HomeMy WebLinkAboutPACKET Town Board 2019-03-12The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, March 12, 2019
7:00 p.m.
PLEDGE OF ALLEGIANCE.
Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. POLICY GOVERNANCE MONITORING REPORT – POLICIES 3.0, 3.1, 3.2, 3.4, 3.5,
3.6, 3.9, 3.10, 3.11
Policy 2.3 designates specific reporting requirements for providing information to the
Board. The above policies are reported on each March.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated February 12, 2019 and February 26, 2019, and Town
Board Study Session Minutes dated February 12, 2019.
3. Special Town Board Minutes dated February 19, 2019 and February 26, 2019.
4. Family Advisory Board Minutes dated February 7, 2019 (acknowledgement only).
5. Letter of Support for the 2019 Great Outdoors Colorado Connect Initiative Grant for
Fall River Trail.
6. Letter of Support for the People for Bikes Grant Application for Fall River Trail.
7. Acceptance of Town Administrator Policy Governance Monitoring Report.
8. Resolution 05-19 Setting the Public Hearing date of March 26, 2019 for a New Beer &
Wine Liquor License filed by Stanley Wellness Center, LLC dba Aspire Residences at
the Stanley Hotel, 520 Steamer Drive, Estes Park, CO 80517.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. LARIMER COUNTY BEHAVIORAL HEALTH UPDATE.
Lori Stolen/Behavioral Health Services Director to provide an update on the new sales
tax and the formation of the Larimer County Behavioral Health Policy Council.
Prepared 03-01-2019
Revised 03-07-2019
Revised 03-08-2019
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. CONSENT ITEMS:
A. ESTES VALLEY PLANNING COMMISSION BYLAW AMENDMENT. Planner
Becker.
Adjust meeting times and remove unnecessary or redundant sections.
ACTION ITEMS:
1. ORDINANCE 04-19 PLATTE RIVER POWER AUTHORITY ORGANIC CONTRACT
POWER SUPPLY AGREEMENT. Director Bergsten.
Platte River Power Authority Organic Contract Approval Between Estes Park,
Fort Collins, Loveland, and Longmont Memo.
Power Supply Agreement with Platte River Power Authority Memo.
2. RESOLUTION 04-19 CONTRACT WITH CDOT TO RESURFACE WEST ELKHORN
AVENUE. Director Muhonen.
CDOT payment to the Town of Estes Park for repaving Elkhorn Avenue from US36 to
Moraine Avenue.
3. ORDINANCE 02-19 AMENDING MUNICIPAL CODE §13.06.010 TO ENABLE
BROADBAND SERVICES. Director Bergsten.
Add Broadband Service as a function within the Light and Power Enterprise.
4. ORDINANCE 03-19 REENACTING MUNICIPAL CODE CHAPTER 9.18 RELATING
TO MICROMOBILITY. Director Muhonen.
Authorizes ebikes and escooters on Town trails and bike lanes.
5. FAMILY ADVISORY BOARD INTERVIEW COMMITTEE APPOINTMENT. Town
Clerk Williamson.
REPORTS AND DISCUSSION ITEMS:
1. 2018 MUSEUM ANNUAL REPORT. Director Fortini.
ADJOURN.
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TOWN ADMINISTRATOR
Frank Lancaster
Town Administrator
970.577.3705
flancaster@estes.org
MEMORANDUM
DATE: March 12, 2019
TO: Board of Trustees
FROM: Frank Lancaster, Town Administrator
SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS
QUARTERLY MONITORING REPORT POLICY 3.3)
Board Policy 2.3 designates specific reporting requirements for me to provide
information to the Board. Each March I report on the following staff limitations:
Policy 3.1 Customer Service
Policy 3.2 Treatment of Staff
Policy 3.4 Financial Condition and Activities
Policy 3.5 Asset Protection
Policy 3.6 Emergency Town Administrator Backup and Replacement
Policy 3.9 Communication and Support to the Board
Policy 3.10 Capital Equipment and Improvements Programming
Policy 3.11 General Town Administrator Constraint – Quality of Life
This report constitutes my assurance that, as reasonably interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Frank Lancaster
Town Administrator
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3.1 The quality of life in The Town of Estes Park depends upon the
partnership between citizens, elected officials and Town employees.
Therefore, within the scope of his/her authority, the Town Administrator shall
not fail to ensure high standards regarding the treatment of our citizens.
3.1.1 The Town Administrator shall not fail to encourage the following basic
attitudes in employees:
3.1.1.1 The Citizens of The Town of Estes Park deserve the best possible
services and facilities given available resources.
3.1.1.2 Prompt action is provided to resolve problems or issues.
3.1.1.3 Attention is paid to detail and quality service is provided that
demonstrates a high level of professionalism.
3.1.1.4 Each employee represents excellence in public service.
3.1.1.5 Each employee is “the Town” in the eyes of the public.
Interpretation – I interpret this to mean that customer service is stressed in
training and in performance evaluations of all staff, and staff is held
accountable for providing a high level of customer service. This does not
mean that the customer always gets everything they are requesting or
demanding. Sometimes staff is in a position to say “no” or must enforce
laws and regulations. I interpret this to mean staff is courteous,
professional, prompt, and fair in all their dealings with the public.
Furthermore, due to the related nature of the sub-sections of 3.1.1, it is my
interpretation that I may report on all of these limitations as a group, rather
than individually.
Compliance with the policy will be achieved when:
1. Customers issues are dealt with promptly and in a courteous and fair manner.
2. Complaints that the Board and Management receive about customer service
regarding Town employees are minimal.
Evidence:
1. Customer Service is included in the performance evaluations of all
employees
2. The Board and the Town Administrator receive no or few complaints from
citizens about the behavior of and treatment by Town employees.
3. The Board, Management and the Town Administrator receive compliments
and letters of appreciation from customers.
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Report: I am reporting substantial compliance. However, there are a few
areas where our customer service levels can and should be improved.
In 2018 staff developed an enterprise wide customer service training
and reinforcement program, modelled after a program in the City of
Boulder. We have a multi-department customer service team that put
the program together and in 2019 we will kick off the program with
mandatory training for all employees. Most of our departments provide
a high level of customer service. Outstanding in this area are the
Police Department, Utilities, Community Services and Administrative
services. On the other end of the spectrum, we have some serious
issues with customer service in the Building area. A concentrated
improvement effort has been launched at this time. Randy is working
to hire a new Chief Building Official with the technical expertise and the
customer service attitude needed to set the department on a new
course. This won’t happen overnight, but it is on a fast track. I am
confident we are on the right track.
3.1.2 The success of Estes Park Town Government depends upon the partnership
between citizens, elected officials and Town employees. Accordingly,
regarding the treatment of citizens and customers, the Town Administrator
shall not:
3.1.2.1 Fail to inform citizens of their rights, including their right to due process.
3.1.2.2 Ignore community opinion on relevant issues or make material decisions
affecting the community in the absence of relevant community input.
3.1.2.3 Allow the community to be uninformed (or informed in an untimely basis)
about relevant decision making processes and decisions.
3.1.2.4 Be disorganized or unclear with respect to interactions with the
community.
3.1.2.5 Ignore problems or issues raised by the community or fail to address
them in a timely manner.
3.1.2.6 Allow incompetent, disrespectful or ineffective treatment from Town
employees.
3.1.2.7 Unduly breach or disclose confidential information.
Interpretation – I interpret this to mean that citizens are informed well in
advance of any Town action. Staff takes steps to solicit and encourage
public comment on matters of public policy and public projects. Staff treats
all citizens in respectful and courteous manner. Within the restrictions of the
law, staff does not disclose confidential information. Furthermore, due to the
related nature of the sub-sections of 3.1.2, it is my interpretation that I may
report on all of these limitations as a group, rather than individually.
Compliance with the policy will be achieved when:
1. All projects and public policy discussions include public outreach and
involvement.
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2. Issued raised by community members are dealt with promptly at a staff
level, if possible, and when necessary are brought to the Town Board for
consideration and discussion.
3. Completion of the biennial citizen survey
4. Staff does not disclose confidential information.
Evidence:
1. Number of public meetings, community meetings and outreach meetings,
above and beyond just normal Board of Trustee meetings.
2. Newspaper articles and press releases associated with public projects and
policies
3. Social media outreach associated with public projects and policies.
4. Comments from the public to Town Administrator and Board members
regarding public outreach.
5. Results from the Biennial Citizens Survey
6. Lack of legal actions against the Town due to failure to provide due
process.
7. Lack of any legal action against the Town for improper disclosure of
confidential information
Report: I am reporting compliance. As discussed above, we have some
areas in need of improvement, but overall, I believe the Town is doing
a good job in this area. The Biennial Survey showed some drop in
trust in the governance area, but rating of the quality of services
remained high.
3.2 With respect to the treatment of paid and volunteer staff, the Town
Administrator may not cause or allow conditions which are unsafe, unfair or
undignified.
Accordingly, pertaining to paid staff within the scope of his/her authority,
the administrator shall not:
3.2.1 Operate without written personnel policies that clarify
personnel rules for employees.
Interpretation – I interpret this to mean that the Town has clearly
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written personnel policies that are current with current legal
decisions and that the policies are readily available to all employees.
These policies are not static and may be changed as legal
environment changes or other issue warrant.
Compliance with the policy will be achieved when:
The Town has written personnel policies that cover the normal scope of
employment issues.
Evidence:
1. Town personnel policies are available to all employees on I-Town
and in the HR office.
2. All personnel policies have been reviewed and approved by the
Town Attorney and CIRSA.
Report: I am reporting compliance.
3.2.2 Fail to acquaint staff with their rights under this policy
upon employment.
Interpretation – I interpret this to mean that all new employees are
informed of Town employment policies and personnel policies.
Compliance with the policy will be achieved when:
Every new employee is informed of the personnel policies
Evidence:
1. Town personnel policies are available to all employees on I-Town
and in the HR office.
2. New employees are informed of the Personnel Policies as part of
their on-boarding process.
Report: I am reporting compliance.
3.2.3 Fail to commit and adhere to the policies of Equal
Employment Opportunity and Fair Labor Standards Act.
Interpretation – I interpret this to mean that the Town follows the
strict interpretation of EEOC and FLSA.
Compliance with the policy will be achieved when:
The Town has no cases of legal non-compliance.
Evidence:
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There have been no successful legal actions against the Town in the past
year regarding any EEOC or FLSA violations as an employer.
Report: I am reporting compliance.
3.2.4 Fail to make reasonable efforts to provide a safe working
environment for employees, volunteers and citizens
utilizing Town services
Interpretation – I interpret this to mean that the Town facilities are
clear of safety hazards and are properly maintained. All hazards
cannot be completely eliminated, and with normal wear and tear and
acts of God, new hazards will develop. I interpret this limitation not
to mean that all hazards are eliminated and do not exist, but that
reasonable precautions and planning is made to prevent and repair
hazards and that when a hazard is identified, there is action to
mitigate the hazard in a timely and appropriate manner.
Compliance with the policy will be achieved when:
There are no unaddressed safety hazards in Town facilities. New
hazards are addressed promptly
Evidence:
1. Successful safety audit and inspection from CIRSA
2. No incidents this year due to facility safety hazards
3. Precautions are taken to prevent and correct hazards when a
hazard is identified
Report: I am reporting compliance.
3.2.5 Operate without written volunteer policies that clarify the
responsibilities of volunteers and of the Town for all
volunteers.
Interpretation – I interpret this to mean that the Town must have a
current volunteer manual.
Compliance with the policy will be achieved when:
The Town has written a written volunteer manual.
Evidence:
The Town Volunteer Manual is available on the Town Website
Report: I am reporting compliance.
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3.4 With respect to the actual, ongoing condition of the Town government’s
financial health, the Town Administrator may not cause or allow the development of
fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives.
Accordingly, the Town Administrator may not:
3.4.1. Expend more funds than are available.
Interpretation – I interpret this to mean that there have been no
expenditures in excess of those approved in the adopted budgeted.
Compliance with the policy will be achieved when:
There are no expenditures in excess of those approved in the budget.
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
Report: I am reporting compliance.
3.4.2. Allow the general fund and other fund balance to decline
below twenty percent of annual expenditures as of the end
of the fiscal year, unless otherwise authorized by the
Board.
Interpretation – I interpret this to mean that the General Fund fund
balance at the end of the fiscal year is over 20%. This is based on
the calculation of fund balance after all carry over funds are included
encumbered but not expended funds are excluded at the end of the
year.
Compliance with the policy will be achieved when:
Fund balance does not dip below 20%
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
3. The current unaudited estimate for the 2018 ending fund balance
of the General Fund is $8,669,595. This estimated fund balance
is approximately 50% of 2018 General Fund expenditures and is
in compliance with Board policy.
Report: I am reporting compliance.
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3.4.3. Allow cash to drop below the amount needed to settle
payroll and debts in a timely manner.
Interpretation – I interpret this to mean that all funds have adequate
cash to settle all debts with the period for which they are due.
Compliance with the policy will be achieved when:
All payments are made on time from cash on hand
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
Report: I am reporting compliance.
3.4.4. Allow payments or filings to be overdue or inaccurately
filed.
Interpretation – I interpret this to mean that all payments or filings
have been made on time and accurately.
Compliance with the policy will be achieved when:
All payments have been made on time and accurately
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
Report: I am reporting compliance.
3.4.5. Engage in any purchases wherein normally prudent
protection has not been given against conflict of interest
and may not engage in purchasing practices in violation of
state law or Town purchasing procedures.
Interpretation – I interpret this to mean that the Town has
comprehensive purchasing policies to guide the expenditures of
funds and that those policies are complied with.
Compliance with the policy will be achieved when:
The Town has adopted purchasing policies and all purchases are made in
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compliance with these policies
Evidence:
1. Town purchasing policies are available on I-Town
2. The annual audit
3. Single Audit of federal funds purchases
Report: I am reporting compliance.
3.4.6. Use any fund for a purpose other than for which the fund
was established.
Interpretation – I interpret this to mean that any use of funds from a
specific fund, must be for the purpose as specified
Compliance with the policy will be achieved when:
All expenditures are made from the appropriate fund
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
3. Annual Audit
Report: I am reporting compliance.
3.5 Within the scope of his/her authority and given available resources, the
Town Administrator shall not allow the Town’s assets to be unprotected,
inadequately maintained or unnecessarily risked.
Accordingly, he or she may not:
3.5.1. Fail to have in place a Risk Management program which
insures against property losses and against liability losses to
Board members, staff and the Town of Estes Park to the
amount legally obligated to pay, or allow the organization to be
uninsured:
3.5.1.1 Against theft and casualty losses,
3.5.1.2 Against liability losses to Board members, staff and the
town itself in an amount equal to or greater than the
average for comparable organizations.
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3.5.1.3 Against employee theft and dishonesty.
Interpretation – I interpret this to mean that the Town has adequate
insurance coverage to protect the Town from loss. Furthermore, due
to the related nature of the sub-sections of 3.5.1, it is my
interpretation that I may report on all of these limitations as a group,
rather than individually.
Compliance with the policy will be achieved when:
The Town adequate insurance and suffers no unreasonable uninsured
losses
Evidence:
1. CIRSA audit
2. The Town has not paid out for any unreasonable uninsured losses
in the last year.
3. We have adequate insurance coverage in place to protect the
Town from loss.
Report: I am reporting compliance.
3.5.2. Subject plant, facilities and equipment to improper wear
and tear or insufficient maintenance (except normal
deterioration and financial conditions beyond Town
Administrator control).
Interpretation – I interpret this to mean that town facilities and
equipment are properly cared for and maintained. I interpret this to
include all physical buildings, and utility infrastructure, however this
does not include transportation infrastructure or real property.
Compliance with the policy will be achieved when:
We have preventive maintenance programs for our buildings, major
building systems and rolling stock.
Evidence:
1. Ongoing improvement projects in Light and Power and Water
utilities completed in the last year, as reported to the Board.
2. PM schedules for rolling stock
3. Facilities maintenance projects completed in the last year, as
reported to the Board.
4. Hiring of a new Facilities Worker to help better maintain Town
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properties
Report: I am reporting compliance.
3.5.3. Receive, process or disburse funds under controls
insufficient to meet the Board-appointed auditor’s
standards.
Interpretation – I interpret this to mean that there are no comments
in the annual audit that raise the question of insufficient controls.
Compliance with the policy will be achieved when:
We have an audit with no relevant qualifying comments.
Evidence: The internal controls are sufficient to properly account for the
financial activity of the Town. The 2017 audit had one management
comment regarding a duplicate accrual of the December purchased
power invoice. A new year-end process has been implemented to detect
and help prevent a similar occurrence in the future. With this control in
place, we are now in compliance.
Report: I am reporting compliance.
3.5.4. Unnecessarily expose Town government, its Board of
Town Trustees or staff to claims of liability.
Interpretation – I interpret this to mean neither I nor the Town staff
take any action that results in unnecessary liability to the Town.
Compliance with the policy will be achieved when:
There are no legal or other settlements resulting from an unnecessary
exposure.
Evidence:
There were no settlements paid out as the result of any unnecessary
liability in the last year.
Report: I am reporting compliance.
3.5.5 Fail to protect intellectual property, information and files
from loss or significant damage.
Interpretation – I interpret this to mean that all town information is
protected adequately through fire-walls, cyber security measures
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and adequate backups. Non-electronic data is secured and
protected at a level appropriate for the information.
Compliance with the policy will be achieved when:
We have no losses of data or information
We have protocols in place to protect from cyber injury
Evidence:
1. We have had no significant losses or damage to information or
files over the last year.
2. CIRSA Audit
3. Cyber Security Training conducted for all employees
Report: I am reporting compliance.
3.5.6 Acquire, encumber, dispose or contract for real property
except as expressly permitted in Town policy.
Interpretation – I interpret this to mean I may not take any action as
described in 3.5.6 without the express permission of the Board of
Trustees.
Compliance with the policy will be achieved when:
There are no real property transactions that are not approved by the
Board of Trustees.
Evidence:
There were no real property transactions in the last year that were
not expressly approved by the Board of Trustees.
Report: I am reporting compliance.
3.5.7 Allow internal control standards to be less than that
necessary to satisfy generally accepted
accounting/auditing standards recognizing that the cost
of internal control should not exceed the benefits
expected to be derived.
Interpretation – I interpret this to mean that our internal controls are
reasonable as interpreted by the Town annual audit.
Compliance with the policy will be achieved when:
We have an audit with no significant comments regarding internal controls
that required a modified audit opinion.
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Evidence: The internal controls of the Town fully meet this requirement
as evidenced by the clean audit opinions received in past years. There is
nothing to indicate a deterioration in this condition for the year ended Dec
31, 2018.
Report: I am reporting compliance.
3.6 In order to protect the Board from sudden loss of Town Administrator services,
the Town Administrator may have no fewer than two (2) other members of the
Town management team familiar with Board of Town Trustees and Town
Administrator issues and processes.
3.6.1. The Assistant Town Administrator shall act in the capacity
of Town Administrator in his/her absence. In the absence
of the Town Administrator and Assistant Town
Administrator a Town Department Head previously
designated by the Town Administrator will act in the
capacity of Town Administrator.
3.6.2. The Town Administrator shall provide the necessary training
needed to enable successful emergency replacement.
Interpretation – I interpret this to mean that I must officially
delegated two staff members to serve in my stead, should I not be
able to perform the duties of my job. This delegation is to be
expressly designated in an internal operating procedure
Compliance with the policy will be achieved when:
There is an adopted policy that specifies continuity for the Town
Administrator.
Evidence:
Policy 203, TA Backup and Replacement, is posted on I-Town.
Report: I am reporting compliance
3.9 The Town Administrator shall not permit the Board of Town Trustees to be
uninformed or unsupported in its work.
Accordingly, he or she may not:
3.9.1 Let the Board of Town Trustees be unaware of relevant
trends, anticipated adverse media coverage, material external
and internal changes, and particularly changes in the
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assumptions upon which any Board policy has been
previously established.
Interpretation – I interpret this to mean that the Board has no surprises
related to Town issues that they have not been informed of directly
from myself or the appropriate staff. I also interpret this to be
limited to issues, events, media coverage and other matters to
which staff or myself is aware of. At times, we are also surprised
by issues that arise and I do not feel I am responsible to inform the
board of issues that I could not have reasonable know or suspect
as coming forward.
Compliance with the policy will be achieved when:
Board members are not surprised by any issue that staff or myself was
previously aware of.
Evidence:
1. Weekly updates to the Board
2. What’s up weekly e-mail to staff
3. Individual e-mails to the Board on a regular basis regarding
issues
4. Economic Dashboard
5. Press releases
Report: I am reporting compliance
3.9.2 Fail to submit monitoring data required by the Board (see
policy on Monitoring Town Administrator Performance in
Board/Staff Linkage) in a timely, accurate and
understandable fashion, directly addressing provisions of
Board policies being monitored.
Interpretation – I interpret this to mean that I report to the board as
outlined in the review schedule adopted in Policy Governance Policy
2.3. and the format of the reports are acceptable to the majority of
the Board.
Compliance with the policy will be achieved when:
Compliance reports are received by the board as required in Policy 2.3
Evidence:
1. All compliance reports over the last year were supplied to the
board within the required timeframe
Report: I am reporting compliance
3.9.3 Fail to establish a process that brings to the Board of Town
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Trustees as many staff and external points of view, issues
and options as needed for informed Board choices on major
policy issues.
Interpretation – I interpret this to mean that information presented
must give equal weight to differing options and opinions. At the
same time, staff may make recommendations and may present
recommended options to the Board, as well as other opinions.
Compliance with the policy will be achieved when:
Standard presentations are structured so that pros and cons and varied
points of view are always included.
Evidence:
1. Board observance and opinion.
2. Use of the standard SOPPDA memo format for all presentations
Report: I am reporting compliance
3.9.4 Present information in unnecessarily complex or lengthy
form.
Interpretation – I interpret this to mean that information presented
to the Board has enough detail for each trustee to be adequately
informed to make a policy decision and is presented in a manner in
which even complex issues are understandable. At the same time,
there is not so much peripheral information presented that it takes
the board “into the weeds” and into discussions of minute details
rather than broad policy issues. I also understand that each Board
member may have a different level of preferred detail and a different
preference of how information is presented. I must strive to present
information that optimizes the needs of all board members, but may
not maximize the needs or style of any one trustee.
Compliance with the policy will be achieved when:
All members of the Board feel they have received enough information to
make policy decisions on any particular issue.
Evidence:
1. Board observance and opinion.
2. Use of the standard SOPPDA memo for all presentations
Report: I am reporting compliance
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3.9.5 Fail to provide support for official Board of Town Trustees
activities or communications.
Interpretation – I interpret this to mean that official Board activities
and actions are clearly communicated to the public and there is a
culture of transparency within Town Government. I am responsible
not just for my own actions, but that this is the culture throughout the
organization. I am responsible for the support provide to the board
through other staff, such as the PIO and Town Clerk.
Compliance with the policy will be achieved when:
There is a culture of transparency throughout the organization and it is
demonstrated in our day to day actions.
Evidence:
1. Board observance and opinion.
2. Activities of the PIO through news media, social media and other
tools.
3. Public comments regarding the Town’s transparency of
information.
Report: I am reporting compliance
3.9.6 Fail to deal with the Board of Town Trustees as a whole
except when fulfilling individual requests for information.
Interpretation – I interpret this to mean that I do not play favorites
with any members of the board and that at all times I treat each
member of the board fairly and respectfully. I also interpret this to
mean I can have confidential conversations with any member of the
Board, and that I respect that confidentiality. I believe to be effective
in my job in assisting the Board as a whole to be successful, Board
members must have a level of trust that each can communicate with
me openly without reservation.
Compliance with the policy will be achieved when:
All members of the Board feel they can be open and honest with me in all
our personal communications and that I am treating each board member
fairly and with respect.
Evidence:
1. Board observance and opinion.
2. Lack of instances where failure to comply has resulted in issues
with the Board, staff or the public.
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Report: I am reporting compliance
3.9.7 Fail to report in a timely manner any actual or anticipated
noncompliance with any policy of the Board of Town
Trustees.
Interpretation – I interpret this to mean that at any time when I am
in noncompliance with any item described in the Staff Limitations
section of the adopted Policy Governance Policies, whether
intentional or unintentional, I notify the Board at the earliest possible
opportunity. I also interpret “earliest possible opportunity” to be
relative to the materiality of the noncompliance. It is my
interpretation than a major noncompliance is any issue that may
have significant financial, legal, or political impacts on the Town,
should be reported asap. Minor, non-material items, such as those I
would indicate with a Yellow traffic light in my compliance reports
and are a partial compliance or open to interpretation, may be
reported in a regularly scheduled report to the Board.
Compliance with the policy will be achieved when:
The Board becomes aware of a situation of non-compliance by the Town
Administrator from any source other than me.
Evidence:
Board observance.
Report: I am reporting compliance
3.10 With respect to planning for and reporting on capital equipment and
improvements programs, the Town Administrator may not jeopardize either
operational or fiscal integrity of the organization.
Accordingly, he or she may not allow the development of a capital program
which:
3.10.1 Deviates materially from the Board of Town Trustees’
stated priorities.
Interpretation – I interpret this to mean that we do not pursue any
capital projects or equipment that materially deviates from related to
the key outcomes, goals and objectives adopted by the Town Board
within the strategic plan.
Compliance with the policy will be achieved when:
All capital improvements and purchases of capital equipment can be
directly tied to the Board’s Strategic plan and no expenditures are made
or planned that are not supportable under the current Town financial
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resources.
Evidence:
1. Adopted Town Budget for Capital projects and equipment.
2. The Vehicle Replacement Plan, which budgets and plans for
multi-year funding of capital vehicle purchases.
3. Adopted Capital Improvement Plan
Report: I am reporting compliance
3.10.2 Plans the expenditure in any fiscal period of more funds
than are conservatively projected to be available during
that period.
Interpretation – I interpret this to mean we are conservative with
our budgeting and we do not overstate revenue or understate
expenditures
Compliance with the policy will be achieved when:
We do not exceed our budgeted expenditures
Evidence:
1. CAFR
2. Annual Budget
Report: I am reporting compliance (NOTE: This policy seems to
be redundant with policy 3.4.1)
3.10.3 Contains too little detail to enable accurate separation of
capital and operational start-up items, cash flow
requirements and subsequent audit trail.
Interpretation – I interpret this to mean that our adopted budget and
subsequent accounting separates out capital, operating and other
expenses.
Compliance with the policy will be achieved when:
The budget and financial reports provide adequate separation of fund
use.
Evidence:
1. Annual audit
20
19
2. Published Budget
3. Financial Reports
Report: I am reporting compliance
3.10.4 Fails to project on-going operating, maintenance, and
replacement/perpetuation expenses.
Interpretation – I interpret this to mean that the Town has a Capital
Improvement Plan that is active and maintained.
Compliance with the policy will be achieved when:
We have a robust and complete capital improvement plan
Evidence:
Capital Improvement Plan as presented to and approved by the Board
Report: I am reporting partial compliance
3.10.5 Fails to provide regular reporting on the status of the
budget and on the progress of each active project,
including data such as changes and the financial status of
each project, including expenditures to date.
Interpretation – I interpret this to mean that staff should regularly
report back to the Board the progress of major projects that are
currently planned or underway. This does not apply to day to day
operational activities.
Compliance with the policy will be achieved when:
The Board feels adequately informed about ongoing projects
Evidence:
1. Reports to the Board at regular board meetings
2. Weekly updates to the Board from the Town Administrator
3. Specific e-mails when issues arise that the Board should be
aware of.
4. Study sessions with the Board, when needed.
Report: I am reporting compliance
21
20
3.11 With respect to Town government's quality of life for the community, the
Town Administrator shall not fail to plan for implementing policies of the
Board regarding economic health, environmental responsibility, and
community interests.
Interpretation – I interpret this to mean that I have instituted general
policies that govern departmental operations, only as needed, but
where required to protect and enhance economic health,
environmental responsibility and community interest. I interpret this
as a catch-all requirement to cover polices that are not specifically
called out in other sections of the policy governance document.
Compliance with the policy will be achieved when:
This catch-all is rather subjective and open to the interpretation of the
Board of Trustees.
Evidence:
Opinion of the Board of Trustees.
Report: I am reporting compliance
22
Town of Estes Park, Larimer County, Colorado, February 12, 2019
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 12th day of February, 2019.
Present: Todd Jirsa, Mayor
Cody Rex Walker, Mayor Pro Tem
Trustees Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Bunny Victoria Beers, Recording Secretary
Absent: Carlie Bangs, Trustee
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Norris/Walker)to approve the Agenda,and it passed
unanimously.
PUBLIC COMMENTS.
John Meissner/Town citizen stated concern for the loss of Friends of Stanley Hall (FOSH)
funds which were awarded to Estes Performance Inc. (EPIC) to build the performing arts
center.
Tom Dority/EPIC Board Chair confirmed to the Board EPIC’s inability to move forward
building a performing arts center which was due to lack of donor interest.
TOWN BOARD COMMENTS
Trustee Norris stated the Family Advisory Board (FAB) continues increased public
outreach for input on family needs. The FAB seeks applications for four open positions.
He added Michael Moon/FAB member has established a Facility Advisory Team to further
efforts for childcare facility design concepts and would bring forward more information to
the Board at a future meeting. The EDC held a meeting to discuss educational successes
and challenges and workforce housing and childcare. Progress would be provided to the
Board at a future meeting. The Estes Valley Planning Commission meeting would be held
on February 19, 2019.
Trustee Zornes attended the Larimer County Behavior Health Policy Council comprised
of eight elected officials, six community members and a Larimer County Commissioner
liaison. Additionally, he would attend the CML Legislative Workshop held on February 14,
2019.
TOWN ADMINISTRATOR REPORT.
Town Administrator Lancaster stated staff are in the process of developing a customer
service program for all employees to increase standards. A presentation would be
provided to the Board at the February 26, 2019 meeting.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated January 22, 2019 and Town Board Study Session
Minutes dated January 22, 2019.
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ARDCOMMENTSARD
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MoonMoon/FAB/FAB
acilityacility
23
Board of Trustees – February 12, 2019 – Page 2
3. Board of Adjustment Minutes dated December 4, 2018 (acknowledgment only).
4. Family Advisory Board Minutes dated January 3, 2019 (acknowledgment only).
5. Intergovernmental Agreement with Platte River Power Authority for Fiber
Management.
6. Resolution 03-19 Continuing the Family Advisory Board.
7. Revised Policy 306 – Leave.
8. Water Tap Fee Amortization, 1660 Fall River Road, Inn of Fall River.
9. Appointments to the Parks Advisory Board.
x Dewain Lockwood, Reappointment, 3-year term expiring December 31, 2021.
x Vicki Papineau, Reappointment, 3-year term expiring December 31, 2021.
x J. Rex Poggenpohl, to complete the term of Rona Boles expiring December
31, 2019.
x Ronald Wilcocks, Appointment, 3-year term expiring December 31, 2021.
It was moved and seconded (Cenac/Martchink) to approve the Consent Agenda
Items, and it passed unanimously.
LIQUOR ITEMS:
1. NEW BEER & WINE LIQUOR LICENSE APPLICATION FOR HIGH WEST
INVESTMENTS, LLC, DBA VINO GIU, 207 PARK LANE, ESTES PARK, CO
80517.Mayor Jirsa opened the public hearing. Town Clerk Williamson reviewed
the application for a new Beer & Wine liquor license at 207 Park Lane with
concurrent review. She stated all necessary paperwork had been submitted and
the state has already approved the application pending approval from the Board.
She added the applicant is aware of the Town Board’s Training for Intervention
Procedures (TIPS) requirement and had recently completed the training. Owners
Shawn & Brandon Thompson stated the name Vino Giu translates to “Wine
down” in Italian adding their intention would be to create an experience for
customers serving wine, chocolate, cheese and chartreuse. Mayor Jirsa closed
the public hearing. It was moved and seconded (Norris/Cenac)to approve the
application for a new Beer & Wine liquor license filed by High West
Investments Inc., dba Vino Giu, and it passed unanimously.
PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. VARIANCE TO SIGN CODE, CINNAMONS BAKERY, 920 WEST ELKHORN
AVENUE, BOB & CAROLE FIXTER/OWNERS.Code Compliance Officer
Hardin presented the variance to the sign code to install a second freestanding
sign on the east frontage of the business located at 920 West Elkhorn Avenue.
Municipal Code, Title 17.66 regulates the number of freestanding signs
allowed on a property to a single sign. Officer Hardin stated the owner would
remove the existing single sign and install two freestanding signs which would
face oncoming traffic in each direction. If approved the new signs would
measure 15 sq. ft. in size and meet all requirements outlined in the Municipal
Code.
Kent Smith/Town citizen spoke in support of the sign variance.
It was moved and seconded (Cenac/Martchink)to approve the sign code
variance allowing the installation of a second freestanding sign in
accordance with the application herewith at 920 W. Elkhorn Ave.,and it
passed unanimously.
DRAFTrove therove
NSE APPLICATIONFORNSEAPPLICATIONFORFTGIU, 207 PARK LANE, ESU, 207 PARK
AFTublic hearing. earing. Town ClerkWTo
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stments Inc., dba VinoGistmentsInc., dba Vino
COMMISSIONITEMSCOMMISSIONITEDEMS:EMS:
D24
Board of Trustees – February 12, 2019 – Page 3
ACTION ITEMS:
BUILDING DIVISION: ADOPTION OF OUTCOMES.
Mayor Jirsa stated at the Mayor’s chat held in February contractors
recommended a special meeting with the Board be held to discuss ongoing
issues in the Building Division. The Mayor invited Director Hunt to provide an
overview of the current issues and proposed solutions. Director Hunt stated at
the January 22, 2019 Town Board Study Session, staff received direction to
develop outcomes for the Building Division in collaboration with the development
community. He stated staff met with the Building Advisory subcommittee of the
Contractor’s Association on January 30, 2019 to develop outcome
recommendations. Specifically, staff has contracted with SAFEBuilt Colorado,
LLC for Plan Review services while negotiations continue for a Performance
Process Improvement Study not to exceed $12,000. He added Laserfiche
implementation is in progress and updates would be available in March 2019.
Staff requested approval of the proposed benchmark standards and outcome
targets with an interim review date no later than April 23, 2019.
Board comments have been summarized: Whether the division has adequate
staffing to meet the outcome timeframes; whether person-to-person interactions
need to be evaluated; polling customer service for every customer interaction;
requiring any third party inspectors follow the same standards and levels of
customer service as staff; the importance of feedback from the Contractor’s
Association; utilizing telephone software as a method for measuring quality
assurance on phone conversations; and interest in monthly reports being
provided to the Board on progress.
Mike Kingswood/Kingswood Homes, represented the Building Advisory
Committee stated the meeting and outcomes were reasonable and questioned
how to get there. He recommended moving forward and adopting the outcomes
with changes requested by the Board.
Kent Smith/Town citizen was in support of adopting the standard and outcomes
presented by staff.
Andy Human/GCI Construction stated the proposed solutions are inadequate
and would not address issues and concerns. He added the core issues are not
customer service and are a culture of policing. He was in support of a special
meeting with additional contractors to provide the Board with additional feedback.
Frank Theis/President of the Contractors Association stated his support of the
outcomes and commended direction provided by Director Hunt and Assistant
Town Administrator Machalek.
Kevin Mark/Westover Construction provided the Board an overview of issues
experienced with the Division including delays, unavailability of staff, staff
changeover and improper review of certain projects causing further delay.
Additionally, he stated he was not in support of third-party application review.
Chris Eshelmen/Town citizen stated a special meeting would be beneficial to
express experiences with the Division.
It was moved and seconded (Norris/Zornes)to approve the outcome areas,
and it passed unanimously.
It was moved and seconded (Cenac/Martchink) to schedule a special
meeting with contractors and the public for comment on Building Division
issues, and it passed unanimously.
1. FEE SUBSIDY REQUEST, WATER TAPS, 444 STANLEY AVENUE, LONG
LUNCH ENTERPRISES, LLC.Val Thomson daughter of the property owner at
DRAFT3,3,22
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25
Board of Trustees – February 12, 2019 – Page 4
444 Stanley Avenue requested a subsidy toward water tap fees for a new
workforce housing project estimated at $37,796. The project would result in eight
multi-family dwelling units doubling the existing four units one of which was a
burned unit. Val Thompson spoke on behalf of the owner stating she spends
approximately 20% of her time finding housing for staff. The re-development of
the existing units would be for workforce housing only. The 2019 budget contains
28,700 for Town Board fee subsidy. Director Bergsten stated the fee subsidy
funds are limited. Staff recommended the approval of a percentage of the total
request.
Board comments have been summarized: A policy should be developed to add
distribution of funds; the budget of $28,700 may be inadequate; whether staff
recommended a percentage of the budget to apply to the request; the number of
requests the Town typically receives annually; and whether the Board would
determine percentages on a case by case basis.
It was moved and seconded (Walker/Norris)to approve 20% of the fee
subsidy request for a total subsidy of $7,559,and it passed unanimously.
2. TOWN ADMINISTRATOR EVALUATION PROCESS.During the January 22,
2019 study session, Town Administrator Lancaster stated, per his employment
contract, he has to agree to the evaluation process utilized, and requested a
decision be made to establish the process for 2019. Mayor Jirsa, Trustee
Martchink, Town Administrator Lancaster and Director Williamson met on
January 28, 2019 to discuss the process to be utilized, including a survey
completed by the Town Board, individual questions to be completed by the
Leadership Team, and an employee survey. Director Williamson presented three
evaluation processes to the Board for approval. If approved staff would launch
each review through a Laserfiche form to be completed by March 4, 2019. She
added the Leadership Team and all employee responses would be anonymous
to elicit open and honest feedback. A Special Town Board meeting would be held
on March 13, 2019 to enter Executive Session for the Board to complete Town
Administrator Lancaster’s review with the assistance of a facilitator, Eric
Marburger, ESM Consulting Services. A final report would be drafted and
provided to Town Administrator Lancaster and reviewed during the March 26,
2019 meeting. Director Williamson requested feedback from the Board on
surveys and reporting results.
The Board was in consensus to provide Town Administrator Lancaster with
individual responses from the Board for review. Additionally, they requested the
following be added to each survey: the addition of a not applicable selection for
the performance questions on all surveys; including a department drop down
selection on the all employees survey, and allowing more than one response for
questions one and four of the Leadership survey. Additionally, the Board
requested staff take into account sensitivity to color when producing results in
graphs or charts.
Town Administrator Lancaster stated as part of the evaluation he would provide
a compilation of year end policy governance reports over the last year on staff
limitations, highlighting those reports which were not in compliance.
The Board was in agreement to review results on March 13, 2019 and present
the Boards final review at the March 26, 2019 meeting.
It was moved and seconded (Norris/Zornes)to approve the annual review
process for the Town Administrator, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. DISCUSSION OF THE JOINT MEETING WITH LARIMER COUNTY
COMMISSIONERS ON FEBRUARY 19, 2019.The Board discussed next steps
DRAFTpproppro
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26
Board of Trustees – February 12, 2019 – Page 5
in the revision of the Estes Valley Comprehensive Plan, the intergovernmental
agreement on land use development and fee options for the proposed storm
water utility. Staff continues to develop a flow chart for the meeting to illustrate
outcome areas. The Boards would discuss a rewrite of the Estes Valley
Comprehensive Plan and impacts of doing so jointly or independently.
Whereupon Mayor Jirsa adjourned the meeting at 8:58 p.m.
Todd Jirsa, Mayor
Bunny Victoria Beers, Recording Secretary
DRAFT27
Town of Estes Park, Larimer County, Colorado, February 26, 2019
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 26th day of February, 2019.
Present: Todd Jirsa, Mayor
Cody Rex Walker, Mayor Pro Tem
Trustees Carlie Bangs
MarieCenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Kimberly Disney, Recording Secretary
Absent: Greg White, Town Attorney
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Zornes) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Brian Wells/Town citizen spoke regarding the circulation of a marijuana petition. The
Estes Valley Residents for a Healthy Community, have opposed the retail sale of
marijuana within Town limits, and have endeavored to provided education regarding the
effects of marijuana on communities. A Public Health consultant has been enlisted to
research negative aspects of marijuana on communities including increased hospital
admissions, emergency room visits, calls to poison control, and increased violence.
Kent Smith/Town citizen thanked the Board for holding the Facilitated Listening Session
with building contractors.
TOWN BOARD COMMENTS
Trustee Zornes stated Lori Stolen, Director of the Behavioral Health Policy Council would
be providing an update on the Council to the Board.
Trustee Norris stated the Estes Valley Planning Commission has unanimously approved
a resolution in Support of the Joint Planning Area. The Family Advisory Board would meet
March 7, 2019 and has 4 openings on the Board. The Childcare and Housing Ad-Hoc
Task Force met with six community groups and have developed principals and draft
criteria for decision making and outreach guidelines.
Mayor Pro Tem Walker received a comment from Westover Construction thanking the
Board for the Facilitated Listening Session.
Trustee Bangs stated Sister Cities Committee met and have been preparing for a
fundraiser scheduled for March 30, 2019 at The Other Side restaurant. The
Transportation Advisory Board would schedule a public outreach meeting for the
Complete Streets Policy as suggested by the Board.
Trustee Cenac stated the Trustee Talk was held February 21, 2019 and Visit Estes Park
monthly meeting would be February 27, 2019 at their new facility.
Board of Trustees – January 22, 2019 – Page 2
TOWN ADMINISTRATOR REPORT.
none
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated February 12, 2019 and Town Board Study Session
Minutes dated February 12, 2019.
3. Estes Valley Planning Commission Minutes dated January 15, 2019 and Study
Session Minutes dated January 15, 2019 (acknowledgment only).
4. Transportation Advisory Board Minutes dated January 16, 2019 (acknowledgment
only).
5. Parks Advisory Board Minutes dated January 17, 2019 (acknowledgment only).
6. Voluntary Water System Transfer Agreement between Town of Estes Park and
Prospect Mountain Water Company.
It was moved and seconded (Norris/Bangs) to approve the Consent Agenda with
the removal of item 2 to be considered for approval on March 12, 2019, and it
passed unanimously.
ACTION ITEMS:
1. CONTRACT EXTENSION FOR 2019 CHIP AND CRACK SEAL. Engineer Barr
presented a change order to extend the 2018 Vance Brothers, Inc. construction
contract to include the 2019 Pavement Seal Treatment Program for application of
chip, slurry and crack seal resurfacing treatments to multiple roads and one
parking lot in Town. By extending the contract with Vance Brothers, Inc. the Town
would save $23,000 in comparison to projected 2019 costs. It was moved and
seconded (Norris/Zornes) to approve the Contract Extension for 2019 Chip
and Crack Seal with Vance Brothers, Inc., and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. CUSTOMER SERVICE PROGRAM UPDATE. Executive Assistant Simpson
presented an update of the Customer Service Program. She provided background
on the Customer Service Program and highlighted the unique customer services
needs of municipal government. She provided an overview of the organizational
values including responsiveness to customers and situations, approach of respect
and empathy and outcome-focused service. The program would focus on
positively representing the Town, employing a variety of concepts and techniques
and would apply to all levels of staff. The Customer Service Program Team has
been finalizing curriculum with the first training session to be scheduled for late
spring. The Trustees discussed providing data on how the program would improve
customer services. Town Administrator Lancaster stated the program which has
been in development and has not been a result of current Building Department
issues.
2. MICRO-MOBILITY DEVICES. Director Muhonen presented objectives and
content for a drafted ordinance which would govern the comingling of human or
electric-powered transportation devices with pedestrians on sidewalks, trails and
streets. The Model Traffic Code prohibits the use of electric motor or electric
assisted bicycles on public bike and pedestrian paths. Town staff has been
interested in potentially allowing Electric Mobility Scooters (EMS) or ebikes on
some recreational trails and pre-emptively establishing regulations could prevent
problems other municipalities have experienced with the introduction of EMSs and
ebikes. Trustees discussed signage implementation, where sidewalks could be
used by EMSs and ebikes, input of the Estes Valley Recreation and Parks District,
potential of easing traffic congestion if allowed downtown and effect on
businesses. It was determined to bring the drafted ordinance forward for approval
at the next Town Board meeting.
REQUEST TO ENTER EXECUTIVE SESSION:
Board of Trustees – January 22, 2019 – Page 3
It was moved and seconded (Martchink/Cenac) to enter into Executive Session for
discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S., and it passed
unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 7:47 p.m. to enter into Executive
Session.
Whereupon Mayor Jirsa adjourned the executive session at 8:10 p.m.
ToddJirsa, Mayor
Kimberly Disney, Recording Secretary
Town of Estes Park, Larimer County, Colorado February 12, 2019
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 12th day of February, 2019.
Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Attending: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Cenac,
Martchink, Norris and Zornes
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, and Recording Secretary
Disney
Absent: Trustee Bangs
Mayor Jirsa called the meeting to order at 5:30 p.m.
COMPLETE STREETS POLICY PRESENTATION & DISCUSSION. Manager Hook,
Transportation Advisory Board (TAB) Chair Belle Morris and Co-Chair Tom Street
presented a drafted Complete Streets Policy and resolution for Town Board
consideration. TAB has spearheaded the development of a Complete Street Policy to
address deficiencies in transportation, reduce traffic congestion, noise and air pollution,
encourage wellness and improve safety for residents and visitors. A formal Complete
Streets Policy would provide methodology when designing, planning, funding,
implementing and maintaining future public transportation projects. It could also
demonstrate a commitment to future funding partners of offering diverse mobility
options. TAB and staff requested the Board review the draft policy for approval by
resolution at an upcoming meeting. Trustees discussed how the policy would act as a
guide for future projects and if community outreach and input has been received. It was
determined staff would hold additional public outreach on the policy and present results
to the Town Board at a future meeting.
2019 STREET IMPROVEMENT PLAN & TRAIL EXPANSION PROGRAM UPDATES.
Manager Hook and Pavement Manager Barr presented an update on the 2019 Street
Improvement Plan (STIP) and Trail Expansion Program. Manager Barr stated the goal
of STIP was to raise the average Pavement Condition Index (PCI) to a value of 70 by
2024. The 2019 STIP projects would focus on Brodie Avenue improvements, 4th Street
rehabilitation and Cleave Street interim design. Manager Barr also provided background
on the Trail Expansion Program, due to 1A funds, staff has been able to pursue multiple
grants for Brodie Avenue and Fall River Trail improvements. Trustees discussed how
PCI was evaluated, road deteriorate timelines in rural communities, if PCI could be used
to determine future road deterioration and if the Estes Valley Recreation and Parks
District contributes to trail maintenance and financing.
TRUSTEE & ADMINSTRATOR COMMENTS & QUESTIONS.
Mayor Jirsa stated per Town Board Governance Policy the role of individual trustees
was not to direct staff.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Lancaster stated due to the removal of the Rocky Mountain
Performance Arts Center, the Stanley Park Master Plan would need to be adjusted and
rescheduled for presentation in April. A strategic plan would be done to determine the
future needs and structure of the Town’s Human Resources department. It was
requested a discussion on Distributed Energy be scheduled for a Study Session. Mayor
DRAFT29
Town Board Study Session – February 12, 2018 – Page 2
Jirsa requested the discussion with Town Prosecutor Rocklin also include Judge
Thrower.
There being no further business, Mayor Jirsa adjourned the meeting at 6:43 p.m.
Kimberly Disney, Recording Secretary
DRAFT30
Town of Estes Park, Larimer County, Colorado, February 19, 2019
Minutes of a Joint Meeting of the Board of Trustees of the Town of Estes Park
and the Larimer County Commissioners, Larimer County, Colorado. Meeting
held in the Town Hall in said Town of Estes Park on the 19th day of February,
2019.
Present: Todd Jirsa, Mayor
Cody Rex Walker, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Commissioner Tom Donnelly
Commissioner Steve Johnson
Commissioner John Kefalas
Manager Linda Hoffmann
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Randy Hunt, Director – Town Community Development
Department
Lesli Ellis, Director - Larimer County Community
Development Department
Bunny Victoria Beers, Recording Secretary
Absent: None
Mayor Jirsa called the meeting to order at 6:30 p.m.
DISCUSS THE ESTES VALLEY COMPREHENSIVE PLAN REWRITE IN CONTEXT
OF INTERGOVERNMENTAL AGREEMENT (IGA) AND THE JOINT PLANNING
AREA. Mayor Jirsa opened the meeting of the Town Board and Larimer County
members and introductions were made. Meeting objectives were reviewed in addition to
a history of the IGA and development of the Comprehensive Plan. Staff provided an
overview of the Joint Planning area. Manager Hoffmann reviewed the flow chart
provided by staff and described outcomes for each option the Town and County could
take with the Comprehensive Plan and options for the IGA. A decision must be decided
on whether or not the Estes Valley Comprehensive Plan should be updated in 2019. If
the plan were to be updated, would the plan be revised either separately by each entity
or jointly and those respective paths. An additional consideration of the Boards would
be whether community outreach or analysis should be considered before making a
decision on the Comprehensive Plan or the IGA.
Board and County Commissioner comments have been summarized: Whether
additional community outreach should occur prior to moving forward with revising the
plan or IGA; discussed the benefits of the IGA and moving forward jointly or separately;
an explanation was requested for annexations and provisions for non-contiguous
properties and the process involved to annex; the possibility of a joint Comprehensive
Plan with areas of independent operation by Town and County staff; the transitioning of
staff or plan review with either decision; whether there are issues or concerns with the
current IGA which need to be addressed in the update and the importance of
establishing expectations and how the plan would be executed.
Board of Trustees – February 19, 2019 – Page 2
Both the Town Board and County Commissioners reached a consensus the
Comprehensive Plan requires updates. The Comprehensive Plan would be placed on
hold until the problem and outcomes are developed. Staff would continue public
outreach and provide options to the public for revisions to the Comprehensive Plan and
develop a process to gain feedback. The Boards would obtain the feedback jointly and
review data jointly at a future meeting.
ACTION ITEMS:
1. NEXT STEPS FOR COMPREHENSIVE PLAN REWRITE AND IGA.
No motion was made.
DISCUSSION OF STRUCTURE FOR PROPOSED STORMWATER FEES.
Director Muhonen stated the Town has seen impactful damages in relation to flooding.
In 2016 a hydrology study was performed and FEMA continues to develop new
floodplain maps to address outcomes from the study. The Board identified objectives as
part of the Strategic Plan and three objectives were established including: Pursue
funding for flood mitigation projects; implement recommendations of the Stormwater
Master Plan; and prioritize and pursue projects and funding to reduce flood risk and
flood insurance costs for the property owners and businesses in the Estes Valley. He
stated two cost models were determined with 20% grant funding or no grant funding.
Based on Board direction staff would use a cost model to send out a news release,
mailing containing a summary of the program, sample bill and public outreach survey.
Another funding option could be implemented with a sales tax approved by voters with
the expiration of the 1A Sales Tax in 2024. A fee would not be imposed on vacant
parcels. Fees would be based on impervious area with residential fees based on the
average impervious areas within four lot size tiers of: under 0.04 acres; 0.05 to 0.44
acres; 0.45 to 1.01 acres, and over 1.02 acres.
Board comments were heard and have been summarized: How staff determined the
four categories for lot size tiers; concerns were voiced regarding residents in the
unincorporated Estes Valley paying a large fee while most of the projects are proposed
in Town limits; the use of a range of proposed fees versus a single estimate amount;
implication of doing nothing could affect the eligibility to obtain Federal grants after a
devastation occurs; and whether staff has considered a debt model for the program.
Commissioner Donnelly encouraged the Board to consider fees on new developments
as another funding option for the program.
The Board was in agreement to direct staff to proceed with public outreach through the
educational letter, sample bill and customer feedback. Staff would collect data for a
three-week time period and present the information to the Town Board and County
Commissioners in April 2019.
Whereupon Mayor Jirsa adjourned the meeting at 9:06 p.m.
Todd Jirsa, Mayor
Bunny Victoria Beers, Recording Secretary
Town of Estes Park, Larimer County, Colorado February 26, 2019
Minutes of a Special Facilitated Listening Session meeting of the TOWN
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting
held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 26th
day of February, 2019.
Board: Mayor Jirsa, Mayor Pro Tem Walker, and Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Attending: Mayor Jirsa, Mayor Pro Tem Walker, and Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Also Attending: , Assistant Town
Administrator Machalek, Director Hunt, and Recording
Secretary Beers
Absent: None.
Mayor Jirsa called the meeting to order at 4:05 p.m.
FACILITATED LISTENING SESSION: BUILDING DIVISION OPERATIONS AND
PERFORMANCE. Russ Nehrig was introduced as facilitator of the meeting who
defined the scope of conversation and encouraged attendees to participate in the
session. The Board encouraged input from attendees with intent to provide a better
level of customer service. Director Hunt stated staff have streamlined processes to
allow more options to expedite the process and increase productivity. Additionally, the
Division has contracted with SAFEBuilt Colorado, LLC a processing firm to review
current processes within the Division and codes to address areas of improvement.
Contractor comments have been summarized: Contractors stated they are not treated
as customers; concerns for division staff turnover impacting the process; deadlines are
not being met by staff including deadlines set by the Division; the possibility of staff
being stuck in the processes leading to inefficiencies; if processes are changed
additional staff may be required to meet new deadlines; concern with discrepancies in
the fees and fines imposed; inconsistency with plan requirements by third-party
inspections and reviews; the importance of bringing codes into perspective based on
the project; whether the Board would benefit from a tour of the Division and observe
processes; the need to fill the Chief Building Official position and possibly an
administrator to streamline processes and oversee the Division; concern for business
license deadlines effecting timing of a certificate of occupancy; whether the Board of
Appeals and Advisory Committee are redundant and concern over the amount of staff
time being used for the vacation home life safety inspections and the impact to the
Division.
Staff stated their appreciation for the feedback and informed the Board and contractors
of improvements staff have developed utilizing Laserfiche, the Town’s enterprise wide
document management program. Staff continues to automate and digitize processes
and develop improvements which would be beneficial to staff and contractors. Staff
invited members of the community and contractors to a Building Advisory Committee
meeting to be held on February 28, 2019 in Town Hall where staff would further review
processes automation with Laserfiche.
Board comments were heard and have been summarized: the need to improve
customer service levels; the Board was unaware the vacation home life safety survey
inspections were consuming a large amount of staff time; the need for elected officials
to understand the process; appreciation for feedback regarding concern over third party
32
Town Board Special Facilitated Listening Session – February 26, 2019 – Page 2
inspections; the importance to continue conversations to guarantee changes are
implemented; staffing needs and how to address turnover; and whether the Board
should consider budgeting adequate staffing for the Division.
The Board was in agreement to schedule a review of the meeting at the March 12, 2019
study session.
There being no further business, Mayor Jirsa adjourned the meeting at 5:53 p.m.
Bunny Victoria Beers, Recording Secretary
33
Town of Estes Park, Larimer County, Colorado, February 7, 2019
Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Room 203 of the Estes Park Town Hall,
on the 7th day of February, 2019.
Present: Laurie Dale Marshall
Jodi Roman
Michael Moon
Rachel Balduzzi
Karen Randinitis
Sue Strom
Courtney Hill
John Bryant
Also Present: Ron Norris, Town Board Liaison
Suzanna Simpson, Administration Executive Assistant
Absent: Nancy Almond
Tyler Schmitt
Carrie Brown
Guests: Claire Bouchard, United Way of Larimer County
Katherine Chu, Larimer County
Chair Marshall called the meeting to order at 3:32 p.m.
PUBLIC COMMENTS
Katherine Chu provided an update from Communities That Care. They are working on
strategy and have decided to focus on filling in gaps on childcare, including helping to
organize the waitlist and other resources, and forming a subcommittee to work on the
details of this focus area. Katherine will work with other groups such as EVICS, ECE,
EVRJP and the newly formed Ad Hoc Task Force from the Town.
Claire Bouchard announced that she and Grant Stump will be in Estes Park soon doing
an exercise with nonprofits and the community for education on Estes Park United.
COMMUNITY CONNECTIONS
Chair Marshall introduced this new agenda item. This is an opportunity for Family
Advisory Board members to share opportunities related to the Family Advisory Board or
an action already completed. It is also a time to share anything anecdotal or items being
tracked around housing and childcare.
35
Family Advisory Board – February 7, 2019 – Page 2
Michael Moon: The last month and a half has been spent trying to understand the
facility aspect of the ECE proposed childcare center. An advisory team has been
formed. They are looking at 170-190 child capacity, with 50/50 infant/toddler and pre-
school. The next step is to put together a detailed business plan to be ready in April.
They are interested in pursuing discussions with CU Boulder Journey and incorporating
that program into the center. Chair Marshall is interested in compiling the information
gathered that could be useful to others pursuing childcare opportunities. Member
Randinitis asked if the recent removal of the EPIC performing arts center from the
Stanley Master Plan freed up any space for the childcare center. Member Moon
responded that the center was proposed to be on the deed restricted part of the
property. Trustee Norris will get more information. Moon also stated that the engineering
site plan is almost ready and will reveal whether the four-acre concept is accurate.
Rachel Balduzzi: Approached by the Mountain Festival team to see if the Family
Advisory Board wants to have a booth at the festival. The event is May 3 and would be
a great opportunity to connect with kids.
John Bryant: Governor Polis is putting forth a proposal for full day Kindergarten.
Currently the school district pays for it completely, so this could result in a significant
savings for the district. Member Moon added that HB 19-1052 allows for the formation
of a child development taxing district, including both property and sales tax. There is
bipartisan support in the house and senate. Member Bryant also added that the school
district is starting to push back on individuals that try to communicate through the school
rather than use a translator.
Jodi Roman: The Community Conversation at the library last week was enlightening.
There was a good mix of community members and opportunity for discussion. The need
for a community vision was an important takeaway. There may be another gathering
next month.
Laurie Dale Marshall: The Poverty Simulation will take place March 20 and registration
is open.
TRUSTEE LIAISON REPORT:
Trustee Norris will take updates from the Community Connections to the Town Board.
The Ad Hoc Task Force has met and are determining roles. Travis put together a
reference book with many useful items including the Town’s strategic plan, the
Avalanche report summary from the Estes Park EDC, the childcare survey, housing
36
Family Advisory Board – February 7, 2019 – Page 3
needs assessment and Stanley Park Master Plan. The Town has added the need for
ways to support childcare and housing to the strategic plan. Some of the groups that the
task force hopes to meet with are the Estes Park School District, Estes Valley
Recreation and Park District, the Estes Park Housing Authority, International City and
County Managers Association (ICMA) and Colorado Municipal League (CML), as well
as tying in to future League of Women Voters forums. Discussed barriers to progress on
housing and childcare, with the biggest barrier being distrust of government on a local
and national level, stressing the need for input. Important to note that everyone benefits
from childcare and workforce housing. The comprehensive plan committee created a list
of groups for future outreach around land use issues and will share that with the Family
Advisory Board.
APPROVAL OF JANUARY MINUTES:
It was moved and seconded (Moon/Roman) to approve the January meeting minutes
with corrections and the motion passed unanimously.
CHILDCARE WAITLIST DATA
Chair Marshall distributed two possible formats for the childcare waitlist that EVICS is
creating with the help of the Family Advisory Board. Members Moon and Roman worked
on an additional format to expand the data collected, adding questions covering
openings, age and scholarships or other support systems. A future desire is to create a
pie chart similar to Breckenridge’s which shows the income impact associated with
childcare in Estes Park. Discussion continued on how to make this impact visible within
the workforce. Chair Marshall encourages pursuit of this concept through committee
work. Member Bryant suggested changing the narrative of the waitlist to “what are you
doing with children aged 2-5?” Discussion about the school becoming a collection point
for this data. Member Bryant suggested that the Family Advisory Board have a table at
the Kindergarten Roundup. Chair Marshall asked Members Moon and Roman to
continue discussion about waitlist and other survey ideas and report back at next
month’s meeting. Trustee Norris stated that his daughter specializes in qualitative data
collection and he will speak with her about possible methods for these efforts. Member
Hill expressed concern about returning to the survey discussion, as there have been
multiple surveys distributed to the community through various groups in Town. Claire
Bouchard suggested the Be Ready Fair as another opportunity for the Family Advisory
Board to collect data.
37
Family Advisory Board – February 7, 2019 – Page 4
FAMILY ADVISORY BOARD OUTREACH
Several opportunities are available for the Family Advisory Board to participate in
different events – some examples that were discussed were the Mountain Festival, the
Be Ready Fair and Kindergarten Roundup. Chair Marshall mentioned the possibility of
members presenting at Town Board meetings, and she offered to present on behalf of
the board at the next meeting. The plan will be to present every other month and see
how it goes. More discussion on this topic at the March meeting. Chair Marshall feels
encouragement of HB 19-1052 would be an important place to start. Katherine Chu
offered to join a Family Advisory Board member at events on behalf of Communities
That Care. Discussion about what type of activity would be involved. Member Hill
suggested an activity that covers all ages. This item will be brought forward in March for
further discussion and decision on events and activities.
MEMBERS:
There are currently four openings on the board. Board members discussed how to add
more diversity to the group. Member Hill suggested concentrating on diversity in
representation and culture, as the board is becoming heavily focused on childcare and it
would be helpful to expand the skills and the demographic of the board. Chair Marshall
encourages board members to provide input on the meeting date and time, and if any
members have issues with the current schedule. She also asked the members who
have a term expiring in April to advise if they will reapply by the next meeting. The board
discussed ways to promote the openings with Executive Assistant Simpson. Job listings
are promoted on the Town’s social media and occasionally by email, but individual
postings are not separated out. Simpson will talk with Public Information Officer Kate
Rusch on options for heavier promotion of the openings. Member Bryant suggested a
link on the Family Advisory Board landing page on the Town’s website that links to the
jobs page advertising the opening. Bryant also suggested that a flyer could be
distributed in the Friday folders. Member Hill offered to update the existing half-sheet
document used by the board at events. This will go out in the Feb. 22 folders. Hill also
suggested exploring reasons for a potential lack of interest if more applications do not
come in.
OTHER BUSINESS:
Chair Marshall reminded the board on behalf of Member Almond that Speak Up For
Kids Day is April 2 in Fort Collins.
Seeing no further business, the meeting was adjourned at 5:11 p.m.
38
Family Advisory Board – February 7, 2019 – Page 5
NEXT MEETING
The next meeting of the Family Advisory Board will take place Thursday, March 7 at
3:30 p.m. in room 203 at Town Hall.
Suzanna Simpson, Recording Secretary
39
40
PUBLIC WORKSMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Christy Crosser, Grant Specialist
Greg Muhonen, PE, Public Works Director
Date: March 12, 2019
RE: Letter of Support for the 2019 Great Outdoors Colorado Connect Initiative
Grant for Fall River Trail
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Support Letter
QUASI-JUDICIAL YES NO
Objective:
Public Works seeks approval from the Town Board to support a Great Outdoors
Colorado (GOCO) concept application.
Present Situation:
In 2017, Public Works completed the design to extend Fall River Trail along US34 from
its current end point just west of Sleepy Hollow Court then along Fish Hatchery Road to
the Aspenglen campground in Rocky Mountain National Park (RMNP). In 2017 and
2018, Public Works successfully applied for two grants totaling $650,000. GOCO has
announced its 2019 round of “The Connect Initiative” which focuses on connecting
existing disjointed trails.
Proposal:
Public Works proposes to pursue funding in the amount of $2,000,000 for Fall River
Trail through the GOCO Connect Initiative. The GOCO application process first requires
a concept application which is due April 4, 2019. One of the requirements is a letter of
support from the Town of Estes Park Board of Trustees. If this concept application is
approved by GOCO, the Town would be invited to submit a full grant application to
GOCO in August of 2019.
Advantages:
Continuing to pursue opportunities to complete Fall River Trail:
Aligns with the adopted Estes Valley Master Trails Plan wherein Fall River Trail is
identified as a high priority trail project.
41
Aligns with the 2019 Town Strategic Plan (Key Outcome Area 7: Transportation;
Goal d: We will continue to develop connectivity of trails in the Estes Valley in
partnership with other local entities as described in the Estes Valley Trails Master
Plan; Objective 10: Pursue funding opportunities for construction of the Fall
River).
Provides a connection between downtown and RMNP and will be the first direct
trail into the Park from Town.
This grant could provide significant funding for another segment of the Fall River
Trail.
Disadvantages:
Award of the grant will be contingent upon assembling local match funding for
construction in 2021 to leverage over 75% of the costs associated with trail
construction from the potential GOCO grant and other financial partners.
Grant applications and management require administrative time and effort paid
for with public funds.
Action Recommended:
Staff recommends Town Board support this GOCO concept application through
authorizing Mayor Jirsa to sign the attached support letter.
Finance/Resource Impact:
The 2019 GOCO grant cycle has a maximum award of $2,000,000. GOCO is a cost
reimbursement program that will reimburse 75% of total project costs, while the Town
must provide a 25% match of the total project cost. The anticipated Town match is
666,667 to be allocated in 2021 from the 1A Trails Expansion Fund and/or the Open
Space Fund and/or other partner organizations (e.g. EVPRD).
Level of Public Interest
Public Interest is expected to be moderate.
Sample Motion:
I move for approval/denial to authorize the Mayor to sign the attached letter of support
for the GOCO Connect Initiative grant application.
Attachments:
Draft 2019 GOCO Support Letter.
42
Public Works
Engineering Streets
Facilities Fleet
Parks Parking & Transit
970-577-3587
publicworks@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
March 12, 2019
Great Outdoors Colorado
1900 Grant Street, Suite 725
Denver, CO 80203
To Whom It May Concern:
The Town of Estes Park Board of Trustees is in support of the concept application for the
2019 Great Outdoors Colorado (GOCO) Connect Initiative grant to construct the Fall River
Trail. This trail will connect downtown Estes Park with Rocky Mountain National Park
RMNP) and in doing so will connect residences and businesses along the trail to these two
points. This trail will provide safe, multi-modal access to the trails and campgrounds of
RMNP.
In 2016, with funding from GOCO, the Estes Valley Recreation and Park District worked
with community partners including the RMNP to create the Estes Valley Master Trails Plan.
The proposed Fall River Trail was identified as a high priority, stating that it will be an
important connector of disjointed trail networks, broadly supported by the community, and
will provide an immediate improvement in safety for pedestrians and bicyclists along the
route.
Once complete, this trail will provide an extremely valuable benefit to Estes Park, spanning
all the way from downtown to the RMNP boundary at Aspenglen Campground. From there,
it will connect more than 350 miles of trails in RMNP. It will also provide local residents and
visitors another place to walk, run, and ride bicycles further supporting health and fitness in
the community and making this an outstanding family recreational opportunity. As a result of
this trail, traffic congestion could be lessened going to and from the Park from downtown.
The Estes Park Town Board expresses its gratitude to GOCO for this opportunity. As a
premiere Colorado destination, we welcome this partnership to advance the trail system in
our state. Estes Park will be an even better and healthier place to live, work and play. The
favorable consideration of GOCO would be very much appreciated.
Regards,
Todd Jirsa, Mayor
Town of Estes Park
DRAFT43
44
PUBLIC WORKSMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Christy Crosser, Grant Specialist
Greg Muhonen, Public Works Director
Date: March 12, 2019
RE: Letter of Support for the PeopleForBikes Grant Application for Fall River
Trail
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Support Letter
QUASI-JUDICIAL YES NO
Objective:
Public Works seeks approval from the Town Board to support the full application to
PeopleForBikes for the Fall River Trail Extension project.
Present Situation:
In 2017, Public Works completed the design to extend Fall River Trail along US34 from
its current end point just west of Sleepy Hollow Court, then along Fish Hatchery Road to
the Aspenglen campground in Rocky Mountain National Park (RMNP). In 2017 and
2018, Public Works successfully applied for and was awarded two grants totaling
650,000. The Town submitted a preliminary application to PeopleForBikes and was
selected to submit a full application. PeopleForBikes is a national nonprofit that focuses
on making every bike ride safer, easier to access and more fun.
Proposal:
The PeopleForBikes full grant application is due April 5, 2019. The application will be
completed by Public Works staff working with grant writer Sarah Pita. One of the
requirements is a letter of support from an elected official. The amount of the grant is
5,000.
Advantages:
Continuing to pursue opportunities to complete Fall River Trail:
Aligns with the adopted Estes Valley Master Trails Plan wherein Fall River Trail is
identified as a high priority trail project.
45
Aligns with the 2019 Town Strategic Plan (Key Outcome Area 7: Transportation;
Goal d: We will continue to develop connectivity of trails in the Estes Valley in
partnership with other local entities as described in the Estes Valley Trails Master
Plan; Objective 10: Pursue funding opportunities for construction of the Fall
River).
Provides a connection between downtown and RMNP and will be the first direct
trail into the Park from Town.
The PeopleForBikes grant does not require a local cost share. These funds can
be used for the match with other grants awarded for this project.
Disadvantages:
Grant applications and management require administrative time and effort paid
for with public funds.
Action Recommended:
Staff recommends Town Board support this PeopleForBikes application by authorizing
Mayor Jirsa to sign the attached support letter.
Finance/Resource Impact:
This grant application request is for an award of $5,000. There is no local cost share.
Level of Public Interest
Public Interest is expected to be moderate.
Sample Motion:
I move for approval/denial to authorize the Mayor to sign the attached letter of support
for the PeopleForBikes grant application.
Attachments:
Draft PeopleForBikes Support Letter.
46
Public Works
Engineering Streets
Facilities Fleet
Parks Parking & Transit
970-577-3587
publicworks@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
March 12, 2019
PeopleForBikes
P.O. Box 2359
Boulder, CO 80306
To Whom It May Concern:
The Town of Estes Park Board of Trustees is in support of the grant application to
PeopleForBikes to construct the Fall River Trail. This trail will connect downtown Estes Park
with Rocky Mountain National Park (RMNP) and in doing so will connect residences and
businesses along the trail to these two points. This trail will provide safe, multi-modal
access to the trails and campgrounds of RMNP.
In 2016, with funding from GOCO, the Estes Valley Recreation and Park District worked
with community partners including the RMNP to create the Estes Valley Master Trails Plan.
The proposed Fall River Trail was identified as a high priority, stating that it will be an
important connector of disjointed trail networks, broadly supported by the community, and
will provide an immediate improvement in safety for pedestrians and bicyclists along the
route.
Once complete, this trail will provide an extremely valuable benefit to Estes Park, spanning
all the way from downtown to the RMNP boundary at Aspenglen Campground. From there,
it will connect more than 350 miles of trails in RMNP. It will also provide local residents and
visitors another place to walk, run, and ride bicycles further supporting health and fitness in
the community and making this an outstanding family recreational opportunity. As a result of
this trail, traffic congestion could be lessened going to and from the Park from downtown.
The Estes Park Town Board expresses its gratitude to PeopleForBikes for this grant
opportunity. As a premiere Colorado destintion we welcome this partnership to advance the
trail system in our state. Estes Park will continue to be a healthier place to live, work and
play. The consideration of PeopleForBikes would be very much appreciated.
Regards,
Todd Jirsa, Mayor
Town of Estes Park
DRAFT47
48
RESOLUTION #05-19
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 BEER & WINE Liquor License, filed
by Stanley Wellness Center, LLC dba Aspire Residence at the Stanley Hotel, 520 Steamer
Drive, Estes Park, Colorado, is February 18, 2019.
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, March 26, 2019, 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 3.5 miles, as measured from the center of
the applicant's property.
DATED this day of
TOWNOFESTESPARK
Mayor
ATTEST:
Town Clerk
49
50
COMMUNITY DEVELOPMENTMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Robin Becker, Planner I
Date: March 12, 2019
RE: Planning Commission Bylaws Amendment
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Bylaws
QUASI-JUDICIAL YES NO
Objective:
Approval of revisions and updates to the Planning Commission Bylaws.
Present Situation:
The Planning Commission has made edits to the Planning Commission Bylaws
language at several points since 2000 – the most recent update was in November 2014.
Starting in 2018 an update to the Planning Commission bylaws was proposed.
Current proposed changes pertain to meeting timeframe, specifying the time that the
meeting should end, providing notification criteria for special meetings, chair term limits
and inclusive gender-neutral language regarding chair titles. Staff, due to public
comment and suggestion from DOLA (Colorado Department of Local Affairs), brought
these edit suggestions to the Planning Commission multiple times in the past several
months during study sessions.
Public comment specifically requested Planning Commission meetings be held at a
more accessible time for those who work normal business hours. DOLA has also
commented that we are not serving our general public by holding the meetings at 1:30
p.m. instead of later in the day, such as starting at 5:00 p.m.
Planning Commission noted interest and concern in moving the meeting times later in
the day and having the ability to continue meetings if they run too late. To achieve
flexibility, the exact start time is not specified in the revised Bylaws. Instead, the Bylaws
provide that the Planning Commission will vote at the first meeting each year to set their
meeting times, both start and end (Sec. II.A.) Planning Commission has voted to set a
start time of 6:00 pm, with study sessions beginning at 3:30 pm, beginning in April. The
new times are contingent on approval of these Bylaws revisions by Town and County
governing bodies.
51
Proposal:
The primary proposed edits are:
To make the Bylaws consistent with the IGA and all amendments.
Allowing the Planning Commission to amend meeting times yearly, based on the
needs and desires of the community.
Remove any unnecessary or redundant bylaw sections. Clean up inconsistences
in language and titles.
Advantages:
Allows those who work normal business hours to attend and participate actively
in public meetings without having to take the time off work.
Aligns the bylaws and amendments with the IGA.
Remove potentially unnecessary or redundant Bylaw sections.
Disadvantages:
Staff and Commissioners may have to stay later than normal for extended meetings.
Action Recommended:
Staff recommends approval of the proposed changes to the Planning Commission
Bylaws.
Finance/Resource Impact:
N/A
Level of Public Interest
Medium - Public is interested in having later meetings so more business owners and
workers can attend meetings following work.
Sample Motion:
Move that the Town Board of Trustees APPROVE the Estes Valley Planning
Commission Bylaws revisions and updates as shown in Exhibit A [Green], and forward
the revised bylaws to the Board of County Commissioners with a recommendation for
approval … [state direction for additional changes to the Bylaws].
Move that the Town Board of Trustees DENY the Estes Valley Planning Commission
Bylaws revisions and updates as shown in Exhibit A [Green], because... [state reasons
for denial]
Move that the Town Board of Trustees CONTINUE the Estes Valley Planning
Commission Bylaws revisions and updates as shown in Exhibit A [Green] to the next
regularly scheduled meeting of the Town Board of Trustees, requesting that… [state
direction for additional changes to the Bylaws].
Attachments:
Exhibit A [Green]: Planning Commission bylaws (March 12, 2019).
52
Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 1
ESTES VALLEY PLANNING COMMISSION
BY-LAWS
I. ROLE
A. Authority. The Estes Valley Planning Commission (the Commission, EVPC) was jointly
established by the Larimer County Board of County Commissioners (the County) and the
Town of Estes Park Board of Trustees (the Town) in 2000. The Estes Valley Planning
Commission exercises the authority given to it by the Town Board and the Board of County
Commissioners, as described in the 2000 Intergovernmental Agreement, and all amendments
thereto, (the IGA) between the Town and County, outlined below:
1. Perform all of the duties and responsibilities of a joint planning commission
pursuant to the provisions of the Estes Valley Development Code (EVDC).
2. Perform all of the duties and responsibilities and obligations of the Town and/or
County planning commissions set forth in the Colorado Revised Statutes for the
Planning area.
3. The Commission shall have authority and be responsible for the Comprehensive Plan.
II. MEETINGS
A. Regular Meetings. Regular meetings shall be held once per month on the third Tuesday of
the month. The Commission shall on the first meeting of each calendar year designate the
time and place for its regular meetings. The Commission also may adopt rules for the length
of its meetings. Rules shall include provisions that any matter which has been commenced
and is still pending at the conclusion of the Commission meetings and all matters scheduled
on the approved agenda for consideration at the meeting which have not been considered by
the Commission, shall be continued to the next regular Commission meeting or special
meeting and shall be placed prior to New Business on said agenda for such meeting. The
continuance of any item on the agenda shall be subject to compliance with Chapter 3 of the
EVDC.
B. Study Sessions. Regular study sessions of the Commission shall be held as needed,
beginning approximately two hours prior to each regular or special meeting, with the exact
time depending on agenda content. No official action shall be taken and no quorum shall be
required for the study session. The study session shall be open to the public. Unless
approved by the Chair, participation in a study session shall be limited to the Commission and
Staff.
C. Consent Agenda:
1. An item may be placed on the consent agenda if it is non-controversial and Staff
and Applicant have agreed on the findings and conditions of approval. Consent
agenda should be verified during the study session. No item that has been
advertised for a public hearing shall be placed on the consent agenda.
2. The following procedure shall generally be followed by the Commission when
considering consent agenda items:
Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 2
a. Any Commission member, Staff or member of the public may request that an item
be removed from the consent agenda and be discussed as a full agenda item prior
to or during agenda approval. The reason for the request shall be stated.
b. The item removed from the consent agenda will be placed at the start of the regular
agenda.
c. The item which has been removed from the consent agenda shall be heard by the
Commission, based on the issues raised by the request for removal.
3. Only one motion shall be required for approval of all consent items.
D. Special Meetings. Special Meetings may be held at any time upon call by the Chair. The
Chair shall call a special meeting upon request by the Board of County Commissioners or
County Manager, upon request by the Town Board or Town Administrator, or upon request
by a majority of the membership of the Commission. Notice of at least three (3) calendar
days shall be given to each member of the Commission, including the time, place, and
purpose of the Special Meeting.
E. Cancellation of Meetings. Regularly scheduled meetings of the Commission may be
canceled or rescheduled for good cause by the Chair.
F. Meeting Procedures. For matters requiring action by the Commission, the procedure
generally shall be as follows: staff report, applicant presentation, open public hearing,
close public hearing, applicant rebuttal, moving, discussion, and action by the
Commission. Discussion may occur throughout the procedure.
G. Open Meetings. All meetings and action of the Commission shall be in full
compliance with the State Statutes governing open meetings. It is the responsibility
of the Staff to be familiar with the State Statutes.
H. Public Comment: The Chair may allow public comment at the beginning of each meeting by
any person desiring to speak on any land use matter not on the agenda. The Commission
shall not take action on any matter raised by public comment. All public comment shall be
relevant to land use matters and shall not be more than three minutes in duration per
person.
III. MEMBERS AND QUORUM
A. Membership. The membership, residency, attendance, terms, vacancy and removal for
members of the Commission shall be as stated in the IGA.
B. Quorum. A quorum for transaction of business shall consist of four (4) members. In a meeting
where a quorum is not present, all scheduled matters shall be rescheduled for hearing at
the next regular Commission meeting or at a special meeting.
Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 3
C. Action. Action by the Commission shall be by majority vote of the members in
attendance at any regular or special meeting which a quorum is present, unless
otherwise provided in these Bylaws, required pursuant to State Statute, or pursuant to
the IGA. If any motion voted on by the Commission ends in a tie vote, the motion shall
be deemed denied.
D. Recommendations for Appointment. Upon request by the Town Board and/or Board of
County Commissioners, the Commission shall make recommendations for
appointments to the Commission.
IV. OFFICERS
A. Officers. There shall be a Chair and a Vice-Chair for the Commission. Each shall be a
member of the Commission and serve for a one-year term. The Community Development
Department administrative assistant or designee shall serve as Recording Secretary. The
Commission may appoint such other officers as the Commission deems necessary for the
conduct of its business. Such other officers may be non-members of the Commission.
B. Elections. Officers shall be elected by a majority vote of the members in attendance
at the first regularly scheduled meeting of each year. Notification of who is elected
Chair and Vice-Chair shall be sent to the Town Clerk and the Board of County
Commissioners.
C. Chair responsibilities:
1. Preside at all meetings;
2. Ensure that all meetings are conducted with decorum and efficiency;
3. Call special meetings in accordance with the by-laws;
4. Sign any documents prepared by the Commission for submission to the Town or County;
5. See that decisions of the Commission are implemented;
6. Represent the Commission in dealings with the Town Board and Board of County
Commissioners or other organizations.
The Chair has the same right as any other member of the Commission to vote and address all
matters before the Commission.
D. Vice-Chair responsibilities:
1. Preside at meetings or perform other duties of the Chair in the event the Chair is absent
or unable to act;
2. Assist the Chair as requested.
E. Chair Pro Tern responsibilities:
Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 4
1. In the event the Chair and the Vice-Chair are both absent or unable to act, a member
shall be designated by the other members of the Commission to temporarily perform
the responsibilities of the Chair.
F. Recording Secretary responsibilities:
1. Sign or attest the signature of the Chair or Vice-Chair on the documents of the
Commission as may be necessary;
2. Prepare and keep the minutes of all meetings of the Commission in an appropriate
designated file;
3. Give and serve all notices required by State Statute, Town or County regulations or the
bylaws;
4. Prepare the agenda in consultation with the Chair and Staff for all meetings of the
Commission;
5. Be custodian of Commission records;
6. Inform the Commission of correspondence relating to business of the Commission and
attend to such correspondence.
G. Removal from Office. Any officer may be removed from office by a majority vote of the
members of the Commission in attendance, provided that at least thirty days’ notice has
been given to all members that removal of the officer will be considered at such meeting.
H. Officer Vacancies. If any office is vacant, the members of the Commission shall elect
a member to fill the office for the remainder of the term.
V. GENERAL PROVISIONS
A. By-laws. These by-laws may be amended at any regular or special meeting of the
Commission by a majority vote of the members of the Commission in attendance. Any
amendments shall be subject to review and approval by the Town Board and Board of
County Commissioners.
B. Documentation. All maps, plats, correspondence, and other documentation shall be filed
in the office of the Town of Estes Park Community Development Department and
adequate materials sent to the Commission members. Any materials presented at a
hearing or meeting by the Applicant or the public shall become part of the official record,
and at the discretion of the Chair, may or may not be returned.
VI. COMPLIANCE WITH TOWN AND COUNTY POLICIES
A. Compliance with Town and County Policies: In addition to these Bylaws the Commission
and all members are subject to and shall comply with all jointly adopted policies of the
Town and the County which specifically reference the Commission and/or Commission
members.
Estes Valley Planning Commission Bylaws — Revised February 19, 2019 Page | 5
VII. CONFLICT OF INTEREST
A. Conflict of Interest. All members of the Commission are subject to the standards of
conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq
C.R.S., and Article XXIX of the Colorado Constitution (Amendment 41). At the time of
introduction of an individual item on the Commission agenda in which the member has
a conflict of interest, the member shall state that he or she has a conflict of interest
and then abstain from participating and voting on the matter. A member having a
conflict of interest on any matter shall not attempt to influence other members of the
Commission at any time with regard to said matter.
Adopted this ___ day of _________, 20__
ESTES VALLEY PLANNING COMMISSION
By: __________________________________
Chair
Approved this ___day of _______, 20__
ESTES PARK BOARD OF TRUSTEES
By: __________________________________
Mayor
Approved this ____ day of __________, 20__
LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS
By: __________________________________
Chair
ORDINANCE NO. 04-19
AN ORDINANCE CONCERNING PLATTE RIVER POWER AUTHORITY AND THE
TOWN’S ELECTRIC FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY
OF AN AMENDED AND RESTATED ORGANIC CONTRACT ESTABLISHING
PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY
AND AN AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND
ENERGY.
WHEREAS, the Board of Trustees has received, and there are now on file in the
office of the Town Clerk, an Amended and Restated Organic Contract Establishing
Platte River Power Authority as a Separate Governmental Entity and an Amended
Contract for the Supply of Electric Power and Energy; and
WHEREAS, the Amended and Restated Organic Contract Establishing Platte
River Power Authority as a Separate Governmental Entity is an agreement among the
Town of Estes Park and the Cities of Fort Collins, Longmont and Loveland, all in the
State of Colorado (“Municipalities”); and
WHEREAS, the Amended Contract for the Supply of Electric Power and Energy
is an agreement between the Town and the Platte River Power Authority (“Authority”);
and
WHEREAS, the Amended Contracts are for the proper, efficient, and continuing
conduct of the Authority to perform its duties; and
WHEREAS, the Town, through its Light and Power Enterprise, owns, operates
and maintains electric light and power works and distribution systems to provide electric
service to its service area; and
WHEREAS, the Amended Contracts will allow the Town to continue to operate its
Light and Power Enterprise.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO.
Section 1: That the Town contract with the other Municipalities as set forth in the
Amended and Restated Organic Contract Establishing Platte River Power Authority as a
Separate Governmental Entity in substantially the form as on file with the Town Clerk.
Section 2: That the Town contract with the Authority as set forth in the Amended
Contract for the Supply of Electric Power and Energy.
Section 3: That the officers of the Town as designated in each such Amended
Contract be directed to execute and deliver each Amended Contract.
61
Section 4. This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO THIS _____ DAY OF __________, 2019.
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the day of , 2019
and published in a newspaper of general circulation in the Town of Estes Park,
Colorado, on the ________ day of , 2019, all as required by
the Statutes of the State of Colorado.
Jackie Williamson, Town Clerk
62
UTILITIES DEPARTMENTMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Director Bergsten
Attorney White
Date: March 12, 2019
RE: Platte River Power Authority Organic Contract Approval
Between Estes Park, Fort Collins, Loveland, and Longmont
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of this agreement ensures the long-term supply of safe, reliable,
environmentally responsible and competitively-priced energy and services to our
community.
Present Situation:
The electric industry is capital infrastructure-intensive and requires long term financing.
The organic contract is a long-term commitment supporting the existence of PRPA. This
long-term commitment ensures debt issued by PRPA is a secure investment.
The contract uses the outdated term of “Chairman” and restricts the requirements of an
appointed PRPA Director.
Proposal:
Change “Chairman” to “Chair” and create more flexibility for who is appointed to the
PRPA board.
Advantages:
It is good to stay current with acceptable terminology and increase the flexibility of
appointments to the board of directors.
Disadvantages:
None
63
Action Recommended:
Staff recommends Town Board approval.
Finance/Resource Impact:
None
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the Organic Contract
Attachments:
Organic Contract CLEAN COPY
Organic Contract REDLINE - Link
64
O RGANIC C ONTRACT
65
i
TABLE OF CONTENTS
1.0 EFFECTIVE DATE ............................................................................................................... 2
2.0 ESTABLISHMENT OF PLATTE RIVER POWER AUTHORITY .......................................... 2
2.1 PURPOSES ................................................................................................................ 3
2.2 FUNCTIONS, SERVICES, OR FACILITIES ............................................................... 4
2.3 BOARD OF DIRECTORS ........................................................................................... 5
2.4 OFFICERS ................................................................................................................ 11
2.5 INDEMNIFICATION OF OFFICERS AND DIRECTORS .......................................... 13
2.6 TERM OF CONTRACT ............................................................................................. 14
2.7 ASSETS AND PROPERTIES ................................................................................... 14
2.8 DISTRIBUTION OF ASSETS UPON TERMINATION .............................................. 14
2.9 SEAL ......................................................................................................................... 15
2.10 CONTRACTS ............................................................................................................ 15
2.11 CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS ................................ 15
2.12 DEPOSITS ................................................................................................................ 15
2.13 FISCAL YEAR ........................................................................................................... 15
2.14 PRINCIPAL PLACE OF BUSINESS ......................................................................... 15
3.0 GENERAL POWERS ......................................................................................................... 15
4.0 POLITICAL SUBDIVISION ................................................................................................. 18
5.0 REVENUE BONDS ............................................................................................................ 19
6.0 DEBT NOT THAT OF MUNICIPALITIES ........................................................................... 19
7.0 FILING OF CONTRACT ..................................................................................................... 19
8.0 NOTICES ........................................................................................................................... 19
9.0 SEVERABILITY .................................................................................................................. 20
10.0 DUPLICATE ORIGINALS .................................................................................................. 20
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AMENDED AND RESTATED ORGANIC CONTRACT ESTABLISHING PLATTE RIVER
POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY
THIS CONTRACT, originally made and entered into as of June 17, 1975, and amended
February 14, 1977, and July 27, 1978, and amended and restated the 31st day of March 1980,
and the 1st day of July, 1998, and the 1st day of September, 2010, and as further amended on the
day of , 2019, by the parties to this Contract which are: TOWN OF ESTES
PARK, COLORADO, a municipal corporation of the State of Colorado (“Estes Park”), CITY OF
FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado (“Fort Collins”),
CITY OF LONGMONT, COLORADO, a municipal corporation of the State of Colorado
Longmont”), and CITY OF LOVELAND, COLORADO, a municipal corporation of the State of
Colorado (“Loveland”). When specificity is not required, the municipal corporations which are
parties hereto will hereinafter be individually referred to as “Municipality” and collectively as
Municipalities.”
WITNESSETH:
WHEREAS, Estes Park owns and operates a municipal electric system which supplies
electric power and energy at retail to users located within the town limits of Estes Park and the
adjacent service area of the Estes Park electric system; and
WHEREAS, Fort Collins owns and operates a municipal electric system which supplies
electric power and energy at retail to users located within the city limits of Fort Collins and the
adjacent service area of the Fort Collins electric system; and
WHEREAS, Longmont owns and operates a municipal electric system which supplies
electric power and energy at retail to users located within the city limits of Longmont and the
adjacent service area of the Longmont electric system; and
WHEREAS, Loveland owns and operates a municipal electric system which supplies
electric power and energy at retail to users located within the city limits of Loveland and the
adjacent service area of the Loveland electric system; and
WHEREAS, the Municipalities on June 17, 1975, established, pursuant to the provisions
of C.R.S. § 29-1-204, as then enacted, Platte River Power Authority (the “Authority”), as a
separate governmental entity and successor to a nonprofit corporation, to be the instrume ntality
of the Municipalities and as such successor, to continue to supply their wholesale electric power
and energy requirements; and
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WHEREAS, during 1998 the Municipalities contracted with one another to establish,
pursuant to the provisions of C.R.S. § 29-1-203, the Authority as a separate legal entity and multi-
purpose intergovernmental authority to provide designated functions, services, or facilities
lawfully authorized to any combination of two or more of the Municipalities provided that such
function, service, or facility constitutes an “enterprise” as defined in subsection 2(d) of Article X,
Section 20 of the Colorado Constitution; and
WHEREAS, increased complexity and risk in the electric utility industry have created the
need to enhance utility image and customer loyalty, the Municipalities wish to clarify that the
Organic Contract authorizes the Authority to engage in a broad range of services which are
incidental to or supportive of the Municipalities’ continued ability to provide electric power and
energy services to their customers on a competitive basis; and
WHEREAS, the Municipalities acting through the Authority wish to ensure a source of
electric power and energy that is reliable, cost-effective, and environmentally responsible; and
WHEREAS, providing energy in an environmentally responsible manner requires that the
Authority incorporate environmental factors as an integral component of planning, design,
construction and operational decisions; and
WHEREAS, the Municipalities now wish to further amend the Organic Contract, to extend
its term and to restate the amended provisions thereof in a single updated document.
NOW, THEREFORE, the Municipalities do hereby amend and restate the Organic
Contract, originally executed June 17, 1975, and subsequently amended, so that as hereby
amended and restated it provides, and the Municipalities do agree, as follows:
EFFECTIVE DATE
This Contract, as hereby amended and restated, shall become effective when it
has been duly executed by all of the Municipalities.
ESTABLISHMENT OF PLATTE RIVER POWER AUTHORITY
As of June 17, 1975, the Municipalities established a separate governmental entity,
to be known as Platte River Power Authority, to be used by the Municipalities to
effect the development of electric energy resources and the production and
transmission of electric energy in whole or in part for the benefit of the inhabitants
of the Municipalities. As of July 1, 1998, the Municipalities also established the
Authority as a separate governmental entity and multi-purpose intergovernmental
authority to provide additional designated functions, services, or facilities lawfully
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authorized to any combination of two or more of the Municipalities, provided that
such function, service, or facilities constitutes an “enterprise” as defined in
subsection 2(d) of Article X, Section 20 of the Colorado Constitution.
PURPOSES
The purposes of the Authority are to conduct its business and affairs for the
benefit of the Municipalities and their inhabitants:
i) to provide the electric power and energy requirements of the
Municipalities and the retail customers within the Municipalities in a
reliable, cost-effective, and environmentally responsible manner;
ii) to engage in business activities related to the provision of electric
power and energy services, which may include but are not limited
to investment in energy efficiency, renewable energy, demand side
management, and associated communication systems, that the
Board determines are likely to enhance the competitive position of
the Authority or the Municipalities; and
iii) to provide any additional designated function, service, or facility
lawfully authorized to any combination of two or more of the
Municipalities, provided that these constitute an “enterprise” as
defined in subsection 2(d) of Article X, Section 20 of the Colorado
Constitution.
A particular function, service, or facility shall be treated as designated as a
separate purpose under clause (iii) of the previous sentence only upon
receipt by each Municipality which is designating the function, service, or
facility to also be performed by the Authority of (a) a resolution adopted by
unanimous vote of the Board of Directors of the Authority designating the
function, service, or facility as a purpose to also be jointly exercised by the
designating Municipalities through the Authority and (b) opinions of counsel
to each Municipality which is designating the function, service, or facility to
also be performed by the Authority setting forth the extent to which the
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designated function, service, or facility is lawfully authorized by such
designating Municipality; and (c) an opinion of the Authority’s bond counsel
to the effect that the designated function, service, or facility constitutes an
enterprise” as defined in subsection 2(d) of Article X, Section 20 of the
Colorado Constitution.
FUNCTIONS, SERVICES, OR FACILITIES
The functions, services, or facilities to be provided by the Authority are: The
supplying of the electric power and energy requirements of the
Municipalities and retail customers within the Municipalities; and, the
provision of any additional function, service, or facility, by means of
i) acquiring, constructing, owning, reconstructing, improving,
rehabilitating, repairing, operating and maintaining electric
generating plants, transmission systems and related facilities, or
interests therein, for the purpose of producing, transmitting and
delivering to the Municipalities, electric power and energy to the
extent of their requirements, including renewable energy
requirements;
ii) purchasing electric power and energy from electric utilities and
other producers of energy, as required to supply the Municipalities
and perform its other obligations;
iii) selling at wholesale to the Municipalities all of the electric power
and energy produced or purchased by the Authority which the
Municipalities require;
iv) selling, exchanging and otherwise disposing of, under the most
advantageous terms and conditions obtainable, any surplus power
and energy or transmission capacity which the Authority owns,
produces or purchases;
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v) developing electric energy resources (including renewable sources)
and producing and transmitting electric energy in whole or in part
for the benefit of the inhabitants of the Municipalities;
vi) developing cost-effective, reliable, and environmentally responsible
products and services to improve the efficiency of generation,
transmission and use of electrical energy, which may include but
are not limited to investment in energy efficiency, renewable
energy, demand side management, and associated communication
systems;
vii) acquiring, constructing, owning, purchasing, selling, exchanging or
otherwise disposing of, reconstructing, improving, rehabilitating,
repairing, operating, and maintaining assets, infrastructure, plants,
systems, and related facilities or interests therein;
viii) developing products, services, infrastructure, and resources related
to such function, service, or facility for delivery to appropriate
markets in whole or in part for the benefit of the inhabitants of the
Municipalities; and
ix) on termination of this Contract to vest in the Municipalities all right,
title and interest of the Authority in or to all of its property and assets.
BOARD OF DIRECTORS
The governing body of the Authority shall be a Board of Directors in which
all legislative power of the Authority is vested.
2.3.1 NUMBER
The number of Directors shall be eight (8).
2.3.2 SELECTION
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Each Municipality shall be represented by two (2) members on the
Board of Directors of the Authority, who shall be designated or
appointed as follows:
i) MAYORS
The Mayor of each of the Municipalities is hereby
designated and shall serve as a member of the Board of
Directors of the Authority contemporaneously with service
as Mayor; provided, however, that any Mayor may
designate some other member of the governing board of
such Municipality to serve as a Director of the Authority in
place of the Mayor.
ii) APPOINTED DIRECTORS
The governing body of each of the Municipalities shall
appoint one (1) additional member to the Board of Directors.
Appointed Directors shall be selected for judgment,
experience, and expertise which make that person
particularly qualified to serve on the Board of Directors of
the Authority.
2.3.3 TERM
The term of office of the Directors of the Authority shall be as
follows:
i) MAYORS
The Mayor of each Municipality, or the member of the
Municipality’s governing board designated by the Mayor,
shall serve as a Director of the Authority for the same period
of time that the Mayor serves as Mayor of that Municipality.
ii) APPOINTED DIRECTORS
The term of the Appointed Director for Estes Park shall
expire on December 31, 2011, the term of the Appointed
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Director for Fort Collins shall expire on December 31, 2008,
the term of the Appointed Director for Longmont shall expire
on December 31, 2010, and the term of the Appointed
Director for Loveland shall expire on December 31, 2009.
Each successor shall be appointed for a term of four years
from the date of the expiration of the term for which the
predecessor was appointed.
2.3.4 REMOVAL
Any Director appointed by the governing board of a Municipality
may be removed at any time by such governing board, with or
without cause. A Mayor will be automatically removed as a Director
upon vacating the office of Mayor, and a member of the
Municipality’s governing board designated to serve in place of a
Mayor may be removed at any time by the Mayor, with or without
cause.
2.3.5 VACANCIES
A vacancy occurring in the directorship of an Appointed Director,
whether such vacancy be the result of resignation, death, removal
or disability, shall be filled by the appointment of a successor
Appointed Director by the governing body of the Municipality which
appointed the Director whose office has become vacant. In the case
of a vacancy in the directorship of a Mayor or his designee from any
Municipality, the vacancy shall be filled by the new Mayor or the
Mayor’s designation of some other member of the governing board
of that Municipality.
2.3.6 COMPENSATION
Directors shall not receive compensation for their services, but
Directors may be reimbursed their actual expenses for attendance
at meetings of the Board of Directors and for expenses otherwise
incurred on behalf of the Authority.
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2.3.7 ANNUAL MEETINGS
An annual meeting of the Board of Directors shall be held within the
first 120 days in each year at such place in Fort Collins, Colorado,
as shall be designated in the notice of the meeting, to elect officers,
to pass upon reports for the preceding fiscal year, and to transact
such other business as may come before the meeting. Failure to
hold the annual meeting at a designated time, or failure to hold the
annual meeting in any year, shall not cause a forfeiture or
dissolution or otherwise affect the Authority.
2.3.8 REGULAR MEETINGS
The Board of Directors may provide for the time and place for the
holding of regular meetings by resolution without notice to Directors
other than the resolution adopting the meeting schedule.
2.3.9 SPECIAL MEETINGS
Special meetings of the Board of Directors may be called by the
Chair or any Director and it shall thereupon be the duty of the
Secretary to cause notice of such meeting to be given as hereinafter
provided. Special meetings of the Board of Directors shall be held
at such time and place within the State of Colorado as shall be fixed
by the Chair or the Director calling the meeting.
2.3.10 NOTICE OF MEETINGS
Written notice of the annual or of any special meeting of the Board
of Directors shall be delivered to each Director not less than seven
7), nor more than thirty-five (35), days before the date fixed for
such meeting, either personally or by mail, by or at the direction of
the Secretary, or, upon his/her default, by the person calling the
meeting. If mailed, such notice shall be deemed to be delivered
when deposited in the United States mail addressed to the Director
at his/her address as it appears on the records of the Authority, with
postage prepaid.
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2.3.11 WAIVER OF NOTICE
Whenever any notice is required to be given to any Director of the
Authority under the provisions of the law or this Contract, a waiver
thereof in writing signed by such Director, whether before or after
the time stated therein, shall be equivalent to the giving of such
notice. Attendance of a Director at any meeting of the Board of
Directors shall constitute a waiver by such Director of notice of such
meeting except when such Director attends such meeting for the
express purpose of objecting to the transaction of any business
because the meeting is not lawfully called or convened.
2.3.12 QUORUM
A majority of the number of Directors then in office shall constitute
a quorum for the transaction of business; provided that, if less than
a majority of the Directors then in office is present at a meeting, a
majority of the Directors present may adjourn the meeting; and,
provided further, that the Secretary shall notify any absent Directors
of the time and place of such adjourned meeting. The act of a
majority of the Directors present at a meeting at which a quorum is
present shall be the act of the Board of Directors.
2.3.13 ATTENDANCE BY TELECONFERENCE
Directors may attend and fully participate in any meeting through
electronic teleconferencing.
2.3.14 VOTE IN CASE OF DEADLOCK
In the event the Board of Directors, at a meeting at which a quorum
is present, is deadlocked and unable to obtain a majority vote of the
Directors present concerning a matter being considered for action,
any Director may require a “Weighted Vote.” A “Weighted Vote”
shall then be taken with each Director’s vote being given one half
the proportion which:
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i) the dollar amount of electric power and energy purchased
from the Authority during the twelve-month period ending
with the close of the billing period for the month two months
prior to the month of the deadlocked meeting and paid for
by the Municipality appointing such Director bears to;
ii) the dollar amount of all electric power and energy purchased
from the Authority and paid for by the Municipalities during
said twelve-month period.
The act of a majority of the “Weighted Vote” shall be the act of the
Board of Directors.
2.3.15 DUTIES
The duties of the Board of Directors shall be:
i) To govern the business and affairs of the Authority.
ii) To exercise all powers of the Authority.
iii) To comply with the provisions of parts 1, 5, and 6 of Article
1 of Title 29, C.R.S.
iv) To adopt a fiscal resolution, which complies with statutory
and other restrictions imposed by law on the affairs of the
Authority, to govern the financial transactions of the
Authority, including the receipt, custody, and disbursement
of its funds, securities, and other assets, and to provide for
the services of a firm of independent certified public
accountants to examine, at least annually, the financial
records and accounts of the Authority and to report
thereupon to the Board of Directors.
v) To keep minutes of its proceedings.
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OFFICERS
The officers of the Authority shall be a Chair, Vice Chair, Secretary,
Treasurer, General Manager and such other officers and assistant officers
as may be authorized by the Board of Directors to perform such duties as
may be assigned by the Board of Directors. The Chair and Vice Chair shall
be members of the Board of Directors, but other officers of the Authority
need not be members of the Board of Directors.
2.4.1 ELECTION OF OFFICERS AND TERMS OF OFFICE
At each annual meeting of the Board of Directors, the members of
the Board of Directors shall elect officers who shall serve as such
officers of the Authority until the next annual meeting of the Board
of Directors and until their successors are elected and qualified. If
the election of officers shall not be held at such meeting, such
election shall be held as soon thereafter as may be convenient.
Vacancies or new offices may be filled at any meeting of the Board
of Directors.
2.4.2 REMOVAL
Any officer or agent elected or appointed by the Board of Directors
may be removed by the Board of Directors, with or without cause,
whenever in its judgment the best interests of the Authority will be
served thereby.
2.4.3 DUTIES OF OFFICERS
In addition to duties assigned by the Board of Directors, the duties
of the officers shall include the following:
i) CHAIR
The Chair shall preside at all meetings of the Board of
Directors and, except as otherwise delegated by the Board
of Directors, shall execute all legal instruments of the
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Authority, and shall perform such other duties as the Board
of Directors may prescribe.
ii) VICE CHAIR
The Vice Chair shall, in the absence of the Chair, or in the
event of the Chair’s inability or refusal to act, perform the
duties of the Chair and when so acting shall have all the
powers of and be subject to all the restrictions upon the
Chair. The Vice Chair shall also perform such other duties
as may be prescribed by the Board of Directors.
iii) SECRETARY
The Secretary shall maintain the official records of the
Authority, including all resolutions and regulations approved
by the Board of Directors, the minutes of meetings of the
Board of Directors, and a register of the names and
addresses of Directors and officers, and shall issue notice
of meetings, attest and affix the corporate seal to all
documents of the Authority, and shall perform such other
duties as the Board of Directors may prescribe.
iv) TREASURER
The Treasurer shall serve as financial officer of the Authority
and shall, pursuant to the fiscal resolution adopted by the
Board of Directors governing the financial transactions of
the Authority and the restrictions imposed by law, be
responsible for the receipt, custody, investment, and
disbursement of the Authority’s funds and securities and for
duties incident to the office of Treasurer, and shall perform
other duties as the Board of Directors may prescribe.
v) GENERAL MANAGER
The General Manager shall be the principal executive officer
of the Authority with full responsibility for the planning,
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operations, and administrative affairs of the Authority, and
the coordination thereof, pursuant to policies and programs
approved by the Board of Directors, and shall be the agent
for service of process on the Authority. When and while a
vacancy exists in the office of General Manager, the Board
of Directors shall appoint a qualified interim General
Manager to act as the principal executive officer of the
Authority.
2.4.4 BONDS OF OFFICERS
The Treasurer and any other officer or agent of the Authority
charged with responsibility for the custody of any of its funds or
property shall give bond in such sum and with such surety as the
Board of Directors shall determine. The Board of Directors in its
discretion may also require any other officer, agent, or employee of
the Authority to give bond in such amount and with such surety as
it shall determine. The cost of such bond shall be an expense
payable by the Authority.
INDEMNIFICATION OF OFFICERS AND DIRECTORS
Each Director and officer of the Authority, whether or not then in office, and
his/her personal representatives, shall be indemnified by the Authority
against all costs and expenses actually and necessarily incurred by him/her
in connection with the defense of any action, suit, or proceeding in which
he/she may be involved or to which he/she may be made a party by reason
of his/her being or having been such Director or officer, except in relation
to matters as to which he/she shall be finally adjudged in such action, suit,
or proceeding to be liable for gross negligence or willful and wanton
misconduct in the performance of duty. Such costs and expenses shall
include amounts reasonably paid in settlement for the purpose of curtailing
the costs of litigation, but only if the Authority is advised in writing by its
counsel that in his/her opinion the person indemnified did not commit gross
negligence or willful and wanton misconduct. The foregoing right of
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indemnification shall not be exclusive of other rights to which he/she may
be entitled as a matter of law or by agreement.
TERM OF CONTRACT
This Contract shall continue in force and effect until December 31, 2060,
and until thereafter terminated by any Municipality following not less than
twelve (12) months written notice to the other Municipalities of its intention
to terminate; provided, however, that this Contract may be amended,
modified, or terminated at any time by a written document approved and
executed by each and every Municipality which is a party to this Contract;
and, provided further, however, that this Contract may not in any event be
terminated so long as the Authority has bonds, notes, or other obligations
outstanding, unless provision for full payment of such obligations, by
escrow or otherwise, has been made pursuant to the terms of such
obligations.
ASSETS AND PROPERTIES
All assets and properties of the Authority shall be held in trust for the
purposes herein mentioned, including the payment of the liabilities of the
Authority.
DISTRIBUTION OF ASSETS UPON TERMINATION
In the event of the termination of this Contract and the dissolution of the
Authority, all of its assets shall immediately vest in the Municipalities. The
assets of the Authority conveyed to each Municipality shall be that
proportion which (i) the total dollar amount of electric power and energy
purchased and paid for by such Municipality, from the Authority and its
predecessor during their corporate existence, bears to (ii) the total dollar
amount of all electric power and energy purchased and paid for by all of
the Municipalities, from the Authority and its predecessor during their
corporate existence.
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SEAL
The corporate seal of the Authority shall be in the form of a circle and have
inscribed thereon the name of the Authority and the words “Corporate
Seal,” together with such insignia, if any, as the Board of Directors may
authorize.
CONTRACTS
Except as otherwise provided by law, the Board of Directors may authorize
any officer or officers, agent or agents, to enter into any contract, or execute
and deliver any instrument in the name and on behalf of the Authority.
CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS
All checks, drafts, or other orders for payment of money and all notes,
bonds, or other evidences of indebtedness issued in the name of the
Authority shall be signed by such officer or officers, agent or agents,
employee or employees of the Authority and in such manner as shall be
determined by the fiscal resolution.
DEPOSITS
All funds of the Authority shall be deposited in a manner set forth by the
fiscal resolution.
FISCAL YEAR
The fiscal year of the Authority shall be the calendar year.
PRINCIPAL PLACE OF BUSINESS
The principal place of business of the Authority shall be in Fort Collins,
Colorado.
GENERAL POWERS
The general powers of the Authority shall include the following powers:
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i) ELECTRIC ENERGY
To develop electric energy resources and related services, and produce,
purchase, and transmit electric energy, in whole or in part, for the benefit
of the inhabitants of the Municipalities.
ii) CONTRACTS
To make and enter contracts of every kind with the Municipalities, the
United States, any state or political subdivision thereof, and any individual,
firm, association, partnership, corporation or any other organization of any
kind.
iii) AGENTS AND EMPLOYEES
To employ agents and employees.
iv) FACILITIES
To acquire, construct, manage, maintain, and operate electric energy
facilities, works, and improvements and any interests therein, including,
without limitation, to acquire, construct, reconstruct, improve, and
rehabilitate, repair, operate, and maintain (separately or jointly) generating
plants, transmission systems and related facilities for the purpose of
delivering electrical power and energy generated thereby to the
Municipalities, and any mine, well, pipeline, plant, structure, or other facility
for the development, production, manufacture, storage, fabrication, or
processing of fossil or nuclear fuel of any kind for use, in whole or in major
part, in any of such generating plants, and any railroad cars, trackage,
pipes, equipment, and any structures or facilities of any kind used or useful
in the transporting of fuel to any of such generating plants, and to sell,
deliver, exchange, or otherwise dispose of the power and energy generated
by said plants, and any of the waste or by-products therefrom, and to
purchase, lease, or otherwise acquire and equip, maintain, operate, sell,
assign, convey, lease, mortgage, pledge, and otherwise dispose of
electrical generating plants, transmission systems and related facilities,
together with all lands, buildings, equipment, and all other real or personal
property, tangible or intangible, necessary or incidental thereto.
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v) PROPERTY
To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of
any real or personal property, commodity, and service including, without
limitation, to buy, lease, construct, appropriate, contract for, invest in, and
otherwise acquire, and to own, hold, maintain, equip, operate, manage,
improve, develop, mortgage, and deal in and with, and to sell, lease,
exchange, transfer, convey and otherwise dispose of and to mortgage,
pledge, hypothecate and otherwise encumber real and personal property
of every kind, tangible and intangible.
vi) CONDEMNATION
To condemn property for public use, if such property is not owned by any
public utility and devoted to such public use pursuant to state authority.
vii) DEBT
To incur debts, liabilities, or obligations and to borrow money and, from
time to time, to make, accept, endorse, execute, issue, and deliver bonds,
debentures, promissory notes, bills of exchange, and other obligations of
the Authority for monies borrowed or in payment for property acquired or
for any of the other purposes of the Authority, and to secure the payment
of any such obligations by mortgage, pledge, deed, indenture, agreement,
or other collateral instrument, or by other lien upon, assignment of, or
agreement in regard to, all or any part of the properties, rights, assets,
contracts, easements, revenues, and privileges of the Authority wherever
situated.
viii) LITIGATION
To sue and be sued in its own name.
ix) SEAL
To have and to use a corporate seal.
x) RATES
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To fix, maintain, and revise fees, rates, and charges for functions, services,
or facilities provided by the Authority.
xi) REGULATIONS
To adopt, by resolution, regulations respecting the exercise of its power
and the carrying out of its purposes.
xii) AGENTS
To do and perform any acts and things authorized by this section under,
through, or by means of an agent or by contracts with any person, firm,
corporation or governmental entity.
xiii) JOINT OWNERSHIP
To own, operate, and maintain real and personal property, and facilities in
common with others, as permitted by law, and to conduct joint, partnership,
cooperative, or other operations with others and to exercise all of the
powers granted in this Contract in joint partnership or cooperative effor ts
and operations with others.
xiv) OTHER POWERS
To exercise any other powers which are essential, necessary, incidental,
convenient, or conducive to providing the wholesale electric power and
energy requirements of the Municipalities, as well as to accomplishing the
purposes, functions, services, and facilities set forth in Sections 2.0, 2.1,
and 2.2 of this Organic Contract.
POLITICAL SUBDIVISION
The Authority shall be a political subdivision and a public corporation of the State
of Colorado separate from the Municipalities. It shall have the duties, privileges,
immunities, rights, liabilities, and disabilities of a public body politic and corporate.
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REVENUE BONDS
The Authority is authorized to issue bonds, notes, or other obligations secured by
its electric revenues pursuant to the terms, conditions, and authorization contained
in C.R.S. § 29-1-204(7).
DEBT NOT THAT OF MUNICIPALITIES
The bonds, notes, and other obligations of the Authority shall not be the debts,
liabilities, or obligations of the Municipalities.
FILING OF CONTRACT
A copy of this Contract shall be filed with the Division of Local Government of the
State of Colorado within ten (10) days after its execution by the Municipalities.
NOTICES
Any formal notice, demand, or request provided for in this Contract shall be in
writing and shall be deemed properly served, given, or made if delivered in person
or sent by registered or certified mail, postage prepaid, to the persons specified
below:
Town of Estes Park, Colorado
c/o Town Administrator
P.O. Box 1200
Estes Park, Colorado 80517
City of Fort Collins, Colorado
c/o Utilities Executive Director
P.O. Box 580
Fort Collins, Colorado 80522
City of Longmont, Colorado
c/o Director of Longmont Power & Communications
1100 South Sherman
Longmont, Colorado 80501
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City of Loveland, Colorado
c/o Water and Power Director
200 North Wilson
Loveland, Colorado 80537
SEVERABILITY
In the event that any of the terms, covenants, or conditions of this Contract or their
application shall be held invalid as to any person, corporation, or circumstance by
any court having jurisdiction, the remainder of this Contract and the application
and effect of its terms, covenants, or conditions to such persons, corporation, or
circumstances shall not be affected thereby.
DUPLICATE ORIGINALS
This Contract may be executed in several counterparts, each of which will be an
original but all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the Municipalities have caused this Contract, as amended, to
be executed as of the day of , 2019.
TOWN OF ESTES PARK, COLORADO ATTEST:
By: By:
Mayor Town Clerk
CITY OF FORT COLLINS, COLORADO ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO FORM:
By:
Assistant City Attorney
CITY OF LOVELAND, COLORADO ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO FORM:
By:
Assistant City Attorney
CITY OF LONGMONT, COLORADO ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO FORM AND SUBSTANCE:
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Director of Longmont Power & Communications
APPROVED AS TO FORM:
Assistant City Attorney
PROOFREAD:
88
Estes Park Retail Broadband Estes Park Retail Broadband
A Summary of the Detailed Business PlanA Summary of the Detailed Business Plan
Prepared for Evaluation by the Estes Park Town Government
Mayor
Todd Jirsa
Mayor Pro Tem
Cody Walker
Trustee
Carlie Bangs
Trustee
Marie Cenac
Trustee
Patrick Martchink
Trustee
Ron Norris
Trustee
Ken Zornes
Town Administrator
Frank Lancaster
Specialty Consultants Utilized
A sound strategy is the cornerstone of any successful customer relationship
management initiative. eStrategy3, LLC is a unique and specialized entity
comprised of experienced consultants providing contact center assessment,
strategic consulting, project management and contact center outsourcing
services to enhance the efficiencies and profitability of each interaction you have
with your customers or prospects.
Josh Cramer of Alpine Start is an internet and social entrepreneur living in Estes
Park, Colorado with his family and friends. Josh is founder and CEO of
FullStack & Alpine Start and provides technology and digital product leadership
for organizations as a fractional CTO. Josh built and sold an Internet Service
Provider company based in Coralville, IA. In addition to starting and growing
these companies, Josh has acted as an advisor, mentor, and board member to
numerous entrepreneurs and startups.
Need and Desire for Better Broadband
CCitizens of Estes Park ranked
BETTER BROADBAND as the TOP NEED in 2018
Ahead of street repairs, workforce housing, traffic system improvements,
downtown parking, childcare initiatives, and numerous other services.
~ 2018 National Citizen Survey
Citizens of Estes Park ranked
BETTER BROADBAND as the TOP NEED in 2018
Ahead of street repairs, workforce housing, traffic system improvements,
downtown parking, childcare initiatives, and numerous other services.
~ 2018 National Citizen Survey
Estes Park Broadband Timeline
Estes Park Broadband Timeline
Startup / Construction / Launch
Phase 1
Startup
Phase 2
Scale, Growth, Operations
Target Dates Q1-Q4 2019 Q3/Q4 2019
Funding $3M to $4M
(Seed Funding from the L&P Fund Balance)
$25M
(Series A Bond)
Key Activities ●Establish Broadband Division
●Fund Startup Phase to Establish the Scalable
Business Model
Startup / Construction / Launch
Phase 1
Startup
Phase 2
Scale, Growth, Operations
Target Dates Q1-Q4 2019 Q3/Q4 2019
Funding $3M to $4M
(Seed Funding from the L&P Fund Balance)
$25M
(Series A Bond)
Key Activities ●Establish Broadband Division
●Fund Startup Phase to Establish the Scalable
Business Model
●Activate Operational Components &
Network Technologies
●Hire/Train Town Staff
●Startup Marketing, Communications,
Branding
●Activate Two Neighborhoods (Raven Circle,
Carriage Hills)
●Update Construction Costs & Proforma
●Continued Network Build-Out
●Full-Scale Marketing & Sales
●Potential Bandwidth IGA Established
●Potential Call Center IGA Established
Customer Roll-Out Plan
●2018: 2 Active Gigabit Pilot Customers (5 Star Service Ratings
)
●2019 (Q2/Q3): Startup Phase: Activate Raven Circle & Carriage Hills
●2019 (Q3/Q4): Go to Bond Market - Bond Sale
●2020 - 2024: Continued Neighborhood Activation
●2018: 2 Active Gigabit Pilot Customers (5 Star Service Ratings
)
●2019 (Q2/Q3): Startup Phase: Activate Raven Circle & Carriage Hills
●2019 (Q3/Q4): Go to Bond Market - Bond Sale
●2020 - 2024: Continued Neighborhood Activation
●CCustomer Density
●Constructability
●The Mountains (We can’t build out the same way as the front range. Our rocky
terrain and our service area is larger than Fort Collins, Loveland and Longmont
combined)
●Customer Density
●Constructability
●The Mountains (We can’t build out the same way as the front range. Our rocky
terrain and our service area is larger than Fort Collins, Loveland and Longmont
combined)
Roll Out Construction Strategy, Maximize the ROI
Service Delivery Models
●Many models considered
●Public Private Partnership Models Explored
●Potential Purchase of Incumbent Infrastructure
RRetail Model is most advantageous for Estes Park
●Operated as a division of Estes Park Light & Power
(to become Estes Park Light, Power, and Communications)
●Governance modeled after City of Longmont and other municipalities
●Many models considered
●Public Private Partnership Models Explored
●Potential Purchase of Incumbent Infrastructure
Retail Model is most advantageous for Estes Park
●Operated as a division of Estes Park Light & Power
(to become Estes Park Light, Power, and Communications)
●Governance modeled after City of Longmont and other municipalities
Fiber Optics is Future Proof Technology
●Fiber is a Future Proof Telecommunications Medium
●Initial service speeds: 1 to 10 Gbps upload / download (upgradeable to 100Gbps+)
●Fiber is a Future Proof Telecommunications Medium
●Initial service speeds: 1 to 10 Gbps upload / download (upgradeable to 100Gbps+)
Fiber Copper Wireless/5G
Bandwidth 10Gbps+Up to 1Gbps Up to 1Gbps
Distance
(from Node)
40km @ 10Gbps 100m @ 1000 Mbps 5km Line-of-Sight
Much less w/ obstructions
Interference Immune EMI/RFI interference, crosstalk,
voltage surges
EMI/RFI interference,
obstructions, trees, terrain
Security Almost impossible to tap Susceptible to tapping Susceptible to encryption
cracking
Handling Lightweight, thin diameter,
strong pulling strength
Heavy, thicker diameter, weak
pulling strength
Extensive outdoor electronics,
high maintenance, 5G requires
fiber to neighborhoods
Collaboration w/ Other CommunitiesCollaboration w/ Other Communities
●In talks to collaborate with
Longmont, Loveland, Fort Collins
○Potential Transport + Bandwidth IGA
○Potential Contact Center & Support IGA
●Continuing to work with them
○Potential Cost Sharing on Core
Operational Components
○Increased Reliability
○Enhanced Customer Service & Support
●In talks to collaborate with
Longmont, Loveland, Fort Collins
○Potential Transport + Bandwidth IGA
○Potential Contact Center & Support IGA
●Continuing to work with them
○Potential Cost Sharing on Core
Operational Components
○Increased Reliability
○Enhanced Customer Service & Support
Estes ParkEstes Park
Branding, Marketing, & Sales
●Select a marketing partner based on recommendations and relevant experience in close proximity to
Estes Park
●Develop branding package including logo, brand voice, internal/external messaging, and extended
marketing plan
●Select a marketing partner based on recommendations and relevant experience in close proximity to
Estes Park
●Develop branding package including logo, brand voice, internal/external messaging, and extended
marketing plan
IInitial Communication Plan
Create Interest & Awareness
(without an immediate call to action)
●Immediate press release
●Update to Town of Estes Park | Broadband Initiative
webpage and social media outlets
●Web link for prospective customers to sign up for alerts
& updates/pre-subscription
●HOA presentation for Raven Circle Q2 and Carriage
Hills meeting Q4.
●Utility statement insert
●Talking points, messaging and FAQs provided to Town
staff/trustees
Ongoing Marketing and Sales Strategy
Maintain Interest & Begin Sales
(as buildout continues)
●Creation of an independent broadband website
●Periodic statement insert(s)
●Web and social media updates
●Ongoing local press & media coverage
●Community events / presentations to community
organizations
●Commercial sales presentations
●Launch promotions for next build out
●Dedicated resources for sales & support
Sales / Customer Service / Technical Support
SStartup Phase
(low volume)
●Multi-tier dedicated support model for all inbound
sales, install & billing calls during business hours
○Tier 1: Customer Service Representatives
○Tier 2: Network Operation Center & Technical
Support Representative
○Tier 3: Network Engineers
●After-Hours On-Call Technical Support to handle
technical support/escalations outside of regular
business hours
●Utilize Contact Center as a Service platform to for
multi-channel contact handling
2020 & Beyond
(higher volume)
●Expanded existing support model for higher
volumes based on key learnings from startup and
ongoing buildout with consideration of the
following:
○Network Operation Center & Technical Support
Representative staffing
○Collaborative IGA contact center
○Hiring additional resources internally
●Expand stand-alone broadband website for greater
self-service support
Network Design
●Detailed Network Design Delivered in 2017 by Uptown Services, LLC
●Light & Power Staff has Installed, Tested, Validated and Enhanced the Design
●Fiber Manager / GIS / ArcMap Integration / Trained Staff
●Detailed Network Design Delivered in 2017 by Uptown Services, LLC
●Light & Power Staff has Installed, Tested, Validated and Enhanced the Design
●Fiber Manager / GIS / ArcMap Integration / Trained Staff
Next Steps
11.Resolution Approval
Expand Scope of Estes Park Light & Power to include “Communications”
(March 12th)
2.Approve Seed Funding
Approval of Seed Funding from L&P Fund Balance (March 26th)
3.Issue Bonds
Q3/Q4
1.Resolution Approval
Expand Scope of Estes Park Light & Power to include “Communications”
(March 12th)
2.Approve Seed Funding
Approval of Seed Funding from L&P Fund Balance (March 26th)
3.Issue Bonds
Q3/Q4
QUESTIONS ?QUESTIONS ?
Billing & Accounting
During the Pilot Phase the standalone CRM & Billing software will be implemented.
Workflow and reporting will be established to meet all Governmental Accounting
Rules and Regulations.
●Integrated CRM, Billing, Service Management Software
●Automated Invoices & Payments
●Potential Lockbox Service
Financial Modeling,
Detailed financial modeling completed by
Uptown shows acceptable payback schedule.
Early R&D efforts by town indicate strong
potential for improving upon Uptown’s models.
The model will be revised using construction
costs during the startup seed funded phase.
Staffing Requirements
22019 Staffing Requirements
●Startup Broadband Manager / Network
Engineer
●Network Administrator / TSR
●Operations Manager / Commercial Sales
●Marketing Consultant
Existing Staff (Role Expansion)
●Field Services Manager (L&P)
●Customer Service Representative (L&P)
●Service Technician (L&P)
●Maintenance Technician (L&P)
2020+ Staffing Requirements
●Network Engineer
●Service Technician
Potential IGA / Staff Sharing
●Call Center / TSR / NOC IGA
●Transport / Bandwidth / Engineering IGA
1
UTILITIES DEPARTMENTMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Director Bergsten
Attorney White
Date: March 12, 2019
RE: Power Supply Agreement with Platte River Power Authority
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of this agreement ensures the long-term supply of safe, reliable,
environmentally responsible and competitively-priced energy and services to our
community.
Present Situation:
The electric industry is capital infrastructure-intensive and requires long term financing.
The power supply agreement is a long-term commitment to sole source our supply of
electrical service from PRPA. This long-term commitment ensures debt issued by PRPA
is a secure investment.
The all requirements language creates a barrier for the addition of third-party owned
solar panels onto properties within our community.
Proposal:
The term of this agreement is extended from 2050 to 2060 to ensure long term financial
security of PRPA.
This revised agreement enables our customers the option to add solar power facilities
owned by a third party. This added flexibility is intended to help increase renewable
energy resources and lower the overall carbon footprint from our community.
Other modifications to the agreement follow industry standard practices and increased
flexibility to make changes sooner than the historical ten-year cycle.
Advantages:
Increased duration of financial security
89
Increase potential for adding renewable energy
Better alignment with standard industry practices
More flexibility to react to the faster pace of change in the industry.
Disadvantages:
None
Action Recommended:
Staff recommends Town Board approval.
Finance/Resource Impact:
None
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the Power Supply Agreement
Attachments:
Power Supply Agreement CLEAN
Power Supply Agreement REDLINE - Link
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AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY
This contract, made this day of , 2019, between PLATTE RIVER POWER
AUTHORITY, a political subdivision organized and existing under and by virtue of the laws of the
State of Colorado (hereinafter called “Platte River”) and the TOWN OF ESTES PARK,
COLORADO, a municipal corporation of the State of Colorado (hereinafter called “Estes Park.”)
WITNESSETH:
WHEREAS, Platte River was formed by Estes Park, Fort Collins, Longmont, and Loveland
hereinafter collectively called “Municipalities”) in order to provide the wholesale power and
energy requirements of the Municipalities in a reliable, cost-effective, and environmentally
responsible manner; and
WHEREAS, Platte River, owns, operates, and maintains electric generating facilities,
transmission lines, substations, and related facilities for the purpose of supplying electric power
and energy to the electric systems owned and operated by the Municipalities for resale; and
WHEREAS, Platte River has heretofore entered into or will enter into agreements for the
sale of electric power and energy similar in form to this Agreement with the cities of Fort Collins,
Longmont, and Loveland; and
WHEREAS, Estes Park desires to purchase electric power and energy from Platte River
on the terms and conditions herein set forth;
WHEREAS, through this Agreement the parties acknowledge that the electric industry is
evolving from an industry dominated by central station power to one that will likely employ
increasing amounts of distributed generation resources; and
WHEREAS, the Platte River Board of Directors approved a Resource Diversification
Policy with the goal of becoming 100% non-carbon by 2030 and in doing so the Board recognized
that distributed generation will be needed to achieve this goal; and
WHEREAS, intermittent resources must be managed to ensure continued system
reliability; and
WHEREAS, Platte River will equitably manage the impact of adding and firming
intermittent resources amongst the four communities to ensure continued financial sustainability;
and
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WHEREAS, the parties recognize that the exceptions cr eated to the all-requirements
provision set forth in Article 1(a) are not intended to be the only means by which the parties either
singularly or in coordination work toward meeting the goal of the Resource Diversification Policy;
and
WHEREAS, the parties intend through the expanded covenant contained in Article 3(c) to
meet routinely to review new technologies and business models that may merit recognition
through specific amendments to this Agreement; and
WHEREAS, in order to meet the goal of the Resource Diversification Policy the parties
are committed to use this incremental amendment process to explore expanding opportunities for
distributed generation resources that likely become an increasingly important component of our
future resource mix and to amend this agreement when appropriate to accommodate
technologies and business models that are not contemplated today; and
WHEREAS, in order to accomplish amendments identified as suitable exceptions to the
all-requirements provisions set forth in Article 1(a) Platte River recognizes that it may be
necessary in future financings to modify bond covenant restrictions.
NOW, THEREFORE, in consideration of the mutual undertakings herein contained, the
Parties hereto agree as follows:
Article 1: Sale and Purchase of Electric Power and Energy
a) Platte River shall sell and deliver to Estes Park and Estes Park shall purchase and
receive from Platte River all electric power and energy which Estes Park shall require for the
operation of its municipal electric system to the extent that Platte River shall have such power
and energy available; provided, however, that (1) Estes Park shall have the right to continue to
generate its own power and energy to the extent of the capacity of its generating facilities in
service on September 5, 1974 and may also generate power and energy for its own use from any
new generation resource(s) owned and operated by Estes Park provided that the total rated
capacity of all such new generation is no greater than 1,000 kW or one percent of the peak load
of Estes Park, whichever is greater, provided further that if Estes Park develops new generation
resources of a total rated capacity as set forth above Platte River commits that it will meet with
Estes Park to discuss in good faith an increase in the total rated capacity limit, and (2) Estes Park
shall not be in violation of the all requirements purchase obligation herein when it purchases
power from net metered customers, provided that customers who have entered into agreements
with entities that own and operate solar generation located on the customer’s property size the
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Estes Park Power Supply Agreement Amended and Restated 00/00/2019
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solar generation to supply no more than one hundred and twenty percent (120%) of the annual
average consumption of electricity by the customer at that site.
b) Subject to the provisions of Article 2(a), Estes Park hereby binds itself to take and
pay for all power and energy that is generated, purchased, or otherwise obtained by Platte River,
and is furnished to Estes Park for resale pursuant to Article 1(a) hereof, said payment to be made
at the rates set forth in the Tariff Schedules of Platte River in effect at the time the power and
energy is furnished to Estes Park.
Article 2: Rate for Power and Energy
a) Estes Park shall pay Platte River for all electric power and energy furnished
hereunder at the rates and on the terms and conditions as provided in the Platte River Tariff
Schedules; provided, however, that notwithstanding any other provision of this Agreement, the
obligation of Estes Park to pay Platte River for all electric power and energy furnished hereunder
shall be, and is, a special obligation of Estes Park payable solely from revenues to be received
by Estes Park from the sale of electric power and energy to its electric utility customers during the
term hereof and is not a lien, charge, or liability against Estes Park or against any property or
funds of Estes Park other than revenues to be received by Estes Park from the sale of electric
power and energy to its electric utility customers during the term hereof, and the obligation to pay
Platte River for all electric power and energy furnished hereunder does not constitute a debt,
liability, or obligation of Estes Park other than from its revenues to be received from the sale of
electric power and energy to its electric utility customers during the term hereof, and Estes Park
is not otherwise obligated to pay such obligation.
b) The Board of Directors of Platte River at such intervals as it shall deem appropriate,
but in any event not less frequently than once in each calendar year, shall review the rates for
electric power and energy furnished hereunder and under similar agreements with the other
Municipalities and, if necessary, shall revise such rates to produce revenues which shall be
sufficient, but only sufficient, with the revenues of Platte River from all other sources,
i) to meet the cost of operation and maintenance (including, without limitation,
fuel, replacements, insurance, taxes, fees, and administrative and general
overhead expense) of the electric generating plants, transmission system,
and related facilities of Platte River;
ii) to meet the cost of any power and energy purchased for resale hereunder by
Platte River and the cost of transmission service;
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iii) to make payments of principal and interest on all indebtedness and revenue
bonds of Platte River and provide an earnings margin adequate to enable
Platte River to obtain revenue bond financing on favorable terms; and
iv) to provide for the establishment and maintenance of reasonable reserves.
c) Platte River shall cause a notice in writing to be given to each Municipality to which
it furnishes electric power and energy, which notice shall set out each revision of the rates with
the effective date thereof, which shall be not less than thirty (30) days after the date of the notice.
All rate adjustments shall apply equally to all Municipalities to which Platte River furnishes electric
power and energy, unless otherwise agreed upon, and shall not be discriminatory. Estes Park
agrees that the rates from time to time established by the Board of Directors of Platte River shall
be deemed to be substituted for the rates presently contained in the Tariff Schedules and agrees
to pay for electric power and energy furnished to it hereunder after the effective date of any
revisions to the Tariff Schedules at such revised rates.
Article 3: Covenants of Platte River
a) Platte River shall use reasonable diligence to furnish a constant and uninterrupted
supply of electric power and energy hereunder. If the supply of electric power and energy shall
fail, or be interrupted, or become defective through uncontrollable forces, as defined herein, Platte
River shall not be liable for any claim or damages caused thereby.
b) After first satisfying the electric power and energy requirements of all Municipalities
to which it furnishes electric power and energy, Platte River may, in its sole discretion, market
and dispose of any surplus electric power and energy which it owns or produces or which Platte
River is obligated by contract to purchase, under the most advantageous terms and conditions
obtainable.
c) Platte River shall carry out the planning, design, construction, and operating
decisions associated with the performance of its obligations under this Agreement in an
environmentally responsible manner. This includes, but is not limited to, scheduling meetings with
Estes Park at least every two years to review new technologies and business models that may
serve to increase the penetration of distributed generation and efficiency technologies. As
appropriate the parties will amend this Agreement to allow such new technologies and business
models to operate within the retail service territory of Estes Park.
Article 4: Covenants of Estes Park
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a) Estes Park agrees to maintain rates for electric power and energy furnished to its
electric utility customers which will, after payment of all of Estes Park's costs of operation and
maintenance (including, without limitation, replacements, insurance, administrative and general
overhead expense), return to Estes Park sufficient revenue to meet its obligations to Platte River
hereunder.
b) Estes Park shall not sell at wholesale any of the electric energy delivered to it
hereunder to any of its customers for resale by that customer, unless such resale is specifically
approved in writing by Platte River.
c) Estes Park acknowledges that it is familiar with the provision of Platte River's
contract with the Western Area Power Administration, which requires, as a condition of the
purchase of federally generated power, that the Municipalities comply with certain provisions of
the “General Power Contract Provisions,” which is attached hereto as Attachment A. Estes Park
acknowledges its compliance obligations under the General Power Contract Provisions, as that
document presently exists and as it may be modified in the future.
Article 5: Conditions of Delivery of Power and Energy
a) The electric power and energy to be furnished by Platte River shall be alternating
current, sixty (60) hertz, three-phase, subject to conditions of delivery and measurement as
hereinafter provided and in the Tariff Schedules.
b) Responsibilities for the facilities through which electric power and energy is delivered
are set forth in Attachment B of this Agreement, attached hereto and made a part he reof.
c) Estes Park shall make and pay for all final connections between its system and the
system owned by, or available to, Platte River at the points of delivery agreed upon.
d) Unless otherwise agreed, Estes Park shall install, own, and maintain the necessar y
substation equipment at the points of delivery from the system of, or available to, Platte River and
shall install, own, and maintain switching and protective equipment of adequate design and
sufficient capacity beyond such points of delivery to enable Estes Park to take and use the electric
power and energy supplied hereunder without hazard to such system.
e) To provide adequate service to Estes Park, Platte River agrees to increase the
capacity of an existing transmission point of delivery, or to establish a new transmission point of
delivery at a mutually agreeable location, of a design capacity of not less than 20,000 kVa
maximum nameplate rating at 55° C. rise, and in accordance with this Agreement.
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f) Estes Park shall give Platte River at least two years written notice of the need to
increase the capacity of an existing transmission point of delivery or the need for a new
transmission point of delivery. If new transmission is required, Estes Park shall give at least four
years written notice. The notice shall specify the amount of additional or new capacity, the new
transmission required, and the desired initial date of its operation. Platte River shall, within sixty
60) days after receipt of such notice, and on the basis of the best information available to Platte
River from system plans and load projections for Estes Park, inform Estes Park in writing of Platte
River's plans and schedules with respect to the supply of the additional capacity requested by
Estes Park, and shall thereafter keep Estes Park informed of Platte River's progress in supplying
such additional capacity. Any written notice requesting additional capacity at an existing point of
delivery or the establishment of a new point of delivery shall provide to Platte River any and all
authority necessary for its facilities to occupy the property of Estes Park during the period in which
that point of delivery is used by Platte River for the delivery of power and energy.
g) If Estes Park requires the construction of a 115 kV or 230 kV transmission line for
additional service where such line is a tap or radial line over which energy can flow in only one
direction, as distinguished from a system line over which energy can flow in either direction, then
ownership, operation and maintenance of such 115 kV or 230 kV transmission line will be
undertaken by Platte River pursuant to a separate agreement with Estes Park which provides for
an appropriate sharing of the annual costs of ownership and operations of such line for as long
as such energy flow and delivery conditions prevail.
Article 6: Consultation on System Planning
a) At least once each year, on or before July 1, Platte River shall consult Estes Park
concerning its requirements for transmission facilities to effect delivery of power and energy by
Platte River. The date for such annual consultation shall be set by agreement of the Parties.
b) At least thirty (30) days prior to the date of such annual consultation, Estes Park shall
provide Platte River with two (2) copies of its latest estimate of requirements for delivery of power
and energy covering a future period of ten (10) years. Platte River shall review Estes Park's
annual estimates and shall consider them in preparing Platte River's annual system plan.
Following Platte River's annual consultations on delivery requirements with all Municipalities,
Platte River shall prepare an annual system plan for the delivery of power and energy to all
Municipalities covering a future period of ten (10) years. Decisions regarding the construction of
any transmission and delivery facilities by Platte River primarily to supply Estes Park, will take
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into account Estes Park's long-range distribution requirements and costs and the long-range costs
and benefits of alternative service plans. Platte River's annual system plan shall include
appropriate load flow and stability studies and a copy thereof shall be furnished to Estes Park if
requested.
Article 7: Measurement of Power and Energy
a) Metering equipment shall be furnished, installed, and maintained by Platte River at
each point of delivery to Estes Park at the high voltage side of the transforming equipment or at
such other points as agreed upon by the Parties.
b) Loss adjustments for high voltage side or remote metering shall be as specified in
the Tariff Schedule or as otherwise agreed by the Parties.
Article 8: Meter Readings and Payment of Bills
a) Platte River shall read meters and invoice Estes Park for power and energy furnished
hereunder at approximately monthly intervals. Such invoices shall be due and payable to Platte
River within fifteen (15) days from date of issuance and shall become delinquent thereafter.
b) If Estes Park's monthly bill becomes delinquent, late charges at the rate of a one and
one-half percent (1½ %) per month of the unpaid balance shall be added, and if such bill is
delinquent for a period of fifteen (15) days or longer, Platte River may discontinue delivery of
electric power and energy not less than fifteen (15) days following written notice to Estes Park.
Article 9: Meter Testing and Billing Adjustment
a) Platte River shall test and calibrate meters by comparison with accurate standards
at intervals of twelve (12) months, and shall also make special meter tests at any time at Estes
Park's request. The cost of all tests shall be borne by Platte River; provided, however, that if any
special meter test made at Estes Park's request shall disclose that the meters are recording
accurately, Estes Park shall reimburse Platte River for the cost of such test. Meters registering
within two percent (2%) above or below normal shall be deemed to be accurate.
b) The readings of any meter which are disclosed by test to be inaccurate shall be
corrected from the beginning of the monthly billing period immediately preceding the billing period
during which the test was made; provided, that no correction shall be made for a longer period
than such inaccuracy is determined by Platte River to have existed. If a meter fails to register, the
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electric power and energy delivered during such period of failure shall, for billing purposes, be
estimated by Platte River from the best information available.
c) Platte River shall notify Estes Park in advance of any meter reading or test so that
Estes Park's representative may be present at such meter reading or test.
Article 10: Right of Occupancy and Access
Both Parties shall have a revocable license to occupy the property of the other Party
necessary to deliver and receive power and energy under this Agreement as described in
Attachment B. Duly authorized representatives of either Party shall be permitted to enter the
premises of the other Party at all reasonable times in order to carry out the provisions of this
Agreement and those described in Attachment B.
Article 11: Uncontrollable Forces
Neither Party to this Agreement shall be considered to be in default in performance of any
of its obligations, except the agreement to make payment, when a failure of performance shall be
due to an uncontrollable force. The term “uncontrollable force” means any cause beyond the
control of the Party affected, including but not restricted to, failure of or threat of failure of facilities,
flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience,
labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and
action or inaction by, or failure to obtain the necessary authorization or approvals from, any
governmental agency or authority, which by the exercise of due diligence such Party could not
reasonably have been expected to avoid and which by exercise of due diligence it shall be unable
to overcome. Nothing contained herein shall require a Party to settle any strike or labor dispute
in which it may be involved. Either Party rendered unable to fulfill any of its obligations under this
Agreement by reason of an uncontrollable force shall give prompt written notice of such fact, if
reasonable to do so, to the other Party and shall exercise due diligence to remove such inability
with all reasonable dispatch.
Article 12: Enforceability
The Parties hereto recognize that there are legal constraints imposed upon them by the
constitution, statutes, and rules and regulations of the State of Colorado and of the United States,
and imposed upon them by their respective governing statutes, charters, ordinances, rules and
regulations, and that, subject to such constraints, the Parties intend to carry out the terms and
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conditions of this Agreement. Notwithstanding any other provision of this Agreement to the
contrary, in no event shall either of the Parties exercise any power or take any action which shall
be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner so as to be effective and valid under applicable law.
Article 13: Term of Agreement
a)This Agreement shall become effective when executed by both Parties, and shall
amend and supersede the existing Contract for the Supply of Electric Power and Energy between
Platte River and Estes Park, dated September 1, 2010. This Agreement shall remain in effect
until December 31, 2060, and thereafter until terminated by either Party following not less than
twelve (12) months written notice to the other Party of its intention to terminate.
Article 14: Notices
Any formal notice provided for in this Agreement, and the payment of monies due, shall
be deemed properly served, given or made, if delivered in person or sent by regular mail to the
persons specified below:
For Platte River:
General Manager
Platte River Power Authority
2000 East Horsetooth Road
Fort Collins, Colorado 80525
For Estes Park:
Town of Estes Park, Colorado
Town Administrator
P. O. Box 1200
Estes Park, Colorado 80517
A copy of any such notice will also be provided to the Estes Park Utilities Director.
Article 15: Severability
In the event that any of the terms, covenants, or conditions of this Agreement or their
application shall be held invalid as to any person or circumstance by any Court having jurisdiction,
the remainder of this Agreement and the application of its terms, covenants, or conditions to such
persons or circumstances shall not be affected thereby.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day
and year first above written.
PLATTE RIVER POWER AUTHORITY
By:
General Manager
ATTEST:
By:
Assistant Secretary
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
By:
Town Clerk
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ATTACHMENT A
Effective September 1, 2007
WESTERN AREA POWER ADMINISTRATION
GENERAL POWER CONTRACT PROVISIONS
Page
I. APPLICABILITY. 1
1. Applicability. ...................................................................................................................................................................................... 1
II. DELIVERY OF SERVICE PROVISIONS. 1
2. Character of Service. ......................................................................................................................................................................... 1
3. Use of Capacity or Energy in Excess of Contract Obligation. .................................................................................................... 1
4. Continuity of Service. ....................................................................................................................................................................... 1
5. Multiple Points of Delivery. ............................................................................................................................................................ 2
6. Metering. ............................................................................................................................................................................................. 2
7. Existence of Transmission Service Contract. ................................................................................................................................ 3
8. Conditions of Transmission Service. .............................................................................................................................................. 3
9. Multiple Points of Delivery Involving Direct and Indirect Deliveries. .................................................................................... 3
10. Construction, Operation, and Maintenance of Contractor's Power System. ........................................................................... 3
III. RATES, BILLING, AND PAYMENT PROVISIONS. 4
11. Change of Rates. ................................................................................................................................................................................ 4
12. Minimum Seasonal or Annual Capacity Charge. ........................................................................................................................ 4
13. Billing and Payment. ......................................................................................................................................................................... 4
14. Nonpayment of Bills in Full When Due. ....................................................................................................................................... 5
15. Adjustments for Fractional Billing Period. ................................................................................................................................... 5
16. Adjustments for Curtailments to Firm Service. ............................................................................................................................ 5
IV. POWER SALES PROVISIONS. 6
17. Resale of Firm Electric Service (Wholesale Sales for Resale). .................................................................................................... 6
18. Distribution Principles. .................................................................................................................................................................... 6
19. Contract Subject to Colorado River Compact. .............................................................................................................................. 6
V. FACILITIES PROVISIONS. 7
20. Design Approval. .............................................................................................................................................................................. 7
21. Inspection and Acceptance. ............................................................................................................................................................. 7
22. As-Built Drawings. ............................................................................................................................................................................ 7
23. Equipment Ownership Markers. .................................................................................................................................................... 7
24. Third-Party Use of Facilities. ........................................................................................................................................................... 8
25. Changes to Western Control Facilities. .......................................................................................................................................... 8
26. Modification of Western Facilities. ................................................................................................................................................. 8
27. Transmission Rights. ........................................................................................................................................................................ 8
28. Construction and Safety Procedures. ............................................................................................................................................. 8
29. Environmental Compliance. ............................................................................................................................................................ 9
30. Responsibility for Regulated Materials. ........................................................................................................................................ 9
VI. OTHER PROVISIONS. 10
31. Authorized Representatives of the Parties. ................................................................................................................................. 10
32. Effect of Section Headings. ............................................................................................................................................................ 10
33. Operating Guidelines and Procedures. ....................................................................................................................................... 10
34. Uncontrollable Forces. .................................................................................................................................................................... 10
35. Liability. ............................................................................................................................................................................................ 10
36. Cooperation of Contracting Parties. ............................................................................................................................................. 11
37. Transfer of Interest in the Contract or Change in Preference Status. ..................................................................................... 11
38. Choice of Law and Forum. ............................................................................................................................................................ 12
39. Waivers. ............................................................................................................................................................................................ 12
40. Notices. .............................................................................................................................................................................................. 12
41. Contingent Upon Appropriations and Authorization. ............................................................................................................. 12
42. Covenant Against Contingent Fees. ............................................................................................................................................. 13
43. Contract Work Hours and Safety Standards. ............................................................................................................................. 13
44. Equal Opportunity Employment Practices. ................................................................................................................................ 13
45. Use of Convict Labor. ..................................................................................................................................................................... 13
Legal Citation Revised September 1, 2007
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1
WESTERN AREA POWER ADMINISTRATION
GENERAL POWER CONTRACT PROVISIONS
I. APPLICABILITY.
1. Applicability.
1.1 These General Power Contract Provisions (Provisions) shall be a part of the contract to
which they are attached. In the event these Provisions differ from requirements of the contract, specific terms set
forth in the contract shall prevail.
1.2 If the Contractor has member utilities which are either directly or indirectly receiving
benefits from the contract, then the Contractor shall require such members to comply with Provisions 10, 17, 18,
19, 29, 30, 36, 43, 44, and 45 of these General Power Contract Provisions.
II. DELIVERY OF SERVICE PROVISIONS.
2. Character of Service.
Electric energy supplied or transmitted under the contract will be three-phase, alternating current,
at a nominal frequency of sixty (60) hertz (cycles per second).
3. Use of Capacity or Energy in Excess of Contract Obligation.
The Contractor is not entitled to use Federal power, energy, or capacity in amounts greater than the
Western contract delivery obligation in effect for each type of service provided for in the contract except with the
approval of Western. Unauthorized overruns of contract delivery obligations shall be subject to charges specified
in the contract or the applicable rate schedules. Overruns shall not establish any continuing right thereto and the
Contractor shall cease any overruns when requested by Western, or in the case of authorized overruns, when the
approval expires, whichever occurs first. Nothing in the contract shall obligate Western to increase any delivery
obligation. If additional power, energy, or capacity is not available from Western, the responsibility for securing
additional power, energy, or capacity shall rest wholly with the Contractor.
4. Continuity of Service.
Electric service will be supplied or transmitted continuously except for: (1) fluctuations,
interruptions, or reductions due to uncontrollable forces, as defined in Provision 34 (Uncontrollable Forces)
herein, (2) fluctuations, interruptions, or reductions due to operation of devices installed for power system
protection; and (3) temporary fluctuations, interruptions, or reductions, which, in the opinion of the party
supplying the service, are necessary or desirable for the purposes of maintenance, repairs, replacements,
installation of equipment, or investigation and inspection. The party supplying service, except in case of
emergency, will give the party to whom service is being provided reasonable advance notice of such temporary
interruptions or reductions and will remove the cause thereof with diligence.
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5. Multiple Points of Delivery.
When electric service is supplied at or transmitted to two or more points of delivery under the same
rate schedule, said rate schedule shall apply separately to the service supplied at or transmitted to each point of
delivery; Provided, That where the meter readings are considered separately, and during abnormal conditions,
the Contractor's system is interconnected between points of delivery such that duplication of metered power is
possible, the meter readings at each affected point of delivery will be adjusted to compensate for duplication of
power demand recorded by meters at alternate points of delivery due to abnormal conditions which are beyond
the Contractor's control or temporary conditions caused by scheduled outages.
6. Metering.
6.1 The total electric power and energy supplied or transmitted under the contract will be
measured by metering equipment to be furnished and maintained by Western, a designated representative of
Western, or where situations deem it appropriate as determined by Western, by the Contractor or its agent(s). In
the event metering equipment is furnished and maintained by the Contractor or its agent(s) and the equipment is
used for billing and other accounting purposes by Western, the Contractor shall ensure that the metering
equipment complies with applicable metering policies established by Western.
6.2 Meters shall be secured by appropriate security measures and meters shall not be accessed
except when the meters are to be inspected, tested, adjusted, or repaired. Representatives of affected parties shall
be afforded reasonable opportunity to be present upon such occasions. Metering equipment shall be inspected
and tested each year by the party responsible for meter maintenance, unless a different test interval is determined
in accordance with good utility practices by an applicable regional metering policy, or as agreed upon by the
parties. Meters shall also be tested at any reasonable time upon request by a party hereto, or by an affected
supplemental power supplier, transmission agent, or control area operator. Any metering equipment found to be
damaged, defective, or inaccurate shall be repaired and readjusted or replaced by the party responsible for meter
maintenance as soon as practicable. Meters found with security breaches shall be tested for tampering and, if
appropriate, meter readings shall be adjusted by Western pursuant to Provision 6.3 below.
6.3 Except as otherwise provided in Provision 6.4 hereof, should any meter that is used by
Western for billing or other accounting purposes fail to register accurately, the electric power and energy supplied
or transmitted during the period of failure to register accurately, shall, for billing purposes, be estimated by
Western from the best available information.
6.4 If inspections and tests of a meter used by Western for billing or other accounting purposes
disclose an error exceeding 2 percent, or a lesser range in error as agreed upon by the parties, then a correction
based upon the inaccuracy found shall be made to the service records for the period of inaccuracy as determined
by Western. If the period of inaccuracy cannot be determined, the inaccuracy shall be assumed to have existed
during the entire monthly billing period immediately preceding the billing period in which the inspection or test
was made and the resulting correction shall be made accordingly.
6.5 Any correction in billing or other accounting information that results from a correction in
meter records shall be made in a subsequent monthly bill rendered by Western to the Contractor. Payment of
such bill shall constitute full adjustment of any claim between the parties arising out of inaccurate metering
equipment.
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7. Existence of Transmission Service Contract.
If the contract provides for Western to furnish services using the facilities of a third party, the
obligation of Western shall be subject to and contingent upon the existence of a transmission service contract
granting Western rights to use such facilities. If Western acquires or constructs facilities which would enable it to
furnish direct service to the Contractor, Western, at its option, may furnish service over its own facilities.
8. Conditions of Transmission Service.
8.1 When the electric service under the contract is furnished by Western over the facilities of
others by virtue of a transmission service arrangement, the power and energy will be furnished at the voltage
available and under the conditions which exist from time to time on the transmission system over which the
service is supplied.
8.2 Unless otherwise provided in the contract or applicable rate schedule, the Contractor shall
maintain a power factor at each point of delivery from Western’s transmission agent as required by the
transmission agent.
8.3 Western will endeavor to inform the Contractor from time to time of any changes planned
or proposed on the system over which the service is supplied, but the costs of any changes made necessary in the
Contractor's system, because of changes or conditions on the system over which the service is supplied, shall not
be a charge against or a liability of Western.
8.4 If the Contractor, because of changes or conditions on the system over which service under
the contract is supplied, is required to make changes on its system at its own expense in order to continue
receiving service under the contract, then the Contractor may terminate service under the contract upon not less
than sixty (60) days written notice given to Western prior to making such changes, but not thereafter.
8.5 If Western notifies the Contractor that electric service provided for under the contract
cannot be delivered to the Contractor because of an insufficiency of capacity available to Western in the facilities
of others over which service under the contract is supplied, then the Contractor may terminate service under the
contract upon not less than sixty (60) days written notice given to Western prior to the date on which said capacity
ceases to be available to Western, but not thereafter.
9. Multiple Points of Delivery Involving Direct and Indirect Deliveries.
When Western has provided line and substation capacity under the contract for the purpose of
delivering electric service directly to the Contractor at specified direct points of delivery and also has agreed to
absorb transmission service allowance or discounts for deliveries of energy over other system(s) to indirect points
of delivery and the Contractor shifts any of its load served under the contract from direct delivery to indirect
delivery, Western will not absorb the transmission service costs on such shifted load until the unused capacity, as
determined solely by Western, available at the direct delivery points affected is fully utilized.
10. Construction, Operation, and Maintenance of Contractor's Power System.
The Contractor shall, and, if applicable, shall require each of its members or transmission agents to
construct, operate, and maintain its power system in a manner which, as determined by Western, will not interfere
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with the operation of the system of Western or its transmission agents over which electric services are furnished
to the Contractor under the contract, and in a manner which will coordinate with the protective relaying and
other protective arrangements of the system(s) of Western or Western's transmission agents. Western may reduce
or discontinue furnishing services to the Contractor if, after notice by Western, the Contractor fails or refuses to
make such changes as may be necessary to eliminate an unsatisfactory condition on the Contractor's power system
which is determined by Western to interfere significantly under current or probable conditions with any service
supplied from the power system of Western or from the power system of a transmission agent of Western. Such
a reduction or discontinuance of service will not relieve the Contractor of liability for any minimum charges
provided for in the contract during the time said services are reduced or discontinued. Nothing in this Provision
shall be construed to render Western liable in any manner for any claims, demands, costs, losses, causes of action,
damages, or liability of any kind or nature arising out of or resulting from the construction, operation, or
maintenance of the Contractor's power system.
III. RATES, BILLING, AND PAYMENT PROVISIONS.
11. Change of Rates.
Rates applicable under the contract shall be subject to change by Western in accordance with
appropriate rate adjustment procedures. If at any time the United States promulgates a rate changing a rate then
in effect under the contract, it will promptly notify the Contractor thereof. Rates shall become effective as to the
contract as of the effective date of such rate. The Contractor, by written notice to Western within ninety (90) days
after the effective date of a rate change, may elect to terminate the service billed by Western under the new rate.
Said termination shall be effective on the last day of the billing period requested by the Contractor not later than
two (2) years after the effective date of the new rate. Service provided by Western shall be paid for at the new rate
regardless of whether the Contractor exercises the option to terminate service.
12. Minimum Seasonal or Annual Capacity Charge.
When the rate in effect under the contract provides for a minimum seasonal or annual capacity
charge, a statement of the minimum capacity charge due, if any, shall be included in the bill rendered for service
for the last billing period of the service season or contract year as appropriate, adjusted for increases or decreases
in the contract rate of delivery and for the number of billing periods during the year or season in which service is
not provided. Where multiple points of delivery are involved and the contract rate of delivery is stated to be a
maximum aggregate rate of delivery for all points, in determining the minimum seasonal or annual capacity
charge due, if any, the monthly capacity charges at the individual points of delivery shall be added together.
13. Billing and Payment.
13.1 Western will normally issue bills to the Contractor for services furnished during the
preceding month within ten (10) days after the end of the billing period.
13.2 If Western is unable to issue timely monthly bill(s), Western may elect to render estimated
bill(s). Such estimated bill(s) shall be subject to the same payment provisions as final bill(s), and any applicable
adjustments will be shown on a subsequent monthly bill.
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13.3 Payments of bills issued by Western are due and payable by the Contractor before the close
of business on the twentieth (20th) calendar day after the date of issuance of each bill or the next business day
thereafter if said day is a Saturday, Sunday, or Federal holiday. Bills shall be considered paid when payment is
received by Western. Bills will be paid electronically or via the Automated Clearing House method of payment
unless a written request to make payments by mail is submitted by the Contractor and approved by Western.
Should Western agree to accept payments by mail, these payments will be accepted as timely and without
assessment of the charge provided for in Provision 14 (Nonpayment of Bills in Full When Due) if a United States
Post Office first class mail postmark indicates the payment was mailed at least three (3) calendar days before the
due date.
13.4 The parties agree that net billing procedures will be used for payments due Western by the
Contractor and for payments due the Contractor by Western for the sale or exchange of electric power and energy,
use of transmission facilities, operation and maintenance of electric facilities, and other services. Payments due
one party in any month shall be offset against payments due the other party in such month, and the resulting net
balance shall be paid to the party in whose favor such balance exists. The parties shall exchange such reports and
information that either party requires for billing purposes. Net billing shall not be used for any amounts due
which are in dispute.
14. Nonpayment of Bills in Full When Due.
14.1 Bills not paid in full by the Contractor by the due date specified in Provision 13 (Billing and
Payment) hereof shall bear a charge of five hundredths percent (0.05%) of the principal sum unpaid for each day
payment is delinquent, to be added until the amount due is paid in full. Western will also assess a fee of twenty-
five dollars ($25.00) for processing a late payment. Payments received will first be applied to the charges for late
payment assessed on the principal and then to payment of the principal.
14.2 Western shall have the right, upon not less than fifteen (15) days advance written notice, to
discontinue furnishing the services specified in the contract for nonpayment of bills in full when due, and to
refuse to resume such services so long as any part of the amount due remains unpaid. Such a discontinuance of
service will not relieve the Contractor of liability for minimum charges during the time service is so discontinued.
The rights reserved to Western herein shall be in addition to all other remedies available to Western either by law
or in equity, for the breach of any of the terms hereof.
15. Adjustments for Fractional Billing Period.
The demand or capacity charge and minimum charges shall each be proportionately adjusted when
fractional billing periods are applicable under this contract. A fractional billing period can occur: (1) at the
beginning or end of electric service; (2) at the beginning or end of irrigation pumping service each year; (3) for a
fractional billing period under a new rate schedule; or (4) for fractional periods due to withdrawals of electric
services. The adjustment will be made based on the ratio of the number of hours that electric service is available
to the Contractor in such fractional billing period to the total number of hours in the billing period involved.
Energy billing shall not be affected by fractional billing periods.
16. Adjustments for Curtailments to Firm Service.
16.1 Billing adjustments will be made if firm electric service is interrupted or reduced because
of conditions on the power system of the United States for periods of one (1) hour or longer in duration each.
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Billing adjustments will not be made when such curtailment of electric service is due to a request by the Contractor
or a discontinuance of electric service by Western pursuant to Provision 14 (Nonpayment of Bills in Full When
Due). For purposes of billing adjustments under this Provision, the term power system of the United States shall
include transmission facilities used under contract but not owned by the United States.
16.2 The total number of hours of curtailed firm electric service in any billing period shall be
determined by adding: (1) the sum of the number of hours of interrupted electric service to (2) the product, of
each reduction, of: the number of hours reduced electric service and the percentage by which electric service was
reduced below the delivery obligation of Western at the time of each said reduction of electric service. The demand
or capacity charge and applicable minimum charges shall each be proportionately adjusted in the ratio that the
total number of hours of electric service determined to have been curtailed bears to the total number of hours in
the billing period involved.
16.3 The Contractor shall make written claim within thirty (30) days after receiving the monthly
bill, for adjustment on account of any curtailment of firm electric service, for periods of one (1) hour or longer in
duration each, alleged to have occurred that is not reflected in said bill. Failure to make such written claim, within
said thirty-day (30-day) period, shall constitute a waiver of said claim. All curtailments of electric service, which
are due to conditions on the power system of the United States , shall be subject to the terms of this Provision;
Provided, That withdrawal of power and energy under the contract shall not be considered a curtailment of
electric service.
IV. POWER SALES PROVISIONS.
17. Resale of Firm Electric Service (Wholesale Sales for Resale).
The Contractor shall not sell any firm electric power or energy supplied under the contract to any
electric utility customer of the Contractor for resale by that utility customer; Provided, That the Contractor may
sell the electric power and energy supplied under the contract to its members on condition that said members not
sell any of said power and energy to any customer of the member for resale by that customer.
18. Distribution Principles.
The Contractor agrees that the benefits of firm electric power or energy supplied under the contract
shall be made available to its consumers at rates that are established at the lowest possible level consistent with
sound business principles, and that these rates will be established in an open and public manner. The Contractor
further agrees that it will identify the costs of firm electric power or energy supplied under the contract and power
from other sources to its consumers upon request. The Contractor will demonstrate compliance with the
requirements of this Provision to Western upon request.
19. Contract Subject to Colorado River Compact.
Where the energy sold under the contract is generated from waters of the Colorado River system,
the contract is made upon the express condition and with the express covenant that all rights under the contract
shall be subject to and controlled by the Colorado River Compact approved by Section 13 (a) of the Boulder
Canyon Project Act of December 21, 1928, 43 U.S.C. §§ 617a-e, and the parties to the contract shall observe and be
subject to and controlled by said Colorado River Compact in the construction, management, and operation of the
dams, reservoirs, and powerplants from which electrical energy is to be furnished by Western to the Contractor
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under the contract, and in the storage, diversion, delivery, and use of water for the generation of electrical energy
to be delivered by Western to the Contractor under the contract.
V. FACILITIES PROVISIONS.
20. Design Approval.
All facilities, construction, and installation by the Contractor pursuant to the contract shall be
subject to the approval of Western. Facilities interconnections shall normally conform to Western’s current
General Requirements for Interconnection," in effect upon the signing of the contract document providing for
each interconnection, copies of which are available from Western. At least ninety (90) days, unless otherwise
agreed, prior to the date the Contractor proposes to commence construction or to incur an obligation to purchase
facilities to be installed pursuant to the contract, whichever date is the earlier, the Contractor shall submit, for the
approval of Western, detailed designs, drawings, and specifications of the facilities the Contractor proposes to
purchase, construct, and install. The Contractor assumes all risks for construction commenced or obligations to
purchase facilities incurred prior to receipt of approval from Western. Western review and approval of designs
and construction work in no way implies that Western is certifying that the designs meet the Contractor’s needs.
21. Inspection and Acceptance.
Western shall have the right to inspect the materials and work furnished by the Contractor, its
agents, employees, and subcontractors pursuant to the contract. Such inspections shall be at reasonable times at
the work site. Any materials or work that Western determines is defective or not in accordance with designs,
drawings, and specifications, as approved by Western, shall be replaced or modified, as directed by Western, at
the sole expense of the Contractor before the new facilities are energized.
22. As-Built Drawings.
Within a reasonable time, as determined by Western, after the completion of construction and
installation of facilities pursuant to the contract, the Contractor shall submit to Western marked as-built prints of
all Western drawings affected by changes made pursuant to the contract and reproducible drawings the
Contractor has prepared showing facilities of Western. The Contractor's drawings of Western facilities shall use
drawing title blocks, drawing numbers, and shall be prepared in accordance with drafting standards all as
approved by Western. Western may prepare, revise, or complete said drawings and bill the Contractor if the
Contractor fails to provide such drawings to Western within a reasonable time as determined by Western.
23. Equipment Ownership Markers.
23.1 The Contractor shall identify all movable equipment and, to the extent agreed upon by the
parties, all other salvageable facilities constructed or installed on the United States right-of-way or in Western
substations pursuant to the contract which are owned by the Contractor, by permanently affixing thereto suitable
markers clearly identifying the Contractor as the owner of said equipment and facilities.
23.2 If requested by the Contractor, Western shall identify all movable equipment and, to the
extent agreed upon by the parties, all other salvageable facilities constructed or installed on the Contractor's right-
of-way or in the Contractor's substations pursuant to the contract which are owned by the United States, by
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permanently affixing thereto suitable markers clearly identifying the United States as the owner of said equipment
and facilities.
24. Third-Party Use of Facilities.
The Contractor shall notify Western of any proposed system change relating to the facilities
governed by the contract or allowing third-party use of the facilities governed by the contract. If Western notifies
the Contractor that said system change will, as solely determined by Western, adversely affect the operation of
Western's system the Contractor shall, at no cost to Western, provide a solution to said adverse effect acceptable
to Western.
25. Changes to Western Control Facilities.
If at any time during the term of the contract, Western determines that changes or additions to
control, relay, or communications facilities are necessary to maintain the reliability or control of Western's
transmission system, and said changes or additions are entirely or partially required because of the Contractor's
equipment installed under the contract, such changes or additions shall, after consultation with the Contractor,
be made by Western with all costs or a proportionate share of all costs, as determined by Western, to be paid by
the Contractor. Western shall notify the Contractor in writing of the necessary changes or additions and the
estimated costs to be paid by the Contractor. If the Contractor fails to pay its share of said estimated costs, Western
shall have the right, after giving sixty (60) days' written notice to the Contractor, to terminate the applicable facility
installation provisions to the contract and require the removal of the Contractor's facilities.
26. Modification of Western Facilities.
Western reserves the right, at any time, to modify its facilities. Western shall keep the Contractor
informed of all planned modifications to Western facilities which impact the facilities installation pursuant to the
contract. Western shall permit the Contractor to change or modify its facilities, in a manner satisfactory to and at
no cost or expense to Western, to retain the facilities interconnection pursuant to the contract. At the Contractor's
option, Western shall cooperate with the Contractor in planning alternate arrangements for service which shall
be implemented at no cost or expense to Western. The Contractor and Western shall modify the contract, as
necessary, to conform to the new facilities arrangements.
27. Transmission Rights.
If the contract involves an installation which sectionalizes a Western transmission line, the
Contractor hereby agrees to provide a transmission path to Western across such sectionalizing facilities at no cost
or expense to Western. Said transmission path shall be at least equal, in terms of capacity and reliability, to the
path in the Western transmission line prior to the installation pursuant to the contract.
28. Construction and Safety Procedures.
28.1 The Contractor hereby acknowledges that it is aware of the hazards inherent in high-
voltage electric lines and substations, and hereby assumes full responsibility at all times for the adoption and use
of necessary safety measures required to prevent accidental harm to personnel engaged in the construction,
inspection, testing, operation, maintenance, replacement, or removal activities of the Contractor pursuant to the
contract. The Contractor and the authorized employees, agents, and subcontractors of the Contractor shall comply
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with all applicable safety laws and building and construction codes, including the provisions of Chapter 1 of the
Power System Operations Manual, entitled Power System Switching Procedure, and the Occupational Safety and
Health Administration regulations, Title 29 C.F.R. §§ 1910 and 1926, as amended or supplemented. In addition to
the safety program required herein, upon request of the United States , the Contractor shall provide sufficient
information to demonstrate that the Contractor's safety program is satisfactory to the United States.
28.2 The Contractor and its authorized employees, agents, and subcontractors shall familiarize
themselves with the location and character of all the transmission facilities of Western and interconnections of
others relating to the work performed by the Contractor under the contract. Prior to starting any construction,
installation, or removal work, the Contractor shall submit a plan of procedure to Western which shall indicate the
sequence and method of performing the work in a safe manner. No work shall be performed by the Contractor,
its employees, agents, or subcontractors until written authorization to proceed is obtained from Western.
28.3 At all times when the Contractor, its employees, agents, or subcontractors are performing
activities of any type pursuant to the contract, such activities shall be under supervision of a qualified employee,
agent, or subcontractor of the Contractor who shall be authorized to represent the Contractor in all matters
pertaining to the activity being performed. The Contractor and Western will keep each other informed of the
names of their designated representatives at the site.
28.4 Upon completion of its work, the Contractor shall remove from the vicinity of the right-of-
way of the United States all buildings, rubbish, used materials, concrete forms, and other like material belonging
to the Contractor or used under the Contractor's direction, and in the event of failure to do so the same may be
removed by Western at the expense of the Contractor.
28.5 In the event the Contractor, its employees, agents, or subcontractors fail to comply with
any requirement of this Provision, or Provision 21 (Inspection and Acceptance) herein, Western or an authorized
representative may issue an order to stop all or any part of the work until such time as the Contractor
demonstrates compliance with the provision at issue. The Contractor, its employees, agents, or subcontractors
shall make no claim for compensation or damages resulting from such work stoppage.
29. Environmental Compliance.
Facilities installed under the contract by any party shall be constructed, operated, maintained,
replaced, transported, and removed subject to compliance with all applicable laws, including but not limited to
the National Historic Preservation Act of 1966, 16 U.S.C. §§ 470x-6, the National Environmental Policy Act of 1969,
42 U.S.C. §§ 4321-4347, the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1544, and the Archaeological
Resources Protection Act of 1979, 16 U.S.C. §§ 470aa-470mm, and the regulations and executive orders
implementing these laws, as they may be amended or supplemented, as well as any other existing or subsequent
applicable laws, regulations, and executive orders.
30. Responsibility for Regulated Materials.
When either party owns equipment containing regulated material located on the other party's
substation, switchyard, right-of-way, or other property, the equipment owner shall be responsible for all activities
related to regulated materials in such equipment that are necessary to meet the requirements of the Toxic
Substances Control Act, 15 U.S.C. §§ 2601-2692, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-
6992k, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-
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9675, the Oil Pollution Act of 1990, 33 U.S.C. §§ 2702-2761, the Clean Water Act, 33 U.S.C. §§ 1251-1387, the Safe
Drinking Water Act, 42 U.S.C. §§ 300f-j26, and the regulations and executive orders implementing these laws, as
they may be amended or supplemented, and any other existing or subsequent applicable laws, regulations, and
executive orders. Each party shall label its equipment containing regulated material in accordance with
appropriate laws and regulations. If the party owning the equipment does not perform activities required under
appropriate laws and regulations within the time frame specified therein, the other party may perform or cause
to be performed the required activities after notice to and at the sole expense of the party owning the equipment.
VI. OTHER PROVISIONS.
31. Authorized Representatives of the Parties.
Each party to the contract, by written notice to the other, shall designate the representative(s) who
is (are) authorized to act in its behalf with respect to those matters contained in the contract which are the
functions and responsibilities of the authorized representatives of the parties. Each party may change the
designation of its authorized representative(s) upon oral notice given to the other, confirmed promptly by written
notice.
32. Effect of Section Headings.
Section headings or Provision titles appearing in the contract or these General Power Contract
Provisions are inserted for convenience only and shall not be construed as interpretations of text.
33. Operating Guidelines and Procedures.
The parties to the contract may agree upon and put into effect from time to time, such other written
guidelines and procedures as may be required in order to establish the methods of operation of the power system
to be followed in the performance of the contract.
34. Uncontrollable Forces.
Neither party to the contract shall be considered to be in default in performance of any of its
obligations under the contract, except to make payment as specified in Provision 13 (Billing and Payment) herein,
when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" means any
cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of
facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor
dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction
by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority,
which by exercise of due diligence such party could not reasonably have been expected to avoid and which by
exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a
party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any
of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such
fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.
35. Liability.
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35.1 The Contractor hereby agrees to indemnify and hold harmless the United States, its
employees, agents, or contractors from any loss or damage and from any liability on account of personal injury,
death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever
and by whomsoever made arising out of the Contractors', its employees', agents', or subcontractors' construction,
operation, maintenance, or replacement activities under the contract.
35.2 The United States is liable only for negligence on the part of its officers and employees in
accordance with the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 1346(c), 2401(b), 2402, 2671, 2672, 2674-2680, as
amended or supplemented.
36. Cooperation of Contracting Parties.
If, in the operation and maintenance of their respective power systems or electrical equipment and
the utilization thereof for the purposes of the contract, it becomes necessary by reason of any emergency or
extraordinary condition for either party to request the other to furnish personnel, materials, tools, and equipment
for the accomplishment thereof, the party so requested shall cooperate with the other and render such assistance
as the party so requested may determine to be available. The party making such request, upon receipt of properly
itemized bills from the other party, shall reimburse the party rendering such assistance for all costs properly and
reasonably incurred by it in such performance, including administrative and general expenses, such costs to be
determined on the basis of current charges or rates used in its own operations by the party rendering assistance.
Issuance and payment of bills for services provided by Western shall be in accordance with Provisions 13 (Billing
and Payment) and 14 (Nonpayment of Bills in Full When Due) herein. Western shall pay bills issued by the
Contractor for services provided as soon as the necessary vouchers can be prepared which shall normally be
within twenty (20) days.
37. Transfer of Interest in the Contract or Change in Preference Status.
37.1 No voluntary transfer of the contract or of the rights of the Contractor under the contract
shall be made without the prior written approval of the Administrator of Western. Any voluntary transfer of the
contract or of the rights of the Contractor under the contract made without the prior written approval of the
Administrator of Western may result in the termination of the contract; Provided, That the written approval of
the Administrator shall not be unreasonably withheld; Provided further, That if the Contractor operates a project
financed in whole or in part by the Rural Utilities Service, the Contractor may transfer or assign its interest in the
contract to the Rural Utilities Service or any other department or agency of the Federal Government without such
prior written approval; Provided further, That any successor to or assignee of the rights of the Contractor, whether
by voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall be subject to all the provisions and
conditions of the contract to the same extent as though such successor or assignee were the original Contractor
under the contract; and, Provided further, That the execution of a mortgage or trust deed, or judicial or foreclosure
sales made thereunder, shall not be deemed voluntary transfers within the meaning of this Provision.
37.2 The Contractor shall maintain its status as an entity eligible for preference in Western's sale
of Federal power pursuant to Reclamation law, as amended and supplemented.
37.3 Western shall give the Contractor written notice of Western's proposed determination that
the Contractor has violated Provision 37.1 and Western's proposed action in response to the violation.
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37.4 The Contractor shall have 120 days after receipt of Western's notice provided under
Provision 37.3 to submit a written response to Western. The Contractor may also make an oral presentation to the
Administrator during this 120-day period.
37.5 At any time during this process, the Contractor and Western may agree upon corrective
action to resolve Western's proposed determination that the Contractor is in violation of Provision 37.1.
37.6 Within 30 days of receipt of the Contractor's written response provided under Provision
37.4, Western will notify the Contractor in writing of its final decision. The Administrator's written notice will
include the intended action, the effective date thereof, and the reasons for taking the intended action.
Implementation of the Administrator's action shall take place no earlier than 60 days from the Contractor's receipt
of such notice.
37.7 Any successor to Western shall be subject to all the provisions and conditions of the
contract to the same extent as though such successor were an original signatory to the contract.
37.8 Nothing in this Provision shall preclude any right to judicial review available to the
Contractor under Federal law.
38. Choice of Law and Forum.
Federal law shall control the obligations and procedures established by this contract and the
performance and enforcement thereof. The forum for litigation arising from this contract shall exclusively be a
Federal court of the United States, unless the parties agree to pursue alternative dispute resolution.
39. Waivers.
Any waivers at any time by either party to the contract of its rights with respect to a default or any
other matter arising under or in connection with the contract shall not be deemed a waiver with respect to any
subsequent default or matter.
40. Notices.
Any notice, demand, or request specifically required by the contract or these Provisions to be in
writing shall be considered properly given when delivered in person or sent by postage prepaid registered or
certified mail, commercial delivery service, facsimile, electronic, prepaid telegram, or by other means with prior
agreement of the parties, to each party's authorized representative at the principal offices of the party. The
designation of the person to be notified may be changed at any time by similar notice. Where facsimile or
electronic means are utilized for any communication covered by this Provision, the sending party shall keep a
contemporaneous record of such communications and shall verify receipt by the other party.
41. Contingent Upon Appropriations and Authorization.
41.1 Where activities provided for in the contract extend beyond the current fiscal year,
continued expenditures by the United States are contingent upon Congress making the necessary appropriations
required for the continued performance of the United States' obligations under the contract. In case such
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appropriation is not made, the Contractor hereby releases the United States from its contractual obligations and
from all liability due to the failure of Congress to make such appropriation.
41.2 In order to receive and expend funds advanced from the Contractor necessary for the
continued performance of the obligations of the United States under the contract, additional authorization may
be required. In case such authorization is not received, the Contractor hereby releases the United States from those
contractual obligations and from all liability due to the lack of such authorization.
42. Covenant Against Contingent Fees.
The Contractor warrants that no person or selling agency has been employed or retained to solicit
or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained
by the Contractor for the purpose of securing business. For breach or violation of this warranty, Western shall
have the right to annul the contract without liability or in its discretion to deduct from the contract price or
consideration the full amount of such commission, percentage, brokerage, or contingent fee.
43. Contract Work Hours and Safety Standards.
The contract, to the extent that it is of a character specified in Section 103 of the Contract Work
Hours and Safety Standards Act (Act), 40 U.S.C. § 329, as amended or supplemented, is subject to the provisions
of the Act, 40 U.S.C. §§ 327-334, as amended or supplemented, and to regulations promulgated by the Secretary
of Labor pursuant to the Act.
44. Equal Opportunity Employment Practices.
Section 202 of Executive Order No. 11246, 30 Fed. Reg. 12319 (1965), as amended by Executive Order
No. 12086, 43 Fed. Reg. 46501 (1978), as amended or supplemented, which provides, among other things, that the
Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin, is incorporated herein by reference the same as if the specific language had been
written into the contract, except that Indian Tribes and tribal organizations may apply Indian preference to the
extent permitted by Federal law.
45. Use of Convict Labor.
The Contractor agrees not to employ any person undergoing sentence of imprisonment in
performing the contract except as provided by 18 U.S.C. § 3622(c), as amended or supplemented, and Executive
Order No. 11755, 39 Fed. Reg. 779 (1973), as amended or supplemented.
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Estes Park PSA – Attachment B First Amendment to the Amended PSA
Page 1 of 2
Attachment B
Substation Cost and Maintenance Responsibility
And
Lease of 115kV Facilities
The following describes the cost and maintenance responsibilities for Estes Park and Platte River
at the existing Estes Substation and Marys Lake Substation. This description will also apply to
any future substations that may be constructed by Estes Park. If any special arrangements are
required for a new substation different from the understanding described below, it will be
documented in a separate letter agreement between Estes Park and Platte River and attached
hereto.
Estes Park will furnish, own, and maintain at its expense the following items in each
substation owned by Estes Park:
The substation site with sufficient space for both the Estes Park and Platte River
equipment
Grading and surfacing within the fenced area
Access right-of-way and roads
Perimeter substation fence or wall
Landscaping and maintenance of any grounds outside the fenced or walled area
The 115kV/12.47 transformers, switchgear, feeder circuits, associated foundations
and oil containment structures, duct banks, conduits, and all cabling, relays, and
controls required to operate such equipment
The Estes Park switchgear room in a common Estes Park/Platte River
switchgear/control building or separate building, whichever is appropriate
A remote terminal unit (RTU) at Marys Lake switchgear building to transmit substation
information to Estes Park
The DC power supply system and associated equipment or ½ the cost of a DC system
shared with Platte River.
Substation site electric service (equipment, power and energy)
Substation yard lighting
Substation yard below grade grounding system
Platte River will furnish, own, and maintain at its expense the following items in each
substation owned by Estes Park:
All transmission equipment required at the appropriate voltage class to deliver electric
capacity and energy to Estes Park’s facilities including the transmission line transition
structures, breakers, switches, bus system, relays, meters and associated controls
All foundations required for the Platte River equipment listed above
The Platte River control room in a combined Estes Park/Platte River
switchgear/control building, or the cost of a separate control building, whichever is
appropriate
Communication connections for Power System Operations use by both Estes Park
and Platte River
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Estes Park PSA – Attachment B First Amendment to the Amended PSA
Page 2 of 2
A remote terminal unit (RTU), for shared use to transmit substation information to both
Estes Park and Platte River at Estes Park Substation. Platte River is responsible for
its own RTU in the Platte River control building at Mary’s Lake Substation
Weed control
Estes Park and Platte River will share equally the cost of any substation security deemed by both
parties to be appropriate for the location of the substation.
Lease of 115kV Facilities:
Background: In the Transmission Facilities Agreement dated March 11, 1980, Estes
Park leased multiple transmission facilities to Platte River. Through that agreement Platte
River assumed responsibility for the 115kV transmission and substation facilities that
served the Estes and Marys Lake Substations. Of the "Leased Facilities" listed in Exhibit
A" to Attachment C of the March 11, 1980 Transmission Facilities Agreement, only the
WAPA Tap to Marys Lake Substation 115kV Line still exists as of September 1, 2010. By
joint agreement between Estes Park and Platte River, all of the other facilities listed in
Exhibit "A" have either been removed permanently from service or have been replaced by
facilities owned by Platte River.
Continuation of Lease: Estes Park agrees to continue the lease of the WAPA Tap to
Marys Lake Substation 115kV Line ("Leased Facility") to Platte River through the term of
this Agreement or until such facility is permanently removed from service or replaced.
Platte River shall continue to have the right to use the Leased Facility in whatever manner
it shall determine to be the most effective to meet its obligations under this Agreement and
the local needs of Estes Park and to make whatever modifications, improvements, repairs
and replacements it shall determine to be necessary to provide reliable service. Platte
River shall not permit any lien or encumbrance to attach to the Leased Facility and shall
deliver them up to Estes Park at the termination of this Agreement.
116
UTILITIES DEPARTMENTMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Director Bergsten
Attorney White
Date: March 12, 2019
RE: Ordinance 02-19 Amending Municipal Code §13.06.010 to Enable
Broadband Services
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To offer high-quality reliable broadband service to all Light and Power customers
Present Situation:
Modern high speed and reliable broadband service is not universally available
throughout the Light and Power service area.
Proposal:
Staff proposes the construction of a modern fiber-optic high-speed broadband service.
Advantages:
The Estes Park Economic Development Corporation facilitated numerous community
authored publications on the advantages. These can be seen on their website by
entering “Broadband” in the search box. In short:
Increased availability, reliability, and speed of internet access
Increased opportunities for economic growth
Increased service availability, all Light and Power customers
Disadvantages:
The higher quality, higher speed more reliable service will cost more than some existing
services
The competition for customers will increase
117
The cost of the project requires long term debt; however, the debt will be paid off from
customers who voluntary sign up for service
The venture has risk; however, not building a modern communications infrastructure
presents a greater risk
Action Recommended:
Staff recommends moving approval to create a municipal retail broadband service.
Finance/Resource Impact:
33.6M; $28M for construction, $4.3M in capitalized interest, $0.9M working capital and
0.3M in debt issuance costs.
Some savings will be realized by refinancing the existing $3.4M L&P debt
Level of Public Interest
VERY HIGH, Better broadband was ranked the most important service to increase in
the 2018 Citizen Survey
Sample Motion:
I move for the approval/denial Ordinance ##-19 establishing a Municipal Broadband
Service
Attachments:
Ordinance 02-19
Broadband Business Plan - Link
A sampling of articles from the Estes Park Economic Development Corporation website
Link
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ORDINANCE NO. 02-19
AN ORDINANCE AMENDING AND RESTATING CHAPTERS 13.04, 13.06, 13.08,
13.10 AND 13.16 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK FOR
THE CREATION AND OPERATION OF THE POWER AND COMMUNICATIONS
ENTERPRISE
WHEREAS, the Town has been engaged in the review of the design,
construction, financing, and operation of providing high quality, reliable broadband
service to customers of the Light & Power Department; and
WHEREAS, the Town asked the voters to exempt the Town from the provisions
of the State Statute which limited the Town’s participation in providing broadband
service to its Light & Power customers; and
WHEREAS, voters of the Town overwhelmingly approved the ballot issue
allowing the Town to provide broadband service to its Light & Power customers; and
WHEREAS, Town Staff and members of the community have determined that it
is feasible for the Town to provide high quality, reliable broadband service to its Light &
Power customers; and
WHEREAS, in order to provide said broadband service, it is necessary for the
Town to amend Chapters 13.04, 13.06, 13.08, 13.10 and 13.16 of the Municipal Code to
incorporate broadband services within its Light & Power Enterprise; and
WHEREAS, it is necessary to amend said Chapters to reconstitute the Town’s
Light & Power Enterprise as the Power & Communications Enterprise; and
WHEREAS, the Board of Trustees has reviewed the amendments to Chapters
13.04, 13.06, 13.08, 13.10 and 13.16 of the Municipal Code and determined that it is in
the best interest of the Town to approve the amendments to the aforementioned
Chapters.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. Chapters 13.04, 13.06, 13.08, 13.10 and 13.16 of the Municipal Code are hereby
amended and restated, as more fully set forth on Exhibit A attached hereto and
incorporated herein by reference.
2. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
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Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado this
day of _______________, 2019.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the ________day of _____________, 2019 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the
day of __________________, 2019.
TownClerk
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EXHIBIT A
I.POWER AND COMMUNICATIONS
Chapter 13.04 Power and Communications Administration
13.04.010 Creation of a Power and Communications Department.
There is created and established a Power and Communications Department of the Town, which shall
have control of the operation and maintenance of the electric plant and works for the manufacture,
generation, transmission and distribution of electricity, the distribution and sale of electrical energy
whether the same be generated by the Town or purchased by the Town for distribution and resale to
others, and also broadband infrastructure necessary for the provision of broadband services to residential
and commercial customers using the Town-owned fiber optic backbone and related infrastructure,
including any fiber laterals necessary to provide the service. .
13.04.020 Director;powers.
The Power and Communications Department Director shall have the immediate control and
management of all things pertaining to the Power and Communications Department, and shall perform all
acts that may be necessary for the prudent, efficient and economical management and protection of the
light, power, and broadband system, including the power and authority to adopt and promulgate
administrative regulations.
Chapter 13.06 Power and Communications Enterprise
13.06.010 Establishment of the Enterprise.
The Town hereby formally establishes the Enterprise as an agency of the Town and designates it as
the "Town of Estes Park, Power and Communications Enterprise." It shall be the purpose of the
Enterprise to pursue or continue all of the Town's light. power, and broadband activities, including the
purchase of electrical energy, the distribution of electrical energy, and the provision of broadband internet
services to the Town's customers. In connection with the purchase and distribution of electrical energy
and broadband internet services, the Enterprise shall be responsible for, among other things, the
construction, operation, repair and replacement of electric power and broadband distribution facilities, and
administration using revenues and income generated by and earned or acquired in connection with its
power and communications activities and held and managed in the Town's power and communications
enterprise fund. As between the Town and the Enterprise, all power and communications activities will be
deemed done and furnished by the Enterprise.
13.06.020 Enterprise excluded from the provisions of TABOR.
Pursuant to and in accordance with Article X, Section 20 of the Colorado Constitution ("TABOR"), the
Enterprise shall be excluded from the provisions of TABOR and shall be entitled to impose rates, fees,
tolls and charges; collect and spend revenues; issue its own revenue bonds; and construct, operate and
maintain facilities and provide power and communications services; all without reference or regard to the
limitations contained in TABOR.
13.06.030 Governing body.
The members of the Board of Trustees shall serve as the governing body of the Enterprise and shall
be known collectively as the Board of Directors of the Enterprise (the "Enterprise Board"). Acting as the
Enterprise Board, the Board of Trustees may exercise the Town's legal authority relating to power and
communications activities. The Enterprise Board hereby is directed to take all actions necessary to cause
the Enterprise to comply with all applicable laws.
13.06.040 Powers of the Enterprise.
The Enterprise shall have all powers and authority granted to municipalities in connection with power
and communications activities by the provisions of Title 29, Article 27, C.R,S and Title 31, Articles 15 and
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32, C.R.S.; the power to contract with any person or entity, including other districts and other enterprises
qualified under TABOR; and the power to issue and reissue revenue bonds through its governing body.
13.06.050 Enterprise obligations and Town obligations.
In consideration of the Enterprise's commitment to provide power and communications services for
which the Town actually is obligated and to collect and spend revenues from rates, fees, tolls and charges
imposed by the Town, the Town hereby agrees to continue to provide administrative services for the
Enterprise and its activities, to continue to hold title to and own all of the assets currently owned by the
Town and necessary to the operation of the Enterprise (including but not limited to the electrical energy
distribution system) and to impose all rates, fees, tolls and charges for power and communications
activities. The relationship between the Town and the Enterprise with respect to the administration of the
Enterprise, the operation of the power and communications activities and the duties and responsibilities of
each party shall be as herein set forth and as may be delineated and clarified from time to time in a joint
resolution of the Board of Trustees and the Enterprise Board which may be adopted at any time when the
Enterprise Ordinance codified herein is in full force and effect ("Joint Resolution").
13.06.060 Transactions in the name of the Town.
Any and all transactions of the Enterprise may be done in the name of the Town or in the name of
the Enterprise and neither this Section nor any transaction entered into pursuant to it shall alter or
abrogate the relationship of the Town and the Enterprise as established in Section 13.04.050 and as may
be further clarified from time to time in a Joint Resolution.
Chapter 13.08 Power and Communications Rules and Regulations
13.08.010 General.
a) These rules and regulations set forth terms and conditions under which electric and broadband
service is supplied by the Power and Communications Department of the Town, called the
Department, and are intended to govern all classes of electric and broadband service supplied by the
Department to customers, both within and outside the Town limits.
b) In addition to the provisions and conditions herein, service supplied under the electric rate schedules
is subject to the service regulations specified in the rates and to such amendments or additions as
may be made by the Town.
c)In addition to the provisions and conditions herein,broadband service supplied under the
Department’s broadband service rates and service regulations and to such amendments or
additions as may be made by the Town.
d) Electric and Broadband service furnished by the Department is subject also to the requirements set
forth in Town ordinances including, but not limited to, electrical installations, inspections, licensing,
permits and regulations, and in the Rules and Regulations of the Electrical Inspector under the
National Electrical Code and state revisions.
e) Attachment by third parties to facilities owned by the Town for power or broadband services shall be
subject to the rules and to the requirements set forth in Town ordinances relating to wireless
communication facilities and/or any rules and regulations that may be promulgated by the
Department.
f) Any waiver at any time of the Department's requirements under these rules and regulations will not
be deemed as a waiver as to any violation or other matter subsequently occurring.
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13.08.030 Permanent and temporary electric service.
a) Permanent: Unless specific arrangements are made to the contrary, electric service will be
considered rendered on a continuous, permanent basis subject to termination as provided later in
these rules and regulations.
b) Temporary service: Temporary service is considered as that service required by such consumers as
circuses, construction contractors, carnivals, tent shows and other similar enterprises. Prior to the
start of any construction required to provide temporary service, the applicant will pay the Department
an amount equal to the Department's estimate of the total cost of constructing and removing all
facilities necessary to supply the desired service less the salvage value of the materials used. The
amount thus paid will not be refundable nor can it be applied to service bills. The cost of electric
service will be in accordance with the provisions of the application for such service and shall be as
stated in the applicable schedules of rates.
13.08.040 Discontinuance of electric service.
a) Discontinuance by customer: Any customer desiring to discontinue electric service should give the
Department at least three (3) days' notice prior to the time disconnection is desired to permit meter
reading, disconnection and final billing for service rendered. The customer shall be liable in any
event for electric service rendered until the final meter reading is obtained. Further, such notice by
the customer does not relieve him or her in any way from any minimums or payments guaranteed
under his or her service contract.
b) Discontinuance by Town: The Department may discontinue service under any of the following
conditions, subject, however, to the requirements and procedures set forth and adopted in
subparagraph (4) of this Subsection and Chapter 13.10 of this Code:
1) If the customer's wiring or equipment is considered unsafe, service may be discontinued after
due notice and will not be reconnected until the unsafe condition has been corrected.
Notwithstanding the foregoing, the Department may discontinue service without notice to the
customer if a hazardous condition is discovered on a customer's premises, or if the unsafe
condition or manner of utilizing service could be considered dangerous to the life, health or
safety of any person, thus making an immediate discontinuance of service to the premises
imperative.
2) The customer shall not connect any energy-consuming appliance or device on the Department's
side of a meter nor tamper or otherwise interfere with the proper operation or registration of
Department's meter or permit others to perform such connection, interference or tampering. For
violation of this regulation, service shall be disconnected without notice and will not be
reconnected until the customer has paid an estimated service bill for the period during which
such violation existed and shall have installed standard service entrance wiring in accordance
with the prevailing requirements of Chapter 14.20.
3) Service may be discontinued for nonpayment of past due service accounts, for nonpayment of
any required deposit, or if service to the customer's equipment is detrimental, in the opinion of
the Department, to service to other customers served by the Department. If a customer is
receiving service at more than one (1) location, service at any or all locations may be
discontinued for nonpayment of any past due service account if, after transfer of the past due
account pursuant to Section 13.08.050, the customer fails to pay an account in full within the
period prescribed in Section 13.08.060.
4) Any discontinuance of service pursuant to this Subsection shall be in accordance with and
pursuant to the discontinuance regulations set forth in Chapter 13.10 of this Code.
13.08.050 Service deposit for electric service.
a) The Department may, at any time, require that the customer maintain a deposit with the Department
of a sum not exceeding an estimated ninety (90) days' bill or a satisfactory guarantee of the payment
to be made for service for a like period. Such deposits will not be considered as advance payment
123
for service bills and will be applied as credits to customers' accounts only after service has been
discontinued. The deposit may be in addition to any advance, contribution or guarantee in
connection with construction of any lines or facilities as provided for in the Department's line
extension policies. In the event any person is in arrears to the Department for electric service,
satisfactory arrangements must be made for paying for the old accounts in full before any application
for new service will be approved.
b) The Department may return deposits at any time and will return such deposits upon discontinuance
of the service after withholding therefrom payment for unpaid charges or bills for service. Deposits
will be refunded only after the Department has determined that sufficient evidence exists that the
customer is entitled to the return of the deposit.
c) The interest rate applied to deposits, the calculation of interest and the distribution of interest on
deposits shall be made in accordance with the applicable rule governing customer deposits as
promulgated by the Public Utilities Commission of the State.
d) Customers who have previously received service from the Department shall be required to make a
new or additional deposit only if previous payment records include recent or substantial
delinquencies.
13.08.060 Metering and billing for electric service.
a) Metering of service. The customer will provide at his or her expense, and in connection with his or
her wiring, suitable mounting space or enclosure for the installation of metering equipment in
accordance with Town ordinances relating to electrical installations, inspections, licensing, permits
and regulations. The Department will own and maintain metering equipment suitable and necessary
for measuring the electric energy supplied. Service supplied under each electric rate schedule shall
be separately measured and billed for, except that any bills transferred to the customer's account
pursuant to Section 13.08.050 because of nonpayment for services at other locations may be
included in any of the customer's accounts for purposes of billing and collection.
b) Billing Errors.
1) The Department will use all reasonable means to avoid billing errors and will, as soon as any
error is discovered, rebill for the correct amounts, whether this involves additional payment by
the customer or credit to his or her account by the Department, regardless of the time periods
involved. Payments due the Department for such errors shall be collected in the same manner
as payments for regular bills for service.
2) Incorrect billing due to faulty meter measurement beyond the accuracy limits hereinbefore
stated shall be corrected by revised billing based upon corrected readings for a period during
which the meter inaccuracy existed, but in no event for a period longer than one (1) year. Bills
for corrected usage shall be due and payable in the same manner as regular bills for service.
c) Diversion of electric energy.
1) In any case where energy-consuming devices or equipment are connected ahead of the meter
or there has been any tampering with or connections to the Department's distribution system or
any tampering with the Department's meter, including breaking of meter seals which would
make possible or result in the consumption of electricity not registered on the Department's
meter, the customer shall be liable to immediate discontinuance of service and to prosecution
under applicable laws.
2) In the event of such diversion of electricity, the Department shall be entitled to collect from the
customer at the appropriate rate for all additional power and energy estimated by the
Department which was not registered on the meter because of such diversion of electricity and
also for all expenses incurred by the Department on account of such unauthorized act or acts.
Further, service will not be reconnected until the customer shall have installed such entrance
and service equipment as is necessary to prevent further diversion of electricity.
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13.08.070 Town's facilities.
a) Continuity of service. The Department will endeavor to furnish and supply, but does not guarantee,
uninterrupted electric and broadband service. The Department will not be liable for interruptions due
to maintenance functions considered necessary or to causes or contingencies beyond the control of
the Department, including but not limited to accidents, breakdown of equipment, acts of God, floods,
storms, fires, strikes, riots, war or authority and orders of government, or for disconnection because
of unsafe wiring, operation of equipment detrimental to other customers, nonpayment of bills for
service or diversion of electricity. The Department shall also be not liable for any injury, loss or
damage occasioned by any interruptions arising from the foregoing causes. Such interruptions shall
not relieve the customer of payments for service under applicable rate schedules.
b) Shortage of electricity. The Department will make every reasonable effort to furnish a continuous
supply of electricity to meet demands. However, should shortages occur by reason of acts of God or
causes beyond the immediate control of the Department, the Department shall have the right to grant
preference to those services which in its opinion are the most essential to the public welfare. The
Department shall not be held liable for monetary loss of business from shortages in supply of electric
energy.
c) Liability. All installations of wire, meters, transformers or other materials or equipment made by the
Department at its expense shall remain the property of the Department and shall not be tampered or
interfered with directly or indirectly by the customer or any other unauthorized persons. The
customer shall be liable for any damage or loss to the Department's property or injury to the
Department's employees through such unauthorized tampering or interference.
13.08.080 Customer's use and facilities.
a) Easements.
1) By making application for electric or broadband service, the customer agrees to grant or
arrange for an easement on the customer's property for the installation, operation and
maintenance of electric and broadband lines, wires and other equipment of the Department
necessary to render service to the customer. When requested by the Department, the customer
shall without expense to the Department make or procure conveyance to the Department of
satisfactory right-of-way easements across the property owned or controlled by the customer for
the Department's lines or extensions necessary or incidental to the furnishing of service to the
customer. If such installation must be made on or over the property of a third party, it shall be
necessary for the customer to obtain an easement for the Department from the third party
before the installation can be made and service rendered.
2) If, after service is originally rendered, the customer should divide his or her property in such a
manner that part of it no longer has access to the rights-of-way of the Department's electric or
broadband distribution system, the customer shall reserve an easement for the benefit of the
Department so that the Department may render electric or broadband service to such isolated
part when desired.
b) Right of access. Authorized employees of the Department shall have the right of access to the
customer's premises at all reasonable times for the purpose of inspecting, repairing, replacing or
removing Department-owned equipment. The customer shall provide a means of ingress and egress
through locked gates by providing suitable means for a Department lock to be installed on the gate.
c) Foreign power. The customer shall make exclusive use of service provided by the Department, and
no other source of electric energy shall be connected to any installation which in turn is connected to
the Department's electric distribution system. This does not preclude the use of emergency
generating systems owned by the customer, provided that switching arrangements are installed to
prevent the possibility of the emergency generator and the Department service being connected to
the load simultaneously. The manner of connection of any emergency generating system must be
approved by the Department prior to use.
d) Resale of electricity. Electric service will be furnished for the sole use of the customer at the
premises designated in the service application and contract, and the customer shall not directly or
indirectly sell or otherwise dispose of such service to any other person or persons. The Department
125
reserves the right to refuse to furnish electric service to any customer where such service is to be
resold to others. In the event that such resale comes to the attention of the Department, the
Department shall have the right to either discontinue service to the customer or to furnish service
directly to the subcustomer.
e) Indemnity to Town. The Town shall not be held responsible for any injury to persons or damage to
property occasioned or caused by the acts, omissions or negligence of the customer or of any of his
or her agents, employees or licensees in installing, maintaining, operating or using any of the
customer's lines, wire, equipment, machinery or apparatus and for injury and damage caused by
defect in the same. The customer shall hold the Department harmless and indemnify it against any
and all claims and liability for injury to persons or damage to property when such damage or injury
results from or is occasioned by the facilities located on the customer's side of the point of delivery
unless caused by the negligence or wrongful acts of the Department's agents or employees.
Chapter 13.10 Power and Communications Discontinuance Regulations
13.10.010 Adoption of Public Utilities Commission discontinuance regulations.
a) The rules and regulations for discontinuance of electrical service promulgated by the Public Utilities
Commission of the State, and as set forth in the Town's tariff sheets implementing the rule and
regulation of the Public Utilities Commission, as are on file with the Commission, referred to in this
Title as the discontinuance regulations, are enacted, adopted by this reference and incorporated in
this Chapter as if set out at length. Three (3) copies of such regulation are now filed in the office of
the Town Clerk and one (1) copy is now filed in the office of the Director of the Power and
Communications Department, and may be inspected during regular business hours.
b) For broadband service, the Department will provide by electronic means, first class U.S. mail or
otherwise a written notice of proposed or completed discontinuance of service for actual or apparent
violation of the broadband rules and regulations or terms of service as then currently written. The
notice will advise the broadband customer the reason for discontinuance of broadband service, and,
if applicable, the amount past due and the date by which the past due amount must be paid in order
to avoid discontinuance of service. For the purposes of this chapter, amount past due means any
sum overdue for or charge related to broadband service provided by the Department.
Chapter 13.16 Electric Extension Policies
13.16.050 Line extensions.
a) In all cases the facilities so provided shall be constructed in accordance with the Town's standard
specifications and shall be the Town's property up to the point of delivery specified in the applicable
Town's rules and regulations.
b) In unusual circumstances where, because of the application of the terms of this policy, either the
applicant or the Town would be unduly burdened; or where the extensions are deemed necessary or
desirable for the development or protection of its territory; or where resale or wholesale customers
are involved, the Town reserves the right to deal with such unusual situations independently on their
own merits and without reference to the provisions of this policy.
c) The Town may establish special rates for service from an extension providing for the payment of
either a fixed charge per customer in addition to the general rates applicable, or a special minimum
in case a fair return on the Town's investment is not anticipated.
d) All electric line extension construction shall conform to prevailing standards, based on present-day
construction methods and practices, and shall conform to all safety requirements, the work being
done in a safe and workmanlike manner. The estimated cost, which shall include all material, labor,
engineering, rights-of-way, tree trimming, incidental and overhead expenses necessary to protect the
Town's existing system so as to adequately supply the required electrical service, shall be based on
the standards but in addition shall include special allowance for items which may be required to meet
local construction conditions. Discretion as to character of construction, the capacity required and the
route selected for an extension shall rest with the Town.
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9
e) The applicant shall execute the Town's standard right-of-way agreement granting free of charge to
the Town such rights-of-way across the applicant's premises as may be required for poles, anchors
and other construction work necessary for rendering the service requested by the applicant.
f) The date of service shall be declared as the date the applicant first receives service under the
classification requested by the applicant.
g) Where there is more than one (1) customer on an extension, the guarantee of each individual
customer may be determined by any method satisfactory to the customers, or may be determined by
the Town in general proportion to the cost of construction necessary to serve each customer.
h) In all cases where additional customers desire service from an extension already built on an open
contract, the amount of guarantee necessary and its apportionment among customers shall be
adjusted on the basis of existing and proposed new customers. If the addition of new customers
reduces the guarantee required of existing customers, advanced construction deposits made by new
customers will be credited to existing customers' accounts in direct proportion to the amount
originally advanced. If the inclusion of new customers increases the amount of guarantee required of
existing customers, the extension necessary for the new customers will be calculated separately as a
new extension and according to provisions in preceding paragraphs.
127
128
129
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Broadband Public Comment
Build out of high speed internet
Andy Clarkson <kenoguy69@gmail.com> Sun, Mar 10, 2019 at 9:37 PM
To: townclerk@estes.org
Hello,
We own 8401 Hwy 7 we would love to be able to get 1 gig internet speeds!! We encourage the city to move
forward!
Thank You
Andrew and Kerstin Clarkson
3086410932
Estes Park Broadband - The Rest of the Story
David Standerfer <dstanderfer@hotmail.com> Mon, Mar 11, 2019 at 6:19 AM
To: "townclerk@estes.org" <townclerk@estes.org>, "tjirsa@estes.org" <tjirsa@estes.org>, "cwalker@estes.org"
cwalker@estes.org>, "cbangs@estes.org" <cbangs@estes.org>, "mcenac@estes.org" <mcenac@estes.org>,
pmartchink@estes.org" <pmartchink@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "kzornes@estes.org"
kzornes@estes.org>
Cc: "johnsosw@co.larimer.co.us" <johnsosw@co.larimer.co.us>, "donnelt@co.larimer.co.us"
donnelt@co.larimer.co.us>, "jkefalas@larimer.org" <jkefalas@larimer.org>
Town trustees will be considering a $37 million bond to install broadband throughout the Power & Light service
area.
Other factors to consider:
In 7.7 years, beginning in May 2011, and including the January 2019 rate hike, the Power & Light (P&L)
customer charge” increased a total of 383%. In 6.7 years, beginning in May 2011, and including the
January 2018 rate hike, the water “base” rate increased a total of 82%. What will the rates be in 5
years?
The residential rate hike in October 2016 and subsequent hikes in January 2017, 2018, and 2019, has
increased P&L revenue by $1.4 million annually. This does not include commercial customers. Were
rates increased to build capacity in advance of the broadband rollout?
P&L added three new linemen positions in 2015, one in 2016, and another position in 2019, for a total
of 5 new linemen positions, bringing the total to 13 linemen. In the Broadband Business Plan, dated
March 5, 2019, under the section “Construction Management and Staffing”, it states that the plan
includes “…hiring another 5-person crew for infrastructure build”. Has the additional 5-person crew
already been hired as noted above? If not, is P&L hiring an additional 5 linemen to meet start-up goals,
bringing the total to 18 linemen? If so, how much will P&L rates increase?
P&L will use the Line Superintendent and Project Manager (a grant funded position) to provide
construction oversight. Additionally, a Crew Manager will be identified to manage and inspect future
work of construction contractors. Along with the five additional linemen, are P&L customers paying
these costs through utility rates?
As of January 2019, there were 7,533 residential customers. Of these, 3,849 (51.1%) are located
outside the incorporated area of Estes Park, as are commercial customers. The town trustees are
making a decision that will impact P&L customers who have no voice in electing town trustees or the
mayor.
How do utility customers control runaway utility rates? The ability of Estes Park trustees to raise utility
rates without oversight is anchored in Holyoke vs Smith. In their ruling, the Colorado Supreme Court
believed that citizens at the ballot box had far more power over rates than a public utility
commission. Non-residents have no such power. In regard to P&L decisions, the majority (51.1%) is
disenfranchised.
The incorporated area of Estes Park is 7 square miles. The Power & Light service area is 350 square
miles. Respectfully, the decision to issue $37 million in debt should rest with voters, not the town
Broadband Public Comment
trustees. True, 92% of the voters in Estes Park voted to reclaim local authority on telecommunications,
but that was not concurrence for a $37 million bond.
The trustees and mayor are making decisions that P&L customers must honor for 30 years. Trustees
make decisions on our behalf one day, and are gone the next. The P&L customer is stuck with the bill
if this project fails.
Who pays the debt on the bond and the additional P&L personnel if there are insufficient
subscribers? What is the “gap” cost that utility customers will have to pay? How much will our rates
increase? In the Broadband Business Plan, dated March 5, 2019, under the section “Risk and Worst
Case Scenario", page 53 of 58 pages, it reassures everyone that if broadband completely fails it will
only cost every/every P&L customer $23.34 per month. That is $280 per year for 30 years. First, I
wish government wouldn't be so cavalier with other people's money. Second, it's never turns out that
simple.
What about private service providers in Estes Park. How will they compete? Will they survive? What
about their investment in equipment, build-out, and employees? Estes Park is using P&L infrastructure
and deep pockets with the "guarantee" of utility customers to support a $37 million bond. Is this fair?
What about the economy? Americans are already struggling to pay for essential needs and services,
including electricity and water. We are witnessing the longest economic expansion in modern
history. During this same period, consumer debt has exploded. When the economy tanks, will
broadband be an essential necessity? Or, will the consumer disconnect when personal finances get
tight? Shelter, clothing, food, electricity, water, and medicine is essential. Broadband? Not so much.
Is the potential for “profit” influencing the trustees’ decision? In just 9 years (CY 2010 through CY
2018), the Town of Estes Park transferred over $12.4 million in utility profits to the town’s General
Fund to balance the budget and keep the town’s personal property taxes low. In CY 2019, the town will
transfer almost $1.9 million in utility profits to the General Fund, bringing the total transfers to $14.4
million in 10 years. 91% of all utility profits that transfer to the General Fund come from P&L
customers, including 51.1% of residents living outside the incorporated area of Estes Park.
Generally speaking, government should stay out of private enterprise initiatives. Since government can
tax or raise utility rates to cash flow their mistakes, the decision-making process in developing projects
is often flawed. Estes Park has a parking facility and events complex that is underutilized. Hope
springs eternal with government ideas, but in the interim, it's the taxpayer that is on the hook. The
broadband initiative is no different.
People offer many reasons for leaving the Estes Park area, but I have never heard anyone claim that
they were leaving because the internet was too slow. The appeal of Estes Park is the national park,
small-town environment, natural beauty, and relaxing lifestyle. It has little to do with internet speed.
Please know that my comments are about policy governance, not about the men and women who
provide reliable utility service to the Estes Valley.
Information for this email came from the FY 2011-2019 budgets, the Comprehensive Annual Financial
Reports for 2013-2017, the Power & Light Electric Rate Summary for 2016-2019, correspondence,
Power & Light website, local newspapers, personal utility bills from 2010-2019 YTD, and the
Broadband Business Plan.
Electricity and Broadband in Estes Park-Elrod Opinion
Mark Elrod <hellomde@gmail.com> Tue, Mar 12, 2019 at 8:16 AM
Reply-To: Mark Elrod <hellomde@gmail.com>
To: tjirsa@estes.org, cwalker@estes.org, cbangs@estes.org, mcenac@estes.org, pmartchink@estes.org,
rnorris@estes.org, kzornes@estes.org
Cc: Frank Lancaster <flancaster@estes.org>, Town Clerk <townclerk@estes.org>
Mayor, Mayor Pro Tem, Trustees
Electricity and Broadband in Estes Park
Broadband Public Comment
Fall River Hydro Plant owned by F. O. Stanley provided electricity to the Estes Park community until 1928 when
Mr. Stanley sold the utility to Public Service Company of Colorado. Then in 1945 the Town of Estes Park
purchased the electric utility and started providing electricity to the service area. It would have been interesting
to have learned how and why that decision was made by the Town Trustees. There was no question that
electricity was necessary for our community. It was being provided by a private entity (Public Service Company
of Colorado). One can conjecture that the Town Trustees believed that the quality and reliability of the service
could be improved through municipal ownership of the electric utility. One would imagine they had their
proformas full of facts, figures and assumptions upon which to base their decision. However, this did in fact
remove the option from the community of having another electric service provider. It would be the only provider
of electricity.
Now our Town Trustees are again reviewing a service (broadband) no less necessary than electricity. The
service is currently provided by business entities in our community. However, the quality and reliability of the
current service has come under question. The Town voters, as required by law, empowered our decision
makers (Trustees) to examine whether there would be a better option than that which is currently
available. Following that lengthy and professionally provided introspective it was concluded that the creation of
a Town utility could provide that which was sorely needed. Broadband service provided with necessary speed,
cost and reliability. Yes an investment is required, just like when the Town purchased the electric
utility. However, here the service users will have an option from which to select providers of broadband
service. Users may select the new Town broadband utility, or they may use other providers of that service
currently in our area. Users will be free to select broadband providers which provide the rates (cost), quality
speed) and reliability of service they want. What could be more fair?
I would encourage you as our Mayor, Mayor Pro Tem and Trustees to make a decision for our community, just
like was done in 1945, vote for the creation of a utility (broadband) that will serve our community well for now
and into the future.
Respectfully,
Mark Elrod
675 Summerset Court
Estes Park, Co 80517
Comments for Broadband Service Across Light & Power Service Area
Mike Bertrand <mikebertrand@verizon.net> Tue, Mar 12, 2019 at 9:43 AM
To: townclerk@estes.org
Cc: shop@zplates.com
Hello,
I plan to speak during public comments at this meeting in support of the Broadband Service initiative. I am a
current Estes Park resident and business owner. My current provider, TDS, has been unable to provide reliable
service. The Broadband Service initiative would provide both my family and business with reliable internet
service. My business, Z Plates, is an e-commerce business that relies on steady, reliable internet.
In reference to my service issues with TDS, please see the attached upstream log. It shows serious, ongoing
problems with my upstream service. While the log started in February 18, we have had this problem for several
weeks and TDS is either unwilling or unable to fix it. There are more than 500 pages of connection errors in the
log.
We need reliable internet for our business. Please support the Broadband Service initiative.
Regards,
Michael Bertrand
Owner, Z Plates
1051 Lexington Lane
Broadband Public Comment
Estes Park, CO 80517
805) 490-6818
3/10/19 LOG:________________________________________
10:02 PM Good Stream is healthy
Stream health is excellent.
10:02 PM No data No active stream
YouTube is not currently receiving data for this
stream.
7:04 PM Good Stream is healthy
Stream health is excellent.
7:04 PM No data No active stream
YouTube is not currently receiving data for this
stream.
1:31 PM Good Stream is healthy
Stream health is excellent.
1:30 PM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
12:04 PM Good Stream is healthy
Stream health is excellent.
12:03 PM No data No active stream
YouTube is not currently receiving data for this
stream.
12:01 PM Good Stream is healthy
Stream health is excellent.
12:00 PM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
11:23 AM Good Stream is healthy
Stream health is excellent.
11:22 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
11:22 AM Good Stream is healthy
Stream health is excellent.
11:21 AM No data No active stream
YouTube is not currently receiving data for this
stream.
9:21 AM Good Stream is healthy
Stream health is excellent.
9:19 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
9:15 AM Good Stream is healthy
Stream health is excellent.
9:15 AM No data No active stream
YouTube is not currently receiving data for this
stream.
8:42 AM Good Stream is healthy
Stream health is excellent.
8:41 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
8:41 AM Good Stream is healthy
Stream health is excellent.
8:41 AM No data No active stream
YouTube is not currently receiving data for this
stream.
8:28 AM Good Stream is healthy
Stream health is excellent.
8:27 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
8:26 AM Good Stream is healthy
Stream health is excellent.
8:26 AM No data No active stream
YouTube is not currently receiving data for this
stream.
8:20 AM Good Stream is healthy
Stream health is excellent.
8:19 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
8:19 AM Good Stream is healthy
Stream health is excellent.
8:19 AM No data No active stream
YouTube is not currently receiving data for this
stream.
7:48 AM Good Stream is healthy
Stream health is excellent.
7:48 AM No data No active stream
YouTube is not currently receiving data for this
stream.
7:24 AM Good Stream is healthy
Stream health is excellent.
7:23 AM Bad Video output low
Broadband Public Comment
YouTube is not receiving enough video to maintain
smooth streaming.
7:22 AM Good Stream is healthy
Stream health is excellent.
7:22 AM No data No active stream
YouTube is not currently receiving data for this
stream.
7:20 AM Good Stream is healthy
Stream health is excellent.
7:19 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
6:50 AM Good Stream is healthy
Stream health is excellent.
6:50 AM No data No active stream
YouTube is not currently receiving data for this
stream.
6:47 AM Good Stream is healthy
Stream health is excellent.
6:46 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
5:40 AM Good Stream is healthy
Stream health is excellent.
5:39 AM No data No active stream
YouTube is not currently receiving data for this
stream.
5:39 AM Good Stream is healthy
Stream health is excellent.
5:39 AM No data No active stream
YouTube is not currently receiving data for this
stream.
4:52 AM Good Stream is healthy
Stream health is excellent.
4:51 AM Bad Video output low
YouTube is not receiving enough video to maintain
smooth streaming.
Broadband
DIANE MUNO <dianemuno@msn.com> Tue, Mar 12, 2019 at 11:38 AM
To: "townclerk@estes.org" <townclerk@estes.org>, "tjirsa@estes.org" <tjirsa@estes.org>, "cwalker@estes.org"
cwalker@estes.org>, "cbangs@estes.org" <cbangs@estes.org>, "mcenac@estes.org" <mcenac@estes.org>,
pmartchink@estes.org" <pmartchink@estes.org>, "kzornes@estes.org" <kzornes@estes.org>
Dear Mayor Jirsa, Mayor Pro Tem Walker, Trustee Bangs, Trustee Cenac, Trustee Martchink and
Trustee Zornes:
As a resident and downtown business owner of Estes Park, I encourage you to approve the $37
million bond for Broadband to the Estes Valley. The extensive gathering of data, information and
public comment was throughly vetted and the time is now to make this a reality. Thank you for your
continued courage to make the hard decisions.
Very truly yours,
Diane Muno
1868 Bradley Lane
Estes Park, CO
Owner:
The Christmas Shoppe
The Spruce House (landowner)
THEWHITE ORCHID
Broadband Public Comment
liz & jo's
Mobile 970-481-4498
Business Ph 970-586-2882
Fax 970-586-2964
PUBLIC WORKSMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: March 12, 2019
RE: Ordinance 03-19 Reenacting Chapter 9.18 of the Municipal Code of the
Town of Estes Park Relating to Micromobility Devices
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seeks Town Board approval of the attached ordinance governing the
comingling of small, human or electric-powered transportation devices with pedestrians
and automobiles on sidewalks, trails, and streets.
Present Situation:
The Model Traffic Code (adopted by ordinance in Estes Park) prohibits the use of
the electrical motor on an electric assisted bicycle when operated on a public
bike path or pedestrian path.
Private companies (such as Bird, Lime, Lyft, Razor, Spin, etc.) have flooded
some US cities with dockless Electric Mobility Scooters (EMS) in an effort to
deliver convenient, affordable, shared transportation devices for short distance
trips. These alternative modes have delivered benefits and disbenefits.
Neither state nor municipal law contemplated EMSs being used in the emerging
manners as transportation devices. Furthermore, state law treats EMSs as toy
vehicles which are prohibited on bicycle lanes and roadways.
The Town administration has expressed interest in potentially allowing ebikes on
some recreational trails and pre-emptively establishing regulations to prevent
problems experienced with EMSs in other municipal jurisdictions.
The proposed ordinance has been reviewed by the Estes Park Cycling Coalition,
citizen Transportation Advisory Board, and several guest attendees at numerous
monthly meetings dating back to June 2018. Their comments are incorporated.
131
Proposal:
The attached ordinance modifies the Estes Park Municipal Code to allow ebikes and
EMSs on most Town trails, roadways, and sidewalks.
Advantages:
Trail use is expanded to include a larger group of vehicles and users.
MDs remain prohibited on the Riverwalk, Elkhorn, and Moraine sidewalks where
pedestrian density too high to allow safe mixing with wheeled devices.
A speed limit of 6 mph is proposed where MD’s are comingled with pedestrians
on sidewalks and 15 mph on wider multi-use trails.
Expanding the legal use of MDs on the Town’s transportation network expands
affordable transportation options while potentially reducing the number of
automobiles on the roadway and their associated adverse environmental impacts.
Permitting and operational rules are proposed to prevent problems experienced
with large-scale rentals of EMSs documented in other municipal jurisdictions.
Disadvantages:
Encouraging MDs on trails, sidewalks, and roadways increases the potential for
more conflicts between travelers moving at disparate speeds. Increases in
personal injury accidents could be an expected outcome.
Expanded regulations can hinder expansion of commercial business ventures.
This is conceived as an honor-system proposal that does not include expanded
enforcement efforts to assure compliance.
Action Recommended:
Public Works staff recommends approval of the attached ordinance.
Finance/Resource Impact:
Approval of an MD ordinance may slightly increase the visitation and associated sales
tax revenue generation in Estes Park. Any demand for expanded enforcement of new
rules could result in additional costs to the Town General Fund.
Level of Public Interest
The known level of public interest in this item is low.
Sample Motion:
I move for the approval/denial of Ordinance #03-19.
Attachments:
Ordinance 03-19
132
ORDINANCE NO. 03-19
AN ORDINANCE REENACTING CHAPTER 9.18 OF THE MUNICIPAL CODE
OF THE TOWN OF ESTES PARK RELATING TO MICROMOBILITY DEVICES
WHEREAS, the Board of Trustees encourages alternative transportation modes
that are environmentally friendly, reduce society's dependence on fossil fuels, and
encourage more people to complete trips by environmentally-friendly modes of
transportation; and
WHEREAS, the Board of Trustees is committed to embracing new transportation
and mobility technology and desires to prepare for the safe integration of Electric
Mobility Scooters (EMSs) into the Town's transportation system and to ensure that the
use of EMSs as alternate modes of transportation contemplated by this ordinance is
safe, prudent, and in the best interest of all users; and
WHEREAS, neither state nor municipal law contemplated EMS devices to be
used in the emerging manner as a transportation device; and
WHEREAS, the state law currently treats EMSs as “toy vehicles” and, as such,
prohibits their operation in bicycle lanes or roadways; and
WHEREAS, EMSs are more akin to bicycles than toy vehicles given the speed at
which they travel, and
WHEREAS, Estes Park has a desire to govern the use of EMSs to respect safety
and infrastructure and to enact laws and rules that protect and provide guidance to EMS
operators, EMS suppliers, law enforcement, city officials, pedestrians, and the general
public; and
WHEREAS, the Estes Park Municipal Code does not permit electric assisted
bicycles to be operated on bicycle and pedestrian paths; and
WHEREAS, the Colorado General Assembly recently passed House Bill 17-
1151, which refines the definition of an Electric Assisted Bicycle and affords such mode
of transportation a presumption of allowance on bike and pedestrian paths in the state
unless a municipality provides otherwise; and
WHEREAS, the Board of Trustees wishes to implement House Bill 17-1151; and
WHEREAS, the Board of Trustees desires to amend the Town Code to prohibit
the rental of MDs without permits issued by the Town; and
133
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Chapter 9.18 of the Municipal Code is hereby repealed in its entirety
and replaced as forth on Exhibit A.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2019.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the day of , 2019 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2019, all as required by the Statutes of the State of Colorado.
TownClerk
134
EXHIBIT A
Chapter 9.18
Micromobility Devices
9.18.010 Definitions
a) Bicycle means a device propelled by human power upon which any one
1) or more persons may ride and which is composed of one (1) or more wheels. Bicycle
includes unicycles, tricycles, tandem bicycles, and pedicabs.
b) Electric assisted bicycle means a vehicle having two or three
wheels, fully operable pedals, and an electric motor not exceeding seven
hundred fifty (750) watts (one horsepower) of power, and conforming to one of
three classes as follows:
1) "Class 1 electric assisted bicycle" means an electrical assisted
bicycle equipped with a motor that provides assistance only when the
rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty (20) miles per hour.
2) "Class 2 electric assisted bicycle" means an electrical assisted
bicycle equipped with a motor that provides assistance regardless of
whether the rider is pedaling but ceases to provide assistance when
the bicycle reaches a speed of twenty (20) miles per hour.
3) "Class 3 electric assisted bicycle" means an electrical assisted
bicycle equipped with a motor that provides assistance only when the
rider is pedaling and that ceases to provide assistance when the
bicycle reaches a speed of twenty-eight (28) miles per hour.
c) Electric mobility scooter (EMS) means a stand-up scooter with two tandem
wheels, designed to transport only one person, and that is powered by an electric
propulsion system having a top speed of no more than twenty miles per hour.
d) Electronic personal assistive mobility device (EPAMD or segway) means a
self-balancing, two (2) nontandem wheeled device that is designed to transport only one
1) person; solely powered by an electrical propulsion system with an average power of
seven hundred fifty watts (one horsepower) with a maximum speed of less than fifteen
15) mph on a paved level surface.
e) Micromobility device (MD) means any small, human or electric-powered
transportation solution such as a bicycle, electric assisted bicycle, scooter, EMS,
EPAMD, rollerblades, skateboard, or any other small, lightweight vehicle that is being
used to move persons for recreational or point-to-point trips within public rights of way
or transportation easements
f) Multi-use path means those publicly owned and maintained trails, paths,
and rights-of-way not less than 8’ wide and designated as trails or paths in the Estes
135
Valley Master Trails Plan, as amended and on file in the office of the Community
Development Director and the Public Works Director.
g) Roadway means that portion of a public road improved, designed, or
ordinarily used for vehicular traffic, and exclusive of that portion of a road designed for
exclusive use of MDs or pedestrians.
h) Rollerblades means a pair of shoes or boots which have attached wheels
and allows the person wearing the boots to propel themselves along a surface.
Rollerblades includes roller skates and in-line skates.
i) Sidewalk means the public pedestrian walkway commonly less than 8’
wide, generally parallel to and situated within the adjacent public street right of way, and
maintained by the adjacent private property owners.
j) Skateboard means a device propelled by human or motorized power upon
which any person may ride, which is composed of one (1) or more wheels and upon
which is mounted a flat board or surface designed to carry one (1) person.
k) Toy vehicle shall mean any vehicle that has wheels and is not designed
for use on public highways or for off-road use. Toy vehicle includes, but is not limited
to, gas-powered or electric-powered vehicles commonly known as minibikes, "pocket
bikes", kamikaze boards, go-peds, and stand-up scooters except for EMSs as defined in
this Chapter. Toy vehicle does not include off-highway vehicles or snowmobiles.
9.18.20 Scope.
The provisions of this Chapter apply to micromobility devices (MDs) whenever
an MD is operated upon any public roadway, multi-use path, or sidewalk designated for
the use of an MD subject to the regulations contained herein. These regulations do not
apply to a toy vehicle, wheelchair, or any ADA Mobility aids/devices designed to assist
mobility impaired people who use pedestrian rights-of-way or multi-use paths.
9.18.030 Application of traffic laws.
a) A person operating an MD on a public roadway is granted all of the rights
and is subject to all of the duties applicable to the driver of a vehicle by the traffic rules
and regulations of the Town of Estes Park, except as to those provisions which by their
nature have no application.
b) Except as otherwise provided in this Chapter, the operation of MDs in the
Town shall be exempt from the provisions of ordinances that pertain exclusively to
motorized vehicles in the Town.
c) For purposes of operation, parking, and equipment, MDs shall be subject
to the applicable provisions of Sections 109, 221, and 1412 of the Model Traffic Code;
136
except where any specific provisions of this Chapter regulate operation and parking of
MDs.
9.18.040 Carrying articles.
It is unlawful for a person operating an MD to carry any package, bundle, or article that
prevents the operator from keeping full control of the MD at all times.
9.18.050 Riding in bicycle lanes, roadways, and sidewalks.
a) An MD may be operated in any bicycle lane or in the roadway. If no
bicycle lane is available, the MD may be operated on the sidewalk except where
restricted by this Chapter.
b) Persons operating an MD on a sidewalk in accordance with this Chapter
may not exceed a speed of six miles per hour and must yield to pedestrians at all times.
c) Persons operating an MD on a multi-use path in accordance with this
Chapter may not exceed a speed of 15 miles per hour and must yield to pedestrians at
all times.
d) It is unlawful for any person to operate an MD on a public roadway, bicycle
lane, sidewalk or multi-use path at a speed greater than is reasonable and prudent
under the conditions then existing or in excess of the posted speed limit.
e) This section does not apply to a uniformed Town, state, or federal
employee operating an MD while engaged in the discharge of his or her duties or to a
police officer operating an MD that is a marked or unmarked official police vehicle, while
engaged in the discharge of his or her official duties.
f) It is unlawful for groups of ten or more persons using MDs to operate as a
group within the Town on any public roadway, bike lane, sidewalk, or multi-use path.
9.18.060 Restrictions.
It is unlawful for any person to operate MDs in the following public areas:
a) The Riverwalk from the east portion of the pedestrian tunnel under US
Highway 36 west to the west boundary of Tregent Park.
b) The Riverwalk from West Riverside Drive south to Piccadilly Square.
c) All of George Hix Riverside Plaza.
d) All municipal parking lots and the parking structure (bicycles and electric
assisted bicycles excepted).
e) Performance Park (bicycles and electric assisted bicycles excepted).
137
f) Public sidewalks appurtenant to Elkhorn Avenue from 300 East Elkhorn
Avenue to and including 200 West Elkhorn Avenue.
g) Public sidewalks appurtenant to Moraine Avenue from 100 Moraine
Avenue to its intersection with Elkhorn Avenue.
h) The provisions of this Chapter limiting the use of MDs shall not apply to a
person with a mobility impairment caused by physical disability that uses the device to
enhance that person's mobility.
i) It shall be unlawful for any parent, guardian, or any adult to authorize,
assist, permit, or encourage any minor to operate any MD in violation of the provisions
of this Chapter.
j) It shall be unlawful to operate any toy vehicle on any public roadway. Toy
vehicles are permitted on sidewalks and multi-use paths where MD’s are allowed under
these provisions.
9.18.110 Commercial uses of micromobility devices.
a) It is unlawful for the owner of an MD to rent the MD to any person in the
Town unless the owner of the MD has obtained a business license from the Town in
compliance with the Municipal Code. Such rental services shall be operated from a
building physically located in the Town on land properly zoned for such rental hub
operations.
b) As a condition of the permit, the permittee shall: maintain the MDs in safe
working condition; ensure that all MDs are equipped with operational audible warning
devices at all times; require that all MD tour guides are properly trained and/or certified
operators; ensure that the MDs are operated in compliance with all applicable law;
provide certified helmets for the use of MD renters in compliance with Section 1502(4.5)
of the Model Traffic Code, and store the MDs securely indoors on the business property
when not in operation by customers/employees.
9.18.120 Administrative Rules.
To allow for safe integration of MDs on Town roadways, sidewalks, and multi-
use paths, the Town Administrator may prescribe, adopt, promulgate and
enforce reasonable rules that restrict or otherwise limit the time, place or manner of
operation or use of MDs.
138
TOWN CLERKMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: March 12, 2019
RE: Interview Committee for Family Advisory Board
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for the four positions open on the
Family Advisory Board.
Present Situation:
The Family Advisory Board is currently made up of eleven volunteer community members. The
Board has three appointments expiring in April 2019 and has received the resignation of Karen
Randinitis with a term expiring April 2020. Administrative Services has advertised the openings
and currently has received one application as of the date of this memo.
Proposal:
Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the Town
Board.
Advantages:
To move the process forward and allow interviews to be conducted of interested applicants.
Disadvantages:
None.
Action Recommended:
To appoint two Trustees to the interview panel for the Family Advisory Board openings.
Budget:
None.
Level of Public Interest.
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to the
Family Advisory Board interview panel.
139
140
ESTES PARK MUSEUMMemo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Frank Lancaster, Town Administrator
From: Derek Fortini, Museum Director
Date: March 12, 2019
RE: 2018 Museum Annual Report
Report:
2018 Goals Met
Pursue temporary community photography exhibit: “My Estes Park: Through the
Lens”
Continue fundraising for Collections and Research Facility (from September 2016
through December 2018, Friends received roughly $505,000 towards the goal of
1M)
Develop 5-year temporary exhibit schedule
Creation of display highlighting Museum at Visitor Center
Ensure financial contribution from Friends to support exhibits, programs,
collections, and marketing
Prepared hundreds of potential deaccession (the legal and ethical removal of
artifacts from a museum collection) items by cleaning and separating them from
permanent collection
o Applied for Federal Grant to enable hiring of Collections Deaccession
Assistant
Refine online collection metadata (continued since 2016)
Museum policy reviewed and updated
Digitize 1925-1952 newspapers with Estes Valley Library District (first step
completed in 2018, second step to be completed in 2019)
Revise Strategic Plan outline for 2019 initiatives and metrics
Moved roughly 22,000 artifacts from Main Museum to Annex (more details
below)
Explore utilization of Historic Fall River Hydroplant facility and Birch Ruins/Cabin
Review and evaluate Museum Scope of Services
Accept proposal to utilize 220 Fourth Street Facility
Install new signage on corner of Hwy 36 and 4th Street featuring Museum logo
Apply for State Grant to fund the stabilization, preservation, and interpretation of
the Birch Ruins
141
Develop a new Museum Brochure
Continue Downtown Walking Tour
Publicize online collection to further assist researchers
2018 Goals not met
Although still considered important, the following goals were not met:
Main Museum remodel started (to be completed in 2019)
Work with Estes Park Museum Friends & Foundation, Inc. to revitalize
membership program
While the building on 220 4th Street was given to the Museum to use as
necessary, it was not modified in 2018 to improve security and preservation (to
take place in 2019)
Move of roughly 8,000 artifacts from off-site Light and Power Warehouse to
Annex – started (to be completed in 2019)
Building of Oral History Recording Studio/media specialist position
Assist the Police Department with a new police history display in Town Hall
Replace signage for Cobb-Macdonald Cabin on Museum property
Add signage to the Historic Boyd Building on Museum property
Continue to offer annual Historic Tour
Completely process Estes Valley Library’s Local History Archives 2016 donation
Create a Collections Processing Manual
Create a Long-Range Collections Plan/Scope
Expand Marketing to include Visit Estes Park and other venues
Attendance Comparison
Venue 2014 2015 2016 2017 2018 Cumulative
2014-2018
Museum Gallery 5,120 4,277 4,653 3,533 3,6283 37,589
Meeting Room 3,415 3,220 3,140 902 100 9,965
Programs and Tours 2,6091 5,790 5,894 4,592 3,912 22,797
Hydroplant 1,377 1,703 1,247 1,176 1,007 6,510
Total 18,678 20,312 19,833 9,391 8,647 76,861
1. The 2014 drop in attendance at programs and tours can be directly linked to
changes in two programs normally hosted by the Estes Park Museum Friends
Foundation, Inc.
2. In order to better prioritize scopes of services, Policy 1202 Museum Fee
Philosophy was revised in August of 2017 to allow public rentals that last
longer than 5 consecutive days for $100 per day.
3. The Museum gallery was closed to prepare for the remodel project and to
move artifacts for April, May, October, November, and December in 2018. In
all, the gallery was open seven complete months.
142
2018 Collaborations:
Estes Park Museum Friends & Foundation, Inc.
Capital campaign for the Collections and Research Facility
o Sale of Paver Stones
Newspaper Digitization (see below)
Other Town of Estes Park Committees that Museum staff serve on:
Estes Park In Bloom Committee
Web Team
Insurance Committee
Customer Service Team
Volunteer Coordination Team
Estes Valley Library District
Digitized roughly 26 years-worth of local newspapers (1925-1952). This is a two-
year project (that will pursue newspaper publications beyond 1952 in 2020) with
a committal of $10,000 from the Estes Valley Library District and $10,000 from
the Estes Park Museum Friends & Foundation, Inc. These years should be
available on the Colorado Historic Newspaper website in 2019.
Museum Staff met with the following local clubs to discuss how to be the primary
location for their club history. This is a community collaboration with the club trying to
grow the collection and the Museum professionally caring for, and curating, the
collection. It would be ideal to expand this service to other local organizations if
Museum resources were expanded.
Summer Residents Association
Newcomers
League of Women Voters
Outside Funding Received in 2018:
Grants
o State Historical Fund awarded $24,675 to preserve ruins with masonry
work, enhance and better protect ruins by extending the walkway, and
interpreting the ruins and cabin with interpretive signage.
o Via the Estes Park Museum Friends & Foundation, Inc., the Museum
received $1,000 from the Denver Foundation for archival storage boxes
Estes Park Museum Friends & Foundation, Inc.
o Donated $13,000 to go towards exhibits, collections, programming, and
advertising expenses
o Donated $5,000 towards the digitization of newspapers in 2018 and
another $5,000 commitment for 2019
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Collections Comparison
2014 2015 2016 2017 2018
Acquisitions Donors 45 40 33 50 15
Items 4,8041 821 9522 8233 3004
Research Requests
utilizing the collection,
by staff or the public, to
answer history related
questions)
Research
Requests
94 87 61 145 87
Staff Hours
spent
researching
73 118 56 62 36
PastPerfect
Online searches
conducted
N/A N/A 2,081 3,514 3,408
1. There was a large donation of historic newspapers from the Trail Gazette.
2. This number will increase in the future as the Estes Valley Library’s Local History
Archive continues to be processed and accounted for as a 2016 donation. From
2017 to 2018 to the current report, the number of items increased from 896 to 952.
3. There was a discovery of a large backlog of donations with staff turnover in May
2017. This backlog dates back to some donations in 2013 and 2016. The 2017
donations will be fully processed upon completion of the backlog, so this is an
estimate of donations for 2017.
4. There was a hold in accepting donations during 2018, with a few exceptions.
2018 Collections Move
The Curator of Collections coordinated staff (all three Museum staff and 3-4 Events
Staff members for large cabinetry) and volunteers in moving the Museum’s onsite
collections materials (approximately 22, 000 artifacts, archival materials, textiles, and
photographs) from the main building to the Museum Annex in October 2018 to prepare
for the remodel of the main building. This included prepping materials to be moved,
limited inventorying, rehousing, cleaning work and storage spaces, and moving
cabinetry. Work continued on updating home locations in cataloging software,
separating potential deaccessions, and condensing space in cabinets and on shelving
units.
Work at the offsite storage collections facility was temporarily paused from September
through November 2018 to allow for the main museum storage move. In November,
staff began working at the Light and Power Warehouse to package, sort deaccessions,
clean, and move artifacts and cabinetry. This work will continue and be completed in
2019.
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Volunteer Comparison
Museum volunteers assist with tasks such as front desk and shop duties, tours,
programs, collections care, and exhibits. The main volunteer categories are: Front
Desk, Hydroplant Museum Docent, Downtown Walking Tour Docent, and Collections
Volunteer.
2014 2015 2016 2017 20181
Volunteers 47 44 47 45 40
Hours 4,250 3,914 4,423 3,239 1,456
1. In 2018, the total volunteer hours were affected by the closure of the Museum
gallery for 5 months out of the year. In the past, the gallery was open May-October,
Tuesday – Saturday, 10-4 and Sunday 1-4, and November – April, Friday and
Saturday 10-4 and Sunday 1-4. Volunteers are scheduled to covered the front desk
during these times.
Strategic Initiatives for 2019
Complete Birch Ruins/Cabin project with State Grant
Develop assessment of all historic structures the Museum is responsible for and
assess building use
Complete artifact move to Museum Annex (roughly 8,000 objects)
Complete digitization of newspapers from 1926 – 1952
Secure funding for digitization of newspapers from 1953-1965
Develop list of interviewees for oral history program/Update list of potential oral
history interviewees and begin tracking missed opportunities
Create temporary exhibit in Historic Boyd Building
Updates to Permanent Exhibit in conjunction with remodel completion
Evaluate appropriate level of programming, including:
o Number of Programs per year
o Offer repeating programs versus new subject matter
o Tours offered
o Off-site outreach/programming
Identify and budget future conference and staff development opportunities
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