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HomeMy WebLinkAboutPACKET Town Board 2013-10-08 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, October 8, 2013 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). AWARD PRESENTATION: AMERICA IN BLOOM. Keri Kelly. TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Policy Governance Report. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 24, 2013 and Town Board Study Session Minutes dated September 24, 2013. Special Town Board Minutes dated September 12 & 18, 2013. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services, September 26, 2013, Cancelled. 4. Estes Valley Board of Adjustment Minutes dated September 10, 2013. (acknowledgement only). 5. Estes Valley Planning Commission Minutes dated August 20, 2013. (acknowledgement only). 6. Technical Review Committee Minutes dated September 3, 2013 (acknowledgement only). 7. Halloween Road Closure – Elkhorn Avenue from Riverside to Spruce, October 31, 2013. Prepared 9/30/13 *Revised: 10/3/2013 **Revised: 10/4/2013 ***Revised: 10/7/2013 * ** NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. ACTION ITEMS: 1. RESOLUTION #28-13 BUY LOCALLY AND USE LOCAL BUSINESSES AND SERVICES. Town Administrator Lancaster. 2. RESOLUTION #29-13 TERMINATING THE STATE OF LOCAL EMERGENCY AND PROVIDING AUTHORITY TO THE TOWN ADMINISTRATOR TO ENTER INTO CERTAIN AGREEMENTS FOR CONTINUED RECOVERY FROM THE FLOOD. Town Administrator Lancaster. 3. RESOLUTION #30-13 IN SUPPORT OF CONSTRUCTING A NEW COUNTY OFFICE BUILDING IN LOVELAND, COLORADO. Town Administrator Lancaster. 4. REVISED PROBLEM STATEMENT: ESTES VALLEY DEVELOPMENT CODE TEXT AMENDMENT, CONCURRENT REVIEW AND PROMULGATING PROCESSING SCHEDULES. Director Chilcott. 3. REPORTS AND DISCUSSION ITEMS: 1. SCHOOL DISTRICT MILL LEVY OVERRIDE. Superintendent Hickey. 2. VISIT ESTES PARK FLOOD RECOVERY COMMUNICATION UPDATE. Communications, Public Relations & Social Media Director Burnham. 3. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn. 4. LIQUOR LICENSING & VIOLATION GUIDELINES. Director Williamson. 5. ORDER OF AGENDA ITEMS. Town Board. 4. REQUEST TO ENTER EXECUTIVE SESSION: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e), PERA Agreement. Motion: I move the Town Board go into Executive Session – For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). 5. ADDITIONAL ACTION ITEM. Director Williamson & Attorney White. 1. PERA AGREEMENT. 6. ADJOURN. * *** TOWN ADMINISTRATOR Frank Lancaster Town Administrator 970.577.3705 flancaster@estes.org MEMORANDUM DATE: October 8th, 2013 TO: Board of Trustees FROM: Frank Lancaster, Town Administrator SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS (QUARTERLY MONITORING REPORT POLICY 3.3 AND 3.8) 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 and Policy 3.8 Compensation and Benefits in September. 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.” Policy 3.8 states: “With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity.” Due to the workload impact of the Flood Response I was not able to submit my September Report. This report includes items due in September and October combined. 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 anticipate that some of the priorities of the budget will change for the coming year due to impacts from the flood event, and some spending has occurred in response to the flood that was not anticipated in the adopted Board budget priorities. 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, however current projections are no longer valid due to the circumstances of the flood. We are in the process of revising both the proposed 2014 and 2013 budgets to reflect the financial impacts of the flood, as best as we can predict at this time. 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, however current projections are no longer valid due to the circumstances of the flood. We are in the process of revising both the proposed 2014 and 2013 budgets to reflect the financial impacts of the flood, as best as we can predict at this time. 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 which are subject to this provision are within the Board determined limits. I am therefore reporting 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 2012 audit has been completed and presented to the board. 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. 3.8.1. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not change his or her own compensation and benefits. REPORT: I have not changed my own compensation or benefits. I am therefore reporting compliance. 3.8.2. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not promise or imply permanent or guaranteed employment. REPORT: I have not promised or implied permanent or guaranteed employment. I am therefore reporting compliance. 3.8.3. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not establish current compensation and benefits which deviate materially for the regional or professional market for the skills employed: REPORT: We have recently completed a full compensation and classification study to insure that our current compensation and benefits do not deviate materially for the regional or professional market for the skills employed. There are some adjustments required, so I cannot report compliance at this time, however the Board has approved the changes needed to be in compliance, I cannot report compliance at this time, however I will be in compliance once the approved recommendations are implemented. 3.8.4. With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not establish deferred or long-term compensation and benefits. REPORT: I have not established deferred or long-term compensation and benefits. I am therefore reporting compliance. Town of Estes Park, Larimer County, Colorado, September 24, 2013 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 24th day of September, 2013. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig 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. PUBLIC COMMENTS. Charley Dickey/Town citizen stated he will bring forward survey results on the bike race to the next Town Board meeting. Mike Floris/Small Business Administration PIO commented on the disaster recovery assistance available through the SBA. He informed the citizens they need to register with both FEMA and SBA for assistance related to damage to their homes, rental units & property, and businesses. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Norris informed the Board that Visit Estes Park has begun to revise their 2014 budget as a result of the impact of the flood; the district has begun working on a revised message and advertising the recovery progress, recommended ribbon cuttings for businesses and restaurants as they reopen; and discussed a ribbon cutting for the reopening of Highway 36. Trustee Koenig stated the Rooftop Rodeo has been nominated for midsize rodeo of the year. Trustee Ericson commented the Community Development/Community Services Committee on September 26, 2013 has been cancelled. The Board thanked Town Administrator Lancaster, the management team and the employees for their professionalism and cooperation amongst the other entities during the recent flood emergency. The Board also recognized the efforts of staff to work with the other local entities to solve emergencies during the event. TOWN ADMINISTRATOR REPORT.  The Policy governance report will be delayed until the next Board meeting.  The Town received the America in Bloom “Best in Country” for the Town’s population. The Town received a number of other awards. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 10, 2013 and Town Board Study Session Minutes dated September 10, 2013. Board of Trustees – September 24, 2013 – Page 2 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities, Public Works Committee – September meeting cancelled. 4. 2013 - 2015 Seasonal Display Installation, Maintenance and Removal Contract, Reed Logging and Tree Service - $39,000/2013 with contract continuation for 2014 and 2015 per budget appropriations and work performance. 5. Postponing Liquor Show Cause Hearings set by Resolutions #23-13, #24-13, #25-13 & #26-13 for Hunters Chop House, Big Horn Restaurant, Cables Pub & Grill and Nicky’s Restaurant & Lounge until November 26, 2013. It was moved and seconded (Norris/Koenig) to approve the Consent Agenda, and it passed unanimously. 2. LIQUOR ITEMS: 1. TRANSFER OF OWNERSHIP – APPENZELL CORP., DBA THE APPENZELL INN, TO APPENZELL INN HOTEL & SUITES, INC., DBA APPENZELL INN, 1100 BIG THOMPSON AVENUE, TAVERN LIQUOR LICENSE. Town Clerk Williamson presented the application to transfer the current tavern license as the business has been sold to the new owners Appenzell Inn Hotel & Suites. All required paperwork and fees were submitted and a temporary was issued on July 18, 2013. Tom Hochstetler/Applicant stated he takes underage drinking very seriously. He has taken note of the recent issues with liquor compliance checks. It was moved and seconded (Koenig/Blackhurst) to approve the transfer from Appenzell Corp., dba The Appenzell Inn, to Appenzell Inn Hotel & Suites, Inc., dba Appenzell Inn, 1100 Big Thompson Avenue, Tavern Liquor License, and it passed unanimously. 3. REPORTS AND DISCUSSION ITEMS: 1. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland stated sales tax collected through July is 4.7% ahead of 2012 for the same period of time. The overall sales tax collection is 8% ahead of the budgeted projects for 2013. Utility revenues are on target to meet budget projects and expenditures are well within budget parameters. The Town as well as other Colorado communities have had a great sales tax collection year; however, the flood may have a negative effect on the remaining months. Staff has projected the revised revenues of $7 million from the original budget of $7.8 million. 2013 budgets would be revised to identify unnecessary expenditures. Budget meetings scheduled in October would be rescheduled to allow staff the time needed to prepare a revised budget for 2014. Staff assumes the Board would most likely revise the 2014 budget as the year progresses and recommended quarterly reviews. 4. ACTIONS ITEMS: 1. APPROVAL OF TRANSPORTATION ADVISORY COMMITTEE BYLAWS. Director Zurn presented bylaws approved by the Transportation Advisory Committee at their July 17, 2013 meeting. It was moved and seconded (Ericson/Norris) to approve the bylaws for the Transportation Advisory Committee, and it passed unanimously. Board of Trustees – September 24, 2013 – Page 3 2. INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID WITH THE CITY OF FORT COLLINS. Town Administrator Lancaster presented an Intergovernmental Agreement between the Town of Estes Park and the City of Fort Collins to provide support to the Town after the recent flood. The agreement would make equipment, materials and staff available to the Town. A management intern would be provided for a month to work in Administration on projects. The agreement was signed by Town Administrator Lancaster. It was moved and seconded (Norris/Blackhurst) to approve the ratification of the Intergovernmental Agreement with the City of Fort Collins, and it passed unanimously. Town Administrator Lancaster stated an Intergovernmental Agreement with Larimer County would be drafted to address the work needed to rebuild Fish Creek Road. Reimbursement to the Town by FEMA would only occur for items within the Town’s jurisdiction, therefore, staff continues to work toward full reimbursement of costs expended by the Town. Whereupon Mayor Pinkham adjourned the meeting at 7:55 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, September 24, 2013 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 24th day of September, 2013. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris, and Phipps Also Attending: Town Administrator Lancaster, Town Attorney White, and Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 5:00 p.m. TRUSTEE COMMENTS. Trustee Phipps asked if the Economic Development Corporation would be approaching the Town Board to make a formal request for $60,000 in funding. Town Administrator Lancaster said they would be coming forward at an upcoming budget session to make the request and said that funding would not be handled as a Community Service Grant, but rather as support to other entities. Trustee Phipps also questioned when a code amendment to disallow applications moving forward to the Board of Adjustments (BOA) prior to the submission of an application for special review and a development plan will be coming forward to the Board. Town Administrator Lancaster said that the code amendment has been put on hold due to flood response and recovery efforts. Director Chilcott said that there are no applications to the Board of Adjustments for either October or November and that a problem statement will be brought forward to the Board at an October Board meeting. Mayor Pro Tem Blackhurst asked if the Board needed to take action to hold in abeyance anything going to the Board of Adjustments until the code amendment can be discussed. Attorney White stated that no action was required and that the Pending Ordinance Doctrine allows the Town to administratively defer review of an application by the BOA because a policy is pending. Trustee Elrod said that based on Colorado state statute, Colorado Supreme Court decisions, and the definition of a meeting, the daily informational meetings being held in regard to flood response and recovery efforts do not violate the Colorado Open Meeting Law and that discussing matters of public importance does not trigger open meeting law requirements. Attorney White concurred and said that the statute refers to taking action and said that any number of trustees can be in attendance at informational meetings. Trustee Elrod suggested that the Municipal Code be reviewed to ensure that it reflects current practices related to procedures for calling special or emergency meetings. Trustee Koenig asked about outside vendors who are scheduled to come into town for Elk Fest. Town Administrator Lancaster said that contracts for Elk Fest vendors were in place months prior to the flood and that approximately 60% of the vendors are expected to show up for the event. He said that one reason for going ahead with the event is that it has been held for many years and is a turnkey event that does not require a lot of staff involvement to put on. He said he is not concerned about sanitation issues as the downtown area, as well as many lodging facilities are not located within the no flush zone. Trustee Koenig also expressed concern about traffic on Fish Creek Road and surrounding areas that are unsafe. Chief Kufeld said that the Police Department does not have the manpower to station personnel at crossings over to Fish Creek Road, but said that extra patrols in the area will be scheduled during Elk Fest weekend. Town Board Study Session – September 24, 2013 – Page 2 FUTURE STUDY SESSION AGENDA ITEMS. Trustee Norris said he would like to add a Flood Recovery Update to each study session agenda until it is deemed no longer necessary. He asked if the Board would be re-examining budget priorities that were set prior to the flood and also questioned the Board’s level of involvement in reviewing and redrawing the floodplain. Town Administrator Lancaster said that shifts and changes to the budget will be required and said discussion on that topic will begin later in the meeting. He noted that the floodplains are defined by the federal government with no opportunity for the Board to provide input on the topic. The Parking Structure Design Review will likely be postponed from October 8th to a later date, and input from liquor licensees will be solicited at the October 8th Town Board meeting prior to a liquor licensing discussion at the October 22nd Study Session. FLOOD RECOVERY DISCUSSION. Response Town Administrator Lancaster reported that overall response to the flood, which is being described as the worst disaster in Colorado history as it relates to loss of property and damage, went well. An incident command model was set up early with Town personnel assigned to key sections of flood response. Assignments are as follows: Incident Command – Commander Rose; Utilities – Director Bergsten; Public Works – Director Zurn; Emergency Services – Commander Pass; Logistics – Director Winslow; Finance and Administration – Finance Officer McFarland; Human Resources and Risk Management – Director Williamson; and Building Services – Director Chilcott. Also, Public Information - PIO Rusch; Liaison to other agencies – Commander Pass; Legal – Attorney White; Safety Officer – Officer Hart; and Policy Makers – Town Board, Town Administrator Lancaster, and Chief Kufeld. Staff was asked to stay within their assigned key area to avoid duplication of efforts or something falling through the cracks. Town Administrator Lancaster reported on flood response by key section. Utilities – Both L&P and water personnel were on duty from the very beginning of the event. The heaviest impact to power is Glen Haven and crews are still working in that area. Other areas held up well with small outages experienced. A short term boil order for water was put into effect due to some water line and sewer line breaks, but it was lifted quickly and the safety of the water was never threatened. There are approximately 50 homes in the evacuation area along Fish Creek that remain without water. The Upper Thompson Sanitation District’s (UTSD) sanitation area is the number one utility issue for the incident with over 2500 taps currently disconnected from the system. Public Works – Fish Creek is a major issue. A team of affected parties is being put together and includes Larimer County, UTSD, Xcel Energy, Utilities, and engineers. A crossing was established over Fish Creek to provide access to the Uplands and Little Valley and allow residents of those areas to get in and out within a week. The Board expressed concern about the ability of emergency vehicles such as ambulances and fire equipment to access these areas. The crossings were built to accommodate passenger cars and light trucks and heavy traffic on the crossings is not recommended. Town Administrator Lancaster stated that the access was designed to accommodate an ambulance, however, the turning radius at the Little Valley crossing may not accommodate larger fire equipment. Availability of materials is an issue and staff is working with the Bureau of Reclamation (BOR) to get permission to extract materials from Lake Estes near the power plant. Materials would have to be determined to be free of contamination and safe to reuse. Also materials and equipment to construct and set a temporary corrugated sheet metal retaining wall are needed to provide a vertical element to maintain rights of way and accommodate fill to get utilities repaired. Fish Creek Road is the responsibility of Larimer County and the Town. At this point the Town has asked the County to allow the Town to take the lead on repairs to Fish Creek Road since repairs to the UTSD sanitary sewer are dependent upon getting the road repaired. Intergovernmental agreements and financial arrangements for reimbursement for repairs are being worked out. Debris management is also an issue. The transfer Town Board Study Session – September 24, 2013 – Page 3 station is open, however getting debris out of the valley is a problem. The waste is being taken to a disposal site in Denver which involves an 11-hour round trip for each trailer taken out of the valley. Waste Management is looking at options which might include a staging area where debris can be stored until main roads into the area are repaired and reopened. Construction of a staging area would require a Certificate of Designation from the State Health department. Also being considered is sorting the debris with inert materials deposited into an inert fill at some location and wood being burned in the Town’s air curtain burner. A debris management plan is needed. The debris that is in Lake Estes will be the responsibility of the BOR to address. Emergency Services – No serious injuries or deaths occurred in Town. Problems were encountered with the 911 service early on in the event, but were fixed as soon as possible with assistance from LETA. Finance – A representative from FEMA has been assigned to work with staff to ensure that federal procedures are followed and expenses incurred within the Town’s jurisdiction can be reimbursed. Generally, FEMA reimburses expenses at 75% with a 25% match. The State of Colorado has historically provided an additional 12.5% of expenses, leaving the Town to fund 12.5%. In kind services, equipment, and overtime can be used to reach the Town’s match percentage and requires accurate accounting and categorizing of expenses. The Town is working with other entities such as the Estes Valley Recreation and Park District and the Library to share information, coordinate responses and damage assessments. Damage costs in the Estes Valley for public amenities, facilities, and infrastructure are estimated at $35-$40 million. This does not include any damage to private property. In the rest of Larimer County damage to public roads, bridges, culverts, and large structures is estimated at $55 million. Logistics – Equipment and supply needs are being directed to Dir. Winslow from all other key sections to avoid duplication of efforts. Human Resources and Risk Management – Counseling on how to handle stress, secondary impacts of stress, and looking after the Town’s employees is being addressed, as well as the housing needs of employees who have been displaced by the flood or previously commuted to work from outside of the Estes Valley. The YMCA and other establishments may partner with the Town to provide medium-term housing while access to Estes Park is limited. Revised work schedules, carpooling, and mileage subsidies are being considered as well. The Town’s insurance carrier, CIRSA, has done an evaluation and claim paper work has been started. FEMA will not cover any expenses that are covered by insurance. Payroll is busy with coding and tracking time to meet FEMA requirements for reimbursement. Building Safety – Building inspectors have completed the rapid assessment in Town. There are 12 properties red-carded in the valley; six in Town limits. The property damage in Glen Haven and the Big Thompson canyon is much worse. Building Safety staff is also coordinating mapping and GIS needs for all response sections. The Board asked that staff provide information to the public about flood-damaged electric and gas appliances describing when they can be repaired and when they must be replaced. CBO Birchfield will have information available and will address this topic at the public meeting scheduled for Wednesday, September 25, 2013. Public Information – Coordinating the information line, the call center, public meetings and briefings, assisting other agencies in dispersing information, and utilizing social media throughout the incident. Handling press contact throughout the event for local, regional and international new agencies including the NPR, BBC, CNN, and AP. With the exception of the sanitary sewer situation, all other aspects of the incident are transitioning to recovery mode. Restoring sanitary sewer service is the number one priority. UTSD is looking at options for repairing the sewer line including running pipes above ground as a temporary solution. Town Administrator Lancaster noted that he has had conversations with the offices of Senator Udall, Senator Bennett, and Congressman Polis related to the major issues facing the Town. He said that a debriefing will be scheduled in the next several weeks to discuss the emergency response to the flood and noted that a number of staff Town Board Study Session – September 24, 2013 – Page 4 members have attended the FEMA training offered in Emmitsburg, Maryland, which has been invaluable during recent events. Mayor Pro Tem Blackhurst suggested members of the leadership team who have not attended the FEMA training, should do so. The Board and Town Administrator Lancaster thanked staff, volunteers, and the entire community for helping each other during the flood. Recovery Town Administrator Lancaster stated that for the purposes of preliminary discussions for initial planning related to recovery, staff made the assumption that the major roads in and out of Estes Park remained closed through next summer and things do not get back to normal until 2015…planning for the worst and hoping for the best. (CDOT has set an ambitious goal to have both Highway 34 and Highway 36 open in some manner by the end of 2013, with some type of access possible on Highway 36 by the end of October, and Highway 34 by the end of December.) 1. Finance Officer McFarland has put together new revenue projections based on a worst case scenario. Look at the budget on a quarterly basis and be flexible with the budget. See how things are going and if things are improving make adjustments; if things are not improving, stay the course. Mayor Pro Tem Blackhurst voiced concern about the Town’s obligation for flood-related expenses which could total approximately $5 million. Town Administrator Lancaster said that getting creative with in kind and sweat equity will help and is a legitimate way to help make up some of the Town’s match. 2. Continue and complete the MPEC. The Town has the funding for this project and use of the MPEC may help with economic recovery. 3. Finalize the design, but hold off on the construction, of the parking structure. With widespread flood damage in Colorado, it is likely that concrete and pre- stressed concrete demand and costs will increase. Adjust the contract to delete the construction management portion. Reconsider construction of the parking structure when things get back to normal, roads are repaired, and concrete prices come down. 4. Proceed as if the FLAP grant project is still on track. The federal money is secure and the state money which has been approved is believed to be fairly secure as well. 5. Postpone vehicle and equipment replacement unless critical to recovery. 6. No new positions, unless critical for recovery. Recommend proceeding with hiring for a dispatcher position and a planning position. Positions currently open such as the Facility Manager position and Assistant Town Administrator Position will be put on hold. 7. Recommend continuing with the classification and compensation adjustments 8. Discuss with CDOT the elimination or postponement of the left turn lane on Highway 36 related to the MPEC construction. 9. Reconsider funding for the Economic Development Corporation. 10. Reconsider funding for Community Service Grants; determine if the Town can afford to continue with these grants. 11. Minimize seasonal hires. 12. Discuss with the Board whether to proceed or postpone the sales tax question. 13. Examine and discuss alternative recovery funding, specifically a targeted URA or a DDA for TIF funding possibly in the Fall River area where a lot of commercial property damage occurred. 14. Reduce contributions to internal sinking funds such as telephone and vehicle replacement fund. These funds are strong and could be used for operations. 15. Postpone further development in Bond Park. 16. Suspend most travel and training expenditures. 17. Possibly look for short term alternative funding opportunities such as grants or public assistance for non-mandated services for areas like the museum and senior center. 18. Use reserves to get through bad period. Town Board Study Session – September 24, 2013 – Page 5 Town Administrator Lancaster said at this point it is unknown how much money will be recovered through CIRSA. Director Williamson said that inventory of the flood damage is continuing and noted that CIRSA coverage is for specific items such as damage to pedestrian bridges, Town-owned buildings, cleaning of flooded restrooms or inventory, light and power above-ground utilities, providing temporary power, and landscape and irrigation tied to Town-owned structures. She added that CIRSA will cover the cost of outside contractors hired to complete repairs which will allow Town staff to concentrate on other tasks. Town Administrator Lancaster said his biggest concern is not the cost of recovery and repairs because much of that will be covered by insurance and with the help of FEMA. The ongoing concern is the loss of revenue and how to keep basic services and normal operations going with the drop in sales tax. He said high priorities include maintaining basic services and keeping Town staff on board. He said events will be reviewed but that we don’t want to shut down events that bring people to Town and send a message that the Town is closed. Events in which the Town participates financially will also have to be reviewed for return on investment both for the Town and the community as a whole. Trustee Koenig expressed concern for organizations that rely on Community Service Grants to provide basic services such as day dare and provide for the ongoing needs of the community. She proposed setting a timeline for applications and before the end of the year applying what we can to these organizations so they can plan for their year. Town Administrator Lancaster said he is concerned with the domino effect of eliminating or decreasing funding of the grants, but that the Town has to do what it can afford. He said there will be a new normal, possibly for a year. He said that the recovery suggestions and recommendations presented are preliminary and that staff and the Board need to sit down and discuss a new strategy and redo the budget. Mayor Pro Tem Blackhurst asked if the budget discussions would begin on the first Friday of October. Town Administrator Lancaster said that was unlikely as he and Finance Officer McFarland need time to meet to discuss the budget after which a meeting with the Board will be scheduled. Commander Rose thanked the Board and staff for team work and support and Trustee Elrod and the entire Board in turn thanked staff for their efforts. There being no further business, Mayor Pinkham adjourned the meeting at 6:28 p.m. Cynthia Deats, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, September 12, 2013 Minutes of an Emergency meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 12th day of September, 2013. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig John Phipps Also Present: Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Ron Norris, Trustee Mayor Pinkham called the emergency meeting to order at 12:00 pm. OTHER DISTRICT COMMENTS. Chris Bieker/Upper Thompson Sanitation District stated the lift station was not able to keep up with the flow of water at the plant, and therefore, the system was turned off. Fish Creek road sustained significant damage with multiple breaks in the sewer line. The district has notified the State, Health Department and water users downstream. Jim Duell/Estes Park Sanitation District commented treatment continues, however, one third of the water continues to be bypassed. The district stated concern with the availability of fuel to keep the pumps running in order to continue treatment. 95% of the current flow is storm water. TOWN DEPARTMENTS. Jeff Boles/Water Superintendent stated the system has experienced a break along Fish Creek with the rest of the system intact. There are a number of customers affected by the break including customers in the Uplands, east of Fish Creek and some along the west side of Fish Creek. Joe Lockhart/Light & Power Superintendent stated a number of power outages have been addressed, power shut off down Highway 34 and Allenspark, and crews have dumped rock by power poles to prevent the undermining of the power lines. Scott Zurn/Public Works Director commented Fish Creek Road most likely would be a total lose due to a number of undersized culverts in the areas of Brook and Scott Avenue. The Carriage Hills dams have breached but have not failed, and there are three other dams of concern. Black Canyon creek continues to rise and may breach its banks. Staff has begun reviewing the materials needed to begin temporary repairs. Eric Rose/Police Commander informed the Board and public that evacuations have been ordered for Highway 34 due to road failure. All telephone lines in Estes Park are down as well as cell service. Additional road damage has been sustained on Highways 36 and 7. Rescues have occurred along Fish Creek, Little Valley, Brook Court and Highway 34. There are approximately 400 anticipated at the evacuation center. Current flows have not been seen since the 1970s. Board of Trustees – September 12, 2013 – Page 2 1. ACTION ITEMS: 1. DECLARE AN EMERGENCY FOR THE TOWN OF ESTES PARK. Town Administrator Lancaster presented the Board with a disaster/emergency declaration due to the serious damage to roads, trails, homes, businesses and public utilities caused by severe flooding. The declaration will be sent to DOLA, Larimer County and the State to make resources available to the Town to address the damages. The governor has reviewed an emergency declaration and made an official designation. This declaration will be forwarded to FEMA and the President for review and a determination of funding for the disaster. It was moved and seconded (Blackhurst/Koenig) to approve the disaster/emergency declaration due to the major flooding event on September 12, 2013, and it passed unanimously. It was moved and seconded (Blackhurst/Koenig) to suspend the procurement policy to allow the Town Administrator to expend funds necessary to address the emergency, drawing down the fund balance and access the Tabor reserves if it becomes necessary, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 12:50 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, September 18, 2013 Minutes of an Emergency 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 18th day of September, 2013. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig John Phipps Also Present: Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Ron Norris, Trustee Mayor Pinkham called the emergency meeting to order at 5:00 p.m. 1. ACTION ITEM: 1. EXTENDING THE DECLARATION OF AN EMERGENCY FOR THE TOWN OF ESTES PARK. Town Administrator Lancaster presented Resolution #27- 13 that continues the original declaration approved on September 12, 2013 because conditions continue to exist which include the Town’s ability to undertake emergency measures to protect the life, health, safety and property of the citizens of the Town. The Resolution shall be in effect until such time as the Town Administrator determines the conditions justifying this local emergency no longer exist or further action of the Board. It was moved and seconded (Blackhurst/Koenig) to approve Resolution #27-13, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 5:10 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Estes Valley Planning Commission August 20, 2013 Board Room, Estes Park Town Hall Commission: Chair Betty Hull, Vice-Chair Kathy Bowers, Commissioners Doug Klink, Joe Wise, Nancy Hills, Steve Murphree, Charley Dickey Attending: Chair Hull, Commissioners Bowers, Klink, Wise, Murphree, Dickey, and Hills Also Attending: Director Chilcott, Planner Kleisler, Town Attorney White, Town Board Liaison Elrod, and Recording Secretary Thompson Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Hull called the meeting to order at 1:30 p.m. There were approximately 34 people in attendance. Chair Hull explained the purpose of the Estes Valley Planning Commission and stated public comment is invaluable. Each Commissioner introduced him/herself. It was noted that this was Commissioner Wise’s last meeting. He was recognized for his service to the community. 1. PUBLIC COMMENT None 2. CONSENT AGENDA A. Approval of minutes, July 16, 2013 Planning Commission meeting. B. Tract 2, Hillery Parrack Exemption, 1753 Wildfire Road (Westover Construction), Request by applicant to continue to September meeting. C. Preliminary Subdivision Plat & Development Plan 2013-03, Mountain River Townhomes, Request by applicant to continue to September meeting. It was moved and seconded (Bowers/Murphree) to approve the consent agenda and the motion passed unanimously (6-1) with Commissioner Dickey abstaining. 3. STANLEY HEIGHTS AMENDED PLAT, LOTS 2 & 3, STANLEY HEIGHTS SUBDIVISION, 851 WEST LANE Planner Kleisler reviewed the staff report. The applicant requests to combine two lots into a single lot. The single-family dwelling on Lot 3 has been demolished, with a new house planned for the same general location. Parts of the property would require a wildfire mitigation plan, which would be addressed at the building permit stage. Because this plat does not create any new lots, many standards in the Estes Valley Development Code (EVDC), such as adequate public facility standards, do not apply. The current land use is single-family residential, zoned RE–Rural Estate (2.5 acre minimum lot size). Adjacent land uses are also single-family residential. Planner Kleisler stated the application was routed to affected agencies and adjacent property owners, and comments were received from the Water Department and the Utility Department. Staff Findings 1. Legal notice was published in the Estes Park Trail-Gazette. 2. This plat complies with lot dimension and configuration requirements in EVDC Section 10.4 Lots. The lot also has a legal right of access. a. This proposal complies with applicable section of the Estes Valley Development Code, including Section 3.9E “Standards for Review”. b. Approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Planner Kleisler stated Planning Commission was the recommending body, and the final decision would be made by the Larimer County Board of County Commissioners. Staff recommended approval of the amended plat with conditions listed below. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 20, 2013 Board Room, Estes Park Town Hall Conditions 1. Reformat plat for recording (remove improvements). 2. Review and approval of Larimer County Engineering (survey review). Requires letter of approval from Larimer County Engineering prior to mylar being sent for recording. 3. Compliance with memo from the Town of Estes Park Water Department dated July 3, 2013. 4. Compliance with Comment #1 in email from Town Attorney White dated August 19, 2013. Public Comment David Bangs/applicant representative stated the applicant has requested the amended plat to accommodate a more suitable building site for a new home. He has been working with the Estes Park Sanitation District for installation of a new sewer main. There will be sewer easement granted along the western property lines, and also along the common lot line between Lots 1 and 2. The existing utilities are along West Lane and fall within the right-of-way. No other utility providers expressed an interest to run along the interior property lines. It was moved and seconded (Bowers /Hills) to recommend approval to the Larimer County Board of County Commissioners of the Stanley Heights Amended Plat of Lots 2 & 3, with the findings and conditions recommended by staff, and the motion passed unanimously. 4. ESTES VALLEY COMPLREHENSIVE PLAN MODERNIZATION Planner Kleisler presented the most recent draft update of the Comprehensive Plan. This update consisted of clarifying the abstract codes that were discussed last month. In an attempt by staff to provide a uniform explanation of land use classifications, it was noticed the classification of “Other” was quite large in some neighborhoods. For example, in the Spur 66 neighborhood, “Other” presented over 1/3 of the total acreage for that neighborhood. After researching the details for the Spur 66 area, “Other” was divided into more specific uses. YMCA of the Rockies is comprised of almost 800 areas, and church land was approximately 64 acres. To conclude, staff will review each neighborhood area to break out the categories when necessary to provide a very clear picture of land uses in the individual neighborhoods. Planner Kleisler also provided a brief update on the Mobility and Circulation Plan. Staff has been working with the Public Works Department on this plan to determine what updates need to be made. The broader categories of road networks, transit, trails, etc. are being reviewed to determine what should be included in the updated Comprehensive Plan in order to provide the best information possible to the largest audience. Planner Kleisler stated the other area being updated were the Economic Indicators. The approach taken by staff was driven by the type of people potentially using the Comprehensive Plan, and why they would need the information it offered. He stated this chapter took a significant amount of staff time to complete. Raw data from the 2010 Census was used, as well as some information from the 2000 Census. Census analysis for the Estes Valley versus Estes Park is challenging. Staff would appreciate feedback from the Commission to determine what information should remain and what should be removed. In explaining the population data, staff talked with a University department specializing in population analysis, to arrive at future population numbers. Planner Kleisler stated there were significant increases in home values from $500,000 to $1 million from 2000 to 2010. There was discussion as to how the numbers were determined and how the analysis could be improved. Comments from the Commission included: it would be interesting to see the same data, only with an adjustment for inflation; it would be helpful to provide the number of housing units in addition to the percentages, as there is value in knowing what the housing inventory looks like. Percentages can sometimes be misleading. 5. REPORTS A. Pre-Application Conferences RECORD OF PROCEEDINGS Estes Valley Planning Commission August 20, 2013 Board Room, Estes Park Town Hall 1. Estes Park Medical Center North Parking Lot Expansion – Director Chilcott reported the hospital is wanting to expand their north parking lot. They currently own three homes on Stanley Circle Drive. Applications for a Special Review (Location and Extent Review), Amended Plat, and Rezoning would be reviewed by the Planning Commission and Town Board in the next few months. There is a separate application to amend a lease agreement to allow parking in the public right-of-way. Director Chilcott explained part of the existing parking lot is already in the right-of-way, and the amended lease agreement would allow additional parking in the right-of-way. 2. The Sanctuary on Fall River Townhomes – Planner Kleisler reported this proposed development would be across the road from Streamside Condominiums on Fall River Road. The proposal is for four single-family units to be used as accommodations-type rentals. 3. Al Fresco Place Addition Amended Plat – Planner Kleisler reported this application was a proposal to move a property line between two lots. The formal submittal date is undetermined. 4. Stanley Village Resubdivision – Planner Kleisler reported Bank of Colorado proposes to subdivide their lot in Stanley Village. The bank owns the grassy slope between the bank and the greenhouse. Several issues need to be addressed, including impervious coverage. The formal application submittal date is undetermined. 5. Streamside Minor Subdivision – Planner Kleisler reported the property owners are looking to subdivide the property, and are investigating the potential uses of the undeveloped parcel. 6. Mountain Gate Condominiums – Planner Kleisler reported this development on Big Horn Drive near Virginia Drive. There is one remaining parcel that was never officially legally subdivided from the rest of the condominium development. The owners are hoping to sell the land to someone who may want to build a couple of units. The parcel is directly north of Silver Moon Inn and south of Mountain Gate Condos, and would be accessed from Spruce Drive or Big Horn Drive. B. Staff-Level Reviews 1. Craftsman’s Corner Development Plan – no update C. Board of Adjustment Reviews 1. Discher Residence Variance – Planner Kleisler reported this variance request was to enclose a porch and build an addition to the deck at the home addressed 978 Sutton Lane. The variance was approved August 6, 2013. 2. Lambert Residence Variance – Planner Kleisler reported this variance request would be heard on September 10, 2013. The request is to construct a deck partially within the side setback of the home at 217 Big Horn Drive. D. Town Board Reviews 1. Lake Pines Amended Plat – Planner Kleisler reported the Planning Commission recommended approval to the Town Board, and the Town Board would be hearing this proposal on August 27, 2013. 2. The Meadow Supplemental Condominium Map #2 – Planner Kleisler reported another duplex is complete at The Meadow, this one being 311 and 315 Kiowa Drive. The Town Board would be reviewing the Supplemental Condominium Map on August 27, 2013. E. County Commission Reviews 1. Director Chilcott reported there were no applications for review by the County Commissioners, but she and Planner Kleisler attended their work session and provided an update on the modernization to the Comprehensive Plan. They specifically looked at the economic section. She informed the Commissioners of the new Town representative on the Planning Commission, Charley Dickey. Director Chilcott updated the Commissioners about some preliminary EVDC amendments being discussed; one dealing with micro- distilleries. She and Planner Kleisler met with Seth Larson from the City of Fort Collins. He conducted research and drafted the code on micro-breweries and distilleries that was adopted by the City of Fort Collins. His research and knowledge will help our staff draft an appropriate code amendment for the Estes Valley. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 20, 2013 Board Room, Estes Park Town Hall 2. Rita Kurelja, Director of the Estes Park Housing Authority will be addressing the Town Board at their August 27th Study Session. Director Chilcott would be updating the County Commissioners on attainable housing. F. Estes Park Visitor Center Parking Structure and Transit Facility – Director Chilcott reported September 4-6 the Public Works Department will be hosting design charrettes for the public to attend and comment. Information gathered at these meetings will assist Town Board in making a decision on the design of the proposed parking structure. Commissioner Dickey encouraged the public and the Planning Commissioners to attend and participate in these meetings. There being no further business, Chair Hull adjourned the meeting at 2:07 p.m. ___________________________________ Betty Hull, Chair ___________________________________ Karen Thompson, Recording Secretary To: Honorable Mayor Pinkham Town Board of Trustees Town Administrator Lancaster From: Bo Winslow, Community Services Director Date: October 8, 2013 RE: Halloween Road Closure Background: In the last 2 years staff has blocked off areas identified on the attached map to assist with the safety of the Halloween Celebration in the downtown area. Attached is a map of the proposed closure on Elkhorn Avenue. This closure would start at 4 pm on Thursday, October 31 and end approximately 9 pm the same day. Budget: Staff time to set up panels to block road off would be the only expense to this closure. This takes Streets, PD, and Events staff approximately 2 hrs to set up and tear down with 6 people. Staff Recommendation: Staff recommends approval of road closure for the Downtown Halloween Event. Recommended Motion: I recommend approval/denial of road closure along Elkhorn Avenue on October 31, 2013 for the Downtown Halloween Event. Community Services Memo T O W N H A L L P.O. E E L K H O R N A V E W ELKHORN AVE CLEAVE ST BIGHORN DR SPRUCE DRMACGREGOR AVEDAVIS ST MORAINE AVEEAST RIVERSIDE DRèéí èéí èéí èéí I* I* I* £¤34£¤34 £¤36 R M N P S . E N T R A N C E òñð òñð BONDPARKPERFORMANCEPARK RIVERFRONTPLAZA VISITORS CENTER VIRGINIA AVE WEST RIVERSIDE DRD QLO T WEIST PARKING LOT Br o wn fi e l d L o t E D 'sLOT R IV E R W A L K R IV E R W A L K E D 'sLOT U S B a n k P a rk in g L o tR a n g e R e a lty & C o ld w e ll B a n k e rE g g & IP a rk in g L o tM u n i B ld g L o tL ib ra ry L o tVirginia LotBig Horn Lot DavisLot Pedestrians Only P e d e s tria n s O n ly P e d e s tria n s O n ly P e d e s tria n s O n ly /I*RESTROOMS òñð PARKS Halloween Event Traffic DiversionOption 3 - Eastbound Pedestrian Walkway Explaination of Option 3:Spruce Dr. to Riverside Dr.is closed to traffic. Also, asingle lane of traffic is closedfrom riverside to the 34/36intersection for pedestrianonly traffic. Traffic ControlDevices Cones Barri cades !"$Stop Signs Officer Locations Traffic Officers: 6Roaming Security Officers: 3Total Officers: 9 Estes Park School District R-3 October 08, 2013Town of Estes Park High-Quality Public EducationThe Board and Community Have SpokenMaintain (at a minimum):Small Class SizesRobust Curricular OfferingsCompetitive Teacher SalariesExcellent Up-to-Date MaterialsExtracurricular ActivitiesGifted and Talented ProgrammingReading Enrollment Trends1997-1998 1,353 1998-1999 1,344 1999-2000 1,366 2000-2001 1,354 2001-2002 1,393 2002-2003 1,411 2003-2004 1,361 2004-2005 1,260 2005-2006 1,265 2006-2007 1,272 2007-2008 1,206 2008-2009 1,186 2009-2010 1,210 2010-2011 1,159 2011-2012 1,175 2012-2013 1,139 2013-2014 1,145 2014-2015 1,078 2015-2016 1,048 2016-2017 1,018 2017-2018 988 R² = 0.93789501,0001,0501,1001,1501,2001,2501,3001,3501,4001,450October Membership CountFunded Pupil Count During the period between 1970 and 1976, Colorado was just below the national mean for education spending in K-12 education. The following ten year period recorded spending at levels higher than the average with a peak in 1982.232 (1,543)(2,000)(1,500)(1,000)(500)0500Colorado vs US Average Expenditures (National Center for Education Statistics‐Last Year with Reported Data is 2010 How do neighbor states fund K-12?National Average for 2010 was $10,591National Center for Education Statistics (NCES2012-307) Public School Finance Dilemma:Colorado Department of Education Data – FY2012Aspen/Summit: 89.65% Local Boulder: 68.27% LocalThompson: 33.74% Local Vilas: 9.72% LocalSt. Vrain: 37.14% Local JeffCo: 38.27% LocalEstes Park R-3: 100% Poudre: 38.32%State Average: 39% Local100% 0 0 0 EPSDR‐3 State of CO Can we Consolidate with another district?•Requires approval of voters in both the receiving and the joining counties (tax issues) Comparison – Property Values, Assessed Values, & Mill LevyMill Rate0.0005.00010.00015.00020.00025.00030.00035.00040.00045.00050.000050,000100,000150,000200,000250,000300,000350,000400,000Average Home ValueAssessed ValueFY1993 ‐FY2012 (estimated) What is the current state of the GF budget?(expenditures)•2006-2007 $10,290,390•2007-2008 $10,164,360•2008-2009 $10,368,648•2009-2010 $10,811,760 •2010-2011 $ 9,773,465•2011-2012 $10,510,558•2012-2013 $10,090,269 **(Unaudited)•2013-2014 $10,144,292 **(Preliminary) Mill Levy OverridesElection ResultNovember 1989November 1997November 1999November 2006$   206,000$   377,000$   598,138$   740,000$1,921,138 FY2013‐2014 Funding CalculationGRAND TOTAL PROGRAM FUNDINGTOTAL PROGRAM FUNDING - enter line TP3 9,084,329.72 PROPERTY TAX REVENUES - enter line ML6 times line V31 7,217,777.20 SPECIFIC OWNERSHIP TAX - enter line V30 501,166.16 STATE SHARE 1,365,386.36 enter line GT1 minus line GT2 minus line GT3CATEGORICAL BUYOUT MILL LEVY REVENUE 0.00 enter line CB5 times line V31TOTAL PROGRAM PER-PUPIL FUNDING 8,194.42 enter line GT1 divided by line FC9NEGATIVE FACTOR(1,365,386.36)NEGATIVE FACTOR TOTAL PROGRAM FUNDINGTOTAL PROGRAM 7,718,943.36 PROPERTY TAXES 7,217,777.20 SPECIFIC OWNERSHIP TAXES 501,166.16 STATE SHARE0.00 REQUIRED CATEGORICAL BUYOUT FROM TOTAL PROGRAM 41,570.79 Amendment 66 – Summary & Analysis•In budget year 2012‐13, about $5.5 billion of P‐12 public education funding was paid from state and local taxes on individuals and businesses, including state income and sales tax and local property and vehicle ownership tax.  Almost all of this revenue is allocated to school districts through a formula in state law. The rest provides state assistance for other programs, such as transportation and special education. •Currently, the state constitution requires that the base funding amount increase every year by at least inflation. The constitution also specifies that the State Education Fund receive about 7.2 percent of all income tax revenue to support the annual increase in base per pupil funding. •The recent recession reduced the amount of state and local tax revenue available for P‐12 public education funding. In each of the past three budget years, the decline in state revenue caused the legislature to reduce the amount of state money going to school districts below what would have been required by the funding formula. •For example, in budget year 2012‐13, actual funding was $1.0 billion below what the funding formula would have required.  Amendment 66Specifically, the measure: •raises the state individual income tax rate from 4.63 percent to 5.0 percent on the first $75,000 of taxable income and to 5.9 percent on any taxable income over $75,000 and deposits the additional tax revenue in a separate fund to pay for public education;•implements legislation passed by the state legislature creating a new formula for allocating state and local funding to school districts;•repeals the constitutional requirement that base per pupil funding for  public education increase by at least the rate of inflation annually; and•requires that at least 43 percent of state income, sales, and excise tax revenue, collected at existing tax rates, be set aside annually to pay for public education Proposed AmendmentImpact to EPSDR‐3Difference between State Funding (Includes TLI) Vs. Current Act State Share $ 1,142,423  Proposed Mill LevyImpact to EPSDR‐3$ 750,000 The Mill Levy Question is only valid IF the Amendment 66 Question FAILS. Mill Levy Impact $3.00 on $315,000 Residence Possible OutcomesColorado Election Estes Park ElectionAmendment 66 Passes ‐$1,142,423 Mill Levy Question becomes Moot ‐$0Amendment 66 Fails ‐$0 Mill Levy Question Passes ‐$750,000Amendment 66 Fails ‐$0 Mill Levy Question Fails ‐$0 Board of Education Election•Brian Brown•Tony Gittings•Kristine Poppitz•Laura Case•Christie Adams Visit Estes Park Tourism Recovery Efforts Tourism Recovery Communication Efforts•Misinformation Mitigation•Online, through email correspondence and via social media channels•Continuous, up‐to‐date information and images on social channels•Develop & Distribute Talking Points•Colorado Tourism Office•Front Range Partners: DIA, Visit Denver, Visit Fort Collins, Boulder CVB, etc.•Stakeholders: Business owners & community leaders•Partner Outreach•Seamless messaging in all marketing, public relations, website & social media•Continuing Long‐Term Media Pitches•General travel & tourism stories for Estes and Rocky Mountain National Park Post-Flood Media CoverageMedia OutletEquivalentAd ValuePublic Reach (Impressions)NationalCNN $ 204,833 22,144,107NBC Nightly News N/A 8,750,000NBCNews.com $ 186,435 20,155,178$ 832,500 90,000,000$ 18,418 9,029,120Travel $ 235,200 4,900,000Regional9News.com         (2) $ 90,151 10,055,969Fox 31 (3) $ 20,737 2,241,858ABC 7                  (2) $ 80,649 8,718,800CBS 4     (4) $ 8,800 951,532Denver Post         (6) $ 294,525 11,732,440TOTAL: $ 2,109,657 196,984,377 Tourism Recovery Marketing Efforts•‘Stay Mountain Strong’ Campaign•Give & Getaway Packages & Specials•Social media contests•Colorado Tourism Office support: Email database (200,000 emails) & social media (400,000 Facebook followers)•Holiday Packages & Shopping Campaign•Working with EVPC, EALA & Restaurant Group•Visit Denver ‘Mile High Holiday’ Promotion•Stakeholder Support•Newsletter: Best practices, marketing tools, promotion opportunities•Workshop: Thursday, Oct. 10 at 2pm, Hondius Room at the Library PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: October 8, 2013 RE: Multi-Purpose Event Center & Stall Barn Construction Update Objective: To update the Town Board and public on the progress of the MPEC and Stall Barn project at the Stanley Fairgrounds. Present Situation: Staff is proceeding to complete the construction of both the stall barn and the MPEC as directed. This has been challenging given the loss off the major supply routes for materials and labor from the Front Range. Dohn Construction has made a commitment to continue under these conditions with great cooperation and is back on the job as of last week with its subcontractors. Staff has been negotiating with Dohn Construction on numerous change orders covering the additional expenses and delivery charges incurred because of the access issues to Estes. It was agreed the costs and strategies for modifying work and work schedules would be analyzed each month as conditions and access to Estes are fluid and ever changing. This month’s additional charges due to the situation are estimated to be about $20,000. Both projects have been delayed and are estimated to be complete in April; however, final approved schedules have not been completed. These delays have been deemed reasonable by staff given the loss of access and inability to get to the project. The following items are ongoing for the Stall Barn. Perimeter metal siding is complete and plywood backer boards for the lower rock band areas have been completed. Roof panel placement has begun with insulation, with main room roof panel placement just beginning. Final roof panel placement should be near completion in a few weeks. MPEC foundations are complete and backfilling of foundations is substantially complete. Underground utility work and plumbing is wrapping up within the large event space. The steel erector continues sorting structural steel and steel placement will begin within the week. The project is under negotiation for a revised schedule. In addition, the project is still estimated to be within budget if highways are open as projected by the State. Budget: Community Reinvestment Fund $ 5,682,050.00 Level of Public Interest This is a project that has a very high level of interest. Liquor Licensing & Violation Guidelines Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 3, 2013 RE: Liquor Licensing & Violation Guidelines Objective: To receive input from the public and local liquor licensed establishments on liquor licensing and violation guidelines in Estes Park. Present Situation: In past years, violations occurring through compliance checks have been completed by the State Liquor Enforcement Division. Last fall the Town Board requested these actions be completed by the Town Board for liquor licenses within Town limits. On July 25 and August 21, 2013 the Town’s Police department in conjunction with the State Liquor Enforcement Division, completed two compliance checks for underage drinking. During these compliance checks a total of 12 businesses of the approximately 34 visited failed. Show Cause hearings were set for the businesses that failed the July 25th compliance checks for August 27th and September 10th. Staff utilized the current liquor stipulation guidelines approved by the Town Board in July, 1999. It was determined during these meetings that the guidelines should be reviewed and public input received before considering changes to the guidelines. Proposal: The Town Clerk’s office sent a notification letter to all liquor licensees informing them of the opportunity to provide feedback on the current guidelines related to liquor violations. In addition, a public announcement was sent out through the Public Information office notifying the public of the discussion and opportunity to comment on the item. The comments presented at the meeting will be discussed further by the Town Board at the study session on October 22nd to provide Town staff with direction on how the guidelines should be updated. Advantages: The discussion provides the public an opportunity to comment on the guidelines utilized by the Town in addressing liquor license violations. Liquor Licensing & Violation Guidelines 2 Disadvantages: None. Action Recommended: None needed at this time. Budget: None. Level of Public Interest Low for the general public and high for the liquor licensed establishments. Sample Motion: None as this is a discussion item only. LIQUOR LICENSE STIPULATION GUIDELINES *Revised July, 1999 Statement of Purpose: To authorize Town staff to negotiate a Stipulation Agreement, utilizing these Guidelines, with the Liquor Licensee following the setting of a Show Cause Hearing. The Town Board may amend, approve, or deny any Stipulation Agreement. REGULATION NO. CODE VIOLATION * RECOMMENDED SUSPENSION *ACTUAL TIME SERVED – TO BE DETERMINED Critical Violations: 12-47-901(1)(a) Sale to an Underage Person 1st Offense 2nd Offense, w/in 1 yr. 3rd Offense, w/in 1 yr. 4th Offense, w/in 2 yrs. 21 Days 30 “ 60 “ 90 “ to revocation 12-47-901(1)(a) and Reg. 47-900 Sale to Intoxicated Person 1st Offense 2nd Offense 3rd Offense 30 Days 90 “ 6 Mo. to revocation Reg. 47-900A. Conduct of Establishment Intentional: 1st Offense 2nd Offense 3rd Offense 30 Days 90 “ 6 Mo. to revocation Administrative Violations: 12-47-901(5)(n)(I) and Reg. 47-922A.1. Permitting Illegal Gambling 1st Offense 2nd Offense 3rd Offense 7 Days 30 “ 90 “ to revocation “ Video Poker Gambling 1st Offense 2nd Offense 3rd Offense 7 Days 30 “ 90 “ to revocation 2 REGULATION NO. CODE VIOLATION *RECOMMENDED SUSPENSION *ACTUAL TIME SERVED – TO BE DETERMINED “ Shake-A-Day Gambling Device 1st Offense 2nd Offense 3rd Offense 7 Days 30 “ 90 “ Reg. 47-900A. Permitting Disturbances 1st Offense 2nd Offense 3rd Offense 20 Days 30 “ 90 “ Reg. 47-900A. Conduct of Establishment Negligence: 1st Offense 2nd Offense 3rd Offense 20 Days 30 “ 90 “ to revocation Reg. 47-408A. Purchase of Liquor from Other Than Wholesaler 1st Offense 2nd Offense 5 Days 7 “ Reg. 47-419B. Failure to Meet Food Requirement (H&R, Brew Pub) 1st Offense 2nd Offense 10 Days 30 “ 12-47-901 (5) IV (I) Sale After Legal Hours 1st Offense 2nd Offense 7 Days 20 “ 12-47-301(7) Failure to Report Manager, Corporate & Financial Change 1st Offense 2nd Offense 5 Days 7 “ 12-47-901(5)(a)(I) Underage Employee Selling or Serving 1st Offense 2nd Offense 3rd Offense 20 Days 30 “ 90 “ Reg. 47-904C. Altered Liquor 1st Offense 10 Days 3 Definition: 1. Offense: for the purpose of these guidelines, an offense is a single occurrence of a violation. It is possible that within an offense, there could be multiple counts. Notes: 1. These guidelines are intended as an instrument for the Town Board and Staff. The Town Board and Staff may at any time, depending upon the severity of the violation, alter the suspension time defined in these guidelines. 2. *These guidelines were prepared following review of the Colorado Liquor Enforcement Division’s Guidelines, as updated June 4, 1999. 3. Staff may, at any time, elect not to negotiate a Stipulation Agreement, thus proceeding with the Show Cause Hearing before the Board of Trustees. 4. All substantial liquor license violations, as determined by Staff, will be scheduled for a Show Cause Hearing. If the Town Board does not approve the Stipulation Agreement, the Town Board will proceed with the Show Cause Hearing. 5. Days not actually served (days held in abeyance) are suspended on the condition that no further violations occur within the one-year stipulation period. 6. *Liquor violations are carried for 5 years for purposes of litigation. Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: October 3, 2013 RE: Order of Agenda Items Objective: To discuss the order of Town Board agenda items. Present Situation: The order of agenda items has been reviewed in the past and several iterations on how the agenda should be ordered have been discussed and tried. The Town Clerk’s office is using the most recent configurations requested by the Board.  Pledge  Public Comment  Awards, Recognitions, Proclamations, etc.  Town Board Comments/Liaison Reports  Town Administrator Report  Consent Agenda  Liquor Items  Reports & Discussion Items  Planning Commission Items  Action Items  Executive Sessions Proposal: None. The item has been added to the agenda to allow discussion by the Town Board. Advantages: None. Disadvantages: None. Action Recommended: None needed at this time. Budget: None. Level of Public Interest: Low Sample Motion: None as this is a discussion item only. RESOLUTION 28-13 OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK ENCOURAGING ESTES PARK RESIDENTS AND BUSINESSES TO BUY LOCALLY AND USE LOCAL BUSINESSES AND SERVICES WHEN PRACTICAL AND POSSIBLE WHEREAS, the flooding event of the week of September 9, 2013, had a significant negative impact on local businesses; and WHEREAS, locally owned, independent businesses are innovators and creators of the next generation of products, pay taxes, provide jobs, and contribute significantly to our local community; and WHEREAS, taxpayers provide the revenue needed to operate essential government services; and WHEREAS, a diverse assortment of local and independent businesses provide for a more stable tax base and generally require a less costly infrastructure, thereby providing a good return on investment to local government; and WHEREAS, supporting local businesses is in the best interest of the Town of Estes Park residents and business owners, because our local businesses are critical to maintaining a socially, environmentally, and financially sustainable local economy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The Board of Trustees of the Town of Estes Park urges all Estes Park residents and businesses to share in this effort to strengthen our community, buying locally and using local businesses and services when practical and possible. Passed and adopted at a regular meeting of the Board of Trustees of the Town of Estes Park this day of October, 2013. Mayor ATTEST: Town Clerk RESOLUTION 29-13 OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK TERMINATING THE STATE OF LOCAL EMERGENCY DECLARED BY THE TOWN ADMINISTRATOR AND PROVIDING THE AUTHORITY TO THE TOWN ADMINISTRATOR TO ENTER INTO CERTAIN INTERGOVERNMENTAL AND/OR MUTUAL AID AGREEMENTS FOR CONTINUED RECOVERY FROM THE FLOOD WHEREAS, on September 12, 2013, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the Town and persons conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of property, the Town Administrator proclaimed a “local emergency” in accordance with applicable Colorado Statutes, and WHEREAS, pursuant to Resolution 27-13, the Board of Trustees of the Town continued the local disaster emergency until such time as conditions warranting this local emergency no longer exist; and WHEREAS, the need for emergency action and remediation of the Town’s activities has moved from emergency actions to recovery and remediation of the Town’s facilities; and WHEREAS, certain emergency response and remediation actions of the Town are continuing, particularly with regard to debris removal, protection and restoration of the Town’s Water and Light and Power facilities, and emergency remediation and recovery of Town roads for access to Town and surrounding properties; and WHEREAS, the Board of Trustees has determined that it is no longer necessary to continue the current local disaster emergency; and WHEREAS, it is necessary, in order to continue to address emergency response and remediation, particularly with regard to debris removal, protection and restoration of the Town’s Water and Light and Power facilities, and emergency remediation and recovery of Town roads and access to Town and surrounding properties, the Board of Trustees has determined that the Town Administrator shall be authorized to execute certain documents including, but not limited to, intergovernmental and/or mutual aid agreements in order to provide necessary equipment, personnel, services and resources to continue to provide necessary emergency measures to protect the life, health, safety and property of the citizens of the Town and Town facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: Section 1. The local emergency proclaimed by Town Administrator Lancaster on September 12, 2013, and continued by Resolution 27-13, is hereby terminated effective October 9, 2013. Section 2. In order to provide for the continuation of emergency response and remediation for debris removal, protection and restoration of the Town’s Water and Light and Power facilities, and emergency remediation and recovery of Town roads for access to Town and surrounding properties, the Board of Trustees of the Town of Estes Park hereby authorizes the Town Administrator to execute intergovernmental and/or mutual aid agreements, and any other documents for the purpose of the acquisition and provision of resources necessary to continue to preserve life and property within the Town of Estes Park, the service areas of the Town’s Water and Light and Power systems, and provide for services and resources, including materials, for access and repair of Town roads and any other resources necessary to protect Town facilities. Section 3. The action of the Board of Trustees on September 12, 2013 to suspend the procurement policy is hereby continued until further action of the Board of Trustees. Passed and adopted at the regular meeting of the Board of Trustees of the Town of Estes Park this ___day of October, 2013. _________________________________ Mayor ATTEST: _____________________________ Town Clerk RESOLUTION 30-13 OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK IN SUPPORT OF CONSTRUCTING A NEW COUNTY OFFICE BUILDING IN LOVELAND, COLORADO WHEREAS, on the 2013 general election ballot, Larimer County citizens will be asked to allow Larimer County to build a new County office building in Loveland, Colorado at no additional expense to the public; and WHEREAS, the current building in Loveland is crowded, inefficient and ineffective for serving our citizens; and WHERES, remodeling a forty year old building for today’s needs is expensive, inefficient and is not the best use of our public dollars; and WHEREAS, Larimer County will use existing accumulated sales tax and reserves to fund the new facility; and WHEREAS, Larimer County will not impose any additional taxes to fund the new County office building; and WHEREAS, the new county office building will be less expensive to operate and include adequate public parking; and WHEREAS, providing core county services in Loveland such as Motor Vehicle, Employment, and Health and Human Services will reduce traffic congestion and provide conveniently located services for the public in southern Larimer County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The Board of Trustees of the Town of Estes Park support the resolution to construct a new county office building in Loveland, Colorado. Passed and adopted at a regular meeting of the Board of Trustees of the Town of Estes Park this day of October, 2013. Mayor ATTEST: Town Clerk Larimer County GovernmentLoveland Facility Tax RepurposeOctober 9, 2013 Larimer County Commissioners Office2History1997 Voter ApprovedFort Collins Facilities replacement–Sheriff Office–Courthouse Offices–Justice CenterLoveland 6thStreet Facility Remodel Larimer County Commissioners OfficeCurrent ConditionsSignificant Parking IssuesSignificant Building Issues3 Larimer County Commissioners Office4 Larimer County Commissioners OfficeStay in Downtown LovelandBetter access for CitizensStronger message to communityGood economic boost for City of Loveland5 Larimer County Commissioners OfficeRemodel vs. RebuildCostsEfficiencyBring in Workforce Center6 Larimer County Commissioners OfficeProposed Solution2013 Ballot IssueAllow existingcollected funds to be used for new/rebuilt buildingNo tax increaseTABOR requires asking voters since 1997 language was limited to remodeling onlyPlan is to supplement with other reserves7 Larimer County Commissioners OfficeRequestPersonal and Professional Support of our ballot initiativeResolution in your packetWould appreciate your favorable endorsement8 Larimer County Commissioners OfficeQuestions?9 Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Date: October 8, 2013 RE: Revised Problem Statement for Estes Valley Development Code Text Amendment Concurrent Review and Promulgating Processing Schedules Objective: Obtain policy direction on revisions to the Estes Valley Development Code (EVDC). Present Situation: The EVDC allows an applicant to request concurrent processing of different types of development approvals to expedite total review and processing time for a project. The EVDC also authorizes staff to promulgate processing schedules for each application. Proposal: During a Town Board study session, the Trustees requested staff draft text amendments to the EVDC to: 1. Clarify that staff has the authority to promulgate processing schedules for related development applications; and 2. In all cases, require review and approval of related development applications by Planning Commission and Town Board prior to review by the Board of Adjustment. Advantages: 1. Increased clarity about staff’s authority to promulgate processing schedules for related development applications; and 2. Clear policy direction on when Board of Adjustment review shall occur. Disadvantages: 1. Time and cost to process Estes Valley Development Code text amendment; 2. Slightly more regulatory language; and Community Development Memo Page 2 3. Potential for longer review times for developers waiting on Board of Adjustment decision on a non-controversial/minor variance request. Action Recommended: Direct the Estes Valley Planning Commission to review and forward a text amendment to the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners to: 1. Clarify that staff has the authority to promulgate processing schedules for related development applications; and 2. In all cases, require review and approval of related development applications by Planning Commission and Town Board prior to review by the Board of Adjustment. Code language shall be reviewed and approved by the Town Attorney prior to Planning Commission review. Code language shall provide examples of processing schedules. Budget: Staff Time: 15 hours (Estimated) Legal Notice, Publication, and Codification Fees: Minimal (Estimated at $300) Level of Public Interest: Low Sample Motion: I move to direct the Estes Valley Planning Commission to review and forward an Estes Valley Development Code text amendment to the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners as described in the problem statement. 1 TOWN OF ESTES PARK EXECUTIVE SESSION PROCEDURE April 27, 2010 Executive Sessions may only occur during a regular or special meeting of the Town Board. Limited Purposes. Adoption of any proposed policy, position, resolution, or formal action shall not occur at any executive session. Procedure. Prior to the time the Board convenes in executive session, the Mayor shall announce the topic of discussion in the executive session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, including the specific statutory citation as enumerated below. Prior to entering into an executive session, the Mayor shall state whether or not any formal action and/or discussion shall be taken by the Town Board following the executive session. 1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest – Section 24-6-402(4)(a), C.R.S. 2. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions – Section 24-6-402(4)(b), C.R.S. 3. For discussion of a matter required to be kept confidential by federal or state law, rule, or regulation – Section 24-6-402(4)(c), C.R.S. 4. For discussion of specialized details of security arrangements or investigations – Section 24-6-402(4)(d), C.R.S. 5. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators – Section 24-6-402(4)(e), C.R.S. 6. For discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. 7. For consideration of any documents protected by the mandatory non-disclosure provision of the Colorado Open Records Act – Section 24-6-402(4)(g), C.R.S. 2 Electronic Recording. A record of the actual contents of the discussion during an executive session shall be made by electronic recording. If electronic recording equipment is not available or malfunctions, written minutes of the executive session shall be taken and kept by the Town Clerk, if present, or if not present, by the Mayor. The electronic recording or minutes, if any, of the executive session must state the specific statutory provision authorizing the executive session. The electronic recording or minutes, if any, of the executive session shall be kept by the Town Clerk unless the Town Clerk was the subject of the executive session or did not participate in the executive session, in which event, the record of the executive session shall be maintained by the Mayor. If written minutes of the executive session are kept, the Mayor shall attest in writing that the written minutes substantially reflect the substance of the discussion during the executive session and such minutes shall be approved by the Board at a subsequent executive session. If, in the opinion of the attorney who is representing the Board, and who is present at the executive session, “all or a portion” of the discussion constitutes attorney-client privileged communications: 1. No record shall be kept of this part of the discussion. 2. If written minutes are taken, the minutes shall contain a signed statement from the attorney attesting that the unrecorded portion of the executive session constituted, in the attorney’s opinion, privileged attorney-client communications. The minutes must also include a signed statement from the Mayor attesting that the discussion in the unrecorded portion of the session was confined to the topic or topics for which the executive session is authorized pursuant to the Open Meetings Law. Executive Session Motion Format. Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of the statutory provision authorizing the executive session. THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION: _ _ For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) – Litigation. _ X For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e) – PERA Agreement. ____ To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). 3 _ _ For discussion of a personnel matter – Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. ____ For discussion of a matter required to be kept confidential by the following federal or state law, rule or regulation: under C.R.S. Section 24- 6-402(4)(c). _ _ For discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402(4)(d). ____ For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the details): . The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum present. Retention of Electronic Recording or Minutes. Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.R.S., the Town Clerk shall retain the electronic recording or minutes for ninety (90) days. Following the ninety (90) day period, the recording or the minutes shall be destroyed unless during the ninety (90) day period a request for inspection of the record has been made pursuant to Section 24-72- 204(5.5) C.R.S. If written minutes are taken for an executive session, the minutes shall be approved and/or amended at the next executive session of the Town Board. In the event that the next executive session occurs more than ninety (90) days after the executive session, the minutes shall be maintained until they are approved and/or amended at the next executive session and then immediately destroyed. 4 ANNOUNCEMENT ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE TOWN ATTORNEY. It is ____Tuesday, October 8, 2013______, and the time is (state the time) p.m.__. For the Record, I am ___Bill Pinkham _________________, the Mayor (or Mayor Pro Tem) of the Board of Trustees. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the following person(s):__ Mayor Pro Tem Blackhurst, Trustees Mark Elrod, John Ericson, Wendy Koenig, Ron Norris, and John Phipps; Town Administrator Lancaster, Director Williamson, and Attorney White. (Also include any others who will be present for the executive session in this announcement.) This is an executive session for the following purpose of: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e) – PERA Agreement. I caution each participant to confine all discussion to the stated purpose of the executive session, and that no formal action may occur in the executive session. If at any point in the executive session any participant believes that the discussion is outside of the proper scope of the executive session, please interrupt the discussion and make an objection. The close of the executive session is in the Mayor’s discretion and does not require a motion for adjournment of the executive session. The Mayor shall close the executive session by stating the time and return to the open meeting. After the return to the open session, the Mayor shall state that the Town Board is in open session and whether or not any formal action and/or discussion shall be taken by the Town Board. PERA Agreement Administrative Services Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Administrative Services Director Date: October 3, 2013 RE: PERA Agreement Objective: To approve an agreement between the Town of Estes Park and PERA regarding retirement benefits for certain non-sworn Police personnel and management staff. Present Situation: For the past year staff has been reviewing the benefits provided to all employees. Staff has completed a thorough review of the ICMA and PERA retirement plans. In May of this year staff brought forward action to increase ICMA contributions to match those paid to PERA accounts and to drop FPPA coverage for the dispatchers because they did not meet the qualifications as a member. With the removal of FPPA coverage in May, the dispatchers became eligible for membership in PERA. As some of the dispatchers have been in ICMA for a number of years and may be close to retirement, there was discussion on giving the dispatchers a choice on moving to PERA. Therefore, staff and Attorney White began discussions with PERA to develop an agreement allowing the qualifying members to make a one-time election to either move to PERA or stay with ICMA. During these discussions it was discovered there were Police civilian staff that should have been included in PERA rather than ICMA, and that individuals hired as senior management were placed in ICMA without the proper opportunity to elect PERA retirement. Therefore these two classes of employee have also been added to the agreement. Proposal: Attached to this memo is a copy of the negotiated agreement between Town staff, Attorney White and PERA attorneys. The agreement would allow the affected employees a one-time offer to change retirement plans and move from ICMA, a defined contribution plan to PERA, a defined benefit plan. Advantages:  The proposed agreement would allow the employee an option rather than being forced to move to a new retirement plan. There are employees affected that have a number years of service with the Town that may not benefit from moving to PERA. PERA 2 A move to PERA would require them to work a minimum of 5 additional years to be vested in PERA before retiring. Disadvantages: None. Action Recommended: Approve the agreement with PERA as presented. Budget: The agreement would require the employee and the Town to provide contributions in the appropriate amounts, as well as the Town providing the past interest on both the Employee and the Town’s contributions for the applicable period. Exact amount is unknown but the estimated employer contributions by the Town will be significant. Level of Public Interest Low. Sample Motion: I move to approve/deny the agreement with PERA. 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter “MOU”) is entered into as of the date this MOU is last signed by a party hereto (the “Effective Date”) by THE TOWN OF ESTES PARK, (hereinafter the “Town”) and the PUBLIC EMPLOYEES’ RETIREMENT ASSOCIATION OF COLORADO (hereinafter “PERA”). The Town and PERA may hereinafter collectively be referred to as the “Parties.” For purposes of this MOU, the Town of Estes Park shall be defined to include the Town and anyone claiming or liable through the Town including, but not limited to, its individual Trustees, employees, executives, and officers. For purposes of this MOU, PERA shall be defined to include the Public Employees’ Retirement Association of Colorado and anyone claiming or liable through PERA including, but not limited to the PERA Board of Trustees, individual Trustees, executives, officers, any and all parents, divisions, sister companies, subsidiaries, affiliates, and/or other related entities of PERA (whether or not such entities are wholly owned) and the predecessors, successors and assigns of each of them. RECITALS WHEREAS, prior to the Effective Date, certain individuals employed by the Town were enrolled in retirement plans administered through ICMA rather than enrolled in PERA. All employees of PERA-affiliated employers are required to participate in PERA with certain limited exceptions set forth in C.R.S. § 24-51-301, et seq.; and WHEREAS, the Parties acknowledge that 4 management level employees , and any other similarly situated individuals, who were enrolled in ICMA rather than PERA did not make the written election to be exempt from PERA as required by C.R.S. § 24-51-308; and 2 WHEREAS, the Parties acknowledge that 6 non-sworn police personnel , and other similarly situated individuals, who were enrolled in ICMA rather than PERA, were not eligible for PERA upon initial hire due to their participation in the Fire & Police Pension Association of Colorado (“FPPA”), but that such FPPA participation was terminated in May 2013; and WHEREAS, the Parties acknowledge that 4 non-sworn police personnel , and other similarly situated individuals, who were enrolled in ICMA rather than PERA, were not exempt from PERA as set forth in C.R.S. § 24-51-301, et seq. WHEREAS, the Town hereby represents that it has made its best effort to identify all individuals who may be covered by this MOU; but the Parties acknowledge that it is possible that unidentified similarly situated individuals exist that were not identified (“Similarly Situated Individuals”) and hereby agree that any such individuals shall be covered by this MOU as well; and WHEREAS, this MOU only applies to the individuals who were employed by the Town prior to August 1, 2013, including any Similarly Situated Individuals; and WHEREAS, PERA and the Town wish to enter into this MOU to agree on the PERA membership eligibility of such individuals for their employment by the Town; and WHEREAS, this MOU will be binding on both the Town and PERA and is intended to fully resolve all conflicts regarding the PERA membership eligibility of such individuals. 3 AGREEMENT The Parties hereby agree as follows: (1) The Parties hereby agree that under the PERA statutes, set forth at C.R.S. § 24-51-101, et seq., all employees of the Town, a PERA-affiliated employer, are required to be members of PERA unless they meet one of the exceptions set forth in C.R.S. § 24-51-301, et seq. (2) The Parties hereby agree that the management level employees, and any Similarly Situated Individuals, who were enrolled in ICMA rather than PERA did not make a written election to be exempt from PERA as required by C.R.S. § 24-51-308. (3) The Parties hereby agree that the non-sworn police personnel, and any Similarly Situated Individuals who participated in FPPA, met the exception set forth in C.R.S. § 24-51- 310(1)(f) at the time they were employed and were not eligible to be enrolled in PERA at that time. However, the Parties further agree that such exception ceased to apply in May 2013 when FPPA coverage was terminated for these individuals. (4) The Parties hereby agree that the non-sworn police personnel, and any Similarly Situated Individuals, who did not meet the exemptions set forth in C.R.S. § 24-51-301, et seq. at the time they were employed, were required to be enrolled in PERA at that time. (5) The Parties hereby acknowledge that all of the individuals identified in Paragraphs (2), (3) and (4) above have been participating for many years in ICMA rather than PERA and may not wish to have their retirement plan enrollment re-examined or changed at this point in their careers. In recognition of this fact, the Parties hereby agree that all these individuals and any Similarly Situated Individuals shall not have such enrollment in ICMA rather than PERA re-examined by PERA unless the individual elects in writing to enroll in PERA. In the event of such an election, the Parties agree that the Town will remit: (a) the employer contributions which would have been paid to PERA plus interest based on the actuarial investment assumption rate specified in C.R.S. § 24-51-101(2); and (b) interest based on the actuarial investment assumption rate specified in C.R.S. § 24-51- 101(2) on the PERA member’s share of the contributions, in accordance with C.R.S. § 24-51-402. The Parties further agree that the member contribution will not be optional for the individual and may be paid through a trust-to-trust transfer to PERA from such person’s ICMA account, if allowable under relevant IRS regulations, or by other means. The Town agrees to cooperate with PERA in a timely manner to provide necessary salary information to PERA to calculate amounts due. (6) The Parties agree that the Town will provide information to all individuals identified in Paragraphs (2), (3), and (4) above, and any Similarly Situated Individuals, informing such individuals of their right to be PERA members. The Town will seek a written acknowledgment from the individuals who do not elect to be in PERA for their employment with the Town. The Town will cooperate fully with PERA in enrolling individuals who elect to be in PERA and pay unpaid contributions as stated in paragraph (5). 4 (7) The Parties hereby agree that any PERA membership status determined under this MOU will be treated as a settlement of a claim. All individual(s) identified in Paragraphs (2), (3) and (4) above will be required to execute an agreement and waiver of any future claim for eligibility, and both PERA and the Town shall be parties to such an agreement. (8) PERA warrants that Kimberly Riccardi, Esq. represents PERA with respect to this MOU and all matters covered by it. The Town warrants that Greg White, Esq. represents the Town with respect to this MOU and all matters covered by it. The Town and PERA each warrant that each has conducted themselves freely and voluntarily with respect to this MOU and all matters covered by it. PERA and the Town each warrant that each has been fully advised by their respective attorneys about, or are otherwise aware of, their rights and obligations with respect to the execution of this MOU. (9) This MOU may be executed in counterparts, each of which is equally admissible into evidence. (10) This Agreement shall be construed and enforced pursuant to the laws of the State of Colorado. (11) Any notice required or permitted by this MOU will be deemed effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: Town of Estes Park Public Employees’ Retirement Association Attn: Town Administrator of Colorado P O Box 1200 Attn: Estes Park, CO 80517 (12) This MOU embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this MOU supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties. This MOU may not be modified or amended except by written agreement of the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5 IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year written below. TOWN OF ESTES PARK _________________________________ By: _________________________________ Its: _________________________________ STATE OF COLORADO ) )ss. COUNTY OF _______________ ) Subscribed and sworn before me this _____ day of _______ 2013 by _________________________. _________________________________ Notary Public My Commission expires: ___________________. 6 PUBLIC EMPLOYEES’ RETIREMENT ASSOCIATION OF COLORADO _________________________________ By: ______________________________ Its: ______________________________ STATE OF COLORADO ) )ss. COUNTY OF _______________ ) Subscribed and sworn before me this _____ day of _______ 2013 by _________________________. _________________________________ Notary Public My Commission expires: ___________________. APPROVED AS TO FORM By:_____________________________________ Dated: __________. Kimberly Riccardi, Esq. Attorney for PERA