9N3 3N01SM3NM0D 65439850LB 00:SI E00Z/0Z/E0 Panel oil Nararllo Civil Con,tructom 67,DUO.03 . 51191980 50,500.00 333.000-00 $33.0D).Dj S1,275.Do $1,162.50 6750.00 2.5 51.000.00 Sl,525.00 84380 %1367 $424.00 41.06100 61,000 51000-0 co- ova CO 0423 co-092$ o re ips {1/'61*S OIJ'C9ES Do'09Â£9 0000 00-[04 t,UOD Log X10 0-osels 00*05Â£'IS 00 00~000'ts 00-Dint ooroint 00-019';s 00'019'ts co'00'19 00-409' CO 29:$ 0009 5 00 DELS uOlIieS GUH Bels 1*11 eX 0315 202 Removal 4 n St,507.00 11,500.03 61,500.00 $3,054.39 $3 54.33 $0.00 Sl .0 S41,5]0.00 316.00 617.DD 63 7,4 0 D 09 $61 00-6911 00..19$ cO'10â‚¬S O'orn 04010 - (.UA>pri UNIT QUANTITIES UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNITPR]CE TOTAL CO3T UNIT PRICE TOTAL COST $13.75 59.75 $292.50 $23.07 62,910.00 00Â·gzrzs 021Â£$ Co-016'gs GL.Hoff Co. Mountain C â€¢nstructars, Inc. Defa1c25,2!1;,cNon 4[h BIdder 51,256.10 31.20100 00-0913 00-162'LS 00-099'LS 00'929 OFf:V:* 91:015 00*000'GS 00'co 1'15 09-â‚¬19'M 00 250$ 00'Bess 00-618 00-ASS 00-(lent CO-ECS 0010 Re 5775.00 $ 1,649.00 31.649.00 co'9Â£9'ES 01 Zit CO 008 002Â£9'tLs 025'US co*ge 99-95S 12DO 5100 $9,680.00 $7.87 09499'[9 2 653 COISE'99 0918& Â£300.00 $5.76 00.+S 0(reEPS Low BIdder Co-tct.$ Co'DNS 00-Cog'25 TOTAL ASH CREEK FEDI 1A1L, P 603 12 Inot! 8tee En 40> 15'~d if 88.8355/4 8 j 3 1 3 5 6 3 & 14; w 4 . qg8*g2 q8g 0 I a 3 Â£85 4 V. . 8 8 El 2 a 5 0 . 4 2 6 2 5 mm 0 - 3 Â· C! N 2 8 3 0 - 8 88 , e 8 2 % g + 8 1 - 2 N " 2 3 **0 0 2 1 0 5 5 2 8- 8 4 8 8:Em j E 44 5 gS ~%49, -1 0 1 5 6 - 02 e 0 88 8 88 2 0 lilli 5 53" 4 64 3 9- 385 3 W Â¤ 0 .80 52 *ME- - e m d 5 ti W DJ~% 1,4 LE 14 cri ~ S f Z E 2 2 a L . : s /1811%41,/1*i m & h h & U Z Z Z w Un N . . 9 W e-J _1 J @SE -laci 9 R m 2 = 0 ms=ts= m 355 5 33 SSESS 3 50 39Vd hI33NI9N3 3N01ShENMOD 6Gt,Z98GGL6 00:51 8008/BZ/80 UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PmcE TO UNIT PREE TOTALCOST UNIT PINCE TOTAL COST UNTPRICE TOTAL COST 520.03 $520.00 Â£10.00 $290 $9.63 51,040.01 6832.00 $90/.00. 510.00 99010) 316.94 61,524Â£0 61,0@10[) 82.790.09 6 Ual*lizabon 533,525.00 333,625.00 513.938-00 $15,938.00 813,240.00 $13,240.00 $7,012.52 $7,91 Â¥20,000.00 $20,000.00 $5800.00 65,090.00 100 810.03 $1.800.00 512.50 51,250.00 310.00 Sl,000.03 $12.72 51.272-OD 6{9.5) Sl,950.00 $700.DJ 5 00'009'9$ co'009'95 ocrce*ls 0#06Â¢#S CO 869'2$ 00711'19 co'Zel' LS 0010025 CO Â»41109 0!1]BAL {1129 00'67*'95â‚¬S 09 LZZY]OCS 68-029'6058 0>-65Â£'9925 00-62996â€¢ES lie 1Â¥101 Bidder 3rd elddeY 4th Bidder Mh Bidder Enahâ€¢ber'; Ewlimate , Inc. DeFilca Lee Conmt,uct#n Narar,jo CMI Con; $16.00 51.120& 521-00 51.470.00 Sltl-2G $1,270.20 i Sl .260.00 61600 S22A5 $11&254.40 .00 61 ..12.{10 $2425 *28.8 5130,1,4.[10 Sl $5,80 0-00 $33Â»0 $6,00 0.00 531-66 Si 332.0 1 $5,800.00 35 S270.00 82 558-1.[ID 5450.00 $58.00 $840.00 152.11 $781.65 G{,7 End Pu BIX/20-) 51,200.03 5250.00 41. S159.00 $27.00 $1,215.00 OFESTES PARK RED{ PEDESTRIAN TRAIL, PHASE I 0110 6(,7 Fun )(12Ir} t..F. 54,000.20 SCHEDJUE il~Â· ~" ~~ ! Ji 'O I ,â€¢ ,â€¢ ,â€¢ il ' 1 1 1-- STAN L~E y ~ p 4. . 11 " v .1 , 10 BLACK " .i 11 11 ' 400 â€¢0 ' ~ WILDFIRE RIDGE . -1 po I. 12 1. 4. 1 â€ž raacT i ' , 1 CANYO " 4 i J 21 2. 1. â€ž '0 - 9 1 _ 4. 22 1, - 2--Z~~~IT H HE'INTS 4 , , , I , I . , 24 4, 1â€¢ H I. Â· I ' .2 *... Â£~ HILL 'r . - N H " ' THE i , I 3 ADDITION 42 A , RESERVE - 1, / 1 // 1 1 , 'It.'-I....'- 1, 2 15 2 n n - FIRST ADD C 41 . -I- 1 T.â€¢CT A " 5.24 7.1 , 3. i-- ..1.1 " L . , 2 *i I -' 9/5/.: Â¥ 7 I '0 m STANLEY i NEIGMTS tÂ» - 22 1 STANLE' Tâ€¢'10*'SON //t-- ,1 * I. . *- 1 fr J 2 HISTCRIC 400.ITION I 0 Â· 4 *gr 1 . DISTRICT LS I ~ SUID. .1/4 ... I. 0, -- R 1 , 1 11 ' 30. 77:y ./ 1 # HILLS ,â€¢ G .Ah ESTA ES .... .... I. A/EI. .. I .-H- M I '~Â£ -" . 019'I '0 ' â€¢â€¢ 1 3 . LAKE VIE 1 T.. rs UA . 5 0. , 4, 1.-, J 1. , M ... 1 . . :1 a . u... " , 1 7 VILL ' -- i- ' . ' . -/ 1. E.2/:10- S7â€¢NLEY " S,rÂ¥U.f ... , CAN~IÂ¥ 7.., 4 4f, *1 7-1 . ~~ m I /9 20 ' , ur-" , --- ,, ~ ~~ UÂ·RESU~ 11 , ' 1 1 - - 7 -wth_Râ€¢nhvmn.Â· ' -A â€¢i ,.NLEr ME W~Â·Â·'g C h Q. .0.' U \, 1 I ru .00 = 3 -> "C" 1 41 , 4, SAINT , D tr 1 , L -/ -/ U- / ,\ 1 < 4 * 19 -~127 .. .. . 4. . R r ' 1.0/ 1. . . .. . . At:..., .1 . LAâ€¢E ESTES 7472' 0 . I . -- 1 ._1.-7 - - 46*f. s,luir vian. â€ž f â€ž CÂ£<he.iNÂ¥Â£UMU .0. _1~ 7 0 ' , ~TTLE /â€¢ Sâ€¢Et;*, 1 *Â¥E 4.7 /, ' 29.57;4' - .._L ... 4 4 â€ž '. 1 e MIVERSIDE ..... ..0 .:.-1 ST//LE, Â§ .r ,/ . --L 7 :6- 5ul .A.. '0 1, A : 1,2- â€ž. J \ 7.1 --'.=.1,--VS-#11MMEYWB201 \,4>4wÂ·Â·.~*. i X/>k : b .r-<TIZEr' "TO,,...~ f 2 3 . --7 ... f Â·Ili=' 449%>4.\ 1 , #Â·1'@t[,1 JF.....I-=st- 1, SrANLE. - -),1 MVM. 40/. . ' ' 13'% I .iN I I PARK 9.0 E 10\ 27. S . -' 1 I- 1- \-LI ' 4 A~- 1 .\ â€¢ Â¥ m " , XII Â·Â· . 1 2 .8 1 1 MIGM 4\ ...%1. ' 1 , 1 f H .\/~FORD . 11 - 1 l al* 1 I |cull/Â·Ial A00. 1 '.1346! ' 1-' vENNER 4 1 I iii v. L j., . 22Â·-NG ' n i ..A . iyr- - ,â€¢0., 1.1.,1 . .1./Ii. I.LLII I â€¢LACE . gâ‚¬23'Nt'.'R-Â¥9&Â£ m~ 461*,- ty#:~ ,1 \ 1 1 --- ~4=~ 11,ARK~ 3 ~ ./ 1114 11,0.00..... - Ews/bligr". I - ... 1 1 (MOUNTAIN , i F~s~â€¢i 1 â€¢LK., -1 111 11 1/- GOLF 1 4ras - 1 1 4.--Flifrplit~ '211 r-b 1 -1 1 1.-----' . tr- Clk- 1 1 \ 3EFU0" 11:,2 hi-d f-7-1 1, 4 - 3Â£,421 1 25)30 1 30,29 1 11 3.~31 1 1 '2 1 .4 ,/2 1,..4 /.1, t.*4 2:1 1. MOLE 31 ~~ -1 1 11 ,. 1 ./LI COURSE -----1-h 1 2 1 1 |, F ' 9' || |'Â°. i :15Â£1 21-il_~ Z â€ž , r--- - 1 0 Q 1.-11 ". h *L d Q QPISM CREEK < .. TIOAPSON WATE. TANK 1. L h *Es . " 1 Â·i E--1 0 , H "'11. ".0 2, 1. 1 ---11- 1 # 0-Â·.. ./EF-=fl u I C. U. TRAIL PHASE * 1 . ... '2 3, 3. - -ti ' PROJECT< 9 30 .1 , AN, r"U.â€ž0 .1.- LoU:r,6,1\ .. . 2 .,CO ........ 3 4 Mip. w IGHTS- " 1 14 23. 2...1 - a .*. + M~....1140 sue , , )' " 4#*ril *1 U ~ 1,1 . FIRST " â€¢00 - -Fl ' â€ž u Â· s t: 11 1 1.Ll;do**1 1 lu ' c,-1 *w ... 7Â°ViÂ°, 1/11 U .1 â€¢ 1 . cre.: ' 11 I f. '3 12'P,0 9 . 1, 1 PROSPECT - . 1 L I. 41 1 , 56'SKI.1 ' OUTLOT WI .1 r 1 , OSPECT , i, /O 1 L i . I. 7 SU. [LI,)5.El .% ESTATES |, %--1.1/ I ' ' h IRSGUY.,6 . . . , ''; . - ' 2 : ,:7.. L-.2.22*MÂ¥*r-f-Emn.:li.*,Â· . p, *- .#iL.4,-*:E,GHTâ‚¬.11'c..,-'--1 L-- _ 13 ADDITION 2 ' , I . S.:. r ... ' 1. i. il'L. 1.1. 21--10- :. ...LL.:41:'.:...:A:r :i <~ \' i-=-41~7.-1 5,0 . . ,0 .Trl~ OUTLOT I Â¥LOT -f. V '4. , I 1 k MUL.V.'efl. 'Â£*.. :. 'Â· -fl- ' -,- CREE 1 4 1. 1 21 1 12,1.21.11â€¢!1"1 10'CÂ·'t *"AB .0 :IVEGE; 'SES#9 .DAVA -*-1LARIMER CENTIER ~1,1.9. 3,. 1 ri.. lif El MENTAL HEALTH March 12, 2003 -~[EÂ©GOVE'~1 MAR 1 4 2003 ~ Mayor John Baudek -1 - 1 Town ofEstes Park PO Box 1200 Estes Park, CO 80517 Dear Mayor Baudek: The purpose of this letter is to request your consideration and approval of Chief Lowell Richardson applying to serve as a member of the Board of directors for Larimer Center for Mental Health (LC MEI). The LCMH Board has reserved one seat of our eleven member Board for a representative from Estes Park. Our former Estes Park Board member, Bill Almond, has resigned from the Board creating the opportunity for us to recruit a new member. We believe that Chief Richardson would bring a vital perspective to our Board because of his law enforcement background and overall awareness of the Estes Park Community. Thank you for considering our request. If you have any questions or would like to discuss Chief Richardson's candidacy please call me at 494-4201. Sincerely, anl Â«f Randy Ratliff Executive Director CHILDREN AND FAMILIES FORT COLLINS LOVELAND ESTES PARK 2001 S. SHIELDS, BLDG K 525 W. OAK STREET 2154 W. EISENHOWER BLVD. 1601 BRODIE AVENUE FORT COLLINS, CO 80526 FORT COLLINS, CO 80521 LOVELAND, CO 80537 ESTES PARK, CO 80517 970.494.4200 970.498.7610 970.613.4471 970.577.2125 FAX 970.377.0078 FAX 970.498.7613 FAX 970.613.4475 FAX 970.577.2155 ' RESOLUTION # 5-03 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Tavern Liquor License, filed by Regalado LLC., dba THE 1800 SPORTS BAR, 820 Moraine Ave., Estes Park, Colorado, is March 3,2003. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, April 22, 2003 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.35 miles, as measured from the center of the applicant's property. DATED this day of ,2003. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION # 6-03 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel & Restaurant Liquor License, filed by Herzak, Inc., dba THE INN OF ESTES PARK, 1701 N. Lake Ave., Estes Park, Colorado, is March 13, 2003. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, May 13, 2003 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.0 miles, as measured from the center of the applicant's property. DATED this day of ,2003. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Randy Repola ~ Date: March 21, 2003 Subject: Personnel Manual Update Background: The Town of Estes Park maintains a personnel manual outlining general policies and guidelines applicable to all employees. Periodic additions and amendments are made to the manual. Recently, staff did a review of the entire manual. The resulting update is a combination ofminor changes and inclusion of a small number ofnew policies. In addition, policies that have been adopted over the last couple o f years have also been inserted. Material that has been deleted is presented with strike throughs (example: Personnel Manual). Information that has been added is underlined (example: Personnel Manual). Minor changes include modifications to certain definitions and phrases. For example, employee classifications of full-time and part-time employee have replaced several definitions for permanent part-time, permanent full-time, and temporary full-time classifications. Additionally, other sections of the manual were updated to remove language that either did not ' agree with current law or were redundant. Finally, the manual has been updated to reflect policies adopted since the last manual update. Consequently, the manual includes the compensation policy and updated leave (vacation and holiday) accruals. Town Attorney White has reviewed and approved the changes and additions. The substantial changes to the manual include a new policy allowing the donation of sick leave (Section S.6, page 24) and inclusion of existing insurance benefits for certain retiring employees (Section U.1, page 26). In addition, the previously adopted drug and alcohol testing policy is now included as Appendix A. Budget/Cost: No cost. Recommendation: Staffrequests consideration of the proposed updated Personnel Manual as submitted. Adopted Getebe,447--1986 December 16, 1986 June 9, 1987 September 29, 1987 January 26, 1988 April 25, 1989 January, 1991 Anril 27, 1993 December 10, 1996 March 25, 2003 PERSONNEL POLICY MANUAL Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM Introduction A. Equal Employment Opportunity B. Recruitment and Selection C. Employee Classifications D. Emplovment ofRelatives E. Pay Philosophy F. Pav Plan 1. Compensation Policy G. Probationarv Period.. ...C H. Performance Evaluations 1. Merit Increases 2. Probationary Increase .10 3. Promotions 4. Employee Incentives/Rewards I. Exempt and Non-Exempt Employees J. Work Week K. Overtime.;.................................................................................................................................13 L. Compensatory Time M. Employee Conduct 1. Outside Emplovment ... . - - . 14 2. Gifts 3. Alcohol and Drugs N. Disciplinary Action 15+4 1. Verbal Warning 2. Written Warning .........................'...................................................................................... 164-6 3. Suspension 4. Demotion 5. Termination 6. Department Head Discipline 0. Appeals Process .............................'.....................................................,................................. 18+7 P. Resignation 0. Re-employment R. Retirement 2049 S. Leave ...'.'.'''.'......................................................................................................................... 2120 1. Annual Leave 2120 2. Sick Leave .......................................................'...........................'..................................... 222+ 3. Emergency Leave 4. Jury Leave 5. Family Leave 2423 6., Donation of Sick Leave T. Holidays 75 U. Insurance 2726 1. Medical. Dental. and Vision Insurance ...........................................................................' 2726 2. Group Life Insurance 3. Fire and Police Pension Authority 3029 4. Medical Provider 3029 2 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | V. Educational Assistance W. Required Training X. Personal Vehicle Usage for Town Business Y. Town Vehicle Usage Z. Vehicle Allowance ...............................,...,............................................................................ 3433 AA. Harassment ......,.................................................................................................................V 04534 AB. Work Place Violence ........................................................................'................................ 3889 EMPLOYEE ACCEPTANCE RECEIPT , 3 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM 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 then current as well as future employees. 4 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | PERSONNEL POLICY MANUAL Introduction These personnel policies pertain to all employees of the Town of Estes Park except elected and appointed officials. This includes full-time, part-time, and temporary employees unless otherwise noted. These policies have been approved by the Board of Trustees and are administered by the Town Administrator and/or Department Heads. Employees who are members of the Estes Park Police Department, including civilian employees, are subject to the provisions of the Estes Park Police Department manual. Disciplinary action may be taken against a Police Department employee for violations of both the Town's personnel manual and the Estes Park Police Department's manual. The procedure for disciplinary actions shall be as set forth in this manual. A. Equal Employment Opportunity The Town of Estes Park is an equal opportunity employer and does not discriminate on the basis of race, religion, color, sex, age, national origin, or disabilities. B. Recruitment and Selection Candidates for j ob vacancies Will be recruited both internally and externally. Consideration shall be given for promotion from within the Town ranks, but not to the exclusion Of qualified outside applicants. Meaningful, 5 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM equitable, and realistic j ob requirements shall be established for recruiting, with provision for appropriate testing procedured. C. Employee Classifications The majority of Town positions are full-time in nature; however, part-time and temporary positions exist. Distinctions of the classifications are: rcrmancnt Employee: Any person hired for a specific job who is c]Kpected to work on a continuing basis and mcct certain performance and time on job requirements. Full-Time Employee: An employee who is normally scheduled to work works a minimum of 35 hours per week, 52 weeks per year. Temporary Employee: Any person hired for a special project, on an "as nccdcd" basis, for seasonal work, or for any kind of work on a transitory or casual nature. Part-Time Employee: Any person who is normally scheduled to work working on a continuing basis who works a minimum of 20 hours per week but less than 35 hours per week, 52 weeks per year., but who performs similar or identical work assignments to a full time employee. Temporary Employee: Any person hired full time or part time for a special project, on an "as-needed" basis, for seasonal work, or for any kind of work of a trhnsitory nature. (With the exception of "as-needed" positions, generally temporary jobs do not exceed 7 months duration.) rcrmancnt rart Time Employee: A part time employee who works in a long term position of 6 months or more duration. Temporary Part Time Employee: A part time employee occupying short term positions of 6 months or less duration. 6 Created on 3/20/2003 4:26 PM3/12./2003 11:39 AM | D. 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. E. Pay Philosophy The Town of Estes Park follows a "merit" compensation philosophy (i.e.: employees are evaluated based upon performance, and Pay increases coincide with level of performance)-. This merit system provides incentives for each ~ individual to put forth their best efforts on the job. This means that each individual's progress on the job is reviewed regularly, recognizing the employee's achievements and suggesting areas of possible improvement. The prime responsibility for determining the amount of merit increases rests with the Town Administrator and the Department Heads, working within guidelines/limits established by the Board of Trustees. F. Pay Plan Full time and permanent part timcAll employee positions are ~ included in the Town's classification system. Jobs are assigned various grades, based upon levels of responsibility, nature of decisions made on the job, and qualifications. Every Town employee in a particular job classification will be paid within the same grade. Employees 1 - move through their respective grades on the basis of job It./23 7 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM performance. At the discretion of the Board of Trustees, the pay plan is evaluated periodically to: (1) determine the adequacy of existing pay rates to reflect cost of living changes and other influencing factors; and (2) take into account any pertinent changes in responsibilities or qualifications that may impact the classification of a job. 1. Compensation Policy The Town of Estes Park will annually compare its salaries to market data in an effort to maintain a competitive salary structure. Furthermore, adjustments to salaries and pay grades will adhere to this policy. For all positions excluding Light and Power positions, salaries will be compared annually to a market consisting of Colorado cities and towns that are providing similar services and have a population of 15,000 to 20,000 residents. Light and Power salaries- will be compared to a market consisting of Colorado cities and towns that operate a power or electric utility, and when possible, have a population of 15,000 to 20,000 residents. Comparisons will include a factor to account for differences in housing prices. Median housing prices will be used for the current or most recent year for Estes Park and the comparison municipalities. In order to avoid lagging behind the comparison cities and towns, adjustments will be made following the market 8 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | comparison. Adjustments as indicated by the market study will be made by the end of September each year. A Cost of Living Adjustment (COLA) as indicated by the Denver-Boulder Consumer Price Index (CPI) as reported by the Department of Labor, will be applied to the first pay period of the following year. The COLA will be applied to all positions within the Town of Estes Park. All adjustments will be made contingent upon available funding" G. Probationary Period The probationary period allows a supervisor to train, observe, and evaluate an employee's work in order to determine fitness for a position. All appointments (original, promotional, re- employment, and reinstatement) are subject to a probationary period. The length of the probationary period is determined by the employee's classification: â€¢ The probationary period for general Town employees is six months. â€¢ The probationary period for Public Safety personnel is one year. All employees Will be evaluated at the end of their probationary period with regard to their proven ability to perform the duties and responsibilities of the position. If, at any time during the probationary period, the Department Head determines that the services of the employee have been unsatisfactory, the supervisor may take such appropriate action as termination, demotion, or extension of the probationary period. This action must be approved by the i Town Administrator and is without right of appeal or hearing. 9 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM H. Performance Evaluations Using a prescribed format, written evaluations will be completed by supervisors for edch employee below the level of Department Head. Written evaluations are given to employees upon completion of the probationary period and by-at the ~ first of each calendar year thereafter, and at such other times as directed by the Town Administrator. The employee's supervisor will discuss completed evaluations with each employee to point out the employee's strengths and weaknesses and to recommend ways to improve performance. 1. Merit Increases The Board of Trustees may authorize a merit pool for each department. Merit pay increases are based upon the employee's performance and the employee will be evaluated by- at the first of each calendar year. Thc merit increase, if given, will take effect the first day of the first payroll cycle. (Board of Trustees October 9, 1984; November 19, 1990; April 27, 1993) 2. Probationary Increase Department Heads are permitted to give new employees (excluding Temporary positions) a merit ~ increase following their sixth- month evaluation (twelfth-month for Public Safety positions) if the ~ evaluation indicates superior performance. The amount Of increase Will depend upon the 10 . Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | recommendation of the Department Head and will not exceed 5%. This merit increase shall be in addition to the annual merit limits set by the Board of Trustees each year. 3. Promotions Employees who are promoted will be placed at a position in their new pay grade, which is at least five percent higher than their current rate of pay. 4. Employee Incentives/Rewards The Town of Estes Park, may upon recommendation of the Department Head, award special employee incentives in recognition of outstanding service to the Town of Estes Park. This award may be monetary or otherwise. Police Department personnel are eligible to receive a Citation for Valor, Departmental Citation, or Merit Citation. The Citation for Valor shall be awarded only in exceptional cases where a hazardous duty is performed by an officer who risks his life in such duty. Departmental citations shall be awarded for the performance of police service requiring exceptional courage And braVery, or where, because of the outstanding nature of the act, a life is saved, a serious crime prevented, or a person arrested who has committed a serious crime. A Merit Citation shall be awarded to any officer whose service in the line of duty, whether it involves physical danger or not, indicates unusual thoroughness, conscientiousness, determination, and 11 Created on 3/20/2003 4:26 PM 3/12,2 003 11:39 AM ' | initiative in performing a difficult assignment, which results in or is instrumental in protecting the life or property of any person. Final approval for Incentive Awards will be given by the Town Administrator. 1. Exempt and Non-Exempt Employees The Town of Estes Park adheres to the guidelines set forth by the Fair Labor Standards Act (FLSA) with regard to exempt and non-exempt employee classifications. (The act covers such compensatory regulations such as overtime and minimum wage.) Those job positions regulated by the Act arc termed "non exempt " ; those employees not within the purvicw of the F.L.S.A. arc termed " exempt. " Tova positions which arc exempt arc all Department Heads, Senior Planner, and Police Captain. (Board of -Trustees september 16, 1985; April 0 -7 1993; 4.1 7 December 10, 1996) J. Work Week The work week for Town Employees (excluding certified police officers) Will be from 12:01 A.M. Sunday through 12:00 Midnight Saturday. The work week will consist of either five 8-hour days or four 10-hour days as designated by the Department Head. The work period for certified police officers will bc a 28 day cycle which will begin at 7:00 A.M. every fourth Monday established in accordance with FLSA guidelines. The wor] 0 12 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | shift will bc either 8 or 10 hours in length, as designated by the Department Head. K. Overtime Overtime hours must be authorized by the Department Heedappropriate supervisor. Hours worked in excess of 40 hours per week will be calculatedcompensated at a rate of one and one-half times the employee's hourly rate. An exception to this policy is for certified police officers, who will receive overtime Pay per the relevant sections Of the FLSA.for hours worked in excess of 171 hours in a ;Â·,70 rk period. Authorized paid time off (i.e.: annual leave, sick leave, holiday leave, and other leave) is counted as hours actually worked in that pay period. These hours are calculated for overtime purposes when the leave period is actually taken. L. Compensatory Time Compensatory time ("comp. time") must be authorized by the Department Hcadappropriate supervisor. Compensatory time can be accumulated to a maximum of 240 hours (for 160 overtime hours worked) and 480 hours (320 hours of overtime) for employees engaged in a "public safety activity, an emergency response activity, or a seasonal activity". Any accrued compensatory time not takeh in the calendar year in which it is accumulated will be paid at the end of the last payroll of ~ the calendar year. M. Employee Conduct 13 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM 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. 1. Outside Employment An employee may engage in outside employment provided that such employment Will not interfere with the proper and efficient performance of the employee's Town duties, and where there is no conflict of interest. Prior to accepting outside employment, an employee shall obtain written approval from their ~ Department Head. 2. Gifts Soliciting or accepting gifts for services of monetary value from any person doing business with the Town is prohibited. 3. 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 C.D.L. Licenses, or are involved in safety sensitive functions are subject to the Town's Drug and Alcohol Testing Policy (Appendix A). 14 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | N. Disciplinary Action Disciplinary action may be taken against an employee who has failed to conduct themselves in a manner consistent with accepted standards of employment or conduct. Causes for disciplinary action include, but are not limited to: 1. Neglect of duty. 2. Failure to comply with proper commands or instructions, including safety procedures. 3. Insubordination. 4. Offensive language or conduct, including harassment. 5. Incompetence, inefficiency, or carelessness in performing job duties. 6. Theft of property or falsification of records. 7. A-Consuming alcoholic beverages or non-medicinal | drugs in the course of reporting to work or while on duty, or being adversely affected by alcohol or non- medicinal drugs while on duty. 8. Unsatisfactory job performance. | Disciplinary action can take the form of a verbal warning, written warning, demotion, suspension, or termination. The nature and severity of the disciplinary action will be determined by the Department Head. In the case of the Police Department, disciplinary action will be enforced by the designated chain of command. 1. Verbal Warning The supervisor will discuss the facts in the case, in private, with the employee involved. The employee will also be advised what action will be taken should another violation occur. The supervisor will document the verbal warning and place a copy in the employee's personnel file. 15 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM 2. Written Warning The supervisor will review the facts of the case with the employee, and in the presence of the Department Head, if deemed necessary. The employee Will be advised what action will be taken if another violation occurs. The employee will sign the written warning, and will have the right to note any disagreement with what is stated on the written warning. A copy of the written warning will be given to the employee and a copy will be placed in the employee's personnel file. 3. Suspension If the employee's conduct warrants suspension, a supervisor has the option of suspending the employee with or without pay. 4. Demotion If the employee's conduct warrants demotion, a supervisor has the option of demoting the employee to a lower pay grade. 5. Termination If the employee's conduct warrants termination, a supervisor has the option of terminating the employee. Prior to the imposition of a suspension without Pay, demotion, or termination, Flhe employee will have the right to a pre-termination hearing with the Department Head if the employee so chooses. This gives the employee an opportunity-#- to be heard and present information concerning the proposed 160 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | action. prior to termination, to produce records or testimony on the employee's behalf. The employee may waive this hearing. Terminations must receive approval of the Town Administrator. In taking any disciplinary action, a Department Head shall consider all previous disciplinary actions involving the employee. A supervisor may take any of the above disciplinary actions, including termination, without first warning, suspending, or demoting the employee. Termination of employment for a permanent employee with not less than onc (1) year's service which has not been requested by an employee will result in payment for the accrucd annual leave, comp time, and holiday hours. Termination may occur as a result of a reduction in the number of employees of the Town of Estes Park due to reorganization of the Town and/or reductions in force due to economic or other circumstances. 6. Department Head Discipline Any disciplinary action against a Department Head shall be made by the Town Administrator. The disciplinary procedure shall be the same as the procedure for employees, substituting the Town Administrator for a Department Head. A Department Head shall have the right to appeal the Town Administrator's decision to an independent Hearing 17 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM officer pursuant to the procedure set forth in paragraph 0. O. Appeals Process An employee may appeal disciplinary action against them within 5 working days of a Department Head's action. The appeal will be reviewed by the Town Administrator. To appeal an action, an employee shall submit a written request to the Town Administrator. The Town Administrator will affirm or reverse the appeal, in whole or in part, within -610 working days (a "working day" is Monday through ~ Friday, excluding any legal holiday which might fall on any of said weekdays) from the date of receipt. The Town Administrator will notifs, the employee in writing of his/het determination. The employee then has the right to appeal the Town Administrator's decision to an independent Hearing Officer appointed by the Town Board. Said appeal shall be made within 5 working days of the Town Administrator's Decision. The Hearing officer will then set a date and time for the appeal hearing and the employee will be given written notice of the date and time. The notice will be personally delivered or sent certified mail to the address the employee submits to the Town Administrator at the time the employee makes their appeal. If the appeal hearing date is mailed, it shall be deemed delivered when deposited in the United States mail. The notice will be delivered to the employee at least five days prior to the hearing day. 18 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | The appeal hearing shall be a public hearing if so requested by the employee. The employee shall be entitled to representation by an attorney, at the employee's sole expense. If a public hearing is not requested by the employee, the appeal.hearing shall be closed to the public. The employee shall be entitled to testify and present evidence on their behalf, together with the right of cross- examination of all adverse witnesses who testify at the hearing. The Hearing Officer shall affirm or reverse the Town Administrator's action within 10 working days of the hearing date. The decision shall be in writing and either personally delivered to the employee or mailed by certified mail. If mailed, decision will be deemed delivered when deposited in the United States mail. P. Resignation To resign in good standing, 14 days written notice must be given to the employee's Department Head. Failure to do so may result in the cancellation Of all accrucd annual leave, unless extenuating circumstances exist as determined by the Department Head. (Board of Trustees April 27, 1993; December 10, 1996) The resignation date shall be the last day worked. All accrued leave will be paid out on the following paycheck in accordance with the relevant sections of this policy. Q. Re-employment For any employee who leaves the Town of Estes Park in good standing, and returns within three months from the date of termination, the Town of Estes Park Will restore all 19 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM longevity credit as it pertains to benefit accrual. This section does not guarantee re-employment. R. Reti rement All employees shall be retired upon reaching the age of 70 unless an exception is requested of, and approved, by the Board of Trustees. Each exception must be renewed on an annual basis thereafter, and may be withdrawn by the Board at anytime. Town employees are covered by, and contributions made, to the Public Employees Retirement Association (P.E.R.A.) and the Social Security Administration according to State and Federal Law. For those employees covered under the provisions of State of Colorado Statute 24-51-911 who elect to be exempted from P.E.R.A., the Town of Estes Park will contribute an amount equal to the current employer's P.E.R.A. contribution to the employee's International City Management Association Retirement Corporation Program (ICMA). For Police employees, the Town of Estes Park contributes to the ICMA Retirement Corporation Program for retirement and to the Fire and Police Pension Association for death and disability. A retiring employee shall notify the Town in writing of his/her planned retirement date at least thirty days prior to the last day of work. Following the last day worked, the 20 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM retiring employee will no longer accrue leave and the rate of pay will not be increased. S. Leave 1. Annual Leave Annual leave will be accrued by all full-time permanent and part-time permanent employees. The accrual of annual leave begins upon initial employment, and hours are earned each month based upon the following schedule: Years of Hours Earned Maximum Allowable Service Per Month* Carry Over 0 through 3 7 168 Hours 4 through 7 610 192 Hours 8 through 15 4412 240 Hours 16 + 4614 312 Hours *Pro-rated for eligible part-time employees. An employee will forfeit (on their anniversary date) any accumulated annual leave that exceeds the maximum allowable carry over. For example: A six- year employee wh6 has 212 hours of accrued annual leave will lose 20 hours leave (212 accrued hours minus 192 allowable carry over hours). Annual leave should be requested in advance and is granted at the discretion of each employee's supervisor. Requests for annual leave may be deferred based upon workload. 21 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM 2. Sick Leave Sick leave will be accrued by all full-time permanent and permanent part-time employees at the rate of eight hours per month (pro-rated f orfor eligible part-time employees). Sick leave may be taken for personal illness or for the illness, birth, or surgery of the employee's spouse, children, or parent. When an employee takes more than two continuous days of sick leave, that employee's supervisor may require submittal of a doctor's certificate. Employees who accumulate more than 480 hours sick leave will convert all hours beyond the -480 hours to annual leave on a 2-for-I basis. For example, if an employee has 480 hours of unused sick leave on their anniversary date and obtains an, additional 96 hours during the next year without using any sick leave, the employee will convert the 96 hours to 48 hours of annual leave. Note: Sick leave hours are not available to convert to annual leave until the employee's anniversary date. Whe conversion Will not apply to the balance of hours transferred to the "sick leave bank" as of January 1, 1985* . Also, the sick leave bank must bc used prior to using the first 480 hours. Sick leave cannot be used during an employee's annual leave unless approved by the Department Head. 22 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | Under no circumstances can more than 96 hours of unused sick leave be converted to annual leave during a given year. A terminating employee that has completed 20 years of continuous service shall be compensated for 50% of the accumulated sick leave hours, including any hours in the sick leave bank. Said compensation will be computed at the same rate as final pay. 3. Emergency Leave Employee leave-with-pay for an "emergency" or "immediate family death" may be granted by the Department Head, with the approval of the Town Administrator. The leave cannot exceed five consecutive working days and is limited to a total Of 40 hours in a calendar year. "Emergency" means any critical illness or injury requiring hospitalization or other situation of a critical nature involving a member of the immediate family. "Immediate family" is the employee's spouse, children, grandchildren, brothers, sisters, parents, parents-in-law or grandparents. 4. Jury Leave An employee will be granted leave with full pay to perform jury duty or serve, under subpoena, as a witness before any court or commission. Any compensation, other than reimbursement of expenses, paid to a juror who serves more than three days (in accordance with Federal and Colorado State Statutes) shall be refunded to the 23 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM Town of Estes Park unless the employee elects to have such time charged to annual leave. 5. Family Leave The Town hereby adopts all of the applicable provisions of the "Family Medical Leave Act of 1993". In taking any leave under the provisions of the Act, an employee must use all accrued sick leave and annual leave av-tilable at ~ the time Of taking the leave. After all available accrued sick and annual leave has been used, the ~ remaining portion of the leave shall be without compensation and benefits, including accrual of sick and annual leave, except for the continuation of medical and dental health coverage. In the event any of the provisions Of the Town's personnel manual are more generous to the employee than the provisions of the Act, the provisions of the Town's manual shall control. 6. Donation of Sick Leave It is the intent of the Town of Estes Park to establish a program whereby Town employees may voluntarily donate sick leave to a qualifying employee experiencing a serious and life threatening medical hardship (such as cancer or heart disease) and whom has exhausted accrued leave. Donor eligibility requirements: â€¢ Donors are to have a minimum balance of 120 hours of accrued sick leave â€¢ Donors may contribute a maximum of 24 hours per calendar year per recipient Recipient eligibility requirements: â€¢ Complete an application form provided by the Human Resources representative. 24 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | â€¢ Provide a signed Release of Medical Information to verify the need to participate in the program. â€¢ Must have exhausted all accrued leave balances, or will exhaust in the near future. â€¢ Completes a Department of Wage and Labor request for Family and Medical Leave. Review of application: The completed application and Release of Medical Information will be reviewed by the Assistant Town Administrator or his designee, who then prepares a written recommendation to approve or disapprove the application. This recommendation and the application are forwarded to the Town Administrator for a preliminary review and approval or disapproval. Solicitation of Donations The Assistant Town Administrator will prepare a brief statement identifying the recipient and a general statement regarding the reason for the solicitation. No specific information about a medical condition shall be included in the solicitation notice. The notice will then be circulated to all employees. Administration of donations Leave donations are to be a minimum of eight hours and a maximum of twenty-four hours. Leave donations will be transferred to the recipient in the order received. If there is excess donated leave remaining after the recipient has recovered and is able to return to work, the unused leave will be returned to the donors in the order received. Should the recipient terminate employment with a donated leave balance; there shall be no cash payout of the terminal leave benefit. The maximum amount of leave that can be donated to any' employee is 240 hours. T. Holidays The following holidays will be observed and are granted with pay to all permanent employees: Nominal Date Holiday January 1 New Year's Day January ( 3 rd Monday) Martin L. King'o Birthday February ( 3 rd Monday) Washington's Birthday ; May (last Monday) Memorial Day July 4 th Independence Day 25 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM September(lst Monday) Labor Day November 11 Veteran' o Day November ( 4 t'h Thurs. ) Thanksgiving Day December 24 Christmas Eve Day December 25 Christmas In addition, employeas are allotted three floating holidays to be taken at their discretion and with supervisor approval. Floating holidays must be used during the year accrued or they will be lost on December 31st. Note: Permanent prart-time employees receive holiday pay on a pro- ~ rated basis. Holidays that occur on a Saturday will be observed on the preceding Friday, and those which occur on a Suhday will be observed on the following Monday. Holidays must be taken unless the employee is scheduled to work by the Department ' Head. Holidays which occur during an employee's absence due to vacation or sicknesh shall not be counted as vacation or sick leave. Employees, other than Department Heads and Public Safety Employees, required to work a holiday shall be compensated according to the overtime schedule in Section K. Public Safety Employees will receive compensatory time off (on a straight-time basis) for holidays worked, and such time off shall be used within twelve months of the time accrued or will be forfeited. Employees whose scheduled day off falls on a holiday receive pay for the holiday on a straight-time basis. 26 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | U. Insurance 1. Medicalcand Dental, and Vision Insurance The Town grants group hospital, medical, and dental, and vision insurance to all full-time permanent employeesÂ£ part-time employees who work at least 30 hours per week, and the Board of Trustees. Ninety percent of employee- only coverage Premiums covering the employee arc is paid in full by the Town. Family coverage can be obtained by the employee through the same plan. 75% of the family premiums for employee + spouse, employee + children, and family -ieplans are paid by the Town. Part-time employees who work 24 - 30 hours per week may participate in the plans, but must pay entire premiums. The Town offers employees and/or their dependents the option to continue their medicalÂ£ and dental, and vision ~ coverage for an 18-month* period under the following "qualifying events": â€¢ Employees who are terminated for reasons other than gross misconduct. â€¢ Employees whose working hours have been reduced. The Town offers employees and/or their dependents the option to continue their medicalÂ£ and dental, and vision ~ 27 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM coverage f or for a 29-month* period under the following ~ "qualifying events": â€¢ Employees who are disabled at the time Of termination. â€¢ Employees who are disabled and whose working hours have been reduced. â€¢ Disabled spouse or disabled dependents of a terminated employee. â€¢ Disabled spouse or disabled dependents of an employee whose hours have been reduced. The Town offers employees and/br their dependents the option to continue their medicall and dental, and vision ~ coverage for a 36-month* period under the following "qualifying events": â€¢ Death of employee (beneficiary can continue insurance). â€¢ Divotce or legal separation of employee and spouse (both parties may continue insurance). â€¢ Employees who become eligible for Medicare coverage. â€¢ Dependent child losing "dependent" status under the requirements of the group plan. For continuation of coverage, the employee and/or dependent will be re'quired to pay 100% of the total insurance premium. It will be the responsibility of the employee to notify the Town of changes in status which will affect dependent coverage. This notification must take place within 60 days after the change of status has occurred. 28 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | No evidence of insurability need be provided for continuation to occur. The continuation coverage must be identical to the coverage offered to other Town employees presently enrolled in the plan. *Coverages will end earlier if: â€¢ The Town ceases to provide a group health care plan to its employees. â€¢ Premium payments are not met by the insured. â€¢ The insured is re-employed and is covered under another group plan or becomes eligible for Medicare. â€¢ A spouse who is a qualifying beneficiary remarries and is covered under another group health plan. Medical Insurance for Retirees Employees who have at least 15 years of service and are at least 60 years of age at the time of retirement are eligible to continue coverage under the Town's medical coverage until age 65. The Town will pay the employee portion of the premium under the same terms covered for qualifying full time and part time employees. Dependent coverage must be paid by the retired employee. 2. Group Life Insurance All part time and full-time and part-timepermancnt employees are covered by the Town for life and accidental death and dismemberment insurance. The employees are insured at one times annual salary up to a $50,000.00 maximum. 29 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM 3. Fire and Police Pension Authority All full-time permanent non-clerical public safety ~ employees are insured through the state Fire and Police Pension Authority (F.P.P.A.) Accidental Death and Dismemberment Plan. All limits and coverages are governed by the Colorado State Statutes. 4. Medical Provider The Town of Estes Park has will designated the Estes Park Medical Center as the provider of treatment for Worker's geompensation injuries. Any employee of the Town who is injured on the job must seek treatment at the "designated provider"Medical Center. Treatment for injuries of an urgent or critical nature should be sought at the nearest emergency room. V. Educational Assistance The Town of Estes Park encourages its employees to improve their j ob skills and will, within its current budget, reimburse full-time permanent employees for coursework tuition. The requirements for tuition reimbursement are: 1. The employee must complete a "Request for Tuition Reimbursement Form" and obtain approval from the Department Head prior to beginning the course. 2. The coursework must be job-related or part of an established, approved career plan and benefit the Town of Estes Park. 3. Undergraduate courses must be completed with a grade of "C" or better; graduate courses must be completed with a grade of "B" or better. The employee will reimburse the Town if grade level is not accomplished. 30 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | 4. As part of the consideration for the Town paying for employee education, employee understands that continued employment with the Town is necessary to enable the Town to benefit from the employee's education. The employee agrees to reimburse the Town for the cost of the education paid by the Town if the employee terminates their employment within one year after completing an individual course or within three two years after completing a degree ~ program. The Town has the right to withhold the appropriate sum from the employee's final separation check. 5. Whenever possible, employees are to pursue classes on their own time. When necessary, and upon approval of the Department Head, an employee may be granted a maximum of four hours per week education leave to attend classes. (Board of Trustees - December 10, 1996) 6. A Department Head must receive the approval of the Town Administrator prior to beginning any course. W. Required Training All of the costs for training programs or classes, including tuition and books which are required to improve the employee's performance of job assignments and duties, shall be paid by the Town of Estes Park. Requests and suggestions for approved, required training may be initiated by the employee or the employee's supervisor. However, all requests must be approved in advance by the i employee's. Department Head. 31 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM All training programs and classes shall be scheduled at a time approved by the employee's Department Head. All hours spent in such training shall be considered time worked. A Department Head must receive the approval of the Town Administrator prior to beginning any training. X. Personal Vehicle Usage for Town Business All Town employees required to use their vehicle will be reimbursed at the rate established annually by the Internal Revenue Service. The responsibility for determining if a vehicle, car allowance, or mileage reimbursement is granted to an employee rests with the appropriate Debartment Head. Funding of these costs is also the responsibility of the Department Head. Y. Town Vehicle Usage In order to respond to emergency situations and to supervise activities taking place during non-duty hours, the following listed certain employees may be authorized by their Department Head to drive departmental vehicles may bc authorized to bc driven to the employee's residence for emergency (off-duty) use: Light & Power Department Foreman &.Duty Employee "On Call" Light & Power Director (Board of Trustees April 27, 1993). 32 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | Public Works Department , Street/Park Superintendent & Fleet Manager Water Department Water Superintendent & Duty Employee "on Call" Employees, as authorized above, shall use Town vehicles in their possession for official business only. Employees who use Town vehicles must follow these procedures: Employees should obey all laws and practice 1. courteous and safe driving habits. Department Heads will investigate and take proper disciplinary action if a complaint is filed regarding improper use of a Town vehicle by any employee. 2. Employees who regularly use Town vehicles should be aware of the expiration date of their driver's license and renew their license prior to that expiration date. Employees with CDL licenses will be reviewed per Federal regulation requirements. 3. Town vehicles .will be used only for official Town business. Employees authorized to use Town. vehicles for travel to and from work may make reasonable stops en route. Under no circumstances will any employee purchase, carry, or use any form of alcoholic beverage or illegal drug while using a ~ Town vehicle. 4. Under no circumstances will any individual other than a Town employee operate a Town vehicle. 5. Seatbelts must be worn by the driver and all passengers during operation of a Town vehicle. Under normal circumstances, Town vehicles shall be refueled only from gasoline pumps located at the Larimer County 33 Created on 3/20/2003 4:26 PM3/12/2003 11 :39 AM facility. If it is necessary for a vehicle to be driven to a point outside the Estes Park area which will require refueling for the return, specific permission must be granted in advance by the Department Head. Under no circumstances shall privately-owned vehicles be fueled at the Town pumps. Z. Vehicle Allowance Authorized Town employees, as identified bclowdetermined annually, shall be paid a vehicle allowance. The vehicle allowance shall be paid for the use of a private vehicle and the associated operation and maintenance expenses. The private vehicle shall be used for business related activities. Each year the vehicle allowance shall be established in the Town's operating budget. Town Administrator Assistant Town Administrator Finance Officer Community Development Director Police Chief Public Works Director Special Events Director Light and Power Director Thc above Quthorized employees shall insure said vehicle at ~ a minimum of $100,000 for any one person for bodily injury or death, $300,000 for any one accident for bodily injury or death, and $25,000 for property damage. A certificate Of insurance shall be filed with the Risk Manager. The Town shall be obligated to reimburse the authorized employee for travel, with a destination outside the Town's service territory, at an authorized rate. Authorized 34 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM ' | employees shall request reimbursement on a monthly basis, using a Travel Expense Report. AA. Harassment The Town of Estes Park is committed to a workplace free from sexual harassment. Each employee has the right to work in a professional atmosphere which promotes equal opportunities and prohibits discriminatory practices, including sexual 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. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or verbal/physical contact of a sexual nature , when: (1) submission to such conduct is either implied or stated to be a term or condition of employment or a factor in the, evaluation of the employee's performance, promotability, or any other component Of employment; (2) such conduct substantially interferes, either directly or indirectly, with an employee's work performance by creating a hostile, offensive, or intimidating environment. Examples of sexual harassment include, but are not limited to, sexually vulgar language, remarks about an individual's physical anatomy, derogatory comments about gender, distribution of written or graphic sexual material, sexually oriented magazines/posters, display of nude pictures, other words or depictions of a sexual nature, physical touching in a sexual manner or invading personal privacy, especially the 35 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM intentional touching of breasts and genital areas or buttocks, or threats to take such actions. Occasional compliments of a socially-acceptable manner or statements or acts that are acceptable to all elements of society are not sexual harassment. Sexual harassment is statements or acts that are offensive to some people. What may constitute sexual harassment may differ from person to person. Procedure - Any employee who feels sexually harassed by a supervisor, co-worker, subordinate, or other non-employees who conduct business with the Town should take the following course of action: 1. Tell the offending individuals to stop the harassment. State your objection to the action and the specific behavior to which you object. Have a witness present if possible. Also note the time and date of the discussion, and write a summary of what you said and how the offender responded. If uncomfortable with a discussion with the harassing individual(s), state your objection in writing and retain a copy. 2. If the procedure in No. I does not resolve the problem, if you feel reprisal will result from a complaint, or if you feel uncomfortable confronting the party, you should follow the following procedure: a) Report the alleged act immediately to your Department Head. If you do not feel comfortable reporting this to your Department Head, you may report 36 Created on 3/20/2003 4:26 P?,13/12/2003 11:39 AM | the harassment to any Department Head or the Assistant Town Administrator. b) If a complaint involves a Department Head, the complaint shall be filed directly with the Assistant Town Administrator or Town Administrator. c) All complaints will be handled in a timely and confidential manner. No information concerning a complaint will be released by the Town to third parties or to anyone within the Town not involved with the investigation. The purpose of this provision is to protect the confidentiality of the employee who files a complaint, to encourage the reporting of incidents of harassment, and to protect the reputation of any employee wrongfully charged with harassment. d) Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses. Employees shall be guaranteed a fair and impartial investigation. All employees shall be protected from coercion, ihtimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation. The issue of whether sexual or other harassment has occurred requires a factual determination based on all the available evidence. e) If the investigation reveals that a complaint is valid, prompt attention and disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken. All disciplinary action shall 37 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM be- as specified in the Town personnel manual for disciplinary procedure. AB. Work Place Violence The Town of Estes Park strives to mdintain 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. Employees who feel subjected to any of the behaviors listed above should immediately report the incident to any Department Head or to the Assistant Town Admini s ttator. Complaints will receive attention and the situation will be investigated. Based on the results of the inquiry, action will be taken which management believes is appropriate. Employees who observe or have knowledge of any conduct listed above should immediately report it to a Department Head or the Assistant Town Administrator. The Town will investigate these events and look to employees for support of this process. In the event of imminent danger to yourself or others, please call 911 first and then notify the Assistant Town Administrator, or any Department Head at the Town of Estes Park. 38 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM | 39 Created on 3/20/2003 4:26 PM3/12/2003 11:39 AM ~ ~ EMPLOYEE ACCEPTANCE RECEIPT I have received a copy of the Personnel Policy Manual of the Town of Estes Park, have read it, and understand its terms. I understand that the Personnel Policy Manual is not, nor is it, ~ intended to be a contract between Â· the Town of Estes Park and myself, that the Manual can be changed, at any time, by the Town of Estes Park, and that those changes shallmer apply to me if relevant. I acknowledge the fact that I have had an opportunity to ask questions pertaining to the meaning of this Personnel Policy Manual. Signature Date 40 III Town of Estes Park Personnel Manual Appendix A CERTIFICATE OF RECEIPT I HEREBY ACKNOWLED GE RECEIPT OF THE ATTACHED INFORMATION PACKET, CONTAINING THE TOWN'S DRUG AND ALCOHOL TESTING POLICY. In addition, I agree to learn more about the negative effects and serious consequences of drug and alcohol abuse on my personal health and safety, and the safety regulations and procedures regarding the testing of drug and alcohol. Â§382.603 Signature Date TO BE KEPT ON FILE BY THE TOWN 1 Town of Estes Park Personnel Manual Appendix A FOR MORE INFORMATION: If you need more information or have any questions about any o f the following materials, please contact your supervisor. Â§382.601 (b)(1) I. Drug and Alcohol Policy. A. The TOWN values its employees and recognizes the importance of a safe and healthy work environment. Employees who use illegal drugs and/or abuse alcohol tend to be less productive, less reliable, more prone to accidents, and more prone to greater absenteeism, resulting in the potential for increased accidents, costs, and risks to themselves, their fellow employees, and the community. B. The TOWN desires to provide a safer workplace by eliminating the hazards to health and job safety created by alcohol and drug Abuse. C. Employees who engage in the use of illegal drugs or controlled substances, and/or who abuse alcohol, will be subject to disciplinary action up to and including termination. D. The TOWN will comply with the testing requirements of the U.S. Department ofTransportation and other applicable federal and state laws and regulations. II. Applicability. This policy applies to each employee who is required to hold a Commercial Driver's License (CDL). You need a CDL if you drive a TOWN vehicle: A. With a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight of more than 10,000 pounds; B. With a gross vehicle weight rating of 26,001 9r more pounds; C. Designed to transport 16 or more passengers; or j 2 Town of Estes Park Personnel Manual Appendix A D. Of any size that is used to transport hazardous materials which require the vehicle to be placarded under the hazardous materials regulations. Â§382.107 III. Circumstances for Alcohol And Drug Tests. Alcohol and/or drug testing will be done under the following circumstances: A. Pre-Emplovment. Before you are employed or start working in a safety- sensitive function, you will be tested (unless you are already being tested under another program) for drugs. Â§382.301(a) B. Accident Involving Death of Person. If you are in an accident while performing a safety-sensitive function and the accident involves the death of a person, you will be tested for both alcohol and drugs. Â§382.303(a)(1) C. Accident Involving a Ticket. If you are in an accident while performing a safety-sensitive function, and you receive a moving violation ticket because of the accident, you will be tested for both alcohol and drugs. Â§382.303(a)(2) D. 25%. 25 percent of all drivers will be randomly tested for alcohol each year. Â§382.305(a)(1) E. 50%. 50 percent of all drivers will be randomly tested for drugs each year. Â§382.305(a)(2) F. ReasonablE Suspicion.Â· Drivers under "reasonable suspiciong of alcohol use or drug abuse while performing a safety-sensitive function will be tested. Â§382.307(a) G. Return-To-Work. If you return to work on safety-sensitive functions after having tested positive for either alcohol or drugs, you will be tested again for alcohol or drugs after returning to work. Â§382.309 3 Town of Estes Park Personnel Manual Appendix A H. Follow-Up. If you have engaged in prohibited conduct, you will be subject to unannounced follow-up tests for alcohol and/or drugs as directed by the TOWN's substance abuse professional. Follow-up alcohol tests may take place just before, just after, or while you are performing a safety-sensitive function. Follow-up testing will not exceed 60 months from your return to duty. Â§382.311, Â§382.605(c) IV. What Is A Safety-Sensitive Function? The following are safety-sensitive functions to which the prohibitions on alcohol or illegal drug use of these policies apply. If you do any of these activities with respect to a TOWN vehicle to which a CDL applies, you are considered to be performing a safety- sensitive function: A. Any time you are waiting to be dispatched on a vehicle. B. Any time spent inspecting equipment oIl or inspecting, servicing, or 1- conditioning a vehicle. =.'. C. All driving time. D. Any time you are in a vehicle, other than when you are resting in its sleeper berth, if any. E. All time spent loading or unloading a vehicle, supervising,: or assisting in ' the loading or unloading,- attending a vehicle being loided or unloaded, being ready to drive a vehicle, or giving or receiving feceipts for shipments loaded or unloaded. F. .When in a vehicld accideht involving injury, death, or broperty damage of any kind, all the time- you sbend folldwing the requiredprocedures. G. All time repairing, obtaining assistance for, or staying by a damaged vehicle. Â§382.107, Â§395.2 H. Any time you are on call and may have to drive a vehicle. 4 , Town ofEstes Park Personnel Manual Appendix A V. What Drug/Alcohol-Related Conduct is Prohibited? The following specific conduct is prohibited: A. Being on duty and in the performance of a safety-sensitive function while having an alcohol concentration of 0.02 or more. Â§382.201, Â§382.505 B. Being on duty or driving a vehicle while in possession of alcohol. Â§382.204 4 C. Using alcohol while performing a safety-sensitive function. Â§382.205 D. Performing a safety-sensitive function within 4 hours after using alcohol. Â§382.207 E. If you have to take an alcohol test after an accident, using alcohol within 8 hours after the accident or until you take a post-accident alcohol test, whichever happens first. Â§382.209 F. Refusing to take a post-accident alcohol or drug test, a random alcohol or drug test, a reasonable suspicion alcohol or drug test, or a follow-up alcohol or drug test. Â§382.211 G. Being on duty or remaining on duty requiring the performance of safety- sensitive functions when using a controlled substance, except when the use is prescribed by a licensed physician and when the physician has advised you that the use of the controlled substance will not affect your ability to perform the functions. Â§382.213 H. Being on duty, reporting for duty or performing a safety-sensitive function if you tested positive- for illegaldrugs. You will not be permitted to perform or continue to perform safety-sensitive functions if you tested positive ;Â·for .illegal drugs. Â§382.215 5 , .. Town of Estes Park Personnel Manual Appendix A VI. Testing Procedures. A. Pre-Employment Testing. Before you are employed or before you first work in a safety-sensitive position, you will be tested for drugs. You will not be hired or allowed on duty unless the drug test is negative. Â§382.301(a) Exception to Pre-Employment Drug Test. You do not need a drug test if you have participated in a drug testing program in the last thirty days and while in that program you were tested for drugs in the last 6 months; or participated in random drug testing for the previous 12 months;,and no prior employer of whom the TOWN has knowledge has records of a violation of the drug policies of the DOT within the last 6 months. Â§382.301(c) Under these exceptions, the prior drug testing program in which you participated will be contacted and asked for the following information, subject to a written release from you: name and address of the. program; verification of your participation in the program; verification that you.. qualified under the program; date of your last drug test; and the results of that last test. The information stays in your file. Â§382.301(d)(1) B. Post-Accident Testin g. As soon as possible after an accident involving a TOWN vehicle to which a CDL applies, each surviving driver (if the accident involved the death of a person), or who received a citation for a moving traffic violation because of the accident, will be tested for both alcohol and drugs. A driver required to be tested under these circumstances will be transported to the testing site L ...... r . T lby theÂ·TOWN. Â§382.303(a) 1. Two Hours. If you fail or refuse to take an alcohol test within 2 hours after the accident, your supervisor will prepare and keep a file stating why the test was not taken. If the alcohol test is not administered Within 8 hours after the accident, your supervisor will cease attemptsÂ· to require the test and will proceed to prepare the file. Â§382.303(b)(1) 6 Town of Estes Park Personnel Manual Appendix A 2. Thirtv-Two Hours. If you fail or refuse to take a drug test within 32 hours after the accident, your supervisor will cease attempts to require the test and will proceed to prepare a file stating why the test was not administered. Â§382.303(b)(2) 3. Availability. You must remain available for testing after an accident or you will be considered as having refused to be tested. This does not mean that you cannot leave the scene of the accident to obtain assistance or that medical attention will be delayed for injured drivers. Â§382.303(c) C. Random Testing. At least 25 percent of all drivers will be tested for alcohol every year and at least 50 percent of all drivers will be tested for drugs every year. Â§382.305(a) These percentages may change based on a federal determination which is published annually in the Federal Register. Â§382.305(b)-(d) 1. Selection Method. The selection of drivers for rahdom testing is made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with a driver's social security number. Under that process, each driverhas an equal chance of being tested each time a selection is made. Â§382.305(c)-(f) 2. Notification. Random tests will be unannounced and the dates for : ' their administration will be spread reasonably throughout the year. Your supervisor will tell you if or when you are selected for a - random alcohol or drug test. Â§382.305(g) 3. Procedure. If you are notified of a random alcohol or drug test, you must proceed to the test site immediately. If you are performing a safety-sensitive function when noti fied of a test, you will need to stop 7 Town of Estes Park Personnel Manual Appendix A and proceed to the test site as soon as possible. Â§382.305(h) 4. You can only be tested while you are performing safety-sensitive functions, just before performing those functions, or just after performing those functions. Â§382.305(i) D. Reasonable Suspicion Testing. 1. What Is Reasonable Suspicion. You may be tested for alcohol or drugs ifyour supervisor has "reasonable suspicion" that you are using or abusing alcohol or drugs while performing a safety-sensitive function. He/she will base the decision on specific, present, and particular observations of your appearance, behavior, speech or body odors, including indications of the chronic and withdrawal effects of illegal drugs. Â§382.307(a) 2. Procedure. Your supervisor or other official must observe specific examples and make observations of appearance, behavior, speech or body odors which lead him/her to believe that you are using or abusing alcohol or drugs. Supervisors and other officials are trained in the ways to detect the use and abuse of alcohol and illegal drugs. The person who makes the observation will not be the same person who administers the alcohol or drug test. If you are required to be tested under these circumstances, the TOWN will provide transportation to the testing site. Â§382.307(b)-(c) 3. Alcohol Tests. You can only be tested for alcohol if the observations are made during, just before or just after you worked on a safety- sensitive function. If you fail or refuse to be tested within 2 hours of the observations, your supervisor will prepare a file stating why the alcohol test was not promptly administered. After 8 hours, your supervisor will cease attempts to require the test and will prepare a file stating the reasons for not administering the test. Â§382.307(d).(e)(1) If your supervisor has reasonable suspicion that you are under the influence of or impaired by alcohol, you will not be permitted to 8 Town of Estes Park Personnel Manual Appendix A work on safety-sensitive functions until you have taken art alcohol test and the results show a concentration of 0.02 or less; or 24 hours have passed after the observation. No action shall be taken against you solely on the basis of your behavior and appearance in the absence of an alcohol test. Â§382.307(e)(2) 4. Drug Tests. You can only be tested for drugs if the observations are made during, just before or just after you worked on a safety- sensitive function. If you fail or refuse to be tested within 2 hours of the observations, yout supervisor will prepare a file stating why the drug test was not promptly administered. After 8 hours, your supervisor will cease attempts to require the test and will prepare a file statiIig the reasons for not administering the test. Â§382.307(d)-(e)(1) I f your supervisor has reasonable suspicion that you are impaired by drugs, you will not be permitted to work on safety-sensitive functions . until you have taken a drug test and the test show negative results; or 24 hours have passed after the observation. No action shall be taken against you solely on the basis of your behavior and appearance in the.absence of a drug test. If you fail or refuse to take a drug test within 32 hours after the observation, your supervisor will cease attempts to require the test and will proceed to prepare a file stating why the test was not administered. E. Return-To-Duty Testing. 9 Before you return to work after a violation of either the alcohol or drug policy, you will be tested for alcohol or drugs again. The test results must indicate an alcohol concentration of 0.02 and/or less and be negative for drugs before you may perform any safety-sensitive functions again. Â§382.309 F. Follow Up Testing. When you test positive for either alcohol or drugs, you will be evaluated by a substance abuse professional. If the substance abuse professional decides 9 1.1 , Town of Estes Park Personnel Manual Appendix A that you need assistance in dealing with an alcohol or drug abuse problem, you will be subject to unannounced follow-up alcohol or drug tests according to the directives of the substance abuse professional. Follow-up alcohol tests are only conducted just before, just after, or while you work on a safety-sensitive function. Â§382.311 VII. Procedures used to test for presence of alcohol and controlled substances. A. Alcohol Testing Procedures. 1. What Is Tested? Alcohol testing is done by testing breath because breath is the most easily obtained bodily substance and the results are known within minutes of testing. The test results are displayed and printed in terms of grams of alcohol per 210 liters of breath. The testing device is called an-Evidentiary Breath Testing Device (EBT). The EBT is a scientific instrument which determines the concentration of alcohol expressed as "percent per weight.' Ittdoes this by analyzing a specific volume of expired breath. The weight of alcohol in the breath sample is determined and the quantity of the alcohol converted to its equivalent value inÂ·blood. A Blood Alcohol Concentration (BAC) of 0.10 means 1/1Oth of a gram of alcohol per 210 liters of breath. The EBT will print three copies of each test result and the test results will be numbered. Â§40.53 2. Ouality Assurance Plan. EachÂ· EBT must have a Quality Assurance Plan (QAP) developed by the manufacturer. The plan shows the methods used to perform external calibration checks using only approved calibration devices. It also describes the minimum intervals for performing the calibration checks for the EBT and specify the tolerances for external calibration checks. within which the EBT is in proper calibration. Finally, the plan specifies inspection, maintenance, and calibration requirements and intervals. Â§40.55 3. Initial Test. A test may have two separate parts. The first test is the initial test. If the initial test shows a reading of less than 0.02, the test is recorded as "negative." If the initial test result is 0.02 or greater, a confirmation test will be done. The alcohol testing will be 10 Town of Estes Park Personnel Manual Appendix A administered at a site that affords privacy. Only one breath test will be done at one time. The person giving the test will not leave the testing site during your test. Â§40.57 Only a ceMified breath alcohol technician (BAT), trained in the operation of the EBT, may administer the alcohol test. Your supervisor may not administer the test under any circumstances. Â§40.51 -. The EBT will immediately read the results of the test and a copy of the printed results will be given to you. Printed results are not required for the initial test. Â§40.59 4. Identification. Before the test is adniinistered, the BAT will ask you to provide identification. If you ask, the BAT must give you his/her name. Â§40.61 p . 5. Blank Test. The first part of the testing process is to make sure that the EBT is operating properly. In your presence the technician ruhs an "air blank" test to make sure the EBT is working correctly and the reading is zero. Next, a sealed mouthpiece is opened and placed into the EBT. In order to get a sufficient quantity of deep lung air, you will be asked to blow into the mouthpiece for at least 6 seconds, or .. until the EBT indicates that an adequate amount of breath has been obtained. Â§40.63 C.... .. 6. 1. Confirmation Test. When the initial tests results show a reading of :.; +-.: 0.02- or greater, a confirmation test is necessary. The BAT who /.. i administers the confirmation test will be different from the BAT who administered the first test. Before the confirmation test, a 15 minute waiting period ~ will be observed. The purpose of the 15 minute waiting period is to make sure that the presence of mouth alcohol from recent use of food, tobacco, or hygiene products, does not artificially raise the test results. As the confirmation test is done on 11 Town of Estes Park Personnel Manual Appendix A the same EBT as the first test, the testing procedures will be the same. When the results of the test are available, the BAT will show them to you and ask you to initial the form on which the results are printed. Â§40.65 When the confirmation result is different from the initial test, the lower of the two results will be used to determine the consequences. A breath alcohol testing form will be prepared with a copy for you. Â§40.65 7. Inadequate Breath Sample. If you refuse to try to provide an adequate breath sample, the BAT will immediately noti fy the TOWN. Â§40.67 If you try to provide an adequate breath sample but you are unable to, the BAT will make a note of it in the "Remarks" section of the form and immediately inform your supervisor. You will be directed by your supervisor to obtain an evaluation by a licensed physician. The physician will provide an opinion on whether or not a medical condition has prevented you from providing the breath sample. Â§40.69 8. Release of Results. The results of your alcohol test or tests will not be released to others unless you expressly authorize the release or unless required by law or court order. Foi example, the TOWN may release the results of your alcohol test(s) to your next employer if you furnish the TOWN a letter authorizing the release of the results. The TOWN will not release test results unless you specifically request the release IN WRITING. The TOWN may make the authorization for release of previous test records a requirement for employment. Â§40.81 B. Drug Testing Procedures. 1. Which Drugs. -'The required testing program is limited to five types of drugs: marijuana, cocaine, opiates, amphetamines, and phencyclidine. Â§40.21 2. Testing Conditions. All drug testing must be done from urine specimens collected under highly controlled conditions. Specimen 12 Town of Estes Park Personnel Manual Appendix A collection procedures require a designated collection site; security for the collection site; chain of custody documentation; use of authorized personnel; privacy during collection; integrity and identity of the specimen; and transportation to the laboratory. Â§40.23 3. Certified Laboratories. Driver protection is built into the testing ' procedures. The only laboratories that can be used are those that have been properly certified. Â§40.39 4. Tests. After the urine specimen has been collected and fonvarded to the laboratory, two tests may be performed. The initial test is the immunoassay test. This is a screening test to determine drug usage for the five classes of drugs. The second test is a confirmation test. Â§40.29 5. Initial Test. If the results of the initial test are negative, the testing laboratory will advise the TOWN's Medical Review Officer (MRO) that the drug test for the driver was negative. No additional tests on the specimen will be done.. Â§40.29 6. Confirmatory Test. If the results of the initial test are positive, that is, i f the results exceed the permitted levels for any of the five drugs , tested, a second (confirmation) test is performed. In the meantime, you will be removed from performing any safety-sensitive duties, even though the results of the confirmatory test are not yet available. The second, or confirmatory, test is done in an entirely different manner from the initial one. All. specimens identified as positive on the initial tests must be confirmed using gas chromatography/mass spectrometry techniques. Only specimens that are confirmed positive on the second or confirmatory test are reported positive to the MRO for review and analysis. Â§40.29 7. Â· . Split Specimen Collection. A split specimen collection will be done. That is, the urine is divided into two specimen bottles. if the test result ofthe primary specimen is positive, you may request the MRO to send the second (or split) specimen to a different certified lab for testing. The test of the split specimen will be for the presence of drugs with no cut-off levels. If the result of the test of the split 13 Town ofEstes Park Personnel Manual Appendix A specimen is negative, the MRO will cancel the test. If you want the split specimen tested, you must advise the MRO within 72 hours of being notified of the positive test result of the primary specimen. If you provide an insufficient quantity of urine, the test will be canceled. You will be asked to drink fluids and to take another test 2 hours after the first test. All costs for a split specimen test will be paid by the employee. Â§40.25 8. Records of Results. The TOWN will keep a record in the driver's personnel file showing the type of test (pre-employment, etc.); date of collection; location of collection; entity performing the collection; name of the lab; name of the MRO; and the test results. The results of your . test or tests will not be released to others unless you expressly authorize the release or unless required by law or court order. For example, the TOWN may release the results of your test(s) to your next einployer if you furnish the TOWN a letter authorizing the release of the results. The TOWN will not release test results unless you specifically request the release IN WRITING. The TOWN may make the authorization for release of previous records a requirement for employment. You can access the results of your drug test(s) if you make a request IN WRITING. Â§40.37 VIII. Alcohol And Drug Tests Are A Mandatory Requirement of Your Employment. Your employment requires you to take a post-accident alcohol or drug test, a random alcohol or drug test, a reasonable suspicion alcohol or drug test, or a follow-up alcohol or drug test. If you refuse to take any of those tests, your supervisor will consider that you tested positive for alcohol and/or drugs, and you will not be permitted to perform or continue to perform any safety-sensitive function except in accordance with the procedures which apply to a positive test. Â§382.211 Refusing to be tested means that you either: A. Did not. provide enough breath for testing without a valid medical explanation after you were told the requirements for breath testing; 14 Town of Estes Park Personnel Manual Appendix A B. Did not provide adequate urine for drug testing without valid medical explanation; or C. Engaged in conduct that clearly obstructed the testing process. D. Refused to take an alcohol or drug test. Â§382.107 IX. What Happens If You Test Positive For Alcohol Or Drugs? A. Immediate Consequences. You will not be allowed to work on a safety- sensitive function. You will also be placed on administrative leave without pay (you may use any accrued sick leave or vacation leave) until you have completed return-to-duty testing. Â§382.501, Â§382.503 B. Evaluation. If you have engaged in prohibited conduct, you will be advised by your sÂ®ervisor of the resources available to you in evaluating and addressing your alcohol or drug- abuse problem, including the names, addresses, and telephones numbers of substance abuse professionals, counseling and treatment programs. Some information is provided in these materials. You will also be evaluated by a substance abuse professional who will determine what type of assistance, if any, you need in addressing your dependence problem. The TOWN will maintain a. substance abuse professional. Â§382.605(a)-(b) C. Return-To-Duty Testing. If you have violated these provisions, you will, before returning to duty and work on a safety-sensitive function, take a return-to-duty alcohol test with a result indicating less than 0.02, if your conduct involved alcohol,Â· or a negative drug test, if the conduct involved illegal drugs. Â§382.605(c)(1) D. Follow-Up Testing. In addition, if the substance abuse professional decides that you need assistance, you must be evaluated again before returning to work to make sure that you have properly followed any rehabilitation program. You will also need to take unannounced alcohol and drug tests after you come back on duty. The number and frequency of the tests will be decided by the substance abuse professional. There will be at least 6 15 Town of Estes Park Personnel Manual Appendix A tests in the first 12 months follpwing your return to work. Both alcohol and drug tests may need to be administered if the substance abuse professional so determines. Follow-up testing may occur up to 60 months from the date of your return to duty. The substance abuse professional may determine to stop the follow-up testing at any time after the first 6 tests if he/she decides that the tests are no longer necessary. Â§382.605(c)(2) E. Referrals. The substance abuse professional who refers you to treatment because of a substance abuse problem shall not refer you to his/her own private practice or to a person or organization from which he/she receives payment or in which he/she has a financial interest. F. Further Discipline and Rehabilitation. You will also be subject to the provisions of Section XI, Discipline and Rehabilitation. Â§382.605(e) X. What Happens If Your Alcohol Concentration Is 0.02 Or More, But Less Than 0.04? If the results of your alcohol test show an alcohol concentration of 0.02 or more, but less - than 0.04, you will not be allowed to work on a safety-sensitive function, including driving a TOWN vehicle, until the start of your next regularly. scheduled duty time, as long as there are at least 24 hours between taking the test and when you start work again. .You may also be subject to additional actions consistent with regulations. Â§382.505 XI. Discipline and Rehabilitation. A. Alcohol Violations: 1. First Violation: After the.first violation due to the use of alcohol, if the test results indicate that the employee had a breath/alcohol concentration of 0.04 or greater, such employee shall, at the TOWN's discretion, either be subject to discipline as set-forth in paragraph N., Disciplinary Action, of the TOWN's Personnel Policy Manual, and/or the employee shall be removed from and cannot perform his/her job until: (a) The employee undergoes an evaluation by a substance abuse professional and, where necessary, undergoes rehabilitation; 16 Town of Estes Park Personnel Manual Appendix A (b) A substance abuse professional determines that the employee has successfully complied with any required rehabilitation; and (c) The employee undergoes a return-to-work test with a breath/alcohol result of less than 0.02. If the results indicate the employee had a brtath/alcohol concentration of 0.02 or greater, but less than 0.04, such employee will not be permitted to perform his/her . job duties for a minimum of 24 hours. The employee's supervisor will have someone take the employee home. In that event, the employee must use any type of accrued leave, or leave without pay. The employee will be subject to "follow-up" testing as described herein. 2. Second Violation. Upon the second or further violation, employee will be subject to discipline as set- forth in paragraph N., Disciplinary Action, of the TOWN's Personnel Policy Manual. B. Drug Violations. 1. First Violation. After the first violation due to the use of drugs, as determined by testing, the subject employee shall, at the TOWN's discretion, either be subject to discipline as set-forth in paragraph N., Disciplinary Action, of the TOWN's Personnel Policy Manual, and/or the employee shall be removed from and cannot perform his/her job duties until: (a) The employee undergoes evaluation, and where necessary, rehabilitation; .. (b) A substance abuse professional determines that the employee has successfully complied with any required rehabilitation; and (c) The employee takes a return-to-work test with a verified negative test result. The employee will be subject to a "follow-up" testing as described herein. 17 ' Town of Estes Park Personnel Manual Appendix A 2. Second Violation. Upon the second or further violation, the involved employee will be subject to discipline as set-forth in paragraph N., Disciplinary Action, of the TOWN's Personnel Policy Manual. XII Requirements Relating to All Breath and Drug Tests A. Obligations of Emplovees: 1. Once an employee has been notified of the need for an alcohol and/or drug test to be administered upon the employee, the employee shall be required to voluntarily submit to the administration of a breath/alcohol test, or drug test, or both, immediately after being so notified unless the employee is physically incapable of submitting to such test(s), and such inability is beyond the employee's ability to remedy, or a supervisor authorizes, in writing, a delay in the testing procedure. In such event the employee shall voluntarily submit to such testing as soon as the employee becomes physically capable of doing so. 2. If an employee's supervisor has reasonable suspicion to believe that the employee is under the influence of or impaired by alcohol or drugs, the employee will not be permitted to work until after the employee has taken a breath/alcohol and/or drug test and the results show a breath/alcohol concentration of 0.02 or less and/or test negative for drugs and/or 24 hours have passed after the last observation of suspected impairment. 3. In the event an employee: (1) fails the test for alcohol and/or drugs; (2) fails to voluntarily submit to the administration of such testing within the time limits set forth herein (absent physical inability); or (3) in any fashion knowingly obstructs, impedes, delays, or interferes with such testing, such conduct shall give rise to an irrebuttable presumption that the tests would have turned out positive for alcohol use and/or drug use. In that event, the employee will be subject to disciplinary action up to and including termination as outlined in the TOWN's Personnel Policy Manual. 4. If a breath/alcohol and/or drug test cannot be administered due to no fault of the employee to be tested, no disciplinary action shall be taken against the employee. 18 Town of Estes Park Personnel Manual Appendix A _March-5, 2003 . PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: 0' The application was filed Februarv 13, 2003 4 The Town has received all necessary fees and hearing costs. 1 The applicant is filing as a Partnership 1 There is a police report with regard to the investigation of the applicant. < Status of T.I.P.S. Training: X Unscheduled Scheduled Completed (Date: ) MOTION: Move the Transfer Application filed by Luis & Ignacio Ruiz , doing business as RIO AZUL MEXICAN RESTAURANT for a Hotel & Restaurant License be approved/denied. - - - Town Clerk's Office Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Vickie O'Connor, Town Clerk Date: March 21, 2003 Subject: Liquor-License Transfer Luis and Ignacio Ruiz, dba RIO AZUL MEXICAN RESTAURANT have applied for a Transfer of Ownership of the Hotel & Restaurant Liquor License formerly held by Long's Peak Grilling Co., Inc., 430 Prospect Village Dr. The Partners have been operating under a Temporary Permit issued by-the Town Clerk's Office on February 13m. Under this Permit, a Transfer of Ownership application mustbe completed within 120 days and the applicants have met this requirement. T.I.P.S. Training: we have implemented the following procedure in assisting licensees to obtain the required training for servers of alcohol: 4 Mary McGrath, a Certified T. I.P. S. Trainer employed by American Eagle Distributors, is the primary contact person. 4 All new applicants receive a letter from the Town Clerk's Office with instructions to contact Ms. McGrath and schedule a class. As required by the Town Board, applicants are advised this training must be scheduled and completed within 6 months of opening. A similar letter is sent to Ms. McGrath to assist in scheduling various classes. The cost is $36.00/person, and, upon a successful test score, the applicant receives a certification card. 4 Upon class completion, Ms. McGrath provides a list of participants to the Town Clerk's Office. 1 TOWN OF ESTES PARK Police Department --1"AgeÂ¥' 4 3 ..19/fv ..37\ *.:p " 9- ru- >C , ~~ vit,444 10~7312,14/.**2~- 1,21 /,%1--r 7 / A -3 February 27,2003 Rebecca van Deutekom, Deputy Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Rio Azul Mexican Restaurant Hotel & Restaurant Ruiz, Ignacio DOB: 07/31/58 Ruiz-Delgado, Luis E. DOB: 09/10/60 Dear Ms. van Deutekom: An Estes Park Police Department local records check based upon the names and dates of birth on the above-named individuals has been made. There are no local records on the above-mentioned individuals. Sincerely, 1.lg-e 14.Lue Awell C. Rich@json Chief Of-Police, Estes Park Police Department (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 DR 8404 (06/02) Page 1 21 COLORADO 6EPARTMENT OF REVENUE L1Qlj0R ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION U NEW LICENSE LY] TRANSFER OF OWNERSHIP ~ LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) Â· LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a U Individual 2 Corporation 01 Limited Liability Company 94 Partnership (includes Limited Liability and Husband and Wife Partnerships) C Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Fein Number - F Luis 2012. i IGNAâ‚¬fo kfult 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone R.Co A ZO L k exicA,3 2<ESTAQ AA,14 4/30 JAG 9 701 51-7 -1 0 59 3. Address of Premises (specify exact location of premises) 430 7> 2.Â©ip Ec:1 V iNAGâ‚¬ Dr, aty State ZIP Code ESTâ‚¬5 p All<- ' CO.~62â‚¬(2?-~ a PO'527 4. 1 â‚¬ r/=Pr-,=rT--T- 4. Mailing Address mlumber and Street) City or Town State ZIP Code â‚¬ AA#2- A S 11 BOU G- 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) 0, Present State License No. Present Class of License Pre@ent Expiration Date Lon45 Aak 6-rt//Inq Co. 40-637/8-0000 H Â¢A 4-/6-03 7 1*a V)14.**SECTIONIAâ‚¬Ndnrefull<IAblet:APPLICATION FEES Â«' â€žLIABS **siCâ‚¬G*?rSECTION D*t;*8352#~,LIQUOR LICENSE FEES' -1.9.:rk j U Application Fee for New License..........................,... 900.00 919404 E Retail Liquor Store License (city)......................... $227.50 63(* El Application Fee-New License Concurrent Review.. 1000.001940 0 Retail Liquor Store License (county) ..................... 312.50 2310 m Application Fee for Transfer of Ownership ............... 900.00 i<95jÂ£ D Liquor Licensed Drugstore (city) ........................... 227.50 ~ te **ISECT]ON BiÂ§&~*%*31Â¥4**3.296 BEER UCENSEFEES 22% m Liquor Licensed Drugstore (county) ................... 312.50 21,21' m Retail 3.2% Beer On Premises - (city) ......................$96.25 461R1# O Beer & Wine License (city) ................................... 351.25 31* 1 Retail 3.2% Beer On Premises - (county)................. 117.50 ~ O Beer & Wine License (county) .............................. 436.25 2122 E Retail 3.2% Beer Off Premises - (city) ........................ 96.25 419707,2#1 & R License*city C]county .............................500.00 5'SW,1 2122 2 Retail 3.2% Beer Off Premises - (county) .................117 50 .cr> 4 1,;66; m H&R License w/opt Prem m city m county .......... 500.00 .-*e.4 2123 2 Retail 3.2% Beer On/Off Premises - (city) .................. 96.25 939% El Club License m city m county ............................... 308.75 '4&%24 117.50 :2010' O Tavern License Il city m county ............................ 500.00 2123 0 Retail 3.2% Beer On/Off Premises - (county) ........... 0 Â· I.*I .20'20.' C]Arts License m city m county.................................308.75 115;?#*RteÂ¢19#i~ON.(i?1520*X~.RELATED- FEES AND' PERIVIITS;3 ~~;~ U Racetrack License n city m county 500.00 1985-100 (999) U Addition of related Facility Permits to existing 1~6' Il Optional Premises License Il city m county ......... 500.00 Resort Complex license $50.00 x 1190'f- U Retail Gaming Tavern Lic Â£ city m county ............500.00 Total Fee 4,â‚¬,di:,m, 2210-100 (999) U Retail Warehouse Storage Permit ....$100.00 2324 Â¤ Brew-Pub License 750.00 2220-100 (999) U Addition of Optional Premises to existing hotel/restaurant 11.MRi El Resort Complex License 500.00 $75.00 x Total Fee PA C]H/R-Tavern Manager's Registration................. $75.00 4-*ire DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY .- LIABILITY INFORMATION 9.954Â·4 54 2:#:71" 3 ' ., County ~ -, City. - : ~1. Industry Type - .Â· f- License Account Number '- ' . Liability Date , ?'* License Issued Through (Expiration Date) Â« FROM 2 4 Y TO. i State . City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) - .750(999) ./ .q'lilliw IllillillilillillillillilliWilillillillillill Cash Fund New Ucense Cash Fund Transfer Ucense TOTAL 2300-100 ' 2310-100 (999) (999) DR 8404 (06/02) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No. holders or directors if a corporation) or manager under the age of twenty-one years? 0 1 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever Oil Colorado or any other state); (a) been denied an alcoholic beverage license? DE (b) had an alcoholic beverage license suspended or revoked? m Â® (c) had interest in another entity that had an alcoholic teverage license suspended or revoked? 0/ If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. Â· Â· m A 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. C] Â® 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of m W Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any E El current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? 1% El El Ownership M Lease D Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord eowâ€¢,eps Tenant , Expires 3 9/U. Â£77255 60'/ AD, LLC- 6 g.d gFE LUi3 12U TL .2610 40'6 2,-HZ 02.1/0 (0 8 Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this bosiness. This diagram should be no larger thdn 8 1/2" X 11 ". (Doesn't have to beÂ·to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including bartnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. C] 0 Number of separate Optional Premises areas reqi tested. 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. m Â® 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and UÂ® not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is m g operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) . to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 0 6 (Copy of notice or application must be attached) 17a. Name of Manager (If this is an application for a Hotel, Date of Birth Restaurant or Tavem License, the manager must also submit an Individual History Record (DR 8404-1). 09 1/0~40 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. 80 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? ms If yes, provide an explanation and include copies of any payment agreements. DR 8404 (06/02) Page 4 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fihgerprint cards to their local licensing authority. DATE OF POSITION % OWNED NAME HOME ADDRESS, CITY & STATE BIRTH 2 uu 52. ' 70 800 / 9 9 7 657Er pA,Ck (~e. 09.he~ 6606)6,<- Sbl -4 GA}Ada Ruir, Ps 250, 19 F 7 â‚¬237-23 PAWK (3 7 ~3t~ira OU),Â·14.L 56-,0 20. Has the Applicant provided, or does the applicant.intend to provide their staff with server training. C~~3:> No Additional Documents to be submitted by type of entity El CORPORATION El Cert. of Incorp. El Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) E PARTNERSHIP El Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY U Articles of Organization CJ Cert. of Authority (if foreign company) E Operating Agrmt. E ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service 08.Lt. â€¢1â€¢21*AS.Â·E,1,Â¥4~.lzE' *19*fyÂ·'fNS-FTSItÂ«,8(trtury,'2.1,the.sff:4hdld,gree19tlhipifpPEatiovn,add all#AFTIes'aIf?*{r4Pteffeft,&7(*pmlÂ¤}6 Â°+92&9pst-gf my*'Te#dge*alâ‚¬ackiibwlidge:thit it is i446&46*sibility*andtfle:resljoftsibility of rriAgent* and embloyeest to complAilih'the *fovidions'of.thetolowdd"Li4ti86-32'536-r CiBd@lvhicfilaffe~ctli*176@RAR~igrj~~,~~444:Vi*1-~4<428' Authorized Signature Title ~ Date 0 w.lu g.k 1 -l-1 ..03 1#7**%*!iREPOREANDSAPPROVAIROF:LOCAL:LICENSING<Ag*AORITYÂ®11:Y/COUNTY)if ~66*.f Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less 4-duaiuk /8, 6400 3 than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required tdjife DR 8404-1: Yes No a. Has been fingerprinted b. Background investigation and NCIC and CCIC check for outstanding warrants conducted c. The local authority has already conducted, or intends to conduct, a premise inspection to insure that the applicant is 0-0 in compliance with, and aware of, liquor code provisions affecting their class of license. (clate of inspection) 00 If not, does the authority want the.state to conduct such an inspection. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C. R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number ~ ' TOWN, CITY U COUNTY Signature Title Date ignature (attest) Title Date 1 If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerkto the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD e completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business 208 4, ~-~ o k~-u L tiegic.A J R-eno RAOT 2. Your Full Name (last, first, middle) 3. List any other names you have used. L 4 13 6. Ruia 4. Mailing address (if different from residence) Home Telephone 9,0,8 OX )997 657â‚¬5 pAR-(<_ 80511 Â¢9701577 -10 50. 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current -pt) 800 /947 25715 PA<K Por/7 041 03 f~rrisle.I.~ . Previous 1 1 000 w. Morue"locAh<21.Ave-9 -A,J (1//hu Coyosoc 09/0, O2-19.43 ' 4/9'7Sk Wrs A-(1 AJ C. M/'GAÂ·b) A 7 -Se/4.4 ~a_ Ak . 94069 11 ]99 . 09/0 ; C 3 Lu . 25.07 # / _ 903 l.0 - 30714 -01 A-5 AA.)CUBLAGE- A K.9953 02/90 11/99 6. Date of Birth Sodal Security Number (SSN) Place of Birth 7. U. 5. Citizen? 49 ~10 ~40 574-9 4- 4/ 72. . )4 2,r>c-a m Yes ~E'RIo If Nhturalizbd, state where When Name of District Court Naturalization Certificate Number f Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number A-92,42.35-31 9 2 1 8. Height Weight Hair Color Eye Color Sex Race Â· 9. Do you have a current Driver's License? If so, give number & state y~" 1Â£?f #U< 8120Â· ~M 0.~f,1.)~ Yes EIND 6,0.AS-d'ZG, 4/4-s-/<2 . 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER 7=Â»Acio c. 2u,z_ '--3 2-aÂ¥,+20(- Ass/'s-LoklIADAL.A. O 60 U GIC. 210 6 au C '2 â‚¬3:Au ,-4 Â· ave you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or ventory, to any liquor or beer licensee? If yes, answer in detail. El Yes F.No 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) U Yes E No . 13. Have you ever received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes Â® No 14. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO /10=pules Ader-24.12.es/*Aukul. )03 w.l\A n.u a.do sr 7Gd Gl/,135 (80,=2~10|01 ll- 02_ . AGApole-c> ~exiÂ¢66 %31'144 Â«4 447.rys-reÂ£:6 0,0/41, Solda~~1_ Al<Â¢-Wo,-R-pe[~ 1 1 0101 AU fo~.0 11â‚¬Kicat Rip{Auvt.01 903.w. 30,u 46-5-3- AA,CMÂ©RaGâ‚¬ Ak. otop EL ?Â¥. 09/fi 4 15. Financial Information. Total purchase price $ / 44#. 0/)to (if buying an existing business) OR list the total amount of your investment in the new business; including notes, loans, cash, services or equipment, and operating capital $ 2-4. OAG- Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.)Â· Amount / CF: 000 - U) 6//S FAir# ZAO k. 1101-768974 /s,-600 - Loan Information (attach copies of all notes or loans) Name of Lender Address Terin Security Amount nont 16.Â·Give name of bank where business account will be maintained; name the account will be maintained under; and the.name or names of persons authorized to draw thereon. Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best o my knowledge. Authorized Signature Title Date OW uGj>- 5-)0-03 V ki \-12; DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD e completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business -:Ria. a , 12-\ 0 1 2u L U crxzca u li~ â‚¬37-,4 u BA d 4 2. Your Full Name (last, first, Â·middle) 3. List any other names you have used. I 6 61 Act & a R viL 4. Mailing address (if different from residence) Home Telephone P.odox. 2947 257-es p>Aric d.%03-17 6170401-130-9. 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current 90 ter /9 97 as-res PAAIC d .Ros-,7 07. holo) P,tesâ‚¬â€¢10 Previous / /90/ 4. GuM PRGA SAA,-16 6/8 -CAh/C 1 0/9 9. 040% 6. Date of Birth Social Security Numbef (SSN) Place of Birth 7. U. S. Citizen? 07~31 ~5-9 574 -7 4 -52.11 jU G Xi to U Yes /No If Naturalizâ‚¬d, state where Vhhen - Name of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number PermanentÂ·Residence Card Number 39 26'f/987 A-49 0779/ y E-S # 8. Height Weight Hair Color Eye Color Sex Race 9. Do you have a current Driver's License? If so, give number & state 4C 6-'6" 18926 i,wy- 1,8-9. %.t'dedfh., 044% UP40 A-4 90714/ CA'19 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD . NAME OF EMPLOYER 2 Uil *u ,-'t 302Â©74Â£,c 8 20" GA R ; 0 62-0 Â£ Rmsko,uâ€žA. ave you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or ventory, to any liquor or beer licensee? If yes, answer in detail. U Yes M No 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail".) U Yes g No . 13. Have you ever received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes X] No 14. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO 71 M <*oneâ€ž (beAve 94 : 2 044 2 09 001 15. Financial Information. Total purchase price $ / 40/ 000 - (if buying an existing business) OR list the total amount-of your investment in the new business, induding notes, loans, cash, services or equipment, and operating capital $ 9.000 - Provide details of Investment.- You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount 9 000 - ~ . As#. Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount none 16. Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons authorized to draw thereon. Oath of Applicant I. declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best my knowledge. Authofe1Signature KTZ> Title Date 4* /10/6 I -I G 07 March 11, 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: < The application was filed March 6,2003 1 The Town has received all necessary fees and hearing costs. 4 The applicant is filing as a Partnership [ir There is a police report with regard to the investigation of the applicant. 4 Status of T.I.P.S. Training: X Unscheduled Scheduled Completed (Date: ) MOTION: Move the Transfer Application filed by Don R. Spomer and Darcy A. Spomer doing business as SPUR 66 LIQUOR for a Retail Liquor Store License be approved/denied. . Town Cle,Ws Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Vickie O'Connor, Town Clerk Date: March 21, 2003 Subject: Liquor-License Transfer Don and Darcy Spomer, dba SPUR 66 LIQUOR have applied for a Transfer of Ownership of the Retail Liquor Store License formerly held by Don, Marge, and Darcy Spomer, 900 Moraine Ave. Marge Spomer is deceased, thus the remaining partners are required to transfer the license into their two'names. T.I.P.S. Training: we have implemented the following procedure in assisting licensees to obtain the required training for servers of alcohol: 4 Mary McGrath, a Certified T.I.P.S. Trainer employed by American Eagle Distributors, is the primary contact person. 4 All new applicants receive a letter from the Town Clerk's Office with instructions to contact Ms. McGrath and schedule a class. As required by the Town Board, applicants are advised this training must be scheduled and completed within 6 months of opening. A similar letter is sent to Ms. McGrath to assist in scheduling various classes. The cost is $36.00/person, and, upon a successful test score, the applicant receives a certification card. 4 Upon class completion, Ms. McGrath provides a list of participants to the Town Clerk's Office. 1 TOWN OF ESTES PARK Police Department 5.~ tÂ«f- iiv,Z , . Â· 3, /,0/.'/,--434%~AMMP#<Ag"*4"AE,W5#.12*:~ * 2,0 - 3/"4"8*1#:14(<-r:,-r_-Gite.*04:14 flip"~Wilill/2914,1,Laflix:GFI ..4 I *62*. 64 - -1.X =-1 March 21, 2003 Rebecca van Deutekom, Deputy Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Spur 66 Liquor Retail Liquor Store Spomer, Darcy A. DOB: 05/27/54 Spomer, Donald R. DOB: 02/19/28 Dear Ms. van Deutekom: An Estes Park Police Department local records check based upon the names and dates of birth on the above-named individuals have been made. There are no recent records over the past year on the above named individuals. Sincerely, -4244. UlowerI-clathardson Chief of Police, Estes Park Police Department (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 DR 8404.(06/02) Page 1 21 COLORADC DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION U NEW LICENSE ~TRANSFER OF OWNERSHIP m LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ Â· APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a E individual E Corporation U Limited Liability Company Ff Partnership (includes Limited Liability and Husband and Wife Partnerships) D Association or Other 2. Name of Applicant(s) If partnership, listertners' names (at least two); if corporation, name of corporation Fein Number 1 061 2- . Spo *LE Â¥ D Atol A . Sfc> RER= 2a.Trade Name of Establishment (DBA) / State Sales Tax No. Business Telephone S P U. E- le le 1--1 Q U. o R_, /a- 41362.0000 (9 -103 5-26-3607 3. Address of Premises (specify exact location of premises) 900 7710 2-Ative A Ve . City County State ZIP Code 6 ST-Q-s P A-U- LAÂ£.3 m 2-Â£ eD 20 $-fl 4. Mailing Address (Number and Street) Cjty or Town toll Le-XWâ‚¬,1-84 LA. 6 4 7-FS ;4Â« 32]~ ZIP Code 805/1 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: P[asent Trade Name of Establishment (DBA) Present State License No. Present Class of License Present 5xpiration Date b fag- 46 L{ QUOL 10.-4/367-0000 ECTAIL UÂ«.STLE- '~74/85 Al SECTION A Nonrefundable APPLICATION FEES LIAB SECTION D 1-IQUOR LICENSE FEES 00 U Application Fee for New License .............................. 900.00 1940 [0Aetail Liquor Store License (city) ......................... $227.50 2300 C],Application Fee-New License Concurrent Review.. 1000.00 1940 E Retail Liquor Store License (county) ..................... 312.50 2310 0 Application Fee for Transfer of Ownership .,,,.,,,.,,,,,. 900.00 1950 E Liquor Licensed Drugstore (city) ........................... 227.50 SECTION B 3.2% BEER LICENSE FEES 1950 2 Liquor Licensed Drugstore (county) ..................... 312.50 2121 2 Retail 3.2% Beer On Prernises - (city) .....,.......,........ $96,25 1960 U Beer & Wine License (city) 351.25 2121 2 Retail 3.2% Beer On Premises - (county) ................. 117.50 1960 E Beer & Wine License (county) .............................. 436.25 2122 0 Retail 3.2% Beer Off Premises - (city) ........................ 96.25 1970 EH & R License[]city[]county .............................500.00 2122 0 Retail 3.2% Beer Off Premises - (county) ................ 117.50 1980 EH&R License w/opt Prem m city E county .......... 500.00 2123 2 Retail 3.2% Beer On/Off Premises - (city) .................. 96.25 1990 2 Club License m city m county ............................... 308.75 2123 0 Retail 3.2% Beer On/Off Premises - (county) ........... 117.50 2010 2 Tavern License El city m county............................ 500.00 2020 EArts License El citym county.................................308.75 SECTION C RELATED FEES AND PERMITS 2030 0 Racetrack License m city 0 county....................... 500.00 1985-100 (999) E Addition of related Facility Permits to existing 2040 2 Optional Premises License m city El county ......... 500.00 Resort Complex license 1905 E Retail Gaming Tavern Lic m city m county............ 500.00 $50.00 x Total Fee 2210-100 (999) [3 Retail Warehouse Storage Permit .... ,$100.00 1975 E Brew-Pub License 750.00 2220-100 (999) o Addition of Optional Premises to existing hotel/restaurant 1985 2 Resort Complex License .............................. ....... 500.00 $75.00 x Total Fee E H/R - Tavern Manager's Registration................. $75.00 DO NOT WRITE IN THIS SPACE -FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) Cash Fund New License Cash Fund Transfer License TOTAL 2300-100 2310-100 (999) (999) DR 8404 (06/02) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? m d 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? 0 8 (b) had an alcoholic beverage license suspended or revoked? C] Er (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 1 2. If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. m E(' 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. D EF 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 2 0, Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a ,/0 limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee5 24Â£ 66 Ll QUeR- Â· ND LOANS 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement?. 00 E Ownership El Lease E Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 81/2" X 11". (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerihips, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST NONE Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) win share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. m El Number of separate Optional Premises areas rp.qi tested ~ 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. m. El 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and m El not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 2 El operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 10 (Copy of notice or application must be attached) 17a. Name of Manager 14Â£-Cy A. 319/ne,â‚¬- (If this is an application for a Hotel, Dat~ of Birth Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-1) El al j 5-4 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. m 0 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. DR 8404 (06/02) Page 4 . P 9. If applicant is a corporation: partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF NAME HOME ADDRESS, CITY & STATE POSITION % OWNED BIRTH 7304 E. S-fome tt_ 66%-A levo*be*:EBres'fAU.C.0 *~19 61 fACTNet 90~0 JA* A .39 ont,e_ \011 Lex,**ToN Lti.,girEs f~augÂ© 5/Mis-4 PARINER-~ cole m â‚¬7Â£ 20. Has the Applicant provided, or does the applicant intend to provide their staff with server training. ~ No Additional Documents to be submitted by type of entity El'~ORPORATION ~,Cert. of Incorp. ~ Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP ~ Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY U Articles of Organization E Cert. of Authority (if foreign company) U Operating Agrmt. C ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service OATH OF APPLICANT ldeclare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authori@ed Signature / Title Date ,- r (Ltv- .J i w 1 J 7 /6~1 OU REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less /7) aAd G; 2003 than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted EE b. Background investigation and NCIC and CCIC check for outstanding warrants conducted c. The local authority has already conducted, or intends to conduct, a premise inspection to insure that the applicant is 00 in compliance with, and aware of, liquor code provisions affecting their class of license. (date of inspection) 00 If not, does the authority want the state to conduct such an inspection. The foregoing application has been examined; and the premises, businessto be conducted, and character of the applicant are satisfactory. We do reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47; C. R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number ~ TOWN, CITY E COUNTY Signature Tme Date ,ignature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. !f, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVEk CO 80261 INDIVIDUAL HISTORY RECORD--94 1 e completed by each individual applicant,. all general partners of a partnership, all limited Â·partners owning 10% (or-more) --of a partnershippal]-officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the-stock of such-corporation; all limited liability company MANAGING members, Officers or other.limited liability,company members - with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All qoestions must be answered in their entirety or your application may be delayed ornot processed. EVERY answer you give u will. be checked for its truthfulness. A deliberate falsehood or omissionwill jeopardize the application as-such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business 500 R 94 Li o> Do A-, 2. Your FulfName.(last, first, middle) 3. List any othernames you have used. Cpom-ew , Dow R. 4. Mailing address (if different from residence) Home Telephone 970 5%<9 2 c 73 5.iList all residence addresses below. include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP . - FROM TO Current 645KOevootr. , Cbte fack-, Co, 1976 20Â©3 3 Previous 1. 6. Date of Birth Social Security Number.(SSN) Place of Birth L U. S. Citizen? 2-/1-22 256& 22 2.2 5-2- Li'Ne,I N, NE NYes Â£ No if Naturalized, state where When ... . Name of District Court Naturalization Certificate Number - Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height = - Weight Hair.Color Eye Color Sex Race 9. Do you have a current Driver's License? If so, give number & state 141 i l 66 BR BR M W Â®Yes C]No 94 -5 63- 2-540 Cal o. 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD ~ NAME OF EMPLOYER ave you.ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or ventory, to any liquor or beer licensee? If yes, answer in detail. 91 Yes El No %1,1. koe,34Â£ 5* Fued /97 9 - 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in crimjnal or military court or do you have any charges pending? (If yes, explain in detail.) U Yes WNo 13.. Have Â·you everÂ· received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer licehse anywhere in the U.S.? If yes, explain in:detail. El Yeszâ€¢~0 -4~1Â» RÂ» to (V'*~0 -** WL,10 0- - Q~A-, 4 1,41.Ye BU/=cb* o~,L 9'- )1 4 6.4 14. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP). POSITION HELD FROM TO Stomer G w~ G . 940 /7702 mbe 69* /3,Â£Â¢(% PRef, . 1 992 2003 5p or l-~P ' 1 PC,~AnÂ« ;919 2-6 03 15. Financial Information. t ~ Total purchase price $ (if buying an existing business) OR list the total amount of your investment in the new business, . including notes, loans, cash, services or equipment, and operating capital $ Rrovide details' of Investment. You must account fof the sourdes of ALL cash (how acquired). Attach a separate sheet if needed. i Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount ' Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount 6~ 1 \ 16. Give name Of bank where business account will be maintained; name the account will be maintained under; aod the name.or names of persons' authorized to draw thereon. \91 NAT 'L 6844 Â°p Este Patic Co Â§53-/7 /9-64 : 5 po R Ll r 1 bo u t Spolnes- - b 80.0 ' A . Tporne. Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and-complete to the best my knowledge. Authorize~1 *gr,~re < Title Date 00*\) 1 Ope-7 %Â©4-Â»/ .4510> DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVfR CO 80261 INDIVIDUAL HISTORY RECORD e completed by each individual applicant, all general partners of a partnership, all,limited partners owning 10% (or more) ---of a partnershiptall-officers-and-directors-of-23-corpolation;-all-stockholders-of-a-uui pul c:liui i unfi ii, 19 1096 (ui I i loi te) u[ ll ie sluck of such corporation; all limited liability company MANAG/NG members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all man'agers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in- their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness.:A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Byainess bp wv 66 Li Qu,or 2. Your Full NAme (last, first, middle) 3. List any other names you have used. 3?on,tr D (Aw, NAn 4.-Mailindaddress (if different from resideAce) Home Telephone 14231*4 5. List all residence addresses below. 1ndude current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP ~ FROM TO Current * 0' 6-*i nlf-'n Esks P a/\16 00 [9 8'y 2003 PreviOUS 8. Date of Birth Social Security Number (SSN) Place of Birth 7. U. S. Citizen? 5117(rt Str t.0 3->33 . frew,8 4 Ne-4 fes- m No If Natufalized, state where . When Name of District Court Naturalization Certificate Number Â· Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height : Weight Hair Color Eye Color Sex Race 9. Do you have a current Driver's License? If so, give number & state 5-7 L i Lf d A /34 f W [2Â¢@s UNo 4 4 - 2-4 3 - 9 60 .2_ coCO 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OFRELATIVE RELATIONSHIP'TO YOU ~ . POSITION HELD NAME OF EMPLOYER 00 h kfpomi- r 604Â» OUJ Aer 3>--64 0-Q- 1 lave* you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or iventory, to any liquor or beer licensee? If yes, answer in detail. El Yes m No Ovi Gic,41 5 6 307,Le,e. /9 9 7 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense it] criminal or military . court or do you have any charges pending? (If yes, explain in detail.) U Yes UNo ( i Â·, 4 - 13. Have you ever received a violation notice, suspension or rovocation, for a liquof law Violation, or have you applied for or been denied a liquor of beerÂ· license anywhere inthe U.S.? If yes, explain .in detail. E'Yes.'C] No - AAR 42~Â»+1*07~u Gblf ~an., yv-Â£*~Â·uÂ·â‚¬*=7 ~1~>D -0 -_ ,0*uu~_~ -te a- A--4Â« D.. 4â€¢Aul + 1~Lt~.~ 621- Utlâ€¢? 6-2 62,4 1 4- 6~ 6:CL 6-- 114. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ~ ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD ~ FROM TO 90-0, 66 Llo~Â» 10 0 An o r 42*,6 86 A,(c_ 8-94*- l.141 .ted- - Co Korn 15. Financial Information. I Total purchase price $ (if buying an exjsting business) OR list the-total amount of your investment in the new business, , i including notes, loans, cash, services or equipment, and operating capital $ Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a -separate sheet if neede*d. Type: Cash, Services or Equipment . Where Obtained (Savings, Checking, Account, etc.) Amount Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount 2/0 /1 2-J 16. Give name. of bank where business account will be maintained; name theÂ·account will be maintained.under;,and the name or names of persons authorized to draw thereon. L'30 Njo 0-1// 5o-up U.ovjÂ»-DowÂ· 1j if.~to AAC-9 Sfo."LAw Oath of Applicant [ declare under penalty of perjury in the second degree that this application and all attachments are tru#, correct, and complete to the best my knowledge. Authorized Signatur - Title Date rÂ«Â· / palliG-- 3 li- /3 U L