HomeMy WebLinkAboutPACKET Town Board 2015-01-13
The 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.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, January 13, 2015
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
RESOLUTION OF RESPECT FOR SENATOR UDALL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Policy Governance Report
1. CONSENT AGENDA:
1. Town Board Minutes dated December 9, 2014 and Town Board Study Session
Minutes dated December 9, 2014.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee. December 18,
2014.
B. Public Safety, Utilities and Public Works Committee, January 8, 2015.
1. Intergovernmental Agreements for Dispatching Services for the Estes
Valley Fire District, Rocky Mountain National Park and Estes Park
Ambulance Service.
2. Consultant Agreement for GIS Services.
3. Consultant Agreement for Light & Power Cost of Service (Rate Study) and
Financial Plan.
4. Parks Division Reorganization.
4. Employment Agreement.
5. Estes Valley Planning Commission Minutes dated November 18, 2014
(acknowledgement only).
Prepared 1/5/15
*Revised 1/9/15
**Revised 1/12/15
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
6. Transportation Advisory Committee Minutes dated November 19, 2014
(acknowledgement only).
7. Parks Advisory Board Minutes dated November 20, 2014 (acknowledgement only).
8. Resolution #01-15 - Public Posting Area Designation.
9. Amended Energy Impact Assistance Fund grant for additional Estes Park Flood
Recovery Staffing - $155,388.
10. Victim Advocate Agreement for 2015 – 2017.
11. Resolution #04-15 for Signatory Authority for Department of Local Affairs Grants
and Programs.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. CONSENT ITEM:
1. CONDOMINIUM MAP, Supplemental Condominium Map #4, The Meadow
Condominiums, Units 9 & 10, 351 & 355 Kiowa Drive, Marys Meadow
Development, Inc./Owner. Planner Kleisler.
3. ACTION ITEMS:
1. RESOLUTION #02-15 SUPPORTING THE COMMUNITY CENTER. Administrator
Lancaster.
2. RESOLUTION #03-15 SUPPORT OF THE BROADBAND REFERENDUM.
3. PARK ENTRANCE MUTUAL PIPELINE AND WATER COMPANY PROJECT.
Director Bergsten.
4. DESIGN CONSULTANT AGREEMENT FOR DRY GULCH ROAD. Engineer Ash.
5. PUBLIC HEARING - GRANT AWARD FOR FISH CREEK MASTER PLAN
DEPARTMENT OF LOCAL AFFAIRS (DOLA) PLANNING GRANT. Director
Chilcott.
6. PUBLIC HEARING – GRANT AWARD FISH CREEK UTILITIES DOLA GRANT.
Director Bergsten.
7. APPOINTMENTS TO THE PRIDE AWARD SCHOLARSHIP REVIEW TEAM.
Administrator Lancaster.
4. REPORTS AND DISCUSSION ITEMS:
1. FALL RIVER AND FISH CREEK FLOOD RESILIENCY (MASTER) PLANS. Director
Chilcott and Walsh Environmental Scientists and Engineers.
5. ADJOURN.
TOWN ADMINISTRATOR
Frank Lancaster
Town Administrator
970.577.3705
flancaster@estes.org
MEMORANDUM
DATE: January 13th, 2015
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. Policy 3.3, Financial Planning and Budgeting requires
quarterly reporting of compliance in April, July, October and January.
Policy 3.3 states: “With respect for strategic planning for projects, services and activities
with a fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
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
3.3.1. The Town Administrator shall not allow budgeting which Deviates from
statutory requirements.
REPORT: The current budget and any proposed budget revisions have all been
prepared in compliance with applicable statutory requirements. I am
therefore reporting compliance.
3.3.2. The Town Administrator shall not allow budgeting which Deviates
materially from Board-stated priorities in its allocation among competing
budgetary needs.
REPORT: The current budget and any proposed budget revisions have all been
prepared in following the Board stated priorities expressed during the
budget adoption process. I am therefore reporting compliance.
3.3.3. The Town Administrator shall not allow budgeting which contains
inadequate information to enable credible projection of revenues and
expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
REPORT: The current budget was prepared with adequate information as
requested by the Board of Trustees. I am therefore reporting compliance.
3.3.4. The Town Administrator shall not allow budgeting which plans the
expenditure in any fiscal year of more funds than are conservatively
projected to be received in that period, or which are otherwise available.
REPORT: The current budget for all town funds do not contain any plans for
expenditures in any fiscal year of more funds than are conservatively projected to
be received in that period, or which are otherwise available. I therefore report
compliance.
3.3.5. The Town Administrator shall not allow budgeting which reduces
fund balances or reserves in any fund to a level below that established
by the Board of Trustees.
REPORT All Town funds, other than the General Fund, which are subject to this
provision are within the Board determined limits. The fund balance in the General
fund is anticipated to fall below the 25% level set by the board due to use of the
fund for emergency flood recovery expenditures. I have kept the Board informed
of the status of the fund balance and the use of funds for flood recovery and this
drop in fund balance is not unanticipated. I am therefore reporting conditional
compliance.
3.3.6. The Town Administrator shall not allow budgeting which Fails to
maintain a Budget Contingency Plan capable of responding to significant
shortfalls within the Town’s budget.
REPORT: The current budget includes appropriate contingency funding. I am
therefore reporting compliance.
3.3.7. The Town Administrator shall not allow budgeting which fails to
provide for an annual audit.
REPORT: The 2014 audit is planned to begin in the next quarter. I am therefore
reporting compliance.
3.3.8. The Town Administrator shall not allow budgeting which fails to
protect, within his or her ability to do so, the integrity of the current or
future bond ratings of the Town.
REPORT: Nothing in the current budget as adopted fails to protect the integrity of
the current or future bond ratings of the Town. I am therefore reporting
compliance.
3.3.9. The Town Administrator shall not allow budgeting which results in new
positions to staffing levels without specific approval of the Board of Town
Trustees. The Town Administrator may approve positions funded by
grants, which would not impose additional costs to the Town in addition
to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
REPORT: No new positions or additions to the staffing document have been
added without specific approval of the Board of Trustees other than temporary
positions or those grant positions that are 100% grant funded, as allowed by
adopted policy. I am therefore reporting compliance.
Town of Estes Park, Larimer County, Colorado, December 9, 2014
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 9th day of December, 2014.
Present: William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATION.
Mayor Pinkham presented a proclamation honoring the Colorado Mountain Outreach
Service Day and thanked them for supporting citizens affected by the 2013 flood.
PRESENTATION OF FINANCIAL REPORTING AWARD.
Finance Officer McFarland presented the Board with the Certificate of Achievement for
Excellence in Financial Reporting for the Comprehensive Annual Financial Report for
the fiscal year ending on December 31, 2013.
PUBLIC COMMENTS. None.
TRUSTEE COMMENTS.
Trustee Ericson stated the Transportation Advisory Committee met to discuss the
location of the parking structure located at the Visitor Center. The committee would
meet next week to discuss new bylaws and their focus for 2015. The Community
Development/Community Services Committee would meet on December 18, 2014 at
8:00 a.m. in the Board room.
Trustee Phipps commented the Planning Commission meeting for December has been
cancelled and the January meeting has been rescheduled for January 6, 2015 to review
modifications to the Wellness Center, AT&T tower, Backbone Adventure relocation and
Larkspur Road relocation.
Mayor Pro Tem Koenig informed the Board that Deadwood won the medium size rodeo
for 2014; however, the Rooftop Rodeo won the best medium size rodeo for the region.
Trustee Holcomb stated the Parks Advisory Board would meet on December 17, 2014
at 12:30 p.m. He recognized those that volunteer for Town citizen committees. These
citizen volunteers provide valuable advice to staff and the Board in decision making.
Trustee Norris commented the Public Safety, Utilities and Public Works Committee for
December has been cancelled. Visit Estes Park (LMD) Board would hold its next
meeting on December 16, 2014.
TOWN ADMINISTRATOR REPORT.
The Economic Development Council (EDC) received eight responses for a consultant to
assist with the development of a broadband response plan and six responses to
Board of Trustees – December 9, 2014 – Page 2
develop a strategic economic development plan. The EDC plans to hold interviews with
the top three responses for each in December. In order to have the consultants begin
work in January the EDC requests the Town Board authorize Mayor Pinkham to sign
the contracts. It was moved and seconded (Norris/Phipps) to authorize the Mayor to
sign the consultant contracts for the EDA grant to produce a broadband response
plan and to develop a strategic economic development plan for Estes Park, and it
passed unanimously.
1. CONSENT AGENDA:
1. Town Board Minutes dated November 25, 2014.
2. Bills.
3. Committee Minutes:
a. Community Development/Community Services, November 20, 2014,
Cancelled.
4. Estes Valley Board of Adjustment Minutes dated November 4, 2014
(acknowledgement only).
5. Clifton Larson Allen Engagement Letter – 2014 Financial Audit.
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda,
and it passed unanimously.
2. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP – FROM ROCKY MOUNTAIN DISCOUNT
LIQUORS INC. DBA ROCKY MOUNTAIN DISCOUNT LIQUORS TO KNH
I&E INC. DBA ROCKY MOUNTAIN DISCOUNT LIQUOR, 350 W.
RIVERSIDE DRIVE, RETAIL LIQUOR LICENSE. Town Clerk Williamson
presented the application to transfer the current retail liquor license. It was
moved and seconded (Koenig/Norris) to approve the Transfer Application
for a Retail Liquor License filed by KNH I&E, Inc., dba ROCKY
MOUNTAIN DISCOUNT LIQUORS, and it passed unanimously.
3. ACTION ITEMS:
1. ESTES VALLEY PLANNING COMMISSION APPOINTMENT.
Kathy Bowsers’ term expires on December 31, 2014 and she has confiremed
she would not seek reappointment. Administrative Services advertised for the
open position and a committee of Trustee Phipps, Mayor Pro Tem Koenig,
Planning Commission Chair Hull and Code Enforcement Officer Reichardt
interviewed two candidates on December 2, 2014. The interview team
recommended the appointment of Russell Schneider for a 4-year term. It was
moved and seconded (Koenig/Phipps) to appoint Russell Schneider to
the Estes Valley Planning Commission beginning January 1, 2015 for a
4-year term expiring on December 31, 2018, and it passed unanimously.
2. ESTES PARK BOARD OF APPEALS APPOINTMENT.
The Board of Appeals was modified in 2013 with the adoption of the 2009
International Building Code which requires 5 members with specific technical
qualifications. Five members were appointed with staggered terms. John
Spooner’s appointment expired in May 2014. Administrative Services
advertised the position and Mr. Spooner was the only application submitted.
Staff recommended foregoing additional advertisement for the technical
position and reappoint Mr. Spooner for an additional 5-year term. It was
moved and seconded (Norris/Koenig) to approve the reappointment of
Board of Trustees – December 9, 2014 – Page 3
John Spooner to the Board of Appeals beginning January 1, 2015 for a
5-year term expiring on December 31, 2019, and it passed unanimously.
3. RESOLUTION #34-14 - 2014 SUPPLEMENTAL BUDGET
APPROPRIATIONS. Finance Officer McFarland reviewed the supplemental
appropriation resolution allowing a municipality to authorize additional money
for a specific fund than was originally adopted. The requested supplemental
appropriations address both revenue and expenditure difference from the
approved 2014 budget. Examples include increase revenue from flood
related reimbursements, to the General Fund due to an increase in sales tax
revenues forecasted, from a pass-through grant from the EDC, and
Community Reinvestment increased due to the parking structure revenues.
There are eight funds out of 16 funds that have exceeded the original 2014
budget with most increases due to flood related costs, including the General
fund, Open Space and Community Reinvestment. It was moved and
seconded (Norris/Ericson) to approve Resolution #34-14 to Appropriate
Sums of Money to revise the 2014 Budget, and it passed unanimously.
4. RESOLUTION #35-14 INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF ESTES PARK AND COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE DEVOLUTION OF BUSINESS HWY 34
FROM MORAINE TO WONDERVIEW. Director Muhonen presented the IGA
in which CDOT would pay the Town $4.2 million in exchange for the Town
accepting ownership and perpetual maintenance responsibility for West
Elkhorn from Moraine Avenue to the Wonderview bypass. The funds are
anticipated to be used for the Town’s match for the Colorado Federal Lands
Access Program grant to realign downtown. Trustee Norris questioned if the
roadway would be overlaid by CDOT prior to the Town taking ownership.
Director Muhonen stated the roadway may be overlaid during the FLAP
project.
Charley Dickey/Town citizen questioned how the $4.2 million was derived and
he stated the wooden wheel bridge would be a major concern to the
businesses downtown. Director Muhonen stated the $4.2 million was
determined by what CDOT would save in not maintaining that roadway in the
future. He commented the conveyance of water is the concern and not the
bridge itself. This concern would be addressed by staff and future grant
opportunities.
After further discussion, it was moved and seconded (Norris/Ericson) to
approve Resolution #35-14 with the correction of the written dollar
amount and the removal of the text from the third whereas after the
dollar amount, and it passed unanimously.
5. ESTES PARK TRANSIT HUB PARKING STRUCTURE.
Director Muhonen stated the Town advertised for bids to build a grant funded
parking structure at the Visitor Center. Four bids were received and opened
on November 25, 2014. Three of the four bids were disqualified due to
technical irregularities. All bids exceeded the available funds budgeted for the
project. Public Works recommends the Town reject all the bids and
authorizes staff to reevaluate the feasibility of relocating the proposed parking
structure on the parking lot south of the Visitor Center. The new location
would allow for 200 new parking spaces with an increase in construction cost
of approximately 11%, decrease the cost per parking stall, reduce risk of
accidents, increase in accessibility for both the shuttles and visitors, and
decrease the visual impact by setting the parking structure below grade.
Corey LaBianca/Transportation Advisory Committee Vice Chair reported the
committee would support staffs’ recommendation to reject all bids for the
north parking lot location, forego rebidding the project on the north, proceed
with evaluating the feasibility of a transit hub on the south lot, and develop a
Board of Trustees – December 9, 2014 – Page 4
parking master plan. If a parking structure cannot be built to the design
guidelines established, the committee would recommend not building it at all.
Director Muhonen stated Walker Parking would redesign the parking structure
on the south lot and bring back the redesign to the public for comment. If
approved by the Board, staff would move forward with the NEPA study for the
south location and redesign in parallel.
It was moved and seconded (Koenig/Ericson) to approve staff’s and the
Transportation Advisory Committee recommendation to reject all bids
opened November 25, 2014 for the Estes Park Transit Hub Parking
Structure and commence the feasibility analysis for relocation of the
parking structure to the south parking lot at the Visitor Center campus,
and it passed unanimously.
6. INTERGOVERNMENTAL AGREEMENT WITH PLATTE RIVER POWER
FOR SUBSTATION MAINTENANCE. Director Bergsten presented an IGA
with Platte River Power Authority for the maintenance of the SCADA system
at the substation. This would reduce costs and improve reliability. It was
moved and seconded (Nelson/Norris) to approve the Town entering into
the Intergovernmental Agreement for SCADA services with Platte River
Power Authority, and it passed unanimously.
7. SPECIAL EVENT VEHICLE REPLACEMENTS - G105A, G117 &G126.
Staff proposed the replacement of three Special Event trucks with two 2015
Ford F550. The vehicles would be purchased from Spradley Barr of Greeley
for a total cost of $86,628 after trade-in value. It was moved and seconded
(Koenig/Nelson) to approve the Town purchasing two 2015 Ford F550s in
the amount of $86,628.00 to replace the three retired trucks for the
Special Events division, and it passed unanimously.
8. SUPPORT FOR 2015 ROCKY MOUNTAIN NATIONAL PARK ENTRANCE
FEE SCHEDULE. A letter of support for Rocky Mountain Park entrance fee
schedule was reviewed by the Board. It was moved and seconded
(Ericson/Norris) to approve the letter of support for the 2015 Rocky
Mountain National Park Entrance Fee Schedule, and it passed
unanimously.
4. REPORT AND DISCUSSION ITEMS:
1. 3RD QUARTER FINANCIAL REPORT.
Finance Officer McFarland reviewed the 3rd quarter sales tax and financial
report stating sales tax is up 13.2% over 2013 and 11.8% ahead of 2014
budget. General fund expenditures are ahead of budget due largely in part to
flood recovery efforts. All other funds are operating within expected
parameters. The Community Reinvestment and Open Space funds have not
expended funds as expected on projects such as the parking structure, FLAP
grant or flood recovery repairs due to the need to complete design or NEPA
process. Despite the devastation caused by the flood, the Town continues to
maintain a good financial position. Staff would continue to monitor the Town’s
financial position closely.
Whereupon Mayor Pinkham adjourned the meeting at 8:47 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, December 9, 2014
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of
the Town of Estes Park, Larimer County, Colorado. Meeting held at Town
Hall in Rooms 202/203 in said Town of Estes Park on the 9th day of
December, 2014.
Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris, and Phipps
Attending: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris, and Phipps
Also Attending: Town Administrator Lancaster, Town Attorney White, and
Deputy Town Clerk Deats
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
TRUSTEE COMMENTS & QUESTIONS.
Trustee Ericson requested that the Town Board agenda be rearranged to allow the
Board to hear Finance Officer McFarland’s third quarter financial report prior to hearing
and voting on 2014 supplemental budget appropriations.
Trustee Norris commented on information gathered through Estes Park Caregiver
Support Focus Groups distributed by the Larimer County Office on Aging. He said the
report reinforces the need for affordable housing in Estes Park.
FUTURE STUDY SESSION AGENDA ITEMS.
Review of the Accelerated Development and Design Process Used for Parking
Structure will be completely removed from the list of Future Study Session
Agenda items.
International Property Maintenance (Dangerous Buildings Code) First Draft
Review scheduled for January 27, 2015, will be removed from that date and
moved to “approved but not scheduled” status. This item will be moving forward
in conjunction with the proposed approval of the full building code later in 2015.
Discussion of Procedures for the Board on Liquor License Agenda Items will be
scheduled for the first Study Session in January. (January 13, 2015)
Mayor Pro Tem Koenig requested a discussion about adding to the purse sizes
for Rooftop Rodeo events. She stated an increase to the purse may keep good
cowboys returning to compete in the Rooftop Rodeo. The discussion will be held
on January 13, 2015, and representatives from Western Heritage will be present
to speak to their desire to raise the purses by a maximum total of $26,000. Staff
will also weigh in on the proposed increase. (January 13, 2015)
Monthly Town Financial Reports will be removed from the list of items for Board
consideration. The Board discussed having Finance Officer McFarland provide a
summary report of the Town’s bills on a monthly basis at the second study
session of the month in lieu of receiving copies of the expenditure approval list in
each Town Board packet. Rather than making this a standing agenda item at
this time, the Board requested that staff present the monthly summary report on
a trial basis at the second study session in January, after which the Board can
determine whether or not it should be included as a standing item on study
session agendas. (January 27, 2015)
Sign Code 101 will be presented by Director Chilcott at a February Study
Session.
Town Board Study Session – December 9, 2014 – Page 2
Update on status of Museum and Collection Storage Facility will be held the
second Study Session in February. Directors Winslow and Fortini as well as
Utilities Department staff will be involved in the discussion. (February 24, 2015)
Discussion of Proposed Bear (wildlife) Ordinance Changes will be scheduled for
February 24, 2015.
Review of Draft Policy on Public Forums will be scheduled for the first Study
Session in March. (March 10, 2015)
Discussion of Community Services Grants will be moved to a March timeframe.
Urban Land Institute Report Discussion will be scheduled for the second Study
Session in March. (March 24, 2015)
Discussion of five year plans for infrastructure will be scheduled for the second
Study Session in April. (April 28, 2015)
Discussion of How to Better Involve and Reach Out to the Hispanic Members of
the Community will be scheduled for April or May 2015.
Town Financial Policy will remain unscheduled as staff determines when this
item will be ready for review.
DISCUSS BOARD POLICY 1.4.7.2 AND TRUSTEE PARTICIPATION IN COMMUNITY
COMMITTEES AND GROUPS – CONSISTENCY IN INTERVIEWING FOR
APPOINTMENTS.
Town Administrator Lancaster noted that section 1.4.7.2 of the Policy Governance
process is vague as it relates to assignments made by the Mayor and/or the full Board
of Trustees. Mayor Pinkham noted his preference would be for the policy to require
special assignment appointments be vetted and approved by the full Board rather than
allowing for the mayor to make the appointment and provide notification to the Board.
He said it is important to appoint the best person to an assignment based on interest,
knowledge, qualifications, and also to spread assignments among Board members to
provide for opportunities and learning experiences.
The Board discussed the role of liaison which is defined within the policy, as opposed to
serving as a participating and voting member on a non-Town committee or board.
Discussion is summarized: a liaison to a board or committee is not a voting member;
liaison is an observer not a participant; liaison attends meetings in order to report to the
full Town Board; liaison would be able to remain an impartial member of the Town
Board; can a participating/voting member of an outside board or committee remain
impartial and fulfill duties as a Town trustee?; there is a separation between activities in
personal life and responsibilities as a Town trustee; it is possible to be a member of an
organization and still represent what is best for the Town as a trustee; the individual
should state to the organization whether he/she is representing the Town or is serving
as an individual; and is the member of the board or committee representing the Town?,
if not it is personal and has nothing to do with the role of trustee.
Town Administrator Lancaster stated that when serving in a quasi-judicial capacity, the
Board must remain impartial, however, when making legislative decisions there is no
expectation of impartiality. Attorney White said that the Town cannot restrict individuals
from participating in anything they want to do; individual rights are not relinquished
when elected to the Board of Trustees.
Town Administrator Lancaster said he will change the policy to state that special
assignments, and any appointment that involves representation of the Town in an
official capacity, will require approval by the full Board of Trustees. A revised draft of
the policy will be brought before the Board for consideration at the first Town Board
meeting in January.
The Mayor recessed the meeting for a dinner break at 5:52 p.m.
The meeting resumed at 6:05 p.m.
Town Board Study Session – December 9, 2014 – Page 3
2014 OBJECTIVES UPDATE.
Town Administrator Lancaster gave an update on the status of the Board of Trustees
objectives that had been defined for 2014. He noted that the September 2013 flood
changed the schedule for some of the items resulting in less progress than originally
expected. These items included the revision of regulations and codes; studies related
to the extension of the Fall River Trail; the Comprehensive Plan update; the capital
planning process; the evaluation of potential required changes to radio frequencies;
evaluation and prioritization of Transportation Visioning Committee signage
recommendations; and updates to Board and Administrative policies.
2014 Objectives that were met and are ongoing include: participation in local, regional,
and state economic development; the MPEC and stall barn; marketing plan for the
MPEC; scheduling an election to exempt the Town from the provisions of SB-152;
developing a strategy to evaluate, retain and recruit special events; establishment of
emergency public advisory radio station; citizen’s survey; voter approval of sales tax
increase; and preventative maintenance on Town streets.
Work is also ongoing on: the visitor’s center parking structure; defining Town’s role in
community housing issues; developing a policy for accepting public art; options for the
Glacier Creek Water Treatment Plant; capitalizing on fiber infrastructure; repairs to flood
damaged utilities and roads; remediation plan for Elm Road landfill; restoration of
damaged streams and redefining flood plains; participation in Rocky Mountain National
Park 100th anniversary; and FLAP grant project requirements.
Additional comments included:
Utility repairs are driving the schedule for the repairs to Fish Creek Road.
Reestablishing a crossing of the creek at Brodie Avenue is in consideration to
help with traffic congestion near the schools, however, sewer line issues in that
area must be resolved before Brodie Avenue can be repaired.
In regard to FLAP, the focus groups currently being held are part of the NEPA
process and are not focusing on the entire project.
The proposed relocation of the Parking Structure to the south side of the river
may result in a NEPA study process of approximately six to nine months.
2015 FUNDING FOR SCOTTISH/IRISH HIGHLAND FESTIVAL AND VISIT ESTES
PARK.
Requests for funding for both the Scottish/Irish Highland Festival and Visit Estes Park
(VEP) were received after the preparation, public hearing and adoption of the 2015
budget. The Scottish Festival is requesting that the Town raise their level of support
from $35,000 to $55,000; and VEP is requesting $25,000 to be used for event
promotion at the Estes Park Event Center. Town Administrator Lancaster stated that
additional funding for the groups would likely have to be taken from fund balance,
thereby reducing the existing level of fund balance for the Town.
Mayor Pinkham provided background on the Scottish/Highland Festival. He said that
the event started in 1976 and has grown from a small gathering at the high school
football field to the large event it is today. He said the Town currently funds the event in
the amount of $35,000, which pays for lodging at the YMCA for the bands and military
units that perform at the festival. Despite numerous requests in the past for additional
funding, the Town has not raised its level of support. In addition to the $35,000 for
lodging, the Town provides in-kind services to the festival by providing seven to eight
employees to help with the festival and allows the festival to use Town facilities for the
event free of charge. Mayor Pinkham suggested meeting with Dr. Durward, President
of the Longs Peak Scottish/Irish Highland Festival, Inc., to discuss the Town’s role and
level of involvement in the festival and to consider areas where cost savings can be
realized. Director Winslow noted that the Scottish/Irish Highland Festival is a well-
established event that brings value to the Town and said providing more in-kind
services for the event could be budget relieving for the festival. He said there may be
Town Board Study Session – December 9, 2014 – Page 4
areas where additional manpower could be utilized to help with expenses such as in the
ticketing and entry gate procedures, however, this may require seasonal employee
contracts to be extended to encompass the festival dates and would have an impact on
the Town’s budget. Staff will schedule a meeting with Dr. Durward in the upcoming
months to discuss ways in which the Town may be able to assist with the festival.
In regard to the request for $25,000 from Visit Estes Park, CEO Elizabeth Fogarty
specified in the request that the additional funds would be used for the promotion of
events at the Estes Park Event Center facility. The Board requested that staff work with
VEP to draft an agreement for the use of the additional funds to be brought before the
Board at the January 13, 2015, Town Board meeting.
DISCUSS USE OF FUNDS FROM HOUSING AUTHORITY LOAN REPAYMENT.
In recent weeks, the Estes Park Housing Authority (EPHA) fully repaid the loan EPHA
received from the Town of Estes Park for the purchase of the Pines apartment complex.
The Board briefly discussed the use of the repaid funds to invest in and support
affordable housing and potentially applying the funds toward the water tap fees for the
Falcon Ridge project. Town Administrator Lancaster pointed out that the original loan
monies came from the Catastrophic Loss Fund (which has since been rolled into the
General Fund) and the Water Fund. Therefore, approximately $44,000 of the
repayment is General Fund money. Eric Blackhurst, EPHA Board Chair noted that for
past projects the tap fees were not waived, but rather paid to the Water Department by
the Town. Town Administrator Lancaster will meet with EPHA staff to discuss utility
fees for the Falcon Ridge project and the use of that portion of the funds being paid
back to the General Fund. He will bring details of this discussion back to the Board in
January 2015.
There being no further business, Mayor Pinkham adjourned the meeting at 6:56 p.m.
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, December 18, 2014
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
18th day of December, 2014.
Committee: Chair Ericson, Trustees Holcomb and Phipps
Attending: Chair Ericson, Trustees Holcomb
Also Attending: Town Administrator Lancaster, Director Chilcott, Manager
Mitchell, Special Event Coordinator Jacobson, Shuttle
Coordinator Wells, Director Fortini and Deputy Town Clerk
Deats
Absent: Trustee Phipps
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Senior Services Quarterly Report –
o Kelly Claypool and Diana Laughlin are professionally trained instructors
for the grant-funded N’ Balance courses. The program is part of a national
fall-prevention initiative. The fall session held at the Senior Center was a
success and received good feedback from participants. Three sessions of
the course will be held during 2015. Enrollment rosters for the upcoming
classes are full with waiting lists.
o The Meals on Wheels Program received a grant of $1,325 in 2014 from
the Colorado Senior Pro Rodeo Charity Association (CSPRCA). Since
2012, $5450 has been donated to the Meals on Wheels program by the
CSPRCA.
o Overall attendance numbers at drop-in and planned programs at the
Senior Center have increased 19% over 2013.
o Events held at the Senior Center this year have been collaborative efforts.
Partnering organizations include but are not limited to: Families for Estes
(FFE); Families and Seniors Together (FAST); Park School District
students; AmeriCorps; Sunrise Rotary; and numerous volunteers from the
community.
o Medicare Counseling – Sessions are held year ’round on a monthly basis
on topics such as the basics of Medicare, how to navigate the Medicare
system, and prescription drug plan counseling.
o Estes Park Senior Citizens Center, Inc., has a membership of 570 and will
be holding their annual meeting on Tuesday, January 13, 2015, at 1 p.m.
at the Senior Center.
November/December Event Report –
o Alison Gdovicak, Events Coordinator, was introduced as the newest
member of the Special Events staff.
o Attendance numbers for the Fall Back Beer Festival tripled the numbers
from last year. Ticket sales indicated 1000 individuals attended the event.
o A new event, Santa’s Workshop, was initiated this year on the Saturday
and Sunday after Thanksgiving. Attendance was way higher than
expected with approximately 650 people on Saturday alone. Staff
estimates 80% of the attendees were families from out of town who spent
Community Development / Community Services – December 18, 2014 – Page 2
the weekend in Estes Park. The event will be scheduled for 2015 as well.
o Holiday Shop-a-thon and Scavenger Hunt is scheduled for the weekend of
December 19-21, 2014. 12 merchants are participating in the scavenger
hunt.
o Estes Park Winter Fest will return on January 16-19, 2015. Visit Estes
Park, the Kiwanis Club, the Recreation District, Families for Estes, the
Rotary Clubs and a variety of non-profits are teaming up to make this
event a community effort.
o A gymnastics event is scheduled at the Event Center in April 2015, and a
health living event is scheduled for September. Sporting groups such as
volleyball, indoor cheering, and jump rope organizations have shown
interest in the venue, but have not yet scheduled events.
Shuttle Update –
o Inclusion of the ridership numbers for the Tinsel & Tavern event on
December 13th brought the year to date total ridership to over 90,000,
which compares closely to 2013 totals.
o It is estimated that 30% of the ridership in the summer months are local
people, with a much higher percentage being guests to Estes Park on
weekends and for events.
o An additional trolley may be added to the fairgrounds route for 2015.
o Shuttles will again run on Memorial Day weekend and for the Wool Market
in 2015, with the 2015 summer shuttle schedule remaining basically the
same as the 2014 schedule.
Verbal Updates –
o In response to a question at a previous CDCS Committee meeting about a
downward trend in attendance numbers at the museum, Director Fortini
provided additional information to help clarify the situation. He said the
main difference in totals for 2013 vs. 2014 was attendance at the Coolest
Car Show. The event usually draws approximately 4,000 people,
however, in 2014, only 750 people attended. He said the numbers of
events at the museum have increased and the attendance numbers are
going in the right direction overall.
o Some of the new, non-traditional museum programs such as the Two-
Wheel History Tour received positive comments from participants. New
events need time gain an audience and must be given an opportunity to
grow.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Verbal Updates –
o A Board of Appeals organizational meeting is scheduled for Thursday,
January 8, 2015. Adoption of bylaws and election of officers will occur as
well as initial discussion about the 2015 international building code
adoption.
o The Stanley Wellness Center application was withdrawn pending review of
structure heights.
o Grant applications and letters of intent are being prepared for submission
for the next round of disaster recovery funds. These deadlines occur in a
January/February time frame.
o Newly hired planner, Tina Kurtz, will begin work full-time on January 5,
2015.
o Community Development and Public Works staff are looking at physical
improvements and mitigation projects for the downtown area that will keep
the downtown corridor from being included in the floodplain which will help
Community Development / Community Services – December 18, 2014 – Page 3
to keep insurance rates lower on these properties. Mitigation projects are
also being developed for stream and river bank restoration at the Town’s
Fish Hatchery property.
o Sign Code Attorney Randall Morrison will present “Sign Code 101” at the
February 10, 2015, study session. It will provide the basics in sign code
law before revisions to the sign code begin. The Trustees will also
discuss making sure that the sign code supports changes that may be
proposed for the downtown corridor, as well as the scope of the sign code
revisions and/or rewrite.
o Work on floodplains is ongoing. Typically, it takes three to five years after
a flood event before floodplain maps are revised. This time frame will
provide an opportunity for mitigation projects to be identified and
completed.
There being no further business, Chair Ericson adjourned the meeting at 9:10 a.m.
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, January 8, 2015
Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC
WORKS COMMITTEE of the Town of Estes Park, Larimer County,
Colorado. Meeting held in the Town Hall in said Town of Estes Park on the
14th day of March, 2013.
Committee: Chair Norris, Mayor Pro Tem Koenig and Trustee Nelson
Attending: Chair Norris, Mayor Pro Tem Koenig and Trustee Nelson
Also Attending: Chief Kufeld, Directors Bergsten and Muhonen, Engineer
Ash, Manager McEachern, and Deputy Town Clerk Deats
Absent: Town Administrator Lancaster
Chair Norris called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
PUBLIC SAFETY.
INTERGOVERNMENTAL AGREEMENTS FOR DISPATCHING SERVICES FOR THE
ESTES VALLEY FIRE DISTRICT, ROCKY MOUNTAIN NATIONAL PARK AND
ESTES PARK AMBULANCE SERVICE.
Chief Kufeld reported that prior to 2010, external entities such as the Fire District, the
ambulance service, and Rocky Mountain National Park were not billed for dispatching
services provided by the Town of Estes Park Communications Center. In 2010 the
Police Department began billing its external customers based on their call load.
Intergovernmental Agreements (IGA) for Dispatching Services have been prepared to
update and formalize these arrangements with the Estes Valley Fire Protection District
(EVFPD), the Estes Park Ambulance Service, and Rocky Mountain National Park
(RMNP). Each IGA has been reviewed and approved by the respective entities, and
has also been reviewed by Town Attorney White. The agreements are for a three year
period. The Committee recommended approval of the IGAs with the EVFPD,
RMNP, and the Estes Park Ambulance Service as an item on the consent agenda
at the January 13, 2015, Town Board meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Verbal Updates –
o The encryption of the 800 megahertz radios which went into effect in October
2014 has been working well and no complaints have been received by the
Police Department. The encryption has eliminated members of the public
following police officers to calls or arriving at locations prior to the officer’s
arrival, resulting in a higher level of safety for both the officers and members
of the community.
o Chief Kufeld reported that no additional complaints have been received
related to hunting near Dry Gulch Road. He noted that staff had followed-up
on the topic with the Division of Wildlife (DOW) and Larimer County. The
area is outside of the Town’s jurisdiction, however, the Police Department will
be proactive regarding education but will not overstep the DOW’s authority
related to hunting rules and regulations.
UTILITIES.
CONSULTANT AGREEMENTS FOR GIS SERVICE.
Supt. Lockhart said that the use of GIS technology over the past three years has helped
Public Safety/Utilities/Public Works Committee – January 8, 2015 – Page 2
the Light & Power Division to identify and pinpoint the locations of outages resulting in
much faster response and repair timelines. It has also enabled staff to update the Light
& Power service areas when unmapped locations are discovered. A Request for
Proposals (RFP) for GIS services was issued in November 2014, with 14 responses
received. The proposals were ranked based on qualifications with the top three firms
being:
InVision GIS, LLC $40 to $100/hr
Burns & McDonnell $131to $225/hr
Merrick & Company $96.89 to $159.21/hr
The Town has a good working relationship with InVision GIS, LLC and staff is
recommending the selection of InVision GIS, LLC to provide GIS services at the rates
specified above. The 2015 budget includes funds for GIS services in the following
accounts: 502-6301-540-22-24, 503-6300-540-22-24, and 625-2500-425-22-24. The
Committee recommended approval of an agreement with InVision GIS, LLC, as
described above as an item on the consent agenda at the January 13, 2015, Town
Board meeting.
PARK ENTRANCE MUTUAL PIPELINE AND WATER COMPANY PROJECT.
The Park Entrance Mutual Pipeline and Water Company (PEMPWCo) is requesting
consideration of merging their private water system with the Town’s water distribution
system. Director Bergsten disclosed that William Pinkham is the registered agent for
PEMPWCo and, therefore, Mayor Pro Tem Koenig would be signing any official
documents related to the proposed project. This project would replace the aging water
distribution system currently serving approximately 19 homes in the Park Entrance
Estates Block One subdivision. If approved by the Town Board this joint venture would
likely be a two to three year project and require that the Town apply for a grant to set up
a preliminary engineering report which is required to have access to federal monies. A
Special Improvement District (SID) would be established making loan monies through
the EPA’s Clean Water State Revolving Fund available. Repayment of the loan would
be the obligation of the property owners within the SID. The project supports the
Town’s mission to provide high quality, reliable services to the community while being
good stewards of public resources. Staff is open to this arrangement provided the
existing Town water customers do not subsidize the arrangement or take on the liability
of PEMPWCo’s aged distribution system. Director Bergsten noted that if the proposed
project is approved and completed, the Town would take ownership of the distribution
system. Director Bergsten indicated that there are several other private water
distribution systems in the Estes valley including, but not limited to, the Fish Creek
Water Association and the Prospect Mountain Water Company that may be interested
in similar arrangements in the future. Chair Norris requested a complete list of these
private water systems be provided to the Town Board. The Committee recommended
the full Town Board have an opportunity to discuss this topic as an action item at
the January 13, 2015, Town Board meeting.
CONSULTANT AGREEMENT FOR LIGHT & POWER COST OF SERVICE.
Director Bergsten said that the Town of Estes Park conducts rate studies every three
years. A Request for Proposal (RFP) for a consultant to perform a rate study for Light &
Power was issued in November 2014. Two proposals were received with staff selecting
HDR Engineering as the successful candidate based on their proposal and
understanding of the existing rate structures. HDR has previously conducted rate
studies for the Town. Staff proposes moving forward with a contract with HDR
Engineering in the amount of $39,000, for a Cost of Service (Rate Study) and Financial
Plan. The Committee recommended approval of an agreement with HDR
Engineering for a Cost of Service and Financial Plan at a cost of $39,000, from
account #502-6501-560-22-89, as an item on the consent agenda at the January
13, 2015, Town Board meeting.
REPORTS.
Public Safety/Utilities/Public Works Committee – January 8, 2015 – Page 3
Reports provided for informational purposes and made a part of the proceedings.
1. Water Master Plan – Staff is reviewing the consultant’s first draft of the Water
Master Plan. The report points out that the Town has plenty of water, however,
the usability of the water is dependent upon how the water is managed. It
indicates that system reliability could be improved to eliminate the risks that
would occur if a watershed was compromised. The report includes projections
related to population growth, demand capacity and how to manage when one of
the treatment plants is inoperable. Future projects are necessary in order to be
able to guarantee an adequate, clean and reliable water supply. If projects are
not undertaken in the future, mandatory restrictions and conservation may need
to be implemented. Director Bergsten said providing redundancy within the
system is the best approach.
2. Verbal Updates –
o Flood Repair and Reconstruction – Grant monies have been received to
fund replacement of utilities to pre-flood standards: 75% from FEMA,
12.5% from the State of Colorado, and 12.5% from the Department of
Housing and Urban Development (HUD). Since the Town is making
upgrades to the pre-flood system, these improvements will be made at the
Town’s expense.
o IT Update – Upgrades have been made to the internet service utilized by
the Police Department staff in the squad cars. Firewalls have been
replaced with modern, robust components increasing security, and a web
content filtering system has been installed.
PUBLIC WORKS.
PARKS DIVISION REORGANIZATION.
Manager McEachern outlined a plan to reorganize the Parks Division in light of changes
related to the retirement and resignation of staff members. The proposed changes
would create a half-time position Maintenance Worker III (Horticulturist) and a full- time
Maintenance Worker II (Horticulturist). In addition the current Maintenance Worker III
(Arborist) position would be changed to a Maintenance Worker II (Arborist). An analysis
of the changes results in a potential savings to the 2015 budget of $2872. The
reorganization retains the Town’s investment in professional and technical training,
continues the Town’s momentum in the America in Bloom program, and offers career
advancement opportunities to employees. The Committee recommends the Parks
Division Reorganization be included as an action item on the January 13, 2015,
Town Board agenda.
DESIGN CONSULTANT AGREEMENT FOR DRY GULCH ROAD.
Dry Gulch Road consistently receives the lowest ratings on the pavement index scale.
A project to repair/replace the road has been delayed in the past due to a lack of
funding. Engineer Ash said that the 1% increase to sales tax is now providing a
revenue stream to fund needed improvements. Public Works staff moved forward with
a Request for Proposal (RFP) for design services for the improvement project and
seven proposals were received. Subsequent to staff review, the Farnsworth Group was
chosen as the most qualified firm based on: client references and previous experience,
adequacy of proposal to meet project scope, qualification of staff, availability of staff and
schedule, and fee and hours. Staff is looking for a firm to perform detailed evaluations
to determine the best options for the project. Cornerstone Engineering and Surveying
was rated third during the staff review, however, based on selection criteria, their need
to add consultants to their team, and a higher fee, they were not selected. A project
design budget not to exceed $200,000, will be funded from the newly created Street
Improvement Fund. This figure includes a 16% contingency. The Committee
recommends the Design Consultant Agreement for Dry Gulch Road be included
as an action item on the January 13, 2015, Town Board agenda.
Public Comment:
Mike Todd, Cornerstone Engineering and Surveying, said that his firm has been in
Public Safety/Utilities/Public Works Committee – January 8, 2015 – Page 4
business for the past 14 years here in Estes Park and members of Cornerstone staff
have been working in Estes Park for 30 years. He noted that he and his staff live in the
community and support the local economy and school district by shopping at local
stores and sending their children to Estes Park schools. He noted that numerous recent
Town projects have gone to out-of-town companies and inquired what can be done to
keep these projects local. He said he is not disputing the selection of Farnsworth Group
for the Dry Gulch Road project, as Cornerstone does not have the same depth of
resources. The Committee noted that the Town has a policy to give preference to local
firms. Director Muhonen noted that this preference was considered during the selection
process and said that staff will speak with Cornerstone regarding their proposal review
and evaluation.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Verbal Updates –
o Osmun Construction was hired to perform flood repair work on 22 sites
throughout Estes Park. Due to winter weather conditions and frozen
ground, these projects are on winter shut down and will resume in the
spring.
o Fish Creek flood repair work is broken into two parts with the utility work to
be done first. The second phase is the roadway and trail. Preliminary
designs have been submitted to FEMA for review with comments due
back on January 16, 2015.
o A consultant working for Central Federal Lands will be surveying the
downtown area related to the Downtown Estes Loop. The two-man crew
will be gathering topographical information to begin preliminary design
work on the alternatives.
o During a recent meeting related to the proposed transit hub parking
structure, staff learned that the Federal Transit Administration (FTA) is not
in favor of the one-year delay that would be required to move the project
from the north side of the Big Thompson River to the south side.
Therefore, the proposal to relocate the structure will not be moving
forward. The FTA wants to see the project moving forward and the money
allocated to the project being spent. Director Muhonen said a categorical
exclusion for the south site is not possible, because the Town does not
own the property. Therefore, staff will move forward with plans for the
parking structure on the north side of the river, have discussions with
CDOT related to a traffic signal, and consider the south side of the river as
a possible location for future parking expansion.
o Applications for an Equipment Operator I position to operate the pothole
patcher are being reviewed at this time.
o A job description is being developed for a Pavement Project Manager.
o Public Works and Community Development staff will enter into
discussions related to spring run-off monitoring activities, sandbag
inventory, etc. Run-off typically peaks in June. A report will be prepared
and brought before the full Board at a Town Board meeting this spring.
There being no further business, Chair Norris adjourned the meeting at 9:32 a.m.
Cynthia Deats, Deputy Town Clerk
POLICE DEPARTMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Chief Wes Kufeld
Date: January 13, 2015
RE: Intergovernmental Agreements: Dispatching Services for the Estes
Valley Fire District, Rocky Mountain National Park and Estes Park
Ambulance Service
Objective:
Adopt new IGA’s with Estes Valley Fire Protection District, Rocky Mountain National
Park and the Park Hospital District as it relates to their use and the billing of the Town’s
Emergency Dispatching Services. Further referred to as the “Communications Center”.
Present Situation:
Since 2010 the Estes Park Police Department has been billing its external customers for
dispatching services. The billing practice has been for each customer, otherwise known
as entity, to pay a fee based on their percentage of usage or call load in which the
Communication Center handles. This is a standard practice consistent with similar
Communications Centers throughout the State. The previous MOU’s have expired with
each of these entities, therefore it has become necessary to update and formalize to an
Intergovernmental Agreement and include the current rates based on the percentages
of usage by each entity.
Proposal:
The Intergovernmental Agreements have been written, reviewed and approved by each
of our customers and their legal team as well as Attorney Greg White. The
Intergovernmental Agreements outline the services the Communications Center will
provide, the expectations of our customers and describes what each of these customers
will pay for their percentage of use.
Advantages:
Increase communication amongst the Communication Center and its customers.
Increase effectiveness of operations
Increase revenues paid into the General Fund.
Disadvantages:
The absence of a formal Intergovernmental agreement tends to lead to a lack of
cooperation and understanding pertaining to operations. It also leads to
questionable expectations, capabilities and responsibilities relating to what the
Communications Center can provide each entity.
Action Recommended:
Recommend Board Approval of the three Intergovernmental Agreements.
Budget:
2015 Revenues:
$ 19,817.55 Estes Valley Fire Protection District
$ 43,316.00 Park Hospital District
$ 1,091.76 Rocky Mountain National Park
$64,225.31 Total Revenue for 2015 – General Fund
Recommended Motion:
Recommend approval of the IGA’s by the Town Board
Attachments:
IGA – Estes Valley Fire Protection District
IGA – Park Hospital District
IGA – Rocky Mountain National Park
1
DISPATCH SERVICES
INTERGOVERNMENTAL AGREEMENT
THIS DISPATCH SERVICES INTERGOVERNMENTAL AGREEMENT
(“Agreement”) is entered into on 2015, by and
between the TOWN OF ESTES PARK (hereinafter referred to as “Town”), and the
ESTES VALLEY FIRE PROTECTION DISTRICT, a Colorado Special District
(hereinafter referred to as the “Fire District”).
WITNESSETH
WHEREAS, the Town operates a Communications Center (“CC”) for the Estes Park
Police Department which also provides 911 emergency and medical dispatching services,
24 hours a day, 365 days a year, to emergency services agencies serving the Estes Valley;
and
WHEREAS, Fire District provides certain emergency fire, rescue and medical services,
which services require radio communication and dispatching; and
WHEREAS, since December 8, 2009, the Town has been providing dispatch services to
the Fire District; and
WHEREAS, the utilization by the Fire District of the dispatching services of the Town
avoids duplication of services and promotes cost efficiency and maximum coordination
of services among local agencies; and
WHEREAS, the parties recognize that it is fiscally responsible to pay for such services in
an amount equal to the percentage of calls generated as a percentage of the overall CC
budget; and
WHEREAS, Article XIV, Section 18(2) (a) of the Constitution of the State of Colorado
and Part 2 of Article I of Title 29, C.R.S., encourage an authorized intergovernmental
agreement of this nature; and
WHEREAS, this Agreement sets forth the obligations of the parties with regard to
dispatching services provided by the Town to the Fire District.
NOW, THEREFORE, in consideration of the mutual promises contained below and other
good and valuable consideration, the parties hereto agree as follows:
2
1. Term of the Agreement. This Agreement shall be effective from January 1, 2015
and automatically renew each succeeding year until December 31, 2018 unless
earlier modified in writing or terminated by the parties hereto.
2. Services to be provided by the Town. The Town shall utilize dispatching
equipment and capabilities which may be currently owned and operated by the
Town to the extent that such are reasonably necessary to effectuate the purposes
of this Agreement. The Town and the Fire District further agree, in rendering and
utilizing such services, that each will adhere to the procedures contained in CC
Procedure Manuals.
a. 24 Hour Dispatch Services: Emergency and Non-Emergency
Twenty-four (24) hour per day emergency and non-emergency dispatching for
calls emanating from locations within the Fire District to such radio bases and
mobile and portable dispatching units owned by the Fire District as may be
designated by the Fire District.
b. Phone Answering
The CC answers emergency 911 calls and non-emergency administrative type
calls. Communication personnel answer calls relating to: public safety,
municipal services and information requests. CC is also equipped to answer
TTY/TTD calls. All medical calls for service are answered using Emergency
Medical Dispatching.
c. Enhanced 911 and Next Generation 911 Services
This service provides communication personnel with immediate recognition
of call origination for all incoming line based telephone calls. The information
provides a callback phone number, an address and the person’s name on the
telephone bill. CC is currently able to accept incoming SMS texts, and
although not currently available, is working towards being able to also receive
MMS text messages.
d. Mass Notification Services
These services allow for emergency service providers to send out a pre-
recorded phone message, text message, email and/or fax to community
residents of any pending situations that may endanger them or their property.
Using computer technology a geographical area within the Estes Park area can
be selected for an emergency message to be sent. These messages can be sent
to landlines, cell phones, email, text messages and/or fax depending on
citizens signing up for these services through the Larimer Emergency
Telephone Authority.
e. Computer Aided Dispatch and Call Record Management
All phone calls received that are eventually converted to a call for service for
a service provider is automatically assigned an incident number through our
3
Computer Aided Dispatch (CAD) system. This number becomes a tracking
mechanism for the service provider and the CC. Anytime information is
entered by the dispatcher regarding a specific call all the information entered
remains in place under the one incident number. That allows the CC to
provide a “run report” or activity report that contains all information for one
specific activity. The data is maintained for future management analysis to
include monthly, quarterly and annual reporting. This information is available
for each service agency upon written request to the Communications
Supervisor. The actual record keeping of criminal justice, fire or emergency
medical case files remains the responsibility of each agency.
f. Radio and Phone Logging Services
The CC maintains a logging recorder that records all phones and radio traffic
that come directly into the CC. These recordings are maintained according to
state law for 12 months plus current. Recordings are considered public record
and may be requested by any of the emergency service departments as well as
the general public. A formal request for these recordings must be made
through either the CC or the EPPD Records Department. This system is
monitored 24/7 by the manufacturer of the recording system.
g. CC will maintain emergency, back-up power sources for dispatching equipment.
h. CC will maintain current maps and other geographical information necessary to
affect the efficient and prompt response to requests for services to be rendered by
the Fire District.
i. CC will allow access by the Fire District to radio frequencies licensed to the
Town or its departments when reasonably necessary for the purpose of providing
reliable communication in outlying areas served by the Fire District.
j. CC will maintain EMD certification of dispatchers as required for practicing
Medical Priority’s emergency medical dispatching.
k. The Fire District agrees to notify the Town at least 24 hours prior to any drill,
training and /or testing of response by the Fire District’s emergency providers that
will involve dispatch communications through the Town. In the event of any
such drill, training and/or test, the emergency responders shall be dispatched by
the Town as a non-emergency response only.
l. The Fire District understands and agrees that the Town does not have recording
capability for VHF communications.
3. Fire Records. The services provided by the Town regarding the maintenance of
records and recording of calls for service in paragraphs 2 e. and f. hereinabove
shall not render the Town the “official custodian” of such records for CORA
(CRS 24-72-201 et. Seq.) purposes. The Fire District remains the official
4
custodian of such records and all requests for inspection of records and recordings
shall be forwarded to the Fire District. Notwithstanding any other provision to the
contrary, all audio recordings of all electronic communications received or
transmitted by CC shall be retained by the Town for twelve months plus current
month and shall be made available to the Fire District at no charge. Requests for
recordings must come from the Fire Chief. CAD records as described in
paragraph 2.e. will remain on file for a minimum of five years and will have the
same availability.
4. Compensation.
For the year 2015, The Fire District hereby agrees to pay to the Town the total
amount of Nineteen thousand eight hundred seventeen dollars and fifty five cents
($19,817.55) in compensation for the services rendered by the Town and as
reimbursement for anticipated expenses to be incurred by the Town in the
performance of its obligations under this agreement. From the year 2016 to
December 31, 2018, yearly billing will be based on the percentage of calls for
service by the Fire District compared to all calls handled by CC. Any yearly
increase after 2015 is not to exceed 5% over the previous yearly cost. (See exhibit
A). The fee shall be paid in equal monthly installments.
5. Operation and Maintenance of CC. The Town shall be solely responsible for the
operation and maintenance of the “CC” during the term of this Agreement.
6. Termination. Either party may terminate this Agreement by giving a minimum of
six (6) months written notice of termination to the other party. Upon termination,
the Fire District’s payments of any amounts due and owing as of the date of
termination shall be the Town’s sole remedy.
7. Liability. The parties hereto shall be solely responsible for the actions or
omissions of their respective officers, agents and employees and shall not be
responsible or legally liable for the negligent acts of the other party.
8. Notices. Any and all notices or any other communication herein required or
permitted shall be deemed to have been given when personally delivered or
deposited in the United States postal service as regular mail, postage prepaid, and
addressed as follows or to such other person or address as a party may designate
in writing to the other party:
Estes Valley Fire Protection District
Attn: Fire Chief
901 N. St. Vrain Ave.
Estes Park, Colorado 80517
5
Town of Estes Park
Attn: Town Administrator
170 MacGregor Ave.
P.O. Box 1200
Estes Park, Colorado 80517
9. Entire Agreement. This writing constitutes the entire Agreement between the
parties.
10. Binding Effect. This Agreement shall be binding upon and incur to the benefit of
the parties hereto and the agents, assigns and successors in interest of each
respectively.
11. Default. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default, and such
defaulting party shall be allowed a period of fifteen (15) days within which to
cure said default. In the event the default remains uncorrected, the non-defaulting
party may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require specific performance; or
c. Avail itself of any other remedy at law or equity.
In the event of default of any of the Agreements herein by either party which shall
require the party not in default to commence legal or equitable actions against the
defaulting party, the defaulting party shall be liable to the non-defaulting party for
the non-defaulting party’s reasonable attorney’s fees, and court costs incurred
because of the default.
12. Good Faith. The Parties, their agents, and employees agree to cooperate in good
faith in fulfilling the terms of this Agreement. The Parties agree that they will
attempt to resolve any disputes concerning the interpretation of this Agreement
and unforeseen questions and difficulties which may arise in implementing the
Agreement by good faith negotiations before resorting to termination of this
Agreement and/or litigation.
13. Modification. This document constitutes the full understanding of the Parties, and
no term, condition, understanding or agreement purporting to modify or vary the
terms of this Agreement shall be binding unless hereafter made in writing signed
by the both Parties.
14. Non-Assignment; No Third Party Beneficiary. This Agreement, and each and
every covenant herein, shall not be assignable except with the prior consent of
both Parties. This Agreement shall not be construed as or deemed to be an
Agreement for the benefit of any third party or parties, and no third party or
parties shall have a right of action hereunder for any cause whatsoever.
6
15. Merger. This Agreement constitutes a final written expression of all the terms of
this Agreement and is a complete and exclusive statement of those terms.
16. Immunity. The Parties, their officers, employees, volunteers, and agents, are
relying on and do not waive, or intend to waive, by any provision of this
agreement the monetary limitations presently $350,000 per person and $990,000
per occurrence or any other rights, immunities and protections provided by the
Colorado Governmental Immunity Act CRS 24-10-101 sec., as amended or
otherwise available to the Parties or their officers, agents, employees, and
volunteers.
17. Annual Appropriations.
The obligations of either Party as contained herein, shall not be deemed to be a
“multi-year financial obligation” under Article X, Section 20 of the Colorado
Constitution. Accordingly, either Party shall have the right to terminate this
Agreement at the end of any fiscal year in the event that the governing body of
said Party fails to appropriate money sufficient for the continued performance of
the Agreement after the end of such fiscal year, such non-appropriation being
within the sole discretion of the governing board. Appropriation shall be
evidenced by the passage of a budget resolution which specifically provides for or
appropriates funds for the Party’s obligations under this Agreement. Either Party
may affect such termination by giving the other Party written notice of the non-
appropriation within 30-days prior to the end of the current fiscal year. In the
event of termination, The Fire District shall pay all accrued liabilities through the
last day of the then current fiscal year, but shall not be subject to any other
penalty or assessment.
IN WITNESS WHEREOF, this Agreement has been executed the day and year first-
above written.
THE TOWN OF ESTES PARK
________________________________ ______________
Mayor Date
ATTEST:
________________________________
Town Clerk
7
ESTES VALLEY FIRE PROTECTION DISTRICT
_______________________________ ______________
President of EVFPD Board of Directors Date
_______________________________ ______________
Fire Chief Date
8 Exhibit A Fire Department Billing Breakdown (Historically showing 3.6% of call volume) YEAR Yearly total costs of CC w/ 5% increase % of budget should be paying, based on 3.6% of call volume catch up in 2015, then up to 5% increase after that DIFF 7%/Yr for 4 years, 5% increase after DIFF 2015 $550,487.51 3.6%$19,817.55 $19,817.55 $0.00 $18,874.80-$942.752016 $578,011.89 3.6%$20,808.43 $20,808.43 $0.00 $20,196.04-$612.392017 $606,912.48 3.6%$21,848.85 $21,848.85 $0.00 $21,609.76-$239.092018 $637,258.10 3.6%$22,941.29 $22,941.29 $0.00 $23,122.44$181.152019 $669,121.01 3.6% $24,088.36 $24,088.36 $0.00 $24,741.01 $652.662020 $702,577.06 3.6% $25,292.77 $25,292.77 $0.00 $25,978.06 $685.292021 $737,705.91 3.6% $26,557.41 $26,557.41 $0.00 $27,276.97 $719.552022 $774,591.21 3.6% $27,885.28 $27,885.28 $0.00 $28,640.81 $755.532023 $813,320.77 3.6% $29,279.55 $29,279.55 $0.00 $30,072.86 $793.312024 $853,986.81 3.6% $30,743.53 $30,743.53 $0.00 $31,576.50 $832.972025 $896,686.15 3.6% $32,280.70 $32,280.70 $0.00 $33,155.32 $874.622026 $941,520.45 3.6% $33,894.74 $33,894.74 $0.00 $34,813.09 $918.352027 $988,596.48 3.6% $35,589.47 $35,589.47 $0.00 $36,553.74 $964.272028 $1,038,026.30 3.6% $37,368.95 $37,368.95 $0.00 $38,381.43 $1,012.482029 $1,089,927.62 3.6% $39,237.39 $39,237.39 $0.00 $40,300.50 $1,063.11 Catch up figure includes 12.5% increase paid up front *An assumption of a 5% increase for all entities each year is made for demonstration purposes only*
9
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DISPATCH SERVICES
INTERGOVERNMENTAL AGREEMENT
THIS DISPATCH SERVICES INTERGOVERNMENTAL AGREEMENT is
entered into on 2015, by and between the
Town of Estes Park (hereinafter referred to as “Town”), and Park Hospital District dba
Estes Park Medical Center (hereinafter referred to as “EPMC”) a Colorado Special
District.
WITNESSETH
WHEREAS, the Town presently operates a Communications Center (“CC”) for the
provision of dispatching services to area emergency service agencies serving the
geographical area in and around the Town of Estes Park, Colorado; and
WHEREAS, this agreement is separate and necessary to set forth the obligations of the
parties with regard to dispatching services rendered using the systems acquired;
WHEREAS, EPMC provides certain emergency medical and transportation services,
including paramedics, emergency medical technicians and ambulances, which services
require radio communication and dispatching; and
WHEREAS, the utilization by EPMC of the dispatching services of the Town avoids
duplication of services and promotes cost efficiency and maximum coordination of
services among local agencies; and
WHEREAS, the parties recognize that it is fiscally responsible to pay for such services in
an amount equal to the percentage of calls generated as a percentage of the overall “CC”
budget; and
WHEREAS, since January 1, 2010 the Town has been providing dispatch services to
EPMC substantially in accordance with this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained below and other
good and valuable consideration, the parties hereto agree as follows:
1. Term of the Agreement. This Agreement shall be effective from January 1, 2015
and automatically renew each succeeding year until December 31, 2018 unless
earlier modified in writing or terminated by the parties hereto.
2. Services to be provided by the Town. The Town shall provide dispatching
services on a twenty-four (24) hour per day basis from the Estes Park Police
Department building or the Town’s backup location, to such radio bases and
mobile and portable dispatching units owned by EPMC as may be designated by
EPMC.
Specific dispatching services to be provided by the Town through “CC” are itemized
below and, in rendering such services; the Town shall utilize all dispatching equipment
and capabilities which may be currently owned and operated by the Town to the extent
that such are reasonably necessary to effectuate the purposes of this Agreement. The
Town and EPMC further agree, in rendering and utilizing such services, that each will
adhere to the procedures contained in “CC” Procedure Manual. The following services
shall be provided by the Town:
The Estes Park Police Department Communications Center provides 911 emergency and
medical dispatching services for the Estes Valley. This includes Police, Fire and
Ambulance. The Estes Park Police Department Communications Center is a primary
Public Service Answering Point that operates 24 hours a day, 365 days a year.
Scope of Services
a. Dispatch Services: Emergency and Non-Emergency
Provides twenty-four hour radio dispatching for law enforcement, fire and
ambulance services for the greater Estes Park area, dispatching services
include “911” emergency dispatching for each of the service entities and non-
emergency service requests.
b. Phone Answering
The Communications Center answers emergency 911 calls and non-
emergency administrative type calls. Communication Personnel answer calls
relating to: public safety, municipal services and information requests. The
Communications Center is also equipped to answer TTY/TTD calls. All
medical calls for service are answered using Emergency Medical Dispatching
c. Enhanced 911 and Next Generation 911 Services
This service provides communication personnel with immediate recognition
of call origination for all incoming line based telephone calls. The information
provides a callback phone number, an address and the person’s name on the
telephone bill. The Communications Center is able to accept incoming SMS
texts.
d. Mass Notification Services
These services allow for emergency service providers to send out a pre-
recorded phone message, text message, email and/or fax to community
residents of any pending situations that may endanger them or their property.
Using computer technology a geographical area within the Estes Park area can
be selected for an emergency message to be sent. These messages can be sent
to landlines, cell phones, email, text messages and/or fax depending on
citizens signing up for these services through the Larimer Emergency
Telephone Authority.
e. Computer Aided Dispatch and Call Record Management
All phone calls received that are eventually converted to a call for service for
a service provider is automatically assigned an incident number (run number)
through our Computer Aided Dispatch (CAD) system. The run number
becomes a tracking mechanism for the service provider and the
communication center. Anytime information is entered by the dispatcher
regarding a specific call all the information entered remains in place under the
one incident number. That allows the center to provide a “run report” or
activity report that contains all information for one specific activity. The data
is maintained for future management analysis to include monthly, quarterly
and annual reporting. This information is available for each service agency
upon written request to the Communications Supervisor. The actual record
keeping of criminal justice, fire or emergency medical case files remains the
responsibility of each agency.
f. Radio and Phone Logging Services
The communication center maintains a logging recorder that records all
phones and radio traffic that come directly into the Communications Center.
These recordings are maintained according to state law for 12 months plus
current. Recordings are considered public record and may be requested by any
of the emergency service departments as well as the general public. A formal
request for these recordings must be made through either the Communications
Center or the EPPD Records Department. This system is monitored 24/7 by
the manufacturer of the recording system.
g. CC will maintain emergency, back-up power sources for dispatching equipment.
h. CC will maintain current maps and other geographical information necessary to
affect the efficient and prompt response to requests for services to be rendered by
EPMC.
i. CC will allow access by EPMC to radio frequencies licensed to the Town or its
departments when reasonably necessary for the purpose of providing reliable
communication in outlying areas served by EPMC.
j. CC will maintain EMD certification of dispatchers as required for practicing
Medical Priority’s emergency medical dispatching.
k. EPMC agrees to notify the Town at least 24 hours prior to any drill, training and
/or testing of response by EPMC emergency providers that will involve dispatch
communications through the Town. In the event of any such drill, training and/or
test, the emergency responders shall be dispatched by the Town as a non-
emergency response only.
l. EPMC understands and agrees that the Town does not have recording capability
for VHF communications.
3. Medical Records. The services provided by the Town regarding the maintenance
of records and recording of calls for service in paragraphs 2 e. and f. hereinabove
shall not render the Town the “official custodian” of such records for CORA
(CRS 24-72-201 et. Seq.) purposes. EPMC remains the official custodian of such
records and all requests for inspection of records and recordings shall be
forwarded to EPMC. Other than as contained in paragraph 2.e., any preservation,
retention or other requirements for such records shall be the responsibility of
EPMC. In the event the Town, due to an open records request, becomes a party to
any legal proceeding, EPMC hereby agrees to indemnify and hold the Town
harmless from any claim of damages including all reasonable attorney’s fees and
court costs incurred by the Town as a result of any records maintained by the
Town for EPMC pursuant to the terms and conditions of this Agreement. The
Town agrees to provide EPMC with written notice of any claim made by any third
person pursuant to the terms and conditions of this paragraph 3.
4. Compensation. For the year 2015, EPMC hereby agrees to pay to the Town the
total amount of Forty three thousand three hundred sixteen dollars ($43,316.00) in
compensation for the services rendered by the Town and as reimbursement for
anticipated expenses to be incurred by the Town in the performance of its
obligations under this Agreement. If the current dollar amount being billed is not
consistent with the percentage of calls, beginning January 1, 2015 and every year
of the term up to December 31, 2018, the amount due to the Town by EPMC shall
be increased above their normal percentage of calls by no more than 12% per year
of the “CC” budget. Once billing becomes equal too and based on the number of
calls for service generated for EPMC in the previous year, an increase not to
exceed 5% over the previous yearly cost will occur (See exhibit A ).
Number of calls will be based on medical related run numbered calls which are
generated through the Computer Aided Dispatch System (CAD).
All annual amounts to be paid under this Agreement shall be payable upon
invoice in four (4) equal quarterly installments; each of which shall be due and
payable on the following dates: March 1, June 1, September 1 and December 1 of
each year.
5. Operation and Maintenance of the “CC”. The Town shall be solely responsible
for the operation and maintenance of the “CC” during this Agreement.
6. Use of Mobil Data Devices. For the purpose of dispatch accuracy and efficiency,
each of EPMC’s regular duty ambulances shall be equipped with a Mobile Data
Device as of January 1, 2015 that is capable of transmitting status codes.
7. Termination. Either party may terminate this Agreement by giving a minimum of
six (6) months written notice of termination to the other party. Upon termination,
the Fire District’s payments of any amounts due and owing as of the date of
EPMC’s termination shall be the Town’s sole remedy.
8. Liability. The parties hereto shall be solely responsible for the actions or
omissions of their respective officers, agents and employees and shall not be
responsible or legally liable for the negligent acts of the other party. Accordingly,
to the extent authorized by law, each party hereto hereby indemnifies and holds
harmless the other party from any damages, losses, expenses, causes of action or
other liability whatsoever arising from or in any way relating to any personal
injury or damages to person or property caused by the negligent acts or omissions
of its own officers, agents or employees.
9. Notices. Any and all notices or any other communication herein required or
permitted shall be deemed to have been given when personally delivered or
deposited in the United States postal service as regular mail, postage prepaid, and
addressed as follows or to such other person or address as a party may designate
in writing to the other party:
Estes Park Medical Center
Administration Office
555 Prospect Ave.
P.O. Box 2740
Estes Park, Colorado 80517
Town of Estes Park
Attn: Town Administrator
170 MacGregor Ave.
P.O. Box 1200
Estes Park, Colorado 80517
10. Entire Agreement. This writing constitutes the entire Agreement between the
parties.
11. Binding Effect. This Agreement shall be binding upon and incur to the benefit of
the parties hereto and the agents, assigns and successors in interest of each
respectively.
12. Default. In the event either party should fail or refuse to perform according to the
terms of this Agreement, such party may be declared in default, and such
defaulting party shall be allowed a period of fifteen (15) days within which to
cure said default. In the event the default remains uncorrected, the non-defaulting
party may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require specific performance; or
c. Avail itself of any other remedy at law or equity.
In the event of default of any of the Agreements herein by either party which shall
require the party not in default to commence legal or equitable actions against the
defaulting party, the defaulting party shall be liable to the non-defaulting party for
the non-defaulting party’s reasonable attorney’s fees, and court cost incurred
because of the default.
13. Good Faith. The Parties, their agents, and employees agree to cooperate in good
faith in fulfilling the terms of this Agreement. The Parties agree that they will
attempt to resolve any disputes concerning the interpretation of this Agreement
and unforeseen questions and difficulties which may arise in implementing the
Agreement by good faith negotiations before resorting to termination of this
Agreement and/or litigation.
14. Modification. This document constitutes the full understanding of the Parties, and
no term, condition, understanding or agreement purporting to modify or vary the
terms of this Agreement shall be binding unless hereafter made in writing signed
by the both Parties.
15. Non-Assignment; No Third Party Beneficiary. This Agreement, and each and
every covenant herein, shall not be assignable except with the prior consent of
both Parties. This Agreement shall not be construed as or deemed to be an
Agreement for the benefit of any third party or parties, and no third party or
parties shall have a right of action hereunder for any cause whatsoever.
16. Merger. This Agreement constitutes a final written expression of all the terms of
this Agreement and is a complete and exclusive statement of those terms.
17. Immunity. The Parties, their officers, employees, volunteers, and agents, are
relying on and do not waive, or intend to waive, by any provision of this
agreement the monetary limitations presently $350,000 per person and $990,000
per occurrence or any other rights, immunities and protections provided by the
Colorado Governmental Immunity Act CRS 24-10-101 sec., as amended or
otherwise available to the Parties or their officers, agents, employees, and
volunteers.
18. Annual Appropriations. The obligations of either Party as contained herein, shall
not be deemed to be a “multi-year financial obligation” under Article X, Section
20 of the Colorado Constitution. Accordingly, either Party shall have the right to
terminate this Agreement at the end of any fiscal year in the event that the
governing body of said Party fails to appropriate money sufficient for the
continued performance of the Agreement after the end of such fiscal year, such
non-appropriation being within the sole discretion of the governing board.
Appropriation shall be evidenced by the passage of a budget resolution which
specifically provides for or appropriates funds for the Party’s obligations under
this Agreement. Either Party may affect such termination by giving the other
Party written notice of the non- appropriation within 30-days prior to the end of
the current fiscal year. In the event of termination, EPMC shall pay all accrued
liabilities through the last day of the then current fiscal year, but shall not be
subject to any other penalty or assessment.
IN WITNESS WHEREOF, this Agreement has been executed the day and year first-
above written.
THE TOWN OF ESTES PARK
________________________________ ______________
Mayor Date
ATTEST:
________________________________
Town Clerk
PARK HOSPITAL DISTRICT dba ESTES PARK MEDICAL CENTER
_______________________________ ______________
President of Park Hospital District Date
Board of Directors
Exhibit A Ambulance Service Billing Breakdown (Historically showing 10% of call volume) YEAR Yearly total costs of CC w/ 5% increase % of budget should be paying, based on 10% of call volume catch up in 2015, then no more than 5% increase after that DIFF 12%/Yr for 5 years, then no more than 5% increase after DIFF 2015 $550,487.51 10.0% $55,048.75 $55,048.75 $0.00 $43,316.00 -$11,732.75 2016 $578,011.89 10.0% $57,801.19 $57,801.19 $0.00 $48,513.92 -$9,287.27 2017 $606,912.48 10.0% $60,691.25 $60,691.25 $0.00 $54,335.59 -$6,355.66 2018 $637,258.10 10.0% $63,725.81 $63,725.81 $0.00 $60,855.86 -$2,869.95 2019 $669,121.01 10.0% $66,912.10 $66,912.10 $0.00 $68,158.56 $1,246.46 2020 $702,577.06 10.0% $70,257.71 $70,257.71 $0.00 $71,566.49 $1,308.79 2021 $737,705.91 10.0% $73,770.59 $73,770.59 $0.00 $75,144.82 $1,374.23 2022 $774,591.21 10.0% $77,459.12 $77,459.12 $0.00 $78,902.06 $1,442.94 2023 $813,320.77 10.0% $81,332.08 $81,332.08 $0.00 $82,847.16 $1,515.08 2024 $853,986.81 10.0% $85,398.68 $85,398.68 $0.00 $86,989.52 $1,590.84 2025 $896,686.15 10.0% $89,668.61 $89,668.61 $0.00 $91,339.00 $1,670.38 2026 $941,520.45 10.0% $94,152.05 $94,152.05 $0.00 $95,905.95 $1,753.90 2027 $988,596.48 10.0% $98,859.65 $98,859.65 $0.00 $100,701.24 $1,841.59 2028 $1,038,026.30 10.0% $103,802.63 $103,802.63 $0.00 $105,736.30 $1,933.67 2029 $1,089,927.62 10.0% $108,992.76 $108,992.76 $0.00 $111,023.12 $2,030.36 Catch up figure includes 36.75% increase paid up front *An assumption of a 5% increase for all entities each year is made for demonstration purposes only*
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Kevin McEachern, Public Works Operations Manager
Greg Muhonen, Public Works Director
Date: January 13, 2015
RE: Parks Division Reorganization
Objective:
To reorganize the Parks Division to improve the staff resource to meet and exceed
expanded and expected standards.
Present Situation:
Three potential staffing changes in the Parks Division are on the near horizon. First, at
the end of January 2015 the Parks Division will experience the retirement of Supervisor
Franklin who has 28 years of longevity in the Parks Division. Second, Maintenance
Worker III Kelly will be resigning as a full time employee but is interested in staying with
the Town on a half-time basis. Third, our Town Arborist has applied for the advertised
Parks Supervisor position. With these changes it is appropriate for the Public Works
Department to analyze the overall structure and organization of the Parks Division, the
staff, and their responsibilities.
In 2013 and 2014 the Town of Estes Park received significant national attention and
awards for the America In Bloom competition. Our Parks staff and the America in
Bloom Committee have accepted the invitation to raise our standards and apply for the
international competition in 2015. Additionally, the Parks staff has been tasked recently
with expanded landscaping maintenance responsibilities for the 17 acre fairgrounds
campus. This has included design and installation of the new landscaping at the Event
Center and Pavilion (stall barns). The proposed new Transit Hub parking structure is
expected to add even more landscaping installation and maintenance responsibility to
our crews.
The Parks Division Reorganization was presented to the PUP Committee because
Town staff may not approve additional staffing positions per Policy Governance. The
Board of Trustees must approve any new permanent staff positions.
Proposal:
The Public Works Department proposes to change two positions within the Parks
Division as shown on the organizational charts below. The first change is to replace the
existing Maintenance Worker III (Keri Kelly’s horticulturist position) with a half time
Maintenance Worker III and a full time Maintenance Worker II. The second change is to
convert the Maintenance Worker III (Brian Berg’s arborist position) to a Maintenance
Worker II as shown.
2014 Organizational Chart Purposed 2015 Organizational Chart
A salary comparison was performed to evaluate the budget impact of this proposal. The
2015 salary costs for the existing positions is $238,200. This includes a Parks
Supervisor, 3 Maintenance Worker III’s and one Maintenance Worker II. The 2015
wage package with the proposed changes is estimated to be $235,328. This includes a
Parks Supervisor, one Maintenance worker III, 3 Maintenance Worker II’s and a half
time Maintenance Work III. This results in a potential 2015 budget savings of $2872. It
is not known if the costs of personnel benefits associated with this proposed
reorganization will increase or decrease. This can be determined only after the benefit
selections are made by the new employees.
Advantages:
Approval of the proposed reorganization would:
Retain the investment the Town has made in employee professional and
technical training.
Advance the forward momentum in the America In Bloom program by retaining
the principal designer on our staff.
Parks
Supervisor
Maint.
Worker II
(Irrigation)
Maint.
Worker III
(Arborist)
Maint.
Worker III
(Turf/Weeds)
Maint.
Worker III
(Horticulture)
Parks
Supervisor
Maint.
Worker II
(Irrigation)
Maint.
WorkerII
(Arborist)
Maint.
WorkerIII
(Turf/Weeds)
Maint.
Worker II
(Horticulture)
HalfTimeMaint.
WorkerIII
(Horticulture)
Put action to the Town’s value on offering career advancement opportunities for
staff.
Elevate staff morale by hiring internally and rewarding longevity and
commitment.
Affirm the value of Parks team productivity and positive impact they make on
Town Visitor experience.
Expand staffing level in response to added landscape maintenance
responsibilities.
Provide room for future career growth in new positions by hiring at Maintenance
Worker II vs III levels.
Disadvantages:
The proposed reorganization does bring a slight risk of a minimal increase in employee
benefit costs for the Parks Division.
Action Recommended by Staff:
Public Works Staff recommends the addition of a half time Maintenance Worker III and
two full time Maintenance Worker III positions be filled at the Maintenance Worker II
level within the Parks Division.
Budget:
Estimated savings of $2872 in the budgeted salary costs.
Level of Public Interest
Low. This proposal was generated internally by Public Works Staff. Town residents
regularly express appreciation for the annual beautification work performed by the Parks
Division. Public opposition to this proposal is not expected.
Sample Committee Motion:
I move for the approval/denial for the Parks Division reorganization proposed by the
Public Works Department.
ENGINEERING
Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Kevin Ash, PE, Public Works Civil Engineer
Greg Muhonen, PE, Public Works Director
Date: January 13, 2015
RE: Design Consultant Agreement for Dry Gulch Roadway Improvements
Objective:
To contract with a design consultant to deliver bid documents for Dry Gulch Roadway
Present Situation:
For the past several years, Public Works has ranked Dry Gulch Roadway (from Elkhorn
Avenue to Stonegate Drive) as the number one capital improvement project for the
Town’s roadway system. Due to the lack of funding for repair of this one mile stretch,
this project has continually been repeatedly delayed. Now with a revenue stream
provided by the 1% sales tax increase, Public Works has advanced forward with an
RFP for design services for Dry Gulch Roadway Improvements.
Proposal:
In early December Public Works advertised a Request for Proposal that focused on the
following design areas:
Evaluate the current asphalt condition and determine whether full replacement is
required or if asphalt maintenance repair methods may be adequate.
Provide roadway design options that accounts for improved traffic circulation,
lane geometry, curb and gutter, bike lanes and increased drainage conveyance.
Explore trail design and location options along Dry Gulch that will connect to the
existing trail system on the south side of Highway 34 by going under the existing
the bridge just east of the Sombrero Stables.
Evaluate and provide options for the Highway 34 connection and parking and
drainage congestion with Sombrero Stables.
Seven firms responded to the Request for Proposal. Public Works Staff that included
Director Greg Muhonen and Engineer Kevin Ash rated each of these 7 firms to select
the most qualified. Proposals were rated on 5 categories:
1. Client References and Previous Experience;
2. Adequacy of Proposal to meet Project Scope;
3. Qualification of Staff Proposed;
4. Availability of Staff and Schedule;
5. Fee and Hours.
The following chart contains the ratings for each of the firms:
Firm Name City Ranking Fee
Farnsworth Group Fort Collins 1 $172,482
Lamp Rynearson & Associates Fort Collins 2 $303,920
Cornerstone Engineering &
Surveying
Estes Park 3 $287,390
RG & Associates Wheatridge 4 $168,611
Bowman VisionLand Golden 5 $352,790
Drexel, Barrell & Co Boulder 6 $117,689
Van Horn Engineering Estes Park 7 $ 46,601
After the ratings were complete, the Farnsworth Group out of Fort Collins was the
highest ranked firm. In their proposal, Farnsworth demonstrated a thorough knowledge
of the design issues in the project area and offered a detailed approach to improve and
widen the roadway and extend a trail along the east side of Dry Gulch Road. Their
project experience includes several successful roadway and pedestrian walkway
designs in the region. They are familiar with the Estes environment having completed
successful project designs that included Virginia Drive and Steamer Drive. Their fee of
$172,482 was also responsible. A project design budget not to exceed $200,000 has
been determined. This includes a 16% contingency if needed to address unexpected,
unknown conditions that may be encountered as the design effort progresses.
Once design is complete, bidding documents will be provided by the Farnsworth Group
and a complete construction schedule will be delivered. The schedule delivered in the
RFP is to have construction underway by July 2015. There are several design issues
that may impact the construction schedule such as the need for a more detailed
floodway evaluation, wetland permitting, traffic analysis and easement acquisition.
Construction Phasing will be considered depending on the results of the design.
Action Recommended by Staff:
On January 8, 2015, Public Works presented the Farnsworth Group as the selected
consultant to the Public Safety, Utilities and Public Works Committee. A
recommendation of award to the Farnsworth Group was given. To advance this Dry
Gulch Roadway Improvement Project and meet goals for construction this summer,
Staff recommends award of a design services contract to the Farnsworth Group.
Budget:
This project will be funded from the newly created Street Improvement Fund. The
$200,000 design budget will come out of the Capital line item within that fund.
Level of Public Interest:
Public Interest on this project is expected to be high. This will be the first major project
from the voter approved sales tax increase. In addition to the roadway improvements,
this project will address, bike lanes and trail connections, drainage, wetlands and
utilities.
Sample Motion:
I move for approval/denial of award of a professional services contract for design of the
Dry Gulch Roadway Improvement Project to the Farnsworth Group for a project cost not
to exceed $200,000.
Attachments:
Attached with this Memo is the Town Standard Professional Services Agreement that
was provided in the RFP. This would be the document executed by the Mayor upon
Town Board approval.
PROFESSIONAL SERVICES CONTRACT
This Contract is entered into this _13th___ day of _January_, 2015, by and between the
_Town of Estes Park, Colorado___ (“Town”) and _The Farnsworth Group (“Consultant”).
Whereas, the parties desire to contract with one another to complete the following
project: DRY GULCH ROADWAY IMPROVEMENTS .
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Services.
a. The Consultant shall perform the services set forth in Exhibit A (the Proposal
submitted by the consultant), attached hereto and incorporated herein by
reference (“Services”). The Town reserves the right to remove any of the
Services from Exhibit A upon written notice to Contractor. In the event of any
conflict between this Contract and Exhibit A, the provisions of this Contract
shall prevail.
b. No material change to the Services, including any additional compensation,
shall be effective or paid unless authorized by written amendment to this
Contract executed by the Town. If Consultant proceeds without such written
authorization, then Consultant shall be deemed to have waived any claim for
additional compensation, including a claim based on the theory of unjust
enrichment, quantum merit or implied contract. Except as expressly
provided herein, no agent, employee, or representative of the Town is
authorized to modify any term of this Agreement, either directly or implied by
a course of action.
2. Price. The Town shall pay the Consultant a sum not to exceed $172,482_. The
Town shall make payment within thirty days of receipt and approval of monthly
invoices, which shall identify the specific Services performed for which payment is
requested.
3. Term. This Contract shall be effective from _January 13, 2015, _ through
November 10, 2105 . This Contract may be extended or renewed by written agreement
of the parties.
4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt
or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the
Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The
Town shall have no obligation to continue this Contract in any fiscal year in which no such
appropriation is made.
5. Independent Contractor. The parties agree that the Consultant is an independent
Contractor and is not an employee of the Town. The Consultant is not entitled to workers’
compensation benefits from the Town and is obligated to pay federal and state income
tax on any money earned pursuant to this Contract.
6. Insurance Requirements.
a. Policies. The Consultant and its subconsultants, if any, shall procure and
keep in force during the duration of this Contract the following insurance
policies and shall provide the Town with a certificate of insurance evidencing
upon execution of this Contract:
i. Comprehensive general liability insurance insuring the Consultant
and naming the Town as an additional insured with minimum
combined single limits of $1,000,000 each occurrence and
$1,000,000 aggregate. The policy shall be applicable to all premises
and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee
acts), blanket contractual, independent contractors, products, and
completed operations. The policy shall contain a severability of
interests provision.
ii. Comprehensive automobile liability insurance insuring the
Consultant and naming the Town as an additional insured against
any liability for personal injury, bodily injury, or death arising out of
the use of motor vehicles and covering operations on or off the site of
all motor vehicles controlled by the Consultant which are used in
connection with this Contract, whether the motor vehicles are owned,
non-owned, or hired, with a combined single limit of at least
$1,000,000.
iii. Professional liability insurance insuring the Consultant against any
professional liability with a limit of at least $1,000,000 per claim and
annual aggregate. (Note: this policy shall only be required if the
Consultant is an architect, engineer, surveyor, appraiser, physician,
attorney, accountant, or other licensed professional.)
iv. Workers’ compensation insurance and all other insurance required
by any applicable law. (Note: if under Colorado law the Consultant is
not required to carry workers’ compensation insurance, the
Consultant shall execute a Certificate of Exemption and Waiver,
attached hereto as Exhibit B and incorporated herein by reference.)
b. Requirements. Required insurance policies shall be with companies
qualified to do business in Colorado with a general policyholder’s financial
rating acceptable to the Town. Said policies shall not be cancelable or
subject to reduction in coverage limits or other modification except after thirty
days prior written notice to the Town. The Consultant shall identify whether
the type of coverage is “occurrence” or “claims made.” If the type of
coverage is “claims made,” which at renewal the Consultant changes to
“occurrence,” the Consultant shall carry a six-month tail. Comprehensive
general and automobile policies shall be for the mutual and joint benefit and
protection of the Consultant and the Town. Such policies shall provide that
the Town, although named as an additional insured, shall nevertheless be
entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of negligence of the Contractor,
its officers, employees, agents, subconsultants, or business invitees. Such
policies shall be written as primary policies not contributing to and not in
excess of coverage the Town may carry.
7. Indemnification. The Consultant agrees to indemnify and hold harmless the Town,
its officers, employees, and agents from and against all liability, claims, and
demands on account of any injury, loss, or damage, including court costs and
attorneys’ fees, arising out of or connected with the Services, if such injury, loss, or
damage, or any portion thereof, is caused by, or claimed to be caused by, the
negligent act, omission, or other fault of the Consultant or any subconsultant of the
Consultant, or any officer, employee, or agent of the Consultant or any
subconsultant, or any other person for whom the Consultant is responsible. The
Consultant’s indemnification obligation shall not be construed to extend to any
injury, loss, or damage to the extent caused by the act, omission, or other fault of
the Town. This paragraph shall survive the termination or expiration of this Contract.
8. Professional Responsibility.
a. Consultant hereby warrants that it is qualified to perform the Services, holds
all professional licenses required by law to perform the Services, and has all
requisite corporate authority to enter into this Contract.
b. The Services shall be performed by Consultant in accordance with generally
accepted professional practices and the level of competency presently
maintained by other practicing professional firms performing the same or
similar type of work in the Denver metro area. The Services shall be done in
compliance with applicable federal, state, and local laws, ordinances, rules
and regulations.
c. Consultant shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of all designs, drawings,
specifications, reports, and other services furnished by Consultant under this
Agreement. Consultant shall, without additional compensation, correct or
resolve any errors or deficiencies in its designs, drawings, specifications,
reports, and other services, which fall below the standard of professional
practice, and reimburse the Town for costs caused by errors and omissions
which fall below the standard of professional practice.
d. Approval by the Town of drawings, designs, specifications, reports, and
incidental work or materials furnished hereunder shall not in any way relieve
Consultant of responsibility for technical adequacy of its services. Neither
the Town's review, approval, or acceptance of, nor payment for, any of the
Consultant’s services shall be construed to operate as a waiver of any rights
under this Contract or of any cause of action arising out of the performance
of this Contract.
e. Consultant hereby agrees that Consultant, including but not limited to, any
employee, principal, shareholder, or affiliate of Consultant shall not have a
financial relationship with or an ownership interest in any person and/or
entity which entity and/or person shall be the recipient of any contract or
work for the services provided by Consultant pursuant to the terms and
conditions of this Contract. Consultant understands and agrees that the
purpose of this provision is to prevent any information created as a result of
Consultant’s services herein being used by any person and/or entity in the
preparation of any bid or performance of any work for the Town.
f. Because the Town has hired Consultant for its professional expertise,
Consultant agrees not to employ subcontractors to perform more than
twenty percent (20 %) of the work required under the Scope of Services.
Upon execution of this Contract, Consultant shall furnish to the Town a list of
proposed subcontractors, and Consultant shall not employ a subcontractor
to whose employment the Town reasonably objects. All contracts between
Consultant and subcontractors shall conform to this Contract including, but
not limited to, Section 10.
9. Governmental Immunity Act. No term or condition of this Contract shall be
construed or interpreted as a waiver, express or implied, of any of the notices,
requirements, immunities, rights, benefits, protections, limitations of liability, and
other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et
seq. and under any other applicable law.
10. Compliance with Applicable Laws.
a. Generally. The Consultant shall comply with all applicable federal, state,
and local laws, including the ordinances, resolutions, rules, and regulations
of the Town. The Consultant shall solely be responsible for payment of all
applicable taxes and for obtaining and keeping in force all applicable permits
and approvals.
b. C.R.S. Article 17.5, Title 8. The Consultant hereby certifies that, as of the
date of this Contract, it does not knowingly employ or contract with an illegal
alien who will perform work under this Contract and that the Consultant will
participate in the e-verify program or Colorado Department of Labor and
Employment (“Department”) program as defined in C.R.S. § 8-17.5-101 in
order to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Contract. The Consultant
shall not knowingly employ or contract with an illegal alien to perform work
under this Contract or enter into a contract with a subconsultant that fails to
certify to the Consultant that the subconsultant shall not knowingly employ or
contract with an illegal alien to perform work under this Contract. The
Consultant certifies that it has confirmed the employment eligibility of all
employees who are newly hired for employment to perform work under this
Contract through participation in either the e-verify program or the
Department program. The Consultant is prohibited from using either the e-
verify program or the Department program procedures to undertake pre-
employment screening of job applicants while this Contract is being
performed. If the Consultant obtains actual knowledge that a subconsultant
performing work under this Contract knowingly employs or contracts with an
illegal alien, the Consultant shall be required to: (i) notify the subconsultant
and Town within three days that Consultant has actual knowledge that the
subconsultant is employing or contracting with an illegal alien; and (ii)
terminate the subcontract with the subconsultant if within three days of
receiving the notice required pursuant to this subparagraph the
subconsultant does not stop employing or contracting with the illegal alien;
except that Consultant shall not terminate the contract with the
subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed
or contracted with an illegal alien. The Consultant shall comply with any
reasonable request by the Department made in the course of an
investigation that it is undertaking pursuant to the authority established in
C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the
Town may terminate this Contract for default in accordance with
“Termination,” below. If this Contract is so terminated, the Consultant shall
be liable for actual and consequential damages to the Town. (Note: this
paragraph shall not apply to contracts: (i) for Services involving the delivery
of a specific end product (other than reports that are merely incidental to the
performance of said work); or (ii) for information technology services and/or
products.)
11. Termination.
a. a. Without Cause. Either party may terminate this Contract without cause
upon thirty days prior written notice to the other. The Town shall be liable to
pay the Consultant for Services performed as of the effective date of
termination, but shall not be liable to the Consultant for anticipated profits.
b. For Default. Each and every term and condition hereof shall be deemed to
be a material element of this Contract. In the event either party fails to
perform according to the terms of this Contract, such party may be declared
in default. If the defaulting party does not cure said breach within ten days of
written notice thereof, the non-defaulting party may terminate this Contract
immediately upon written notice of termination to the other. In the event of
termination of this Contract pursuant to this Section, the non-defaulting party
shall be entitled to recover all damages caused by said default. In the event
that Consultant is in default, the Town may withhold payment to the
Consultant for the purposes of setoff until such time as the amount of
damages is determined.
12. Notices. Written notices shall be directed as follows and shall be deemed received
when hand-delivered or emailed, or three days after being sent by certified mail,
return receipt requested:
To the Town: To the Consultant:
Kevin Ash, PE Contact:____________________________
Town of Estes Park Company:___________________________
170 MacGregor Avenue Address:____________________________
Estes Park, CO 80517 ___________________________________
Email: kash@estes.org Email:______________________________
13. Special Provisions.
The Contract work shall be completed according to the schedule delivered in
Section 2.0 Schedule of Activities of the “Request for Proposal Consulting
Services Dry Gulch Roadway Improvements” unless otherwise modified in writing
with a subsequent Amendment to this Contract.
14. Time of the Essence. Time is of the essence in performance of the Services and is
a significant and material term of this Contract.
15. Entire Agreement. This Contract contains the entire agreement of the parties
relating to the subject matter hereof and, except as provided herein, may not be
modified or amended except by written agreement of the parties. In the event a
court of competent jurisdiction holds any provision of this Contract invalid or
unenforceable, such holding shall not invalidate or render unenforceable any other
provision of this Contract.
16. Assignment. The Consultant shall not assign this Contract without the Town’s prior
written consent.
17. Governing Law. This Contract shall be governed by the laws of the State of
Colorado, and venue shall be in the County of Larimer, State of Colorado.
18. Instruments of Service. Drawings, models, specifications, research, reports,
studies, data, photographs and other documents, including those in electronic form,
prepared by Consultant and its subconsultants in the performance of obligations
under this Contract are Instruments of Service for use solely with respect to the
project identified in this Contract. Consultant and its subconsultants shall be
deemed the authors and owners of their respective Instruments of Service and shall
retain all common law, statutory and other reserved rights, including copyrights;
except that, upon execution of this Contract, the Consultant grants to the Town a
non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the
Consultant's Instruments of Service solely in connection with the above-referenced
project, including the project's further development by the Town and others retained
by the Town for such purposes. The Consultant shall obtain similar licenses from its
subconsultants consistent with this Contract. Consultant shall, during the term of
this Contract provide the Town with copies of all Instruments of Service prepared by
Consultant or its subconsultants contemporaneous with such preparation, and shall
provide them in electronic format or any other format requested by the Town.
19. Attorney’s Fees and Costs. In the event it becomes necessary for either party to
bring any action to enforce any provision of this Contract or to recover any damages
from the other party as a result of the breach of this Contract, including, but not
limited to, defective work, and the party that prevails in such litigation, the other
party shall pay the prevailing party its reasonable attorney’s fees and costs as
determined by the court.
20. Electronic Signature. This Contract may be executed by electronic signature in
accordance with C.R.S. § 24-71.3-101 et seq.
Signed by the parties on the date written above.
Town of Estes Park, Colorado
By: ____________________________________
Title: ____________________________________
ATTEST:
________________________
Town Clerk
Consultant
By: ____________________________________
Title: ____________________________________
STATE OF ________________ )
) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ___ day of ___________________,
20 by __________________________________________________.
(Insert name of individual signing on behalf of the Consultant)
___________________________
Notary’s official signature
S E A L
___________________________
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 1
November 18, 2014
Board Room, Estes Park Town Hall
Commission: Chair Betty Hull, Commissioners Doug Klink, Charley Dickey, Kathy Bowers,
Nancy Hills, Steve Murphree, Wendye Sykes
Attending: Chair Hull, Commissioners Klink, Bowers, Dickey, Sykes, Hills, and Murphree
Also Attending: Community Development Director Alison Chilcott, Planner Phil Kleisler, Town
Board Liaison John Phipps, Larimer County Liaison Michael Whitley, Town
Attorney Greg White, and Recording Secretary Karen Thompson
Absent: None
Chair Hull called the meeting to order at 1:30 p.m. There were nine people in attendance. Each
Commissioner was introduced. Chair Hull explained the process for accepting public comment at
today’s meeting. The following minutes reflect the order of the agenda and not necessarily the
chronological sequence.
1. RECOGNITION OF COMMISSIONER BOWERS’ SERVICE TO THE PLANNING COMMISSION
Director Chilcott stated today was Commissioner Bowers’ last meeting. Her term expires in
December, and she will not be seeking reappointment. She stated her appreciation for
Commissioner Bowers’ time spent on the Commission. Commissioner Bowers expressed her
appreciation to staff and the Commission.
2. PUBLIC COMMENT
Jamie Prochno, National Flood Insurance Program Coordinator for the Colorado Water
Conservation Board (CWCB), spoke to the Commission to seek support for the watershed Master
Plans. The CWCB thinks the plans are very important to guide long-term flood recovery as well as
long-term land use planning and capital improvements. All those involved have worked very hard
on the Master Plans. Community support and participation is critical, and as the coalitions obtain
funding and begin to implement some of the projects, having the support of the Planning
Commission will put the Estes Valley in a good position for implementation.
3. CONSENT AGENDA
A. Approval of minutes, October 21, 2014 Planning Commission meeting.
It was moved and seconded (Dickey/Sykes) to approve the consent agenda as presented and the
motion passed 6-1 with Commissioner Hills abstaining.
4. DEVELOPMENT PLAN 2014-04; YMCA OF THE ROCKIES, MOUNTAIN CENTER, 2515 Tunnel Road
Planner Kleisler reviewed the staff report. This development is part of a long-range vision known
as the YMCA Master Plan, created in 2007. The owner/applicant is the YMCA, with Basis
Architecture and Cornerstone Engineering & Surveying being the architects and engineers,
respectively.
He stated the proposed development plan includes a 5,400 square foot building, 6,200 square
foot walkout area, and a 55-space parking lot. This LEED Certified building will be constructed in
one phase, though the construction date is not yet confirmed. The proposed location is near the
Lower Cookout Area. The proposed building will have an open floor plan that will accommodate a
variety of recreational uses by on-site guests. There will be a mix of uses – office space,
presentation room, climbing wall, nature center, equipment rooms, classrooms, etc. The goal is to
be a well-rounded recreation center.
Planner Kleisler stated the application has two components, the Development Plan and a request
for a height variance. Planning Commission is the decision-making body for the Development
Plan, and the Board of Adjustment will consider the height variance at their December meeting.
Planner Kleisler stated the application was routed to all affected agencies and adjacent property
owners. No written comments from property owners were received. One nearby property owner
came to the Community Development office to view the plans. The property is zoned A–
Accommodations, and the proposed recreational use is allowed. In accordance with the Estes
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
November 18, 2014
Board Room, Estes Park Town Hall
Valley Development Code, the height variance will be considered following all other reviews, prior
to submission of construction plans.
Planner Kleisler stated the architects have been discussing with staff the possibility of adding
exterior lighting in the parking area, which is not shown on these plans. A condition of approval
has been added to accommodate this revision. By doing so, the applicant would not need to come
back to the Planning Commission for a modification to the Development Plan. He assured the
Commission any revisions would comply with the EVDC.
Planner Kleisler stated the applicant requested one minor modification for driveway width, which
was approved by the Larimer County Engineering Department. The drainage report was
submitted and refers to the original drainage approvals. The County Engineer will review the final
construction plans to ensure compliance. Planner Kleisler stated the applicant will need to make a
few minor changes to the landscape plan, regarding specific types of landscaping. The existing
landscaping and trees will need to be protected during construction.
Planner Kleisler stated the proposed parking area complies with the EVDC. The number of
parking spaces proposed is what triggered the Development Plan requirement. In order to
determine the minimum number of parking spaces required, the architect pulled out each type of
proposed use and combined the minimum number of spaces per use to obtain a total number
required. Overall, the parking exceeds the requirements. He stated the Fire Marshall reviewed the
plans and made comments the applicant will need to address during the construction plan phase.
Planner Kleisler stated staff reviewed the application for consistency with the Estes Valley
Comprehensive Plan, and found the proposed development will advance several community-wide
policies. Staff has recommended approval, with conditions of approval listed below. The
additional condition concerning the parking lot lighting has been added to the end of the list.
Staff Findings
Based on the foregoing, staff finds:
1. The Development Plan application complies with EVDC Section 3.8.D Development Plan
Standards for Review, provided that the application is revised to comply with recommended
conditions of approval by staff and affected agencies.
2. The Development Plan is consistent with the YMCA of the Rockies Estes Park Master Plan,
approved by the Town Board and County Commissioners in 2007.
3. The Planning Commission is the Decision-Making Body for the proposed Development Plan.
4. This Development Plan (2014-04) requires a height variance, in which the Board of
Adjustment is the decision-making body. Should the requested height variance be denied, the
applicant shall amend the development plan to comply with the EVDC height limitations.
Staff and Commission Discussion
None.
Public Comment
Steve Lane/Basis Architecture stated the proposed building is the one you would visit when
staying at the YMCA and participating in outdoor activities. The proposal includes a climbing wall,
which is considered an important asset during inclement weather. The proposed nature center
will allow first-time visitors to gain an understanding about the surrounding environment; what to
expect, and how to behave. He explained the reason for the height variance request, stating the
building will exceed 30 feet in a small area where the ground slopes downward. The parking lot
lighting revision came about after discussions concerning guest safety when entering or leaving
the parking area in darkness. Long day-trips could begin before sunrise or end after sunset.
Minimum lighting is planned. Mr. Lane stated they were working hard to construct the building to
be qualified for LEED certification. Several models were being run to determine the level of
certification, and he was confident the building would qualify at some level.
Public comment closed.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 3
November 18, 2014
Board Room, Estes Park Town Hall
Conditions of Approval
1. Compliance with the following affected agency comments:
a. Memo from Upper Thompson Sanitation District dated October 1, 2014
b. Memo from Estes Valley Fire Protection District dated October 1, 2014
c. Email from Larimer County Engineering Department dated October 15, 2014
d. Memo from Town of Estes Park Community Development Department dated October 24,
2014.
2. Any future exterior parking lot lighting shall require compliance with the 2107 Master Plan
conditions of approval, including a photometric study and pole height limitation of fifteen (15)
feet.
It was moved and seconded (Bowers/Murphree) to approve Development Plan 2014-04 with the
findings and conditions recommended by staff and the motion passed unanimously.
REPORTS
1. Director Chilcott reported on the process for interviewing applicants for the upcoming
vacancy on the Planning Commission. The interview team will consist of Trustee Phipps,
Mayor Pro-tem Koenig, Chair Hull, and Director Chilcott. A recommendation will be made by
the team to the Town Board. Prior to the new appointee’s first meeting, he/she will receive
training and will be introduced to the Commission via a detailed email containing background
information the Commission may find worth noting.
2. Director Chilcott distributed to each Commissioner the book titled Citizens Guide to Planning
Commissions, and encouraged everyone to read it by the end of the year. Beginning the first
of the year, the Commission will be discussing the book at various study sessions.
3. Planner Kleisler reported on the modernization of the Estes Valley Comprehensive Plan,
stating he has been working through a lot of the statistical numbers in the economic section.
Many formulas needed to be recreated, which was time-consuming. Some existing tables will
be eliminated (e.g. Bank Deposits, Water Meters, etc.). Staff will be reaching out to the
Economic Development Corporation for comments and suggestions. Additional research has
been conducted concerning housing values and comparisons with other similar communities
regarding second homes. He encouraged the Commission to look at the maps page on the
state’s Department of Local Affairs (DOLA) website, as many are interactive and very
interesting. He is hoping to incorporate similar interactive features into many of the new
charts. Director Chilcott added the interactive feature on the maps will also be available when
the new Town website goes live in the next month or so.
4. Town Board Reviews: Planner Kleisler reported the Falcon Ridge Amended Plat and a Stone
Bridge Estates Supplemental Condominium Map will be reviewed on November 25, 2014.
5. County Commission Reviews: Planner Kleisler reported the Amended Planning Commission
Bylaws and the Hayden’s Resubdivision Amended Plat were approved November 17, 2014.
6. Board of Adjustment Reviews: Planner Kleisler reported two setback variances were granted
in November; one for a deck addition and the other to add an addition to an existing home
where the setback requirements exceeded the width of the lot.
7. Staff-Level Variances: Planner Kleisler reported two variances were approved by staff, as the
request for encroachment into the setback was 10% or less than the requirement. In both
cases, adjacent property owners were notified and no comments or concerns were received
by staff. If there were neighbor concerns, the application would have been reviewed by the
Board of Adjustment.
8. Flood Recovery: Director Chilcott report the Town received a grant from DOLA to hire an
Environmental Planner for two years, to focus solely on flood recovery. Interviews were
conducted on November 17th, and she was going to offer the position to one of the
candidates. The new planner will be working closely with the watershed coalition on the
Master Plans, doing research for the National Flood Insurance Program’s Community Rating
System (CRS), which provides reduced rates depending on participation and qualifying factors,
and other flood-related topics. She reported the Fall River and Fish Creek Master Plans are
moving along nicely and encouraged Commissioners to look at their websites. A meeting was
held this morning to prioritize projects along both corridors. Revisions are still being made, as
a result of the public open houses last week. Walsh Environmental has been conducting one-
on-one interviews to obtain additional public input. Not all proposed plans have been well
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 4
November 18, 2014
Board Room, Estes Park Town Hall
received. Some will be removed from the plans, others will require additional discussion. In
some cases, more than one option will be included on the plan. Director Chilcott reported a
match grant was received through the Community Development Block Grant – Disaster
Recovery (CDBG-DR). Discussions will need to occur to determine how the funds can be used.
9. Director Chilcott reported the Town Board Study Session on January 13, 2015 will include a
preliminary discussion for the vision of the downtown area, and how all the various projects
will fit together (FLAP, Master Plan, Wayfinding, etc.). She encouraged the Planning
Commission to attend. Please check the Town website for meeting start time.
10. Town Attorney White reported on discussion at the study session, it was determined there
was no need for a Planning Commission meeting in December. However, in order to
accommodate some major developments, staff would like to hold a special Planning
Commission meeting on January 6, 2015, at 1:30. A study session would preclude this
meeting at a time to be determined. This meeting would be in lieu of the regularly scheduled
January meeting. Officers would be elected at the January meeting.
Town Attorney White stated as discussed in the study session, right now there appears to be no
need for the December meeting, but in order to accommodate some major developments we
would like to have the board set a special meeting for the January Planning Commission meeting
for January 6th at 1:30 p.m., with a study session at whatever time is appropriate. In order to set
that special meeting, the Planning Commission needs to do that by a motion. Director Chilcott
added it would be a cancellation of the December and January meetings and setting a special
meeting. Chair Hull stated the motion would state that the December Planning Commission
meeting and the January 20th (regularly scheduled) Planning Commission meeting would be
cancelled. In place of that, there would be a January 6th Planning Commission meeting.
It was moved and seconded (Hull/Murphree) and the motion passed unanimously.
Director Chilcott added the January 6th meeting would be when the election of officers would
take place. Chair Hull commented affirmative.
There being no further business, Chair Hull adjourned the meeting at 2:27 p.m.
___________________________________
Betty Hull, Chair
___________________________________
Karen Thompson, Recording Secretary
Town of Estes Park, Larimer County, Colorado, November 19th, 2014
Minutes of a Regular meeting of the Transportation Advisory Committee of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Rooms 202 & 203 of Town
Hall, in said Town of Estes Park on the 15th day of October, 2014.
Present: Kimberly Campbell
Ann Finley
Stan Black
Bryon Holmes
Gregg Rounds
Amy Hamrick
Belle Morris
Cory LaBianca
Also Present: Kevin Ash, Public Works Civil Engineer
Jen Imber, Public Works Administrative Assistant
Sandy Osterman, Shuttle Committee Representative
John Ericson, Town Board Liaison
Bob Holcomb
Absent: Thom Widawski
Chair Campbell called the meeting to order at 12:01 p.m.
GENERAL DISCUSSION
Chair Campbell opened the floor to public comment. Members of the public in
attendance declined to comment.
Minutes from the October meeting were reviewed by members. It was moved and
seconded (Hamrick/Finley) to approve the October minutes, with the motion passing
unanimously.
STAFF UPDATES ON TOWN PROJECTS
Kevin Ash informed the committee of the Transit Hub Parking Structure pre-bid meeting
held on November 12th. Many contractors were in attendance and staff feels confident
competitive bids will be received at the bid opening on November 25th. The Town has
set forth a challenging schedule of completion for this project. John Ericson reported the
Town Board’s dedication to keeping construction on schedule, and informed of a special
Study Session scheduled for December 2nd at 5:00 pm. At that time, staff will give a bid
summary to the Town Board so discussion and consensus may be reached regarding
the construction contract consent item, which will be voted on at the December 9 th Town
Board meeting.
Regarding the Downtown Estes Loop project, the committee was informed that the next
public sessions will be held in early 2015.
SHUTTLE COMMITTEE UPDATE
Sandy Osterman reported that the 2015 shuttle schedule had been finalized, with 12
weeks of service starting on June 27th through September 13th. Clean diesel bus with
ADA accessibility has been added to the fleet, increasing capacity for the Brown Route.
The Silver Route will be adding one stop at EPMC and second stop at the new Event
Center. The Elkhorn Express proved to be a positive addition to the shuttle fleet,
carrying an additional 2158 passengers for events and festivals outside of the regular
2014 schedule. The Shuttle Committee is considering a change to the wrap or logo on
the side of shuttles to make routes more easily recognizable for guests.
PRIORITIZING COMMITTEE TASK LIST
At the October meeting, Director Muhonen provided a memo outlining six tasks for
consideration by the committee. The group discussed prioritization of these tasks,
selecting the Downtown Estes Loop Route Selection as their top task, followed in
Transportation Advisory Committee – November 19th, 2014 – Page 2
priority by the Major Event Traffic Congestion Management Plan and then the
Downtown Parking Policy.
The Downtown Estes Loop Route Selection was chosen as top priority because of the
immediacy of the timeline in relation to other tasks, as well as the magnitude of impact
the project will have on downtown transportation. The Major Event Traffic Congestion
Management Plan was chosen to tackle second in order to implement the plan in the
summer 2015 season, which could in turn provide information beneficial in developing a
Downtown Parking Policy.
Amy Hamrick suggested a New Member Orientation Plan could be quickly and easily
developed by a subcommittee. Amy will work with Cory LaBianca to map out a workplan
for orientation and present it at the January 2015 meeting.
REWORKED COMMITTEE BYLAWS
Director Muhonen and Chair Campbell edited the bylaws to reflect a change in the
committee name, as well as the type of advisory committee. The revised bylaws draft
was provided for comment. Changes also included reworked sections on the committee
role, as well as meeting times of once per month vs. quarterly. The committee
discussed the draft bylaws and minor edits were suggested. A final draft of the revised
bylaws and notification of intent to approve at the December meeting will be provided at
least 20 days beforehand to the committee members. After approval from the
committee, the bylaws will be provided to the Town Board for formal acceptance.
Section V on Attendance may need to be modified to be consistent with the committee
bylaws template currently being updated by Administrator Lancaster.
With no other business to discuss, Chair Campbell adjourned the meeting at 1:57 p.m.
.Town of Estes Park, Larimer County, Colorado, November 20th, 2014
Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Town Hall Room 100, Engineering
Conference Room, in said Town of Estes Park on the 16th day of October, 2014.
Present: Dewain Lockwood
Merle Moore
Ronna Boles
Celine Lebeau
Terry Rustin (by phone)
Also Present: Greg Muhonen, Public Works Director
Kevin McEachern, Public Works Operations Manager
Brian Berg, Parks Division
Jen Imber, Public Works Administrative Assistant
Bob Holcomb, Town Board Trustee
Absent: Chris Reed
Chair Lebeau called the meeting to order at 12:31 p.m.
GENERAL BUSINESS
It was moved and seconded (Lockwood/Moore) to approve the October 16th meeting
minutes and the motion passed unanimously.
511 W. ELKHORN AVENUE POCKET PARK
Terry Rustin provided a memo with photos regarding the proposed pocket park along
this section of the Riverwalk. Due to the trash/debris-filled property on the south side of
the river, Terry doesn’t recommend the placement of a pocket park in this location.
Ensuing discussion centered around solutions for screening this small section of
unattractive property adjacent to the proposed park, including t rees or plants on the
Town’s property or a privacy fence on the apartment-side of the river. Upgrading the
park could provide incentive for other properties in that area to make improvements and
the board feels it is still a great opportunity for advancements.
Brian Berg informed the board that allocating time and money to this west section of the
Riverwalk would divert resources away from the Town’s current effort to upgrade the
east side of the Riverwalk. Core parks and the Riverwalk are not currently up to the
standard the Town is hoping to maintain. Upgrading the downtown corridor is the
Town’s priority, and this core area should be completed before expanding efforts to
other areas. Staff recommends revisiting the West Elkhorn Riverwalk improvements
project in a few years, to avoid pulling away resources from the priority upgrades .
Merle Moore asked about the discussion with private property owner regarding work
done on Town property. Operations Manager McEachern was not aware of any
conversations that had taken place between staff and the property owner since the
October PAB meeting.
PUBLIC ART ORDINANCE
Director Muhonen proposed Town Hall wall space be taken into consideration when
developing the public art policy. Merle Moore and Terry Rustin stated it was woven into
the fabric of the draft policy, effectively addressing those concerns.
PUBLIC ART GUIDELINES DOCUMENT
The subcommittee consisting of Merle Moore and Terry Rustin reviewed art policy
documents from other cities and followed a similar format when drafting the Town’s
ordinance and guidelines. The Town’s draft art policy documents were provided to the
board for review.
Parks Advisory Board – November 20th, 2014 – Page 2
The subcommittee examined funding mechanisms for purchasing, installing and
maintaining public art. A funding source such as adding a percentage into capital
construction costs would be a very unstable cash flow for the program and would not
provide much of a budget for acquiring new art, so it would be advisable for the Town to
have a system in place that encourages art donation. Most artwork currently seen
around Town is donated and the board must be careful not to craft a policy that
diminishes this trend.
Artwork maintenance is currently budgeted annually, but the Parks Division picks up the
cost of installation as donated artwork is acquired. A required percentage of capital
construction costs could help diffuse both maintenance and installation costs. Director
Muhonen pointed out that most high-dollar capital projects are undertaken by the Town,
and that a required percent dedicated to an art fund would simply be dipping into public
funds. Making installation a condition of the donation was also discussed. Several
members felt it was important to determine if the policy’s purpose is to control the
quality and types of donations or to develop a steady stream of incoming art. If the
Town is willing to continue funding for installation and maintenance of donated art, no
funding mechanism is needed. PAB should determine what a reasonable budget
amount would be for this purpose annually. Currently $5000 per year is budgeted for
cleaning and maintenance of artwork.
Discussion on funding mechanisms will continue in December.
LANDSCAPING OF THE NEW TRANSIT HUB PARKING STRUCTURE
PAB members asked about the allocated/rolled over funds from previous years that
were set aside to hire a landscape architect for the master planning of the parking
structure site. Director Muhonen and Operations Manager McEachern will follow up on
the status and availability of these funds.
With no other business to discuss, a motion was made (Lockwood/Moore) to adjourn
the meeting at 1:35 pm, with all voting in favor.
RESOLUTION NO. 01-15
WHEREAS, Section 26-6-402(2)(c) of the “Colorado Sunshine Act of 1972” as
amended, requires a municipality to designate a public place to post notices of its
meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1. That the lobby area immediately adjacent to the Administrative Offices in
the Estes Park Town Hall, located at 170 MacGregor Avenue, Estes Park,
Colorado, is hereby designated as the Public Place for Posting Notices of
Town Meetings.
DATED this day of , 2015.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
FINANCE DEPARTMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland, Finance Officer
Date: January 13, 2015
RE: Energy Impact Assistance Fund Grant for Estes Park Flood Recovery
Staffing
Objective:
To hire one additional position (Grant Accountant) to assist with flood recovery efforts
with funds from the Department of Local Affairs (DOLA), Energy/ Mineral Impact
Assistance Funds.
Present Situation:
As a result of the September 2013 floods, increased workload on Town employees (in
this case, the Finance Department) has resulted in a need for additional help.
Proposal:
The Finance Department proposes to hire a Grant Accountant to assist with flood
recovery work including accounting functions on disaster related grants, single audit and
specialized accounting duties. The person in this position will also assist with
reimbursement requests and assuring compliance.
Advantages:
Existing employees will more effectively carry out their daily, non-flood responsibilities.
Position is funded from the Department of Local Affairs (DOLA). The position is fully
funded by a grant for 24 months for a total amount of $155,388, including benefits. This
is a full time temporary position.
Disadvantages:
There are no significant disadvantages.
Action Recommended:
It is recommended to the Board to approve this grant-funded position.
Budget:
This position is included in the 2015 budget in the appropriate department/fund. Funding
and expenditures for this position appear in the same department/fund (Finance).
Level of Public Interest
Low
Sample Motion:
I move for the approval of hiring the Grant Accountant position, which is funded by
Department of Local Affairs (DOLA).
Attachments:
This is an amendment to the original State Grant Agreement and does not require the
Mayor’s signature.
Copy of the original grant award letter and contract
Copy of amended grant award letter and contract
Page 1
POLICE DEPARTMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Wes Kufeld, Chief of Police
Date: January 13, 2015
RE: Estes Valley Victim Advocates Contract
Background:
Each year, the Estes Valley Victim Advocates receive funding from the Town of Estes
Park for services rendered to crime victims who are residents of the Estes Valley. This
year we have altered the contract slightly to renew for three years with the stipulation
that funds will be appropriated for this contract annually. In addition, we have changed
reports to an annual basis instead of bi-annual.
Budget:
$8,000.00 has been budgeted in 2015; which will be distributed equally each quarter
from line item 101-2100-421.22-98. Future years will be budgeted accordingly.
Recommendation:
Move to approve the Estes Valley Victim Advocate Contract for a 3 years renewal
pending budget approval annually.
CONTRACT FOR SERVICES
TOWN OF ESTES PARK
THIS CONTRACT, dated this ____________ day of______________, 2015, is by and between the TOWN OF
ESTES PARK, STATE OF COLORADO, 170 MacGregor Ave., Estes Park, CO, a body politic and corporate
(the "Town"), and ESTES VALLEY VICTIM ADVOCATES, INC. ("Contractor".)
RECITALS
WHEREAS, the Town plans to continue a project entitled, "ESTES VALLEY VICTIM
ADVOCATES," and
WHEREAS, the Town desires to retain the services of the Contractor to assist it in studies relative
thereto and the planning and designing thereof as set forth in this agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and
for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the Town and
the Contractor agree as follows:
1. CONTRACT DOCUMENTS: the "Contract Documents" shall consist of the following:
a. This Contract;
b. The Scope of Services, attached hereto as Exhibit "A;"
All of which are incorporated by reference as though set forth in full herein, whether or not
attached hereto, and shall form an integral part of this contract. If there is any conflict between this
Contract and the other Contract Documents, this Contract shall control.
2. THE WORK:
The Contractor shall furnish the labor, equipment, materials and supervision necessary for or
incident to the complete and timely performance of everything described or reasonably implied
from the Contract Documents (the "Work") except as provided for herein.
3. INSPECTION:
The Town reserves the right to monitor and evaluate the progress and performance of the
Contractor to ensure that the terms of this agreement are being satisfactorily met in accordance with
the Town and other applicable monitoring and evaluation criteria and standards. Contractor shall
cooperate with Town relating to such monitoring and evaluation.
4. PAYMENT:
Upon satisfactory completion of the Work, and provided that Contractor is not in default of the
Contract, the Town shall pay the Contractor the firm fixed price of EIGHT THOUSAND DOLLARS
AND 00/00 $8,000 in quarterly fund distribution on or about January , April , July and October , in
equal increment payments of $2,000.
5. TERMINATION:
The Town reserves the right to terminate this Contract, in whole or in part, with or without cause
upon thirty (30) days written notice to the Contractor.
In the event of termination, the Contractor shall incur no additional expenses and shall perform no
further services for the Town under this Contract as of the date of receipt of the notice of
termination unless otherwise specified by the Town.
The Town shall pay the Contractor for all services satisfactorily performed prior to receipt of the
notice of termination and for other services required by the Town to be completed prior to
termination and satisfactorily performed.
In the event of termination for cause, the Contractor shall be liable for any and all damages,
including without limitations, the cost of procuring similar supplies or services and all other costs
and expenses incurred by the Town because of such failure.
6. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND UNEMPLOYMENT
INSURANCE:
In performing the Work, the Contractor acts as an independent contractor and is not acting as an
agent, servant or employee of the Town. The Contractor is solely responsible for necessary and
adequate worker's compensation insurance and shall be responsible for withholding and paying
all federal and state taxes. The Contractor and its employees are not entitled to unemployment
insurance benefits unless unemployment compensation coverage is provided by the Contractor
or an entity other than the Town.
The Contractor understands and agrees that it is an independent contractor under the terms and
conditions of this Agreement. As such, the Contractor is not entitled to employment or insurance
benefits through the Town. Also, the Contractor understands and agrees that it is solely
responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes.
The Contractor also understands and agrees that it is responsible for workers' compensation
coverage and taxes for itself and any employee.
7. INDEMNIFICATION:
The Contractor hereby agrees to and does indemnify, defend, save and hold the Town harmless from
any and all liability, loss, costs, charges, penalties, obligations, expenses, attorney's fees, litigation,
judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of
or by any reason of any violation of the contract or of any law, ordinance or regulation by the
Contractor, his agents, employees, servants, subcontractors, business invitees; or by reason of any
injury or damage however occurring to any person or persons whomever (including the Contractor,
his agents, employees, servants, subcontractors, or business invitees) or to property of any kind
whatsoever and to whomever belonging (including the Contractor, his agents, employees, servants,
subcontractors or business invitees)- or from any cause or causes whatsoever arising out of the
performance of services hereunder.
1. INSURANCE REQUIREMENTS:
a. The Contractor and its subcontractors shall purchase and maintain such insurance in a company or
companies licensed to do business in the State of Colorado as will protect them from claims which may
arise out of or result from operations under the Contract whether such operations be by themselves or
by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for
whose acts any of them may be liable. The insurance required by this Contract is set forth below:
b. Comprehensive General Liability: The Contractor shall procure and keep in force during the
duration of this contract a policy of Comprehensive General Liability insurance insuring the Contractor
and naming the Town as an additional insured against any liability for personal injury, bodily injury, or
death arising out of the performance of services hereunder and against liability for property damage
with a combined single limit of at least $1,000,000. The limits of said insurance shall not be a limit to the
liability of the Contractor hereunder.
c. Comprehensive Automobile Liability: The Contractor shall procure and keep in force during the
duration of this contract a policy of Comprehensive Automobile Liability insurance, insuring the
Contractor and naming the Town as an additional insured against any liability for personal injury,
bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the
site of all vehicles controlled by the Contractor, whether they are owned, non-owned, or hired, with a
combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to
the liability of Contractor hereunder.
d. Other Insurance: The Contractor shall procure and keep in force during the term of this Contract,
Worker's Compensation and such other insurance as may be required by any applicable law, ordinance
or governmental regulation.
e. Terms of Insurance: Insurance required shall be with companies qualified to do business in the State
of Colorado with a general policy holder's financial rating of not less than that of "A" as set forth in the
most current edition of "Best's Insurance Reports", and may provide for deductible amounts as the
Contractor may deem to be reasonable for completion of the Work, but in no case greater than $20,000.
The Contractor shall not do nor permit to be done anything which shall invalidate the insurance policies
referred to in this section, and the Contractor shall immediately advise the Town in writing if a
reduction in coverage or other modification of the insurance coverage occurs. Insurance policies shall be
for the mutual and joint benefit and protection of the Contractor and the Town. Such policies shall be
written as primary policies not contributing to and not in excess of coverage which the Town must
carry.
f. Proof of Insurance: Prior to the commencement of the Work, the Contractor shall furnish to the Town
certificates of insurance policies evidencing the required coverage. Such certificates shall provide that
cancellation of the policies in such insurance shall not be effective until thirty (30) days after written
notice to the Town.
The Contractor shall identify whether the type of coverage is "occurrence" or "claims made". If the type
of coverage is "claims made" which at renewal, Contractor changes to "occurrence", Contractor shall
carry a six-month tail.
The Contractor agrees to insert the substance of these insurance requirements in all subcontracts.
Furthermore, the Town will hold the Contractor responsible in the event the subcontractor fails to have
adequate insurance.
g. The Town reserves the right to approve variations in the above requirements upon request of the
Contractor, in the Town's sole discretion.
h. Nothing contained in this agreement constitutes a waiver of the Town’s governmental immunity
pursuant to the applicable provisions of the Colorado Governmental Immunity Act.
9. AMENDMENT:
a. This Contract contains the entire agreement of the parties relating to the subject matter
hereof and, except as provided; this Contract may not be modified or amended except by
written agreement of the parties.
b. The Town reserves the right to omit any of the tasks identified in the Scope of Services
upon written notice to the Contractor.
10. MISCELLANEOUS PROVISIONS:
Governing Law and Venue: This Contract shall be governed by the laws of the State of Colorado and
venue shall be in the County of Larimer, State of Colorado.
Assignability: This Contract is voidable by the Town if assigned by the Contractor without the prior
written consent of the Town.
Survival Clause: The indemnification provision of this Contract shall survive the completion of the
Work and the termination of this Contract.
Compliance with the Laws: The Contractor shall observe and comply with all applicable laws,
including but not limited to federal, state and local laws, regulations, rules or ordinances that effect
those employed or engaged by it, the materials or equipment used for the conduct of the Work, and
shall procure any and all necessary approvals, licenses and permits, all at its own expense.
Severability: If any provision in this Contract shall be declared by a court of competent jurisdiction to
be invalid, such decision shall not invalidate any other part or provision hereof.
Renewal: This contract is subject to renewal annually upon review and agreement of the Contractor
and the Town.
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
TOWN OF ESTES PARK
BY: __________________________________
Mayor
ATTEST:
__________________________________________
Town Clerk
ESTES VALLEY VICTIM ADVOCATES, INC.
ATTEST: BY: ___________________________________
___________________________________________
EXHIBIT A
SCOPE OF SERVICES
1. Term of Service: The term of this agreement shall be from January 01, 2015, through December 31,
2017, unless earlier termination pursuant to the Contract. This Contract shall be renewed and/or
modified as necessary before the beginning of a new grant term and prior to the termination date of
the Contract. This contract renewal is subject to the Town Board appropriating funds annually for
this service.
2. Remuneration for Services:
The Town shall pay Contractor the amount of $8,000 for immediate victim assistance as set forth in
paragraph three ("Services Provided") herein. Providing services to victims of crime ($5,500) and
crisis intervention ($2,500) in non-criminal incidents. The Town's obligation to Contractor shall not
exceed a total of $8,000 for the entire term of this Contract.
The Town shall also provide "in kind" contributions such as temporary use of a telephone and/or
office while in the service of victims at the Police Department.
3. Services Provided:
Contractor shall provide the following services:
1. Representatives to respond by phone or in person for immediate crisis intervention and
counseling.
2. Contractor shall provide twenty-four (24) hour phone referral services and/or other assistance
to victims of all crimes in accordance to the laws of the State of Colorado.
4. INDEMNIFICATION:
By accepting referrals from the Town to Estes Valley Victim Advocates, Inc., Contractor hereby
agrees to fully comply with the provisions of the Americans with Disabilities Act ("ADA").
Contractor agrees to be fully responsible and liable for making counseling and support programs
available for use by disabled participants.
Contractor agrees to and does indemnify and hold the Town and its agents and employees harmless
from and against any and all claims, damages, losses, injuries, costs and expenses, including
attorney's fees relating to or arising out of Contractor's failure to comply with the ADA.
5. POLICE RECORDS RELEASES:
By accepting copies of official and confidential Police Reports, Contractor agrees to not release these
reports, or any information contained therein, to anyone except its own agents/representatives who
are acting in the capacity of providing the aforementioned services to the Town.
Contractor assumes full responsibility for any and all breaches of confidentiality or security of
records; and agrees to and does indemnify the Town for any and all liability, loss, damage, costs,
expenses and attorney's fees resulting from said breach by Contractor, its agents, servants, and
employees.
6. BI-ANNUAL AND ANNUAL REPORTS:
Contractor shall provide the Town with annual reports on the type and total number of crimes
responded to through the Project.
These statistics shall include whether the victim was initially contacted at the time the crime
occurred, noting if response was either in person, at the scene, or by phone at the scene.
If initial victim contact transpires at a later time, the statistics shall indicate whether the victim was
contacted in person, by phone, or by mail.
Contractor shall provide the Town with annual reports and adequate documentation referencing
any paid positions within their organization maintained in whole or in part by grant monies
obtained by the Town.
Depending upon the term and conditions of the grant, Contractor shall also provide the Town with
the total final statistics that, in turn will be submitted to the grantor for any required reporting
period.
Finance Department Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland, Finance Officer
Date: 01-13-2015
RE: Signatory Authority Delegation for CDBG-DR Grants
Objective:
Delegate signing authority to Town Administrator Frank Lancaster and Finance Officer
Steve McFarland.
Present Situation:
Currently the Mayor is the only person who has signatory authority on all Community
Development Block Grant-Disaster Recovery (CDBG-DR) grant documents including
payment (reimbursement) requests, quarterly financial status reports, quarterly project
performance reports, monitoring documents and certified payroll documents.
Proposal:
The present situation will be improved with authority delegation from the Mayor to Town
Administrator Lancaster and Finance Officer McFarland to efficiently obtain required
signatures on documents. Grant documentation is managed by the department
responsible for the grant and the Finance Department.
(As an aside, the Grant language requires the Mayor to specifically designate Town
Administrator Lancaster and Finance Officer McFarland. The normal procedure would
be to designate Town Administrator Lancaster and allow him to designate further
authority.)
Advantages:
Expedite document submission by having Town employees with signatory authority.
Disadvantages:
None
Action Recommended:
Approval of signatory authority from the Mayor to Town Administrator Lancaster and
Finance Officer McFarland.
Budget:
Not applicable
Level of Public Interest
Low
Sample Motion:
I move to approve delegating signatory authority from the Mayor to Town Administrator
Lancaster and Finance Officer McFarland for CDBG-DR required grant documents.
Attachments:
1. Signatory authority delegation form for Town Administrator Frank Lancaster
2. Signatory authority delegation form for Finance Officer Steve McFarland
3. Signatory authority delegation Resolution # 04-15
Must be on Town letterhead
Signatory Authority & Delegation of Signatory Authority
The Town of Estes Park (Town) presents this Signatory Authority and Delegation of Signatory Authority
for consistency and expediency of processing official documents for Department of Local Affairs
(DOLA) grants awarded to the Town.
The Town of Estes Park has attached Board Resolution to document the delegating of unlimited signatory
authority to Frank Lancaster, Town Administrator and an employee of the Town.
The above authorization will commence on the date of this statement, as attested to below, and will apply
for the duration of the following grant contracts. This signatory authority delegation may be amended
from time-to-time with additional grants awarded to the Town from DOLA.
1. DOLA, Energy/ Mineral Impact Assistance Funds (EIAF), Staffing Assistance Flood Recovery,
Contract #7634 and amendment 1
2. DOLA – Office of Emergency Management (OEM) – Community Development Block Grant –
Disaster Recovery (CDBG-DR), Downtown Estes Park Flood Mitigation HMGP Cost Share,
Contract #R1-40-4&5
3. DOLA – OEM – CDBG-DR, Fish Creek Utilities FEMA PA Cost Share, Contract #R1-60-9
4. DOLA – CDBG-DR planning grant, Fish Creek Master Plan, Contract # F5-DR-R1-P14013
Mayor
Signature of authorized individual Title Date
Town Clerk
Attested by Title Date of commencement
Town logo
Signatory Authority & Delegation of Signatory Authority
The Town of Estes Park (Town) presents this Signatory Authority and Delegation of Signatory Authority
for consistency and expediency of processing official documents for the Department of Local Affairs
(DOLA) grants awarded to the Town.
The Town of Estes Park has attached Board Resolution to document the delegating of unlimited signatory
authority to Finance Officer Steve McFarland, Finance Officer and an employee of the Town.
The above authorization will commence on the date of this statement, as attested to below, and will apply
for the duration of the following grant contracts. This signatory authority delegation may be amended
from time-to-time with additional grants awarded to the Town from DOLA.
1. DOLA, Energy/ Mineral Impact Assistance Funds (EIAF), Staffing Assistance Flood Recovery,
Contract #7634 and amendment 1
2. DOLA – Office of Emergency Management (OEM) – Community Development Block Grant –
Disaster Recovery (CDBG-DR), Downtown Estes Park Flood Mitigation HMGP Cost Share,
Contract #R1-40-4&5
3. DOLA – OEM – CDBG-DR, Fish Creek Utilities FEMA PA Cost Share, Contract #R1-60-9
4. DOLA – CDBG-DR planning grant, Fish Creek Master Plan, Contract # F5-DR-R1-P14013
Mayor
Signature of authorized individual Title Date
Town Clerk
Attested by Title Date of commencement
RESOLUTION # 04-15
WHEREAS, the Town of Estes Park has applied for and has received grants and funds
through the Department of Local Affairs (“DOLA”) of the State of Colorado as follows:
1. DOLA, Energy/ Mineral Impact Assistance Funds (EIAF), Staffing Assistance Flood
Recovery, Contract #7634 and amendment 1
2. DOLA – Office of Emergency Management (OEM) – Community Development Block
Grant – Disaster Recovery (CDBG-DR), Downtown Estes Park Flood Mitigation HMGP
Cost Share, Contract #R1-40-4&5
3. DOLA – OEM – CDBG-DR, Fish Creek Utilities FEMA PA Cost Share, Contract #R1-60-
9
4. DOLA – CDBG-DR planning grant, Fish Creek Master Plan, Contract # F5-DR-R1-
P14013
; and
WHEREAS, the Board of Trustees desires to delegate to the Town Administrator and/or
the Town Finance Officer signatory authority for the purpose of executing documents, reports,
and certifications to DOLA as required by the terms and conditions of the above four listed
grants and programs.
NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE WHICH
ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
1. The Town Administrator, Frank Lancaster, and/or the Town Finance Officer, Steve
McFarland, are hereby delegated unlimited signatory authority for the purpose of
executing documents, reports, and certifications including, but not limited to, payment
requests (reimbursement requests from the Town to the State), quarterly financial status
reports, quarterly project performance reports, monitory documents, and certified payroll
with regard to the above four listed grants and programs.
2. This unlimited signatory authority shall be for the duration of all of the above four listed
grants and programs.
Dated this___________________________, 2015.
______________________________
Mayor
ATTEST:
________________________________________
Town Clerk
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Phil Kleisler, Planner II
Date: January 13, 2014
RE: CONDOMINIUM MAP, Supplemental Condominium Map #4, The Meadow
Condominiums, Units 9 & 10, 351 & 355 Kiowa Drive, Marys Meadow
Development, Inc./Owner. Planner Kleisler.
Objective:
Review of The Meadows Supplemental Condominium Map application, submitted by
applicant Greg Coffman, for compliance with the Estes Valley Development Code.
Present Situation:
The site is zoned A-Accommodations, and is located at the northwest corner of Mary’s
Lake Road and Kiowa Drive. Development Plan DP 06-01 is approved for 35 units.
Eight (8) of the 35 units approved on this site have been built.
Pursuant to state law, condominium units may not be finalized until the units are
substantially complete. Because of this, final “supplemental maps will be submitted as
the project builds out. According to the procedure set forth in the Estes Valley
Development Code, the Final Condominium map proceeds directly to the Board and is
not reviewed by the Planning Commission.
This proposal complies the applicable standards of the EVDC, specifically:
Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H
“Condominiums, Townhouses and Other Forms of Airspace Ownership.”
Proposal:
Approving the subject Supplemental Condominium Map will allow sale of the units. This
is the fourth supplemental condominium map, condominiumizing a duplex containing
Units Nine and Ten. Units are addressed 351 and 355 Kiowa Trail.
Advantages:
• Compliance with the Estes Valley Development Code.
Disadvantages:
None
Action Recommended:
Staff recommends APPROVAL of the application CONDITIONAL to:
1. Compliance with Development Plan 06-01 “Marys Meadow”; and
2. Verify and if necessary edit the following for consistency:
a. The deck LCE depicted on the floor plan for Unit 9 is slightly different from
that of the site plan.
Budget:
N/A
Level of Public Interest:
No public comment has been received.
Sample Motion:
I move to Approve (Deny) the proposed Supplemental Condominium Map.
Attachments:
1. Exhibit A Map
2. Exhibit B Map
3. Statement of Intent
4. Proposed Condo Map
A
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RE
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MARYS LAKE RD S SAINT VRAIN AVEKI
OWA CTPROMONTORY DR0 100 200Feet
1 in = 200 ft ±Town o f Estes ParkCommunity DevelopmentExhibit A Map
Printed: 12/30/2014Created By: phil kleisler
Parcels-Larimer selection
Town Boundary
Parcels-Larimer
Zoning
Project Name:
Project Description:
Petitioner(s):
The Meadow SuppCondo Map #4Condominiumize two residential/accomodations units.
Greg Coffman/Applicant, Owner
M
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SiteVicinity Map
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2625
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KIOWA DR
KIOWA TRL
MARYS LAKE RD S SAINT VRAIN AVEKI
OWA CTPROMONTORY DR0 100 200Feet
1 in = 200 ft ±Town o f Estes ParkCommunity DevelopmentExhibit B M ap
Printed: 12/30/2014Created By: phil kleisler
Parcels-Larimer selection
Town Boundary
Parcels-Larimer
Zoning
Project Name:
Project Description:
Petitioner(s):
The Meadow SuppCondo Map #4Condominiumize two residential/accomodations units.
Greg Coffman/Applicant, Owner
M
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S L
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MARYS LAKE
SiteVicinity Map
RESOLUTION NO. 02-15
RESOLUTION OF SUPPORT FOR THE ESTABLISHMENT OF THE ESTES VALLEY
COMMUNITY RECREATION CENTER
WHEREAS, the Town of Estes Park recognizes that recreational opportunities
for residents and visitors of all ages is critical to community health as well as continued
economic growth and sustainability in Estes Park; and
WHEREAS, the Estes Valley Community Recreation Center would provide
needed services to the broad community including indoor fitness facilities, aquatic and
recreation facilities, a digital library, active adult and senior citizen space, childcare,
multi-use community rooms, and space for rehabilitation and health and wellness
partners; and
WHEREAS, the Estes Valley Community Recreation Center would provide
amenities to serve all populations including children, adults, seniors, retirees, working
families and low-income individuals, as well as provide a comfortable, safe meeting
place for the community to gather year-round; and
WHEREAS, the Town of Estes Park acknowledges the Estes Valley Community
Recreation Center as a collaborative project among partners including the Estes Valley
Recreation and Park District, the Estes Park School District R-3 Board of Education, the
Town of Estes Park and its Senior Services Division, the Estes Park Medical Center, the
Estes Valley Library, Crossfit of Estes Park, and the Boys and Girls Club of Larimer
County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO that the Town hereby supports the
establishment of the Estes Valley Community Recreation Center.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK on this _____ day of __________________, 2015
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
RESOLUTION #03-15
ENDORSING THE ESTES PARK FEBRUARY 3, 2015 SPECIAL ELECTION BALLOT ISSUE
TO REESTABLISH THE TOWN’S RIGHT TO EITHER DIRECTLY OR INDIRECTLY PROVIDE
ALL TELECOMMUNICATIONS SERVICES, INCLUDING BROADBAND INTERNET
SERVICES, RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO
REVISED STATUTES
WHEREAS The Estes Park Board of Trustees have unanimously referred to the voters
of Estes Park, on February 3 2015, the Special Election Ballot Issue to reestablish the Town’s
right to either directly or indirectly provide all telecommunications services, including broadband
internet services, restricted since 2005 by Title 29, Article 27 of the Colorado Revised Statutes
and;
WHEREAS telecommunications services including broadband internet services, that are
competitive in speed, cost, and reliability are essential for local businesses and citizens to
successfully compete in today's globally competitive environment and;
WHEREAS the Town of Estes Park, through its participation in Platte River Power
Authority (PRPA), has access to an existing fiber optic ring in Estes Park that could help make
competitive telecommunications services available within our Town and immediate region and;
WHEREAS in 2005, Title 29, Article 27 of the Colorado Revised Statutes eliminated the
Town of Estes Park’s right to directly or indirectly provide telecommunications services,
including broadband internet services, without a vote of the people to reestablish this right and;
WHEREAS reestablishing this right will allow the Town to leverage all community-owned
fiber optic infrastructure for the benefit of its citizens and businesses;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO to support and endorse the Estes Park February 3, 2015 Special
Election Ballot Issue to reestablish the Town’s right to either directly or indirectly provide all
telecommunications services, including broadband internet services, restricted since 2005 by
Title 29, Article 27 of the Colorado Revised Statutes.
DATED this day of 2015.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Utilities Department Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Jeff Boles, Water Superintendent
Steven Rusch, Utilities Coordinator
Date: January 13, 2015
RE: Park Entrance Mutual Pipeline and Water Company Project
Objective:
To improve the quality, reliability and efficiency of delivering drinking water to our
citizens. To obtain the Town Board’s support (with Mayor Pinkham recusing himself) for
a joint venture project with Park Entrance Mutual Pipeline and Water Company
(PEMPWCo, Public Water System ID # 135559) which will allow access to grant funding
and low interest loans for this project.
Present Situation:
Small drinking water systems were once simple enough to own and operate. Increasing
regulatory requirements and aging systems require a much larger effort and level of
expertise. Consolidation of smaller systems makes financial and operational sense. As
an example, the Town executed a similar arrangement in 1994 with Block Two of the
Park Entrance Estate Subdivision. A similar arrangement is underway with Larimer
County and the Fish Creek Water Association.
The Park Entrance Estate Block One Subdivision is currently served by PEMPWCo.
PEMPWCo’s registered agent, Mr. Bill Pinkham, has requested approval for them to
turn over ownership of their system to the Town. Staff is open to this so long as the
existing Town customers do not subsidize the arrangement or take on the liability
of PEMPWCo’s aged distribution system. Transfer of ownership to the Town is
contingent on the PEMPWCo distribution system being brought up to Town standards.
The design and construction is costly and must be financed by the property owners
served by PEMPWCo.
The Department of Local Affairs manages the Energy and Mineral Impact Assistance
Fund Grant Program. Administrative grants are available to municipalities for
preliminary engineering reports on water systems. To be eligible for this grant the Town
must establish support for the overall project and the execution of the grant application.
PEMPWCo will fund the dollar for dollar match grant requirement.
Very favorable loan conditions exist through the EPA’s Clean Water State Revolving
Fund administered through the Colorado Water Resources and Power Development
Authority. Since the properties served by PEMPWCo are within the Town boundary, the
loan can be acquired by a Special Improvement District (SID). The SID must be
authorized and governed by the Town Board and approved by a vote of the property
owners benefiting from these improvements.
The whole process will take two to three years. A draft timeline is below, understanding
the Board must approve of this project for it to move forward.
Park Entrance Mutual Pipeline and Water Company
Distribution Pipe Ownership Transfer
DRAFT PROJECT TIMELINE
Task Start Finish
Introductory Presentation/Project Charter 12/8/2014 6/1/2015
DOLA Administrative Grant Application/Request
(preliminary engineering) 12/4/2014 7/3/2015
Development and Town Board Execution of a
Memorandum of Understanding (MOU) 12/4/2014 3/24/2015
Preliminary Engineering Study 12/22/2014 1/12/2016
Formation of Special Improvement District (SID),
Title 31, Article 25, Part 5, C.R.S. 3/2/2015 4/5/2016
Election, SID 4/5/2016 4/5/2016
Loan Drinking Water Revolving Fund 6/8/2015 8/9/2016
Design of System and Construction Bid
Documents 4/5/2016 6/27/2016
Construction 8/10/2016 4/19/2017
Project Closeout 4/20/2017 4/20/2017
Proposal:
Staff recommends the Town Board officially take action to support the joint venture
project. This would allow for the DOLA grant application to be signed by Mayor Pro-Tem
Koenig and the development of an MOU between the Town and PEMPWCo which
would come before the Town Board in the near future.
Advantages:
This project supports the Town’s mission to provide high-quality, reliable services for the
benefit of our citizens while being good stewards of public resources. All project funding
obligations will be covered by PEMPWCo and its owners.
Disadvantages:
Staff work load will increase; however, hours and costs will be logged and included for
reimbursement through the project.
Action Recommended:
Staff recommends the Town Board approves moving forward with this project.
Budget:
N/A
Level of Public Interest:
Moderate. Other neighborhoods are looking to do this same thing. Those
neighborhoods are located in the County and would be processed through the County.
Sample Motion:
I move for the approval to move forward with this project.
Community Development Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Tina Kurtz, Environmental Planner
Date: January 13, 2015
RE: Public Hearing - Grant Award Fish Creek Master Plan
Department of Local Affairs (DOLA) Planning Grant
Objective:
Conduct a public hearing for the Community Development Block Grant – Disaster
Recovery (CDBG-DR) grant awarded from the Department of Local Affairs (DOLA). A
public hearing is a grant requirement; however, this requirement does not specify the
purpose of the public hearing other than providing an opportunity for general comments.
Present Situation:
These funds support the Fish Creek Master Plan project including the following:
1. Preparing conceptual design drawings and developing management frameworks
2. Prioritizing projects and developing short-term and long term implementation
plans
The award is for $74,900 (Contract#F5-DR-R1-P14013).
Proposal:
A public hearing is required before the project is complete.
Advantages:
This grant funds completion of the Fish Creek Master Plan. This public hearing offers
the public another opportunity to comment. This is addition to the extensive public
engagement process used to develop the master plan.
Disadvantages:
The Federal funding source for these funds is Housing and Urban Development (HUD).
HUD CDBG-DR grants have significant compliance requirements which the Town is
working through.
Action Recommended:
Obtain public comment.
Budget:
The Fish Creek Master Plan is fully funded by grants.
Colorado Water Conservation Board $78,775
HUD (DOLA) CDBG-DR $74,900
Total $153,675
Level of Public Interest
Low – Grant Award
Medium – Fish Creek Master Plan
Sample Motion:
N/A
Attachments:
1. Initial award letter
2. Fully executed grant agreement
Utilities Department Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Reuben Bergsten, Utilities Director
Christy Crosser, Grant Specialist
Date: January 13, 2015
RE: Grant Award Fish Creek Utilities DOLA Grant
Objective:
To inform the public of the HUD/DOLA flood recovery grant and have the Town Board
approve the acceptance of this grant.
Present Situation:
Town Utilities are faced with flood recovery along the Fish Creek corridor. The Federal
Government (through FEMA) and the State of Colorado are funding 87.5% of this flood
recovery work. Through the North Central Region of the Department of Local Affairs
(DOLA) the Town has been awarded a grant for the remaining 12.5%. Grant funds
originate from the Federal Housing and Urban Development (HUD) through their
Community Development Block Grant – Disaster Recovery (CDBG-DR) arm.
These grants do not fund infrastructure improvements. The Town’s financial obligation
includes the incremental cost of improvements made to the pre-flood infrastructure.
Those improvements include additional conduit and larger diameter water mains.
Grant information: Fish Creek Utilities FEMA PA Cost Share, awarded to Utilities
Department, $172,575 (Contract #R1-60-09). The requested amount has increased to
$192,399 based on the actual construction bid received in December. The Town is
waiting on confirmation from the State to fully fund this increased amount.
Proposal:
Staff proposes the Town Board accept this grant. Project improvements will be funded
through the Utilities’ capital reserves.
Project management is being handled by Kyle Arend, Project Engineer at Larimer
County, and our construction management contractor, HDR Engineering.
Advantages:
The awarded grant provides much needed funding for flood recovery and the project will
improve the Town’s infrastructure.
Disadvantages:
Administrative workload increases to ensure these public funds are not abused and the
project complies with all environmental laws and Executive Orders.
Action Recommended:
Staff recommends acceptance of this CDBG-DR grant.
Budget:
502-7001-580.35-58, $880,297
503-7000-580.35-54, $658,898
Level of Public Interest
There is high public interest in completing the flood recovery construction.
Sample Motion:
I move for the approval to accept this flood recovery grant from HUD through DOLA.
Attachments:
1. Initial award letter requesting additional work and documentation
2. Environmental Clearance to Release Funds
3. Milestones and costs per site
700 Kipling Street Suite 1000, Lakewood, CO 80215 P 303.239.4398 F 303.239.4670 cdpsweb.state.co.us
John W. Hickenlooper, Governor | Stan Hilkey, Executive Director
Mitigation and Recovery
9195 E. Mineral Avenue, Suite 200
Centennial, CO 80112
Date: October 9, 2014
The Honorable William Pinkham, Mayor
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
RE: CDBG-DR Project #R1-60-09, FEMA PA Match Fish Creek Utilities (PW #240)
Dear Mayor Pinkham,
The Departments of Public Safety, Natural Resources, and Local Affairs have completed an initial review of your application
for Community Development Block Grant – Disaster Recovery (CDBG-DR) Infrastructure Program funds for the above
referenced project. Grant funds in the amount of $172,757 have been set aside to assist the Town of Estes Park with the project
titled R1-60-09, FEMA PA Match Fish Creek Utilities and will be made available contingent on successful completion of the
following:
Completing the attached Statement of Work and Milestones table.
Completing and submitting the Signatory Delegation Form, Exhibit II-F in DOLA’s CDBG Guidebook. Please refer to
Signatory Delegation Instructions, Exhibit II-F.1, for more information on use of the Signatory Delegation Form.
Obtaining all required Federal, State, and/or Local permits.
Completing the HUD-required Environmental Assessment process. Federal regulations prohibit obligating CDBG -DR
funds until an environmental review has been completed and funds are formally released by the state. The project will
require the completion and submission of an Environmental Assessment (Exhibit IV -D) and the publication of a Combined
Notice. Please contact AGEISS, Inc. at DOLA-Support@ageiss-inc.com for information on how to proceed with
environmental requirements. Any environmental reviews that have already been started or completed should be included
with your email to AGEISS, Inc.
Failure to meet these conditions, including obtaining require d permits in a timely manner, may jeopardize this funding. Please
remember that these requirements are specific to HUD CDBG-DR. Other funding sources in place for this project may have
additional requirements which must be met in order to be reimbursed.
Upon completion of the above requirements you can begin the contracting process with the Department of Local Affairs. If
you have any questions please contact Jill Hart at 720 -852- 6621 or jill.hart@state.co.us for information on how to proceed.
Sincerely,
Deanna Butterbaugh,
Mitigation Specialist – Construction
cc: Reuben Bergsten, Utilities Director
Dave Bowman, DOLA CDBG-DR Grants Manager
Colorado Recovery Office
700 Kipling Street Suite 1000, Lakewood, CO 80215 P 303.239.4398 F 303.239.4670 cdpsweb.state.co.us
John W. Hickenlooper, Governor | Stan Hilkey, Executive Director
R1-40-ALT 122 Emergency Flood Response
Detailed Statement of Work:
Subproject Activity Milestone Target Date Associated Funding
Amount
COLORADO
Department of Local Affairs
Division of Local Government
November 14, 2014
The Honorable William Pinkham, Mayor
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
Re: CDBG-DR #R1-60-09fTown of Estes Park Fish Creek Utilities
Environmental Clearance to Release Funds
Dear Mayor Pinkham:
The Department received the Request for Release of Funds and Certification form formally notifying DOLA of the
intent to adopt FEMA's environmental review record for the above project. This is in accordance with Federal
Register Vol. 78, No. 43, dated March 5, 2013 on page 14343 (20.(b) and (c)) and the "OEElSandy memo" dated
March 4, 2013.
Activities
Phase I utilities repair and the FEMA required match, 12.5%, permanent repairs on specific
locations. Three creek crossing for municipal drinking water and four municipal electric creek
crossings require complete reconstruction. In total, thirteen drinking water and electric utilities
sites along Fish Creek road are in need of reconstruction.
The environmental clearance required prior to the execution of your contract is now complete. This determination
applies only to the property and activities listed above. Any other activities you wish to consider as part of this
project must have a separate written release. Please inform the recipients that they are agreeing to abide by the
special conditions, procedures, and requirements of an environmental review and are to advise the State of any
changes in the scope of the project or environmental conditions.
With the receipt of the Release of Funds (ROF) letter, you may now complete the contracting
process with the State for the above activities.
For information on how to proceed, please contact Jill Hart at 720-852-6621. If you have any environmental
compliance questions, please contact me at 303-864-7734.
~~4.~.
Tamra Norton ~
Environmental Compliance Officer
cc: Jill Hart, Grant Program Analyst, DHSEM
Governor John W. Hickenlooper I Reeves Brown, Executive Director I Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TIY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
Town of Estes Park Fish Creek Utilities FEMA Cost Share from CDBG-DR funds
R1-60-09 Emergency Flood Response
Detailed Statement of Work:
Flooding in September of 2013 damaged or destroyed municipal drinking water and municipal electric
power owned by the Town of Estes Park. The Fish Creek Road corridor was particularly affected.
Three creek crossing for municipal drinking water and four municipal electric creek crossings require
complete reconstruction. In total thirteen drinking water and electric utility sites along Fish Creek road were
in need of reconstruction.
Three municipal electric sites have been completed with force account labor as their service represented a
critical need for reliability and customer service.
Subproject Activity Milestone Target Date Associated ESTIMATED
Funding Amount
($192,399 Total)
Reconstruction of the
Damaged water line,
Stream Crossing at Brodie
Avenue (DS001)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $142,732
CDBG-DR funding request:
$17,841
Reconstruction of the
Damaged water line,
Stream Crossing at Country
Club Drive (DS002)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $145,888
CDBG-DR funding request:
$ 18,236
Reconstruct Damaged
water line, under Fish
Creek road between Van
Horn Engineering and
Stone Bridge Development
(DS003)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $252,171
CDBG-DR funding request:
$ 31,521
Reconstruction of the
Damaged water line and
fire hydrants, bell and
spigot separation under
Fish Creek Road near Creek
Side Court (DS004&5)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $166,404
CDBG-DR funding request:
$ 20,800
Reconstruct Damaged
water line, Stream Crossing
at Brook Court/Brook Drive
(DS006)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $173,102
CDBG-DR funding request:
$ 21,638
700 Kipling Street Suite 1000, Lakewood, CO 80215 P 303.239.4398 F 303.239.4670 cdpsweb.state.co.us
John W. Hickenlooper, Governor | Stan Hilkey, Executive Director
Town of Estes Park Fish Creek Utilities FEMA Cost Share from CDBG-DR funds
Reconstruct Washed out
underground electric lines,
Stream crossing at Brodie
Ave (DS023)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $59,738
CDBG-DR funding request:
$ 7,467
Reconstruct Washed out
underground electric lines,
Stream crossing at Brook
Dr (DS025)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $ 143,902
CDBG-DR funding request:
$ 17,988
Reconstruction of the
Washed out underground
electric lines, Stream
crossing at Scott Ave / Bald
Pate Court (DS036)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $ 224,937
CDBG-DR funding request:
$ 28,117
Reconstruction of the
Washed out underground
electric lines, Stream
crossing at 18 Hole Golf
Course (DS037)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $ 109,040
CDBG-DR funding request:
$ 13,428
Repair of the Washed out
underground electric lines
at Fish Creek and
Whispering Pines (DS039)
Construction Drawings early
November 2014
Bids from Pre-Qualified
Contractors end of Dec. 2014
Start construction Jan. 2014
Reconstruction to be
completed by
July 2015
Request project
close out Nov. 2015
Total Eligible Cost $ 75,061
CDBG-DR funding request:
$ 9,383
Repair of Broken conduit/
duct bank at Fish Creek
and Powelly Ln (DS024)
Repairs completed
20 November 2013
Total Eligible Cost $ 884
CDBG-DR funding request:
$ 110
Repair of the Washed out
underground electric lines
at Fish Creek & Rockwood
Circle (DS027)
Repairs completed
8 May 2014
Total Eligible Cost $ 6,327
CDBG-DR funding request:
$ 791
Reconstruction of the
Washed out underground
electric lines at Between
Rockwood Circle and
Sanborn Dr (DS038)
Repairs completed
29 August 2014
Total Eligible Cost $ 39,009
CDBG-DR funding request:
$ 4,876
700 Kipling Street Suite 1000, Lakewood, CO 80215 P 303.239.4398 F 303.239.4670 cdpsweb.state.co.us
John W. Hickenlooper, Governor | Stan Hilkey, Executive Director
Community Development Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Community Development Director
Tina Kurtz, Environmental Planner
Date: January 13, 2015
RE: Fall River and Fish Creek Flood Resiliency (Master) Plans
Objective:
Present the completed draft Fall River and Fish Creek master plans to the Town of
Estes Park Board of Trustees.
Present Situation:
Following the 2013 flood, the Town of Estes Park contracted with Walsh Environmental
Scientists and Engineers to design master plans for the restoration of the Fall River and
Fish Creek corridors. Master plans were developed with input from the Fall River and
Fish Creek coalitions, led by citizens and River Advisory Committees. The completed
draft plans are the culmination of coalition members, Town of Estes Park staff and
Estes Valley citizens’ efforts.
The completed draft plans are available for review on:
Fish Creek Coalition website, www.fishcreekcoaliton.org/master-plan; and
Fall River Coalition website, www.fallrivercoalition.org/master-plan.
Proposal:
Present an overview of the completed draft master plans to the Town Board prior to
requesting a letter of support for the plans at the January 27, 2015 meeting.
Advantages:
The Town Board of Trustees has the opportunity to review the completed draft prior to a
request for a letter of support.
Disadvantages:
None
Action Recommended:
None
Budget:
The plans are fully funded by grants.
Fall River Resiliency (Master) Plan
Colorado Water Conservation Board $94,000
Community Foundation of Northern Colorado $50,000
Sub Total $144,000
Fish Creek Resiliency (Master) Plan
Colorado Water Conservation Board $78,775
HUD (DOLA) CDBG-DR $74,900
Sub Total $153,675
TOTAL $297,675
Level of Public Interest
Medium
Sample Motion:
N/A
Attachments:
Due size constraints web links to attachments are provided. A printed copy is available
for review in the Administration and Community Development offices.
1. www.fishcreekcoalition.org/master-plan
2. www.fallrivercoalition.org/master-plan