Miss Oberlander. Metric Length is based on a meter. Meter Stick (a little longer than a yard)
703 Weld County Road 37 JOINT WATER/WASTEWATER … · 04/08/2020 · Pennsylvania Urban-Rural...
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Please understand that Board of Trustees members use electronic devices of various kinds to access the materials relevant to the matters before us. Be assured, however, that, by mutual agreement and common practice of this Board of Trustees, these devices are not being used for texting, emailing, or other communications during public meetings. 703 Weld County Road 37 JOINT WATER/WASTEWATER AUTHORITY AND BOARD OF TRUSTEES REGULAR MEETING August 4, 2020 6:30 p.m. This meeting will be conducted as a Virtual Meeting In order to comply with all health orders and guidelines, including the Governor’s March 25, 2020 Stay-at-Home-Order intended to stop the spread of COVID-19 (Coronavirus), no members of the Board or Town Staff will be physically present at the Town hall for this meeting; and the public similarly may not attend in person. The public may participate in these ways: 1. Provide comments/questions in advance by 6:30 p.m. on August 4, 2020 to [email protected]. Any comments/questions will be read into the record. 2. Virtually attend the meeting through a device or phone by clicking in this link https://us02web.zoom.us/j/84222642842 Your video or audio will be disabled. If you want to make comment, the host will activate the ability speak 3. Call 1-669-900-9128, enter Webinar ID when prompted: 842 2264 2842. You will join the meeting and will automatically be muted. Members of the public are welcome and encouraged to attend all Town of Lochbuie meetings. Jacob Lofgren, Mayor Dave Ott, Mayor Pro-Tem Jamie Jeffery, Trustee Larry Strock, Trustee Mike Morris, Trustee May Wescott, Trustee AGENDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA
Transcript of 703 Weld County Road 37 JOINT WATER/WASTEWATER … · 04/08/2020 · Pennsylvania Urban-Rural...
Please understand that Board of Trustees members use electronic devices of various kinds to access the materials relevant to the matters before us. Be assured, however, that, by mutual agreement and common
practice of this Board of Trustees, these devices are not being used for texting, emailing, or other communications during public meetings.
703 Weld County Road 37
JOINT WATER/WASTEWATER AUTHORITY AND BOARD OF TRUSTEES REGULAR MEETING
August 4, 2020 6:30 p.m.
This meeting will be conducted as a Virtual Meeting
In order to comply with all health orders and guidelines, including the Governor’s
March 25, 2020 Stay-at-Home-Order intended to stop the spread of COVID-19 (Coronavirus), no members of the Board or Town Staff will be physically present at the Town hall for this meeting; and the public similarly may not attend in person.
The public may participate in these ways:
1. Provide comments/questions in advance by 6:30 p.m. on August 4, 2020 to [email protected]. Any comments/questions will be read into the record.
2. Virtually attend the meeting through a device or phone by clicking in this link https://us02web.zoom.us/j/84222642842 Your video or audio will be disabled. If you want to make comment, the host will activate the ability speak
3. Call 1-669-900-9128, enter Webinar ID when prompted: 842 2264 2842. You will join the meeting and will automatically be muted.
Members of the public are welcome and encouraged to attend all
Town of Lochbuie meetings.
Jacob Lofgren, Mayor Dave Ott, Mayor Pro-Tem Jamie Jeffery, Trustee
Larry Strock, Trustee Mike Morris, Trustee May Wescott, Trustee
AGENDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
Please understand that Board of Trustees members use electronic devices of various kinds to access the materials relevant to the matters before us. Be assured, however, that, by mutual agreement and common
practice of this Board of Trustees, these devices are not being used for texting, emailing, or other communications during public meetings.
5. ACTION ITEM A. Trustee Vacancy
6. AUDIENCE BUSINESS The Town Clerk will read into record any comments/questions that were received prior to the meeting.
7. CONSENT AGENDA Any item listed on the Consent Agenda can be removed upon request from any Member of the Town Board. **For the benefit of our audience, the Mayor will read the items remaining on the Consent Agenda prior to the Board’s vote** A. August 4, 2020 Payment Approval Report ($201,427.04) B. July 21, 2020 Minutes
ADJOURN AS LOCHBUIE BOARD OF TRUSTEES AND CONVENE AS LOCHBUIE LIQUOR LICENSING AUTHORITY
A. Consideration of New Fermented Malt Beverage (FMB) Off Premises Liquor License Application for 7-Eleven. Located at 22500 E 168th Avenue, Lochbuie, CO 80601. (Blackston)
ADJOURN AS LOCHBUIE LIQUOR LICENSING AUTHORITY AND RECONVENE REGULAR MEETING AS LOCHBUIE BOARD OF TRUSTEES
8. ACTION ITEMS A. Short-term Lease Agreement with Castle Rock-Bell Mountain Well Water
(Sanchez/Jeffers) B. Silver Peaks East WCRA (Jeffers/Sanchez) C. Water Update (Jeffers/Sanchez) D. Town Hall Facility - 4-10 Schedule E. Resolution No. 2020-11 A Resolution of the Town of Lochbuie, Colorado,
Continuing an Established Deferred Compensation Plan and Ratifying Past Actions to Establish Such Plan
F. Mini Excavator Proposal G. Additional Mill/Overlay on CR 37 Proposal
9. DISCUSSION ITEMS A. Social Media Policy
10. TOWN ADMINISTRATOR REPORT
11. MAYOR AND TRUSTEE COMMENTS
12. ADJOURN
The Board may convene a lawfully called executive session at any time during a regular or
special meeting of the Board.
April 29, 2020 Linda Blackston Town Clerk/Public Information Officer/Human Resources Director 703 Weld County Road 37 Lochbuie, CO 80603 Dear Ms. Blackston: I am writing this letter to express my interest in the open Town Trustee position for the Town of Lochbuie. A few days ago, I had the opportunity to discuss this with my neighbor and current Town Trustee, Larry Strock. After discussing this opening with my family, I wanted to move forward with expressing my interest. I would like to take this opportunity to introduce myself. For the last 26 years, I have been employed as a licensed clinical social worker. I have worked in four different states in a variety of positions. I am currently a program manager for Community Reach Center. I manage a program for older adults and individuals with complex medical needs. I am confident that with my experiences across the private and public sectors, I could be a resource and asset for the residents of Lochbuie. I have always attempted to volunteer and give back to my community. I am a retired first responder and currently serve in many capacities with the Boy Scouts of America, including being Scoutmaster for Troop 315 In Brighton. I have been appointed by the Weld County Board of Commissioners to the County Board of Health. I have been identified as a leader by several different national and state organizations. I have been selected as a participant for the National Leadership Consortium on Development Disabilities (NLCDD), a national public health scholar at the National Public Health Leadership Institute (NPHLI), an emerging leader with the American College of Mental Health Administrators (ACMHA), and a Rural-Urban Leadership (RULE) Fellow at Penn State University. I am a 2016 graduate of the Leadership Northern Colorado program. In addition, I have been selected as a leadership fellow through the Special District Association of Colorado in 2018. I also have served as a mentor through a program with the Colorado Public Health Association. I believe the combination of profession, personal, and volunteer experiences, I would be an excellent candidate for the open position to serve on the Board of Trustees for the Town of Lochbuie. I look forward to this opportunity and the ability to serve my community. Thank you in advance for your time. Please do not hesitate to contact me if you have any questions. I can be reached at (412) 612-0497. Sincerely, James Kuemmerle, ACSW, BCD, LCSW
James Kuemmerle, LCSW, BCD 876 Lonewolf Circle, Lochbuie, CO 80603 | (412) 612-0497 | [email protected] |
PROFESSIONAL SUMMARY
A behavioral health professional with 25 years of experience in clinical, management, training, business development and administration in non-profit and private settings. Served across urban, rural, suburban, and frontier communities. Extensive knowledge in working with individuals with a variety of disabilities and challenges. Integrated data management and analytics into decision-making.
AREAS OF EXPERTISE INCLUDE: ● Community outreach and collaboration • Critical thinking and sound clinical judgments ● Patient centered quality care • Training and staff development
KEY AWARDS AND ACCOMPLISHMENTS ● Leadership Alle-Kiski Valley, Class XVIII ● Leadership Northern Colorado ● National Leadership Consortium on Developmental Disabilities Leadership Institute, 2010 Gary Smith Scholarship ● National Public Health Leadership Institute Scholar ● Pennsylvania Preparedness Leadership Institute, Basic and Advanced Course ● Pennsylvania Urban-Rural Leadership (RULE) Program, Class XIV, Representative Donna Oberlander Scholarship ● Special District Association of Colorado Leadership Fellow
PROFESSIONAL EXPERIENCE
Program Manager - Community Reach Center | Thornton, CO 2018 - Present
● Under limited supervision, organizes, administers, and oversees the operation of a clinical program that serves adults living in skilled nursing facilities and in the community using evidence based/evidence informed approaches to assist individuals with behavioral health and physical health needs and develop social, occupational, leisure, and living skills, which will assist them in living as independently as possible in the community.
● Oversees and coordinates team functions and community activities to enhance the quality of treatment consumers receive and ensure compliance with company goals.
● Responsible for the administrative oversight of the team including financial, resource and facilities management. ● Provides direct clinical services as needed.
ADDITIONAL EXPERIENCE
Manager of Integrated Care/Care Coordination - Jefferson Center for Mental Health | Wheat Ridge,CO 2015-2017 ● Responsible for the day-to-day administrative and operational management of designated integrated care
programs, co-locations, and care coordination/management initiatives. ● Responsible for the day-to-day clinical supervision of non-medical Behavioral Health Professionals, co-located
clinicians, care coordinators and care managers in these designated programs.
Clinical Manager - Fremont Counseling Service|Lander, WY 2013-2015 ● Plan, organize, and coordinate the activities of the Mental Health and Substance Abuse Services including
management and oversight of clinical and medical staff. ● Oversee budgets and policies regarding mental health and substance abuse services. Consults, collaborates, and
works with other agencies and service providers to ensure comprehensive services; treats all external and internal customers with dignity and respect.
● Develop and maintain clinical service allocation and staff productivity, quality assurance, clinical supervisor and mentor to clinical and non-clinical staff. Maintains a client caseload of individuals with mental health and/or substance abuse treatment needs.
● Provides crisis and emergency on-call coverage during business and after hours.
● Implements and monitors the incorporation of evidence based practices.
Human Services Consultant - Community Resource Associates, Inc. | Des Peres, MO 2012-2013
● Responsible for the transition plan creation, development, and operation for individuals being reintegrated from Jacksonville Developmental Center.
● Responsible for working with providers to identify initial and ongoing training needs and monitoring placements after discharge. Assist individuals and families in identifying providers to deliver services.
Executive Director - Armstrong-Indiana Behavioral/ Developmental Health Program | Kittanning, PA 2008-2012
● Responsible for directing all aspects of the County's behavioral and developmental health services, Medicaid, behavioral health, managed care, and drug and alcohol programs, at the office head level.
● Responsible for the management of the programs and budget development and administration; recruitment and management of staff; policy development and implementation; program planning, development, implementation and monitoring; and responsibility for compliance with applicable rules and regulations.
● Oversees HealthChoices, Intellectual/Developmental Disabilities, and Early Intervention Waiver Programs. ● Monitors financial and utilization reports monthly and develops appropriate action plans. ● Implements evidence/best practices models and pay for performance contracts.
Special Projects Manager - Value Behavioral Health of Pennsylvania | Trafford, PA 2004-2008
● Responsible for the successful operation of the VBH-PA subcontracts and any initiatives associated with them. ● Leadership role in the implementation of any future contracts for MCO services for the State of Pennsylvania
HealthChoices business. ● Provides leadership for applying managed care principles, strategies, and best practices to our HealthChoices
operations. ● Responsible for leading service center and public sector division technology initiatives as well as developing
appropriate training programs. Has developed pilot programs targeted to improve the quality of clinical services delivered. Assisted with the implementation of new service centers and contracts across the country.
EDUCATION & CERTIFICATIONS
Master of Business Administration, Healthcare Management| Western Governors University, Salt Lake City. UT
(start date: August 2019)
Master of Science, Emergency Management | Millersville University of Pennsylvania |Millersville, PA
Master of Social Work - Indiana University | Indianapolis, IN Bachelor of Arts, Political Science and Urban Studies, University of Pittsburgh|Pittsburgh, PA Licensed Clinical Social Worker, State of Colorado Board Certified Diplomate (BCD) -- American Board of Examiners in Clinical Social Work
COMMUNITY SERVICE
Adams County Homeless Coalition |Adams County, CO
Boy Scouts of America - Scoutmaster, Troop 315 | Brighton, CO
Unit Commissioner, Valley District
Order of the Arrow, Brotherhood, Lodge Elections Adviser, Section Communications Adviser
Hudson/Lochbuie Fire Protection District -- Board of Directors | Hudson, CO Weld County Board of Health – Board of Directors | Greeley, CO
Town of Lochbuie Payment Approval Report - Board Page: 1
Report dates: 7/15/2020-7/28/2020 Jul 28, 2020 03:08PM
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid
Invoice Amount
A.J. SHIRK ROOFING COMPANY, LLC
A.J. SHIRK ROOFING COMPANY CRT 20-034-A Roof Repairs-Town Hall 05/05/2020 8,512.86 .00
A.J. SHIRK ROOFING COMPANY CRT 20-034-A Roof Repairs-Town Hall - Water Portion 05/05/2020 8,512.85 .00
A.J. SHIRK ROOFING COMPANY CRT 20-034-A Roof Repairs-Town Hall-WW Portion 05/05/2020 8,512.85 .00
A.J. SHIRK ROOFING COMPANY CRT 20-034B Roof Repairs-PW Building 05/05/2020 7,652.87 .00
A.J. SHIRK ROOFING COMPANY CRT 20-034D Roof Repairs-Lockwood Park Restrooms 05/05/2020 830.76 .00
A.J. SHIRK ROOFING COMPANY CRT 20-034E Roof Repairs-Sign Shed 05/05/2020 789.15 .00
A.J. SHIRK ROOFING COMPANY CRT 20-034F Roof Repairs-WW Modular 05/05/2020 305.84 .00
A.J. SHIRK ROOFING COMPANY CRT 20-034G Roof Repairs-Well House #1 05/05/2020 1,168.74 .00
A.J. SHIRK ROOFING COMPANY CRT-20-034C Roof Repairs-Well House #6 05/05/2020 1,621.43 .00
Total A.J. SHIRK ROOFING COMPANY, LLC: 37,907.35 .00
ADAMSON POLICE PRODUCTS
ADAMSON POLICE PRODUCTS INV3305410 Uniform - PD Vasquez 07/10/2020 71.81 .00
ADAMSON POLICE PRODUCTS INV330583 Uniform - PD Vasquez 07/13/2020 483.70 .00
Total ADAMSON POLICE PRODUCTS: 555.51 .00
Advanced Urgent Care and OCC Med
Advanced Urgent Care and OCC 58305 DOT Physical - Johns 07/24/2020 85.00 .00
Total Advanced Urgent Care and OCC Med: 85.00 .00
B.H ENTERPRISES INC
B.H ENTERPRISES INC 3968 WW Chemicals 07/27/2020 4,521.00 .00
Total B.H ENTERPRISES INC: 4,521.00 .00
BARR LAKE & MILTON RESERVOIR
BARR LAKE & MILTON RESERV 042920 2020-2021 Dues 04/29/2020 250.00 .00
BARR LAKE & MILTON RESERV 042920 2020-2021 Dues 04/29/2020 250.00 .00
Total BARR LAKE & MILTON RESERVOIR : 500.00 .00
BEAR'S TOWING
BEAR'S TOWING T-03898 #PD- Towing Unit 9 - Flat tire 07/25/2020 132.00 .00
Total BEAR'S TOWING: 132.00 .00
BISHOP-BROGDEN ASSOCIATES, INC
BISHOP-BROGDEN ASSOCIATE 46628 7/20-General Water Eng. 07/15/2020 5,267.75 .00
BISHOP-BROGDEN ASSOCIATE 46629 7/20-Reimbursable - Fulton Charge -UWSD 07/15/2020 2,909.25 .00
BISHOP-BROGDEN ASSOCIATE 46630 7/20-Reimbursable - Snow Property 07/15/2020 164.25 .00
BISHOP-BROGDEN ASSOCIATE 46700 7/20-LIRF Case 07/15/2020 164.25 .00
BISHOP-BROGDEN ASSOCIATE 46701 7/20 - Beebe Draw 07/15/2020 6,567.75 .00
Total BISHOP-BROGDEN ASSOCIATES, INC: 15,073.25 .00
CENTURY LINK
CENTURY LINK 2474 071320 7/20-303-637-2474-Water Plant 07/13/2020 149.57 .00
Town of Lochbuie Payment Approval Report - Board Page: 2
Report dates: 7/15/2020-7/28/2020 Jul 28, 2020 03:08PM
Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid
Invoice Amount
Total CENTURY LINK: 149.57 .00
CINTAS
CINTAS 5018864945 WW Medical Cabinet 06/29/2020 17.13 .00
Total CINTAS: 17.13 .00
CITY OF BRIGHTON STREET/FLEET
CITY OF BRIGHTON STREET/F SYS22780 Unit LP2 - PD - Ford Interceptor SUV 05/21/2020 1,395.97 .00
CITY OF BRIGHTON STREET/F SYS22797 Water Truck - R&M 05/20/2020 3,476.12 .00
CITY OF BRIGHTON STREET/F SYS22823 Unit LP5 - PD - Tahoe 06/01/2020 867.05 .00
CITY OF BRIGHTON STREET/F SYS22829 Unit L12-John Deere 06/05/2020 328.35 .00
CITY OF BRIGHTON STREET/F SYS22833 Unit 1050-PD-Ford Interceptor 05/21/2020 101.70 .00
CITY OF BRIGHTON STREET/F SYS22867 Unit LP4-PD Impala 06/09/2020 137.50 .00
Total CITY OF BRIGHTON STREET/FLEET: 6,306.69 .00
COBRAHELP
COBRAHELP 212478 6/20 Cobra Consultant 07/16/2020 28.00 .00
Total COBRAHELP: 28.00 .00
COLORADO ANALYTICAL LAB
COLORADO ANALYTICAL LAB 200709107 Water Lab Fees 07/20/2020 301.50 .00
COLORADO ANALYTICAL LAB 200709109 Water Lab Fees 07/20/2020 153.90 .00
COLORADO ANALYTICAL LAB 200709110 Water Lab Fees 07/16/2020 500.00 .00
COLORADO ANALYTICAL LAB 200715149 WWTP - Lab Fees 07/23/2020 437.40 .00
COLORADO ANALYTICAL LAB 200715151 WWTP - Lab Fees 07/17/2020 23.40 .00
COLORADO ANALYTICAL LAB 200715153 WWTP - Lab Fees 07/24/2020 201.60 .00
COLORADO ANALYTICAL LAB 200717057 Water Lab Fees 07/20/2020 19.70 .00
COLORADO ANALYTICAL LAB 200722101 WWTP - Lab Fees 07/24/2020 23.40 .00
COLORADO ANALYTICAL LAB 220722118 Water Lab Fees 07/24/2020 78.80 .00
Total COLORADO ANALYTICAL LAB: 1,739.70 .00
COLORADO DEPARTMENT OF P.H.&S
COLORADO DEPARTMENT OF P WU211109521 Annual Billing - 07/1/20-6/30/21 Permit CO0047 07/15/2020 7,430.00 .00
Total COLORADO DEPARTMENT OF P.H.&S: 7,430.00 .00
COLORADO DOORWAYS INC
COLORADO DOORWAYS INC 920070 ACCESS CONTROL LABOR 07/22/2020 584.00 .00
Total COLORADO DOORWAYS INC: 584.00 .00
Comcast
Comcast 8526 071620 8/20-Internet 07/16/2020 104.87 .00
Comcast 8526 071620 8/20-Internet 07/16/2020 104.87 .00
Comcast 8526 071620 8/20-Internet 07/16/2020 104.86 .00
Total Comcast: 314.60 .00
COREN PRINTING , INC
COREN PRINTING , INC 28980 PD Business Cards-Johns 07/14/2020 56.25 .00
Town of Lochbuie Payment Approval Report - Board Page: 3
Report dates: 7/15/2020-7/28/2020 Jul 28, 2020 03:08PM
Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid
Invoice Amount
Total COREN PRINTING , INC: 56.25 .00
DPC INDUSTRIES INC
DPC INDUSTRIES INC 737002254.20 Water Chemicals 06/16/2020 1,984.50 .00
DPC INDUSTRIES INC 737002333-20 Water Chemicals 06/16/2020 1,635.90 .00
DPC INDUSTRIES INC 737002489-20 Water Chemicals 06/30/2020 2,646.00 .00
DPC INDUSTRIES INC 737002519-20 Water Chemicals 06/26/2020 559.77 .00
DPC INDUSTRIES INC 737002677-20 WW Chemicals 07/01/2020 8,981.09 .00
Total DPC INDUSTRIES INC: 15,807.26 .00
EMPLOYERS COUNCIL SERVICES,INC
EMPLOYERS COUNCIL SERVIC 0000346689 Coaching - L. Blackston 05/28/2020 166.66 .00
EMPLOYERS COUNCIL SERVIC 0000346689 Coaching - L. Blackston 05/28/2020 166.67 .00
EMPLOYERS COUNCIL SERVIC 0000346689 Coaching - L. Blackston 05/28/2020 166.67 .00
Total EMPLOYERS COUNCIL SERVICES,INC: 500.00 .00
FARMERS RESERVOIR & IRRIGATION
FARMERS RESERVOIR & IRRIG 2022814-IN Water Delivery 07/23/2020 3,099.20 .00
FARMERS RESERVOIR & IRRIG 2022823-IN CR2 20" Waterline - Engineering 07/23/2020 183.15 .00
Total FARMERS RESERVOIR & IRRIGATION: 3,282.35 .00
HOME DEPOT CREDIT SERVICES
HOME DEPOT CREDIT SERVIC 2465071320 Supplies - WW 07/13/2020 372.59 .00
HOME DEPOT CREDIT SERVIC 2465071320 Supplies - Parks 07/13/2020 33.81 .00
Total HOME DEPOT CREDIT SERVICES: 406.40 .00
JVA INC
JVA INC 85578 6/20-CR 2 Round-a-Bout 06/30/2020 1,101.00 .00
Total JVA INC: 1,101.00 .00
KAISER PERMANENTE
KAISER PERMANENTE 0024180485 8/20-Health Insurance 07/10/2020 223.23 .00
KAISER PERMANENTE 0024180485 8/20-Health Insurance 07/10/2020 5,948.90 .00
KAISER PERMANENTE 0024180485 8/20-Health Insurance 07/10/2020 381.85 .00
KAISER PERMANENTE 0024180485 8/20-Health Insurance 07/10/2020 696.06 .00
KAISER PERMANENTE 0024180485 8/20-Health Insurance 07/10/2020 380.70 .00
KAISER PERMANENTE 0024180485 8/20-Health Insurance 07/10/2020 696.73 .00
KAISER PERMANENTE 0024180485 8/20-Health Insurance 07/10/2020 380.70 .00
Total KAISER PERMANENTE: 8,708.17 .00
KONICA MINOLTA BUSINESS SOLUTIONS
KONICA MINOLTA BUSINESS S 267297674 7/20-Copier Lease - PD 07/18/2020 240.70 .00
Total KONICA MINOLTA BUSINESS SOLUTIONS: 240.70 .00
KONICA MINOLTA PREMIER FINANCE
KONICA MINOLTA PREMIER FIN 418901559 8/20-Copier Lease-Town Hall 07/08/2020 43.97 .00
KONICA MINOLTA PREMIER FIN 418901559 8/20-Copier Lease-Town Hall - Water 07/08/2020 43.96 .00
KONICA MINOLTA PREMIER FIN 418901559 8/20-Copier Lease-Town Hall-WW 07/08/2020 43.96 .00
Town of Lochbuie Payment Approval Report - Board Page: 4
Report dates: 7/15/2020-7/28/2020 Jul 28, 2020 03:08PM
Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid
Invoice Amount
Total KONICA MINOLTA PREMIER FINANCE: 131.89 .00
LONG BUILDING TECHNOLOGIES INC
LONG BUILDING TECHNOLOGI SCPAY0048863 7/20 Heating/Air Billing 07/10/2020 96.66 .00
LONG BUILDING TECHNOLOGI SCPAY0048863 7/20 Heating/Air Billing 07/10/2020 96.67 .00
LONG BUILDING TECHNOLOGI SCPAY0048863 7/20 Heating / Air Billing 07/10/2020 96.67 .00
Total LONG BUILDING TECHNOLOGIES INC: 290.00 .00
LYONS GADDIS
LYONS GADDIS 8000.0000 0630 6/20-Reimbursable-Bush Blue Lakes 06/30/2020 1,038.50 .00
LYONS GADDIS 8000.0000 0630 6/20-Reimburseable - UWSD - Litigation Deposi 06/30/2020 11,077.50 .00
LYONS GADDIS 8000.0000 0630 6/20-Water Legal 06/30/2020 3,001.68 .00
Total LYONS GADDIS: 15,117.68 .00
MCDONALD FARMS ENTERPRISES, IN
MCDONALD FARMS ENTERPRI 170806-1067 Grease Hauling 07/08/2020 3,750.00 .00
Total MCDONALD FARMS ENTERPRISES, IN: 3,750.00 .00
MEDICAL AIR SERVICES ASSOCIATION
MEDICAL AIR SERVICES ASSO 803524-B2BLO 7/20-Medical Transport Insurance 07/14/2020 14.01 .00
MEDICAL AIR SERVICES ASSO 803524-B2BLO 7/20-Medical Transport Insurance 07/14/2020 112.00 .00
MEDICAL AIR SERVICES ASSO 803524-B2BLO 7/20-Medical Transport Insurance 07/14/2020 14.03 .00
MEDICAL AIR SERVICES ASSO 803524-B2BLO 7/20-Medical Transport Insurance 07/14/2020 20.99 .00
MEDICAL AIR SERVICES ASSO 803524-B2BLO 7/20-Medical Transport Insurance 07/14/2020 13.99 .00
MEDICAL AIR SERVICES ASSO 803524-B2BLO 7/20-Medical Transport Insurance 07/14/2020 20.99 .00
MEDICAL AIR SERVICES ASSO 803524-B2BLO 7/20-Medical Transport Insurance 07/14/2020 13.99 .00
Total MEDICAL AIR SERVICES ASSOCIATION: 210.00 .00
MOUNTAIN STATES PIPE & SUPPLY
MOUNTAIN STATES PIPE & SUP NV15830 Water Meter - Blue Lakes Park 07/22/2020 1,708.01 .00
Total MOUNTAIN STATES PIPE & SUPPLY: 1,708.01 .00
MUTUAL OF OMAHA
MUTUAL OF OMAHA 001105992494 8/20-Life / Disability Insurance 08/01/2020 86.32 .00
MUTUAL OF OMAHA 001105992494 8/20-Life / Disability Insurance 08/01/2020 405.64 .00
MUTUAL OF OMAHA 001105992494 8/20-Life / Disability Insurance 08/01/2020 54.91 .00
MUTUAL OF OMAHA 001105992494 8/20-Life / Disability Insurance 08/01/2020 116.24 .00
MUTUAL OF OMAHA 001105992494 8/20-Life / Disability Insurance 08/01/2020 54.75 .00
MUTUAL OF OMAHA 001105992494 8/20-Life / Disability Insurance 08/01/2020 116.28 .00
MUTUAL OF OMAHA 001105992494 8/20-Life / Disability Insurance 08/01/2020 54.75 .00
Total MUTUAL OF OMAHA: 888.89 .00
NIC'S TREE & SHRUBBERY SERVICE
NIC'S TREE & SHRUBBERY SER 060820 1 STUMP GRINDING 06/08/2020 1,100.00 .00
NIC'S TREE & SHRUBBERY SER 071520 STUMP GRINDING 07/15/2020 150.00 .00
NIC'S TREE & SHRUBBERY SER 62620 Remove trees/Trim 06/26/2020 1,600.00 .00
Total NIC'S TREE & SHRUBBERY SERVICE: 2,850.00 .00
Town of Lochbuie Payment Approval Report - Board Page: 5
Report dates: 7/15/2020-7/28/2020 Jul 28, 2020 03:08PM
Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid
Invoice Amount
RAMEY ENVIRONMENTAL COMPLIANCE
RAMEY ENVIRONMENTAL COM 20801 WW R&M 07/06/2020 3,039.55 .00
RAMEY ENVIRONMENTAL COM 20846 R&M RO Pump #4 07/15/2020 3,391.07 .00
RAMEY ENVIRONMENTAL COM 20900 7/20-Water / Wastewater Services 07/24/2020 11,325.31 .00
RAMEY ENVIRONMENTAL COM 20900 7/20-Water / Wastewater Services 07/24/2020 11,325.31 .00
Total RAMEY ENVIRONMENTAL COMPLIANCE: 29,081.24 .00
SAILSBERY SUPPLY CO INC
SAILSBERY SUPPLY CO INC 232721 WW R&M 07/14/2020 618.68 .00
SAILSBERY SUPPLY CO INC 233020 WW R&M 07/14/2020 95.87 .00
SAILSBERY SUPPLY CO INC 233027 WW R&M 07/14/2020 309.34 .00
Total SAILSBERY SUPPLY CO INC: 1,023.89 .00
THE STANDARD LIFE INSURANCE COMPANY
THE STANDARD LIFE INSURAN 7569690801 8/20-Vision Insurance 07/15/2020 13.63 .00
THE STANDARD LIFE INSURAN 7569690801 8/20-Vision Insurance 07/15/2020 138.56 .00
THE STANDARD LIFE INSURAN 7569690801 8/20-Vision Insurance 07/15/2020 16.57 .00
THE STANDARD LIFE INSURAN 7569690801 8/20-Vision Insurance 07/15/2020 28.86 .00
THE STANDARD LIFE INSURAN 7569690801 8/20-Vision Insurance 07/15/2020 16.52 .00
THE STANDARD LIFE INSURAN 7569690801 8/20-Vision Insurance 07/15/2020 28.87 .00
THE STANDARD LIFE INSURAN 7569690801 8/20-Vision Insurance 07/15/2020 16.52 .00
Total THE STANDARD LIFE INSURANCE COMPANY: 259.53 .00
TOWN OF CASTLE ROCK
TOWN OF CASTLE ROCK TOL2020-1029 RAW WATER SERVICE AND DELIVERY 07/13/2020 1,652.15 .00
Total TOWN OF CASTLE ROCK: 1,652.15 .00
UNITED POWER
UNITED POWER 1494104070120 6/20-1494105-PW 07/01/2020 198.13 .00
UNITED POWER 1494104070120 6/20-1494201-Water Treatment Plant 07/01/2020 11,261.54 .00
UNITED POWER 1494104070120 6/20-1499202-CIty Water Well 07/01/2020 2,304.03 .00
UNITED POWER 1494104070120 6/20-1617801-214 Poplar Lift 07/01/2020 38.69 .00
UNITED POWER 1494104070120 6/20-7988801-198 Bonanza Blvd 07/01/2020 21.00 .00
UNITED POWER 1494104070120 6/20-8210001-767 Prairie Ave Irr. Sprinkler 07/01/2020 20.00 .00
UNITED POWER 1494104070120 6/20-9093300-1794 CR 39-WWTP 07/01/2020 10,478.79 .00
UNITED POWER 1494104070120 6/20-9106602-1 Wagon Trail Irr Sprinkler 07/01/2020 21.49 .00
UNITED POWER 1494104070120 12644301-1531 CR 2 Booster Pump 07/01/2020 20.00 .00
UNITED POWER 1494104070120 6/20-14673300-Greenbelt Park Sprinkler 07/01/2020 21.05 .00
UNITED POWER 1494104070120 6/20-15304700-181 Bonanza Pump Stn 07/01/2020 886.16 .00
UNITED POWER 1494104070120 6/20-1649000-210 Park Blvd Warning Siren 07/01/2020 32.00 .00
UNITED POWER 1494104070120 6/20-18613000-Town Hall 07/01/2020 266.66 .00
UNITED POWER 1494104070120 6/20-18613000-Town Hall 07/01/2020 266.66 .00
UNITED POWER 1494104070120 6/20-18613000-Town Hall 07/01/2020 266.66 .00
UNITED POWER 1494104070120 6/20-18613000-Town Hall 07/01/2020 266.67 .00
UNITED POWER 1494104070120 6/20-19545200-16695 CR Booster Stn 07/01/2020 768.44 .00
UNITED POWER 1499601071320 6/20-1499601-Rd 37& Locust 07/13/2020 51.25 .00
Total UNITED POWER: 27,189.22 .00
USA BLUE BOOK
USA BLUE BOOK 282820 WW Supplies 07/01/2020 266.32 .00
USA BLUE BOOK 284602 Water Supplies 07/02/2020 471.96 .00
Town of Lochbuie Payment Approval Report - Board Page: 6
Report dates: 7/15/2020-7/28/2020 Jul 28, 2020 03:08PM
Vendor Name Invoice Number Description Invoice Date Net Amount Paid Date Paid
Invoice Amount
Total USA BLUE BOOK: 738.28 .00
VERIS ENVIRONMENTAL LLC
VERIS ENVIRONMENTAL LLC J0010752 7/14/20-Sludge Hauling 07/14/2020 4,115.02 .00
VERIS ENVIRONMENTAL LLC J010785 7/21/20-Sludge Hauling 07/21/2020 2,909.90 .00
VERIS ENVIRONMENTAL LLC J010813 7/28/20-Sludge Hauling 07/28/2020 3,124.66 .00
Total VERIS ENVIRONMENTAL LLC: 10,149.58 .00
WORTH HYDROCHEM
WORTH HYDROCHEM 8926IN Water Chemicals 07/10/2020 940.75 .00
Total WORTH HYDROCHEM: 940.75 .00
Grand Totals: 201,427.04 .00
Dated: __________________________________________
Mayor: __________________________________________
Town Trustees: __________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
Town Clerk: __________________________________________
Town Treasurer: __________________________________________
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
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703 Weld County Road 37
JOINT WATER/WASTEWATER AUTHORITY AND BOARD OF TRUSTEES REGULAR MEETING
Meeting was conducted as a virtual meeting via Zoom
July 21, 2020 Minutes
CALL TO ORDER Mayor Lofgren called the meeting to order at 6:30 p.m. ROLL CALL Present: Mayor Jacob Lofgren Trustee Grant Doherty
Trustee Jamie Jeffery Trustee Mike Morris
Trustee Larry Strock Trustee May Wescott Absent: Mayor Pro-Tem Ott APPROVAL OF AGENDA Motion was made by Trustee Jeffery, seconded by Trustee Morris, to approve the agenda with removing Action Item (A) which will be delayed until the August 4, 2020 meeting and adding Discussion Item (C) Future remote meetings discussion. Motion carried 6-0. AUDIENCE BUSINESS Town Clerk Blackston stated there were no public comments received vie email prior to the meeting. CONSENT AGENDA
A. July 21, 2020 Payment Approval Report ($227,416.09) B. July 7, 2020 Minutes
Motion was made by Trustee Doherty, seconded by Trustee Jeffery, to approve the Consent Agenda as presented. Motion carried 6-0.
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FINANCIAL UPDATE
A. June 2020 Financial Report Finance Director Rademacher presented the June 2020 Financial Report. She reported the CSIP and CSAFE accounts were established and funds have been transferred to those accounts. Finance Director Rademacher discussed bonds, cost saving measures and the Weld County CDBG program, and the Coronavirus Relief Fund (CVRF). The Board and staff discussed the bonds and the CVRF funds. ACTION ITEMS
A. Short-term Lease Agreement with Castle Rock-Bell Mountain Well Water Delayed until the August 4, 2020 meeting.
B. Resolution No. 2020-10 A resolution of the Board of Trustees of the Town of Lochbuie, Colorado, Designating the Town Administrator with the Assistance of the Finance Director to Prepare the 2021 Municipal Budget.
Town Administrator Stamey noted Resolution 2020-10 is to designate himself with the assistance of the Finance Director to prepare the 2021 Municipal Budget. Motion was made by Trustee Jeffery, seconded by Trustee Doherty, to Resolution No. 2020-10 A Resolution of the Board of Trustees of the Town of Lochbuie, Colorado, Designating the Town Administrator with the Assistance of the Finance Director to Prepare the 2021 Municipal Budget. Motion carried 6-0.
C. Ordinance No. 2020-659 An Ordinance of the Board of Trustees of the Town of Lochbuie, Colorado, Extending an Existing Moratorium on the Acceptance or Processing of Any form of Application or Approval, Including Building Permits, Which Would Authorize An “Indoor Storage”, “Outdoor Storage/Screened”, “Outdoor Storage./Unscreened”, “Personal Storage Units (Mini-Storage)” and/or “Supply Yards” Use, and Declaring an Emergency.
Town Attorney Juran provided information on Ordinance No. 2020-659 noting the moratorium currently in place for storage facilities is set to expire tonight at midnight. Due to the Town has not completed the regulations regarding storage facilities, Town attorney Juran requested this ordinance be adopted to extend the moratorium. Motion was made by Trustee Strock, seconded by Trustee Morris, to approve Ordinance No. 2020-659 An Ordinance of the Board of Trustees of the Town of Lochbuie, Colorado, Extending an Existing Moratorium on the Acceptance or Processing of Any form of Application or Approval, Including Building Permits, Which Would Authorize An “Indoor Storage”, “Outdoor Storage/Screened”, “Outdoor Storage./Unscreened”, “Personal Storage Units (Mini-Storage)” and/or “Supply Yards” Use, and Declaring an Emergency. Motion carried 6-0.
D. Janitorial Contract Public Works Operations Manager noted the Town posted an RFP for Janitorial Services was put out. The Town received one bid from Jani King. The Board and staff discussed the contract.
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Motion was made by Trustee Jeffery, seconded by Trustee Doherty, to approve the Janitorial Services Contract with Jani King. Motion carried 6-0.
E. WCR 2 and I-76 Frontage Road Roundabout Project Report
Town Administrator Stamey gave an update on the WCR 2 and I-76 Frontage Road Roundabout Project. He noted the project currently has exceeded the budget by approximately $115,000.00. Town Administrator Stamey noted the extra costs are due to issues with the subsurface wet and soft spots, the inaccurate length of the conduit, and additional traffic control costs. The project is currently on schedule for a September 4, 2020 completion date. Public Works Operations Manager Johns provided additional information on the project.
F. Review of Roundabout Sign Public Works Operations Manager Johns discussed the roundabout signs and requested direction from the Board on which sign to move select. The Board and staff discussed the sign. The Board consensus was to have the sign company put together one more option to include “Welcome To” over Lochbuie and removing “Town” with the larger font. Public Works Operations Manager Johns will forward the design to the Board when he receives it. DISCUSSION ITEMS
A. Town Hall Facility Discussion Regarding a 4-10 Schedule
Town Administrator Stamey discussed a proposal to move certain Town operations to a 4-10 work week schedule. The schedule would be Monday thru Thursday 7:00 a.m. to 6:00 p.m. Court will remain on Fridays (which occurs one Friday each month). The Board and staff discussed the proposed schedule. The consensus of the Board was to put this on the August 4, 2020 board meeting as an action item.
B. Gas Station Setbacks Trustee Strock discussed setbacks for gas stations due to lighting, traffic, and noise impacts to residential areas. He noted his preference is a 300 to 500-foot setback. The Board and staff discussed the setback. The Board consensus was to have Town Attorney Juran research setbacks for gas stations.
C. Remote Meetings for Future Board Meetings Mayor Lofgren discussed Board meeting formats. He requested direction from the Board on conducting board meetings as remote meetings, in-person meetings or hybrid meetings. The Board consensus was to have remote meetings through November 2020. STAFF COMMENTS
A. Police
Chief McCoy presented his report. He briefly discussed the executive order regarding masks and about use of force. Chief McCoy discussed police vehicle needs. He sated he is looking into lease/purchase of a Tesla’s. The Board consensus was to continue to research the Tesla lease/purchase option for police vehicle needs.
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B. Water/Wastewater
Wayne Ramey of Ramey Environmental presented his report. The Board and staff discussed his report.
C. Public Works Report Public Works Operations Manager Johns presented his report. Town Administrator Stamey noted the Town is looking at the option of extending the mill/overlay of CR 37 to include an area further south of CR 4.
D. Town Administrator Town Administrator Stamey presented his report. He noted the first budget meeting will August 18, 2020 rather than August 11, 2020 as previously discussed. Trustee Jeffery asked for an update on the Library. Mayor Lofgren noted the Library is on hold at this time. Trustee Strock discussed Toll credits. MAYOR AND TRUSTEE COMMENTS Trustee Strock talked about a Farmers Market. Trustee Morris discussed the upcoming CML Virtual Conference. Trustee Wescott discussed CARES funds in regard to grants to businesses. Trustee Doherty stated this meeting is his last meeting because he is moving out of Lochbuie. He thanked the staff members for their hard work during his tenure and he thanked the Board members for their hard work and commitment to the community. Mayor Lofgren thanked Trustee Doherty for his contributions to the Town during his tenure. Mayor Lofgren stated with the vacancy of Trustee Doherty’s seat, the Town will need to make an appointment for the vacancy. The Board discussed advertising for the vacancy. The Board consensus was to advertise the open seat until July 28, 2020. The Board will consider an appointment at the August 4, 2020 meeting. ADJOURN Motion was made by Trustee Doherty, seconded by Trustee Jeffery, to adjourn. All in favor. Mayor Lofgren adjourned the meeting at 8:32 p.m. Linda Blackston, MMC Jacob Lofgren Town Clerk Mayor
Agenda Item Summary MEETING DATE: August 4, 2020
SUBJECT: 7-Eleven New Fermented Malt Beverage (FMB) Liquor License
PRESENTED BY: Linda Blackston, Town Clerk
SUMMARY
The JAM, Inc. and 7-Eleven application for a new Fermented Malt Beverage (FMB) Off Premises Liquor License was received on June 1, 2020. Upon receipt, this application was also sent on to the State for concurrent review.
All applicable paperwork, fees and documentation for this application have been submitted for review and appear to be in proper order.
The Notice of Public Hearing on this matter was published in the Brighton Blade on July 15, 2020 and by a 7-Eleven Representative on July 21, 2020
The Town Clerk and the Town Attorney find there are currently no issues or concerns with this application and that the Certificate of Occupancy will need to be issued prior to the release of an approved license.
ATTACHMENTS
• JAM, Inc. and 7-Eleven application for a new Fermented Malt Beverage (FMB) Off Premise Liquor License
• Affidavit of Publication
• Affidavit of Posting
• Preliminary Findings
• Petition
• Business License Application
TOWN OF CASTLE ROCK/TOWN OF LOCHBUIE WATER LEASE AGREEMENT
THIS WATER LEASE AGREEMENT (“Agreement”) is entered into __________, 2020
by and between the Town of Castle Rock, a home rule municipal corporation, acting by and through the Town the Castle Rock Water Enterprise (“Castle Rock”), as Lessor, whose address is 100 N. Wilcox Street, Castle Rock, Colorado 80104 and the Town of Lochbuie, a home rule municipal corporation (“Lochbuie”), as Lessee, whose address is: 703 Weld County Road 37, Lochbuie, Colorado 80603, collectively referred to as the Parties.
RECITALS
WHEREAS, Castle Rock owns certain water in the Chatfield Basin that is reusable and fully consumable after its first use for municipal purposes by Castle Rock. From time to time, a certain amount of this water is surplus to the needs and obligations of Castle Rock (“Surplus Water”);
WHEREAS, Castle Rock anticipates it will have Surplus Water available from time to time in 2020 at Chatfield Reservoir or at the Plum Creek Water Reclamation Authority (PCWRA) outfall; and
WHEREAS, Lochbuie desires to lease, use and successively reuse to extinction a certain portion of the Surplus Water from Castle Rock in accordance with the terms and conditions of this Agreement.
WHEREAS, Lochbuie owns certain Denver Basin non-tributary groundwater rights in the Dawson, Denver and Arapahoe Aquifers (“Bell Mountain Ground Water”) accessible by the Bell Mountain Wells (Well Permit Nos. 57960-F, 62882-F, and 57962-F) and delivered to East Plum Creek via existing pipeline infrastructure. The decreed quantity of the Bell Mountain Ground Water owned by Lochbuie is as follows:
Dawson Aquifer 200 acre-feet/year
Denver Aquifer 145 acre-feet/year
Arapahoe Aquifer 425.0 acre-feet/year
WHEREAS, Lochbuie anticipates it will have some amount of Bell Mountain Ground Water in excess of the needs of Lochbuie available from time to time in 2020; and
WHEREAS, Castle Rock may, from time to time, desire to lease, use and successively reuse to extinction, a certain portion of the Bell Mountain Ground Water, not to exceed 535 acre-feet, from Lochbuie in accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Castle Rock and Lochbuie agree as follows:
1. If Castle Rock elects to withdraw the Bell Mountain Ground Water, it will provide a minimum of 48 hours’ notice to Lochbuie and indicate which Bell Mountain Well(s) will be utilized, the anticipated length of time for that the pumping, the rate of pumping, and volume pumping from each well. Castle Rock’s pumping of the Bell Mountain Ground Water shall be in compliance with the applicable decrees and well permits. This Agreement does not obligate Castle Rock to withdraw any specific quantity of the excess Bell Mountain Ground Water, nor does it obligate Lochbuie to make any specific amount of that water available to Castle Rock if needed by Lochbuie. If Lochbuie needs to deliver Bell Mountain Ground Water for Lochbuie’s use, Lochbuie may also take delivery of water from and may, if needed, interrupt Castle Rock’s deliveries of Bell Mountain Ground Water. Lochbuie will provide Castle Rock with a minimum 48 hours notice if Lochbuie intends to deliver water for its own use, and if it needs to interrupt Castle Rock’s pumping to accommodate delivery of the Bell Mountain Ground Water for use by Lochbuie. Lochbuie shall provide the same level of detail in its notice to Castle Rock regarding the wells, pumping rate and volume needed from each well.
2. Castle Rock intends to divert the Bell Mountain Ground Water from East Plum
Creek at its CR-1 Diversion located near the Plum Creek Water Purification Facility (PCWPF) for treatment and delivery into its municipal distribution system. The Bell Mountain Ground Water is made available for withdrawal by Castle Rock “as is”, and Castle Rock acknowledges that such water is suitable for all purposes that Castle Rock shall make of that water. 3. Castle Rock shall record pumping rates and volumes of the Bell Mountain Ground Water on a daily basis for water accounting purposes and shall provide a weekly report to Lochbuie on the previous week pumped quantities. If Castle Rock is the only user of the Bell Mountain Wells during this period, Castle Rock shall pay the electrical costs associated with pumping. If other parties request the wells be pumped during this period (Roxborough or Lochbuie), the electrical costs shall be split on a pro-rata basis relative to the quantities of water pumped for each party.
4. In exchange for the Bell Mountain Ground Water that Castle Rock withdraws, Castle Rock shall make available to Lochbuie at Chatfield Reservoir a quantity of Surplus Water using the following formula:
a. Vcr – Vtl = Vloch
b. Where:
i. Vcr = Volume of Lochbuie’s water pumped at the Bell Mountain wells measured at the various Bell Mountain well flow meters.
ii. Vtl = Transit loss from the Bell Mountain outfall to the Titan Road stream gauge (distance is approximately 19.42 miles; transit loss of 0.5% per mile
according to Water Commissioner, thus a 9.71% loss. So, Vtl = Vcr x 0.0971).
iii. Vloch = Volume of water owed to Lochbuie that can be released from Castle Rock’s storage account in Chatfield.
c. Castle Rock would not assess Lochbuie evaporation losses at Chatfield on Vloch, however, the water would:
i. Need to be taken before November 1 of the calendar year in which Vcr was taken.
ii. Carryover storage in Castle Rock’s Chatfield account will not be allowed. iii. Lochbuie will notify Castle Rock on or before October 15 of the final rate
and volume of release of the Surplus Water from Chatfield Reservoir for use by Lochbuie.
iv. If Lochbuie is not able to physically take the water from the Chatfield storage prior to November 1, Castle Rock will pay Lochbuie $30 per acre-foot for the remaining amount of Vloch.
5. In addition to the exchange of water described in Section 4, and if Castle Rock
has Surplus Water available at the PCWRA outfall (“Surplus Effluent”), Lochbuie may request a quantity of Surplus Effluent to be delivered, and Castle Rock shall deliver this quantity of water at $300 per acre-foot, measured at the PCWRA outfall. This lease price is valid for 2020, and is subject thereafter to annual review by Castle Rock and can be changed by market price evaluations and/or cost of service adjustments.
6. Lochbuie intends to pick up the Surplus Water at United Diversion No. 3 on the
South Platte River. The rate of delivery of Surplus Water shall be mutually agreed upon by the Parties.
7. If Lochbuie requests delivery of Surplus Effluent, Castle Rock shall invoice
Lochbuie on a quarterly basis for Surplus Effluent taken by Lochbuie and Lochbuie shall make payment within 30 days of receipt. To the extent Lochbuie does not use all of the Surplus Water available at Chatfield Reservoir before November 1, and Castle Rock owes Lochbuie money for the unused Surplus Water, Castle Rock shall credit Lochbuie the amount of the funds owed on Castle Rock’s periodic invoice to Lochbuie against any amount then owed by Lochbuie for the operation and maintenance of the Bell Mountain Ground Water wells. If Castle Rock owes Lochbuie money during any quarter, it shall pay that amount to Lochbuie with the quarterly invoice.
8. Castle Rock shall confirm to Lochbuie that all Surplus Water is decreed to allow
Lochbuie to divert, store, inject, use, reuse, and successively reuse to extinction the Surplus Water, and shall confirm to Lochbuie’s satisfaction that all Surplus Water has been recognized and is administered by the Colorado State Engineer for all such uses.
9. Surplus Water shall be delivered “as is,” but shall be of a quality that meets all standards and effluent limitations specified in Colorado Discharge Permit System Permit No. CO-0038547, as amended, or in any other discharge permit issued by the Water Quality Control Division or by the U.S. EPA authorizing discharges from the Plum Creek Water Reclamation Authority facility; such quality to be measured at the authorized discharge point(s) specified in any such discharge permit. By entering into this Agreement and taking delivery of the Surplus Water, Lochbuie acknowledges that the Surplus Water is suitable for all purposes that Lochbuie shall make of the water, if the Surplus Water meets the requirements of this Section. Lochbuie and any entity providing water to Lochbuie shall be precluded from arguing or otherwise asserting that effluent discharged from the PCWRA and carried in East Plum Creek, Plum Creek and the South Platte River is not of suitable quality to meet the requirement of use to which water delivered to Lochbuie has normally been put. Lochbuie shall have no obligation to take delivery of or pay for any of the Surplus Water that does not satisfy the requirements of this Section.
10. The term of this Agreement shall commence on its execution and expire December
31, 2020. Provided however, by mutual written agreement of the Parties, this Agreement may be renewed on the same or on different terms.
11. Lochbuie’s financial obligations under this Agreement are limited to making the
payments as described in Sections 4 and 5, above, as applicable, for the Surplus Water it elects to take. Lochbuie’s sole source of compensation for the Bell Mountain Ground Water withdrawn by Castle Rock is the right to utilize Surplus Water pursuant to this Agreement.
12. All notices which may be required to be given by either Party to the other shall be
made in writing and either hand delivered or sent by first class United States mail, postage prepaid, addressed as follows, or by facsimile, or via electronic means:
If to Castle Rock: Town of Castle Rock
Attn: Town Attorney 100 N. Wilcox Street Castle Rock, CO 80104 with copy to: Town of Castle Rock Attn: Director of Castle Rock Water 175 Kellogg Court Castle Rock, CO 80109 If to Lochbuie: Town of Lochbuie
Attn: Town Administrator 703 Weld County Rd. 37 Lochbuie, CO 80603 Email: [email protected]
with copy to: Chris Sanchez BBA Water Consultants, Inc. 333 W. Hampden Ave., Suite 1050 Englewood, CO 80110 Email: [email protected]
13. This Agreement represents the entire Agreement between the Parties on the matters
set forth herein and supersedes all prior negotiations, representations or agreements respecting said matters whether written or oral.
14. The execution of the Agreement by Castle Rock as lessor and Lochbuie as lessee
constitutes the execution of a binding lease agreement by those Parties on the terms and conditions contained herein. ATTEST: TOWN OF CASTLE ROCK ______________________________ _________________________________ Lisa Anderson, Town Clerk Jason Gray, Mayor Approved as to form: Approved as to content: ______________________________ _________________________________ Robert J. Slentz, Town Attorney Mark Marlowe, Dir. of Castle Rock Water STATE OF COLORADO ) ) ss. COUNTY OF DOUGLAS ) The foregoing instrument as acknowledged before me this __ day of ______________, 2020 by Lisa Anderson as Town Clerk and Jason Gray as Mayor of the Town of Castle Rock, Colorado. Witness my official hand and seal. My commission expires: _____________________________ Notary Public
TOWN OF LOCHBUIE By: _______________________________ Jacob Lofgren, Mayor ATTEST: By: _______________________________ Linda Blackston, Town Clerk Approved as to form: _____________________________ Steven P. Jeffers, Special Water Counsel STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument as acknowledged before me this __ day of ______________, 2020 by Jacob Lofgren as Mayor and Linda Blackston as Town Clerk of the Town of Lochbuie, Colorado. Witness my official hand and seal. My commission expires: _____________________________ Notary Public
WATER RESOURCE CREDIT AGREEMENT FOR SILVER PEAKS EAST
This Water Resource Credit Agreement (“Agreement”) is entered into this day of ________, 2020, by and between the Town of Lochbuie, a municipal corporation of the County of Weld, State of Colorado acting by and through its Water Activity Enterprise (the “Town”), and LOB LLC, a Colorado Limited Liability Company (“Developer”) (collectively the “Parties”).
RECITALS A. The Town owns and operates a municipal water utility system comprised of water rights and water diversion, storage, treatment, and distribution facilities to supply municipal water service to the inhabitants of the Town. B. Certain real property owned by Developer described in attached EXHIBIT A (“the Property”) was annexed to the Town along with a larger parcel of land under the terms of that certain Annexation Agreement dated November 1, 2000, recorded in the real property records of Weld County, Colorado on November 7, 2000, at reception number 2805357 (“Annexation Agreement”). The water resources necessary to service the indoor and outdoor water use demands of the original Silver Peaks subdivision were dedicated by the lead Annexor of that property in exchange for 2,300 Water Resource Credit Certificates pursuant to the First Amended and Restated Water Resource Credit Agreement with the Town dated October 16, 2002 (“Silver Peaks WRCA”). However, none of those Water Resource Credit Certificates were allocated for use on the Property, and the Developer must provide other water resources to the Town. C. The Developer previously obtained approval from the Town for a revised plat for the Property, to create a total of 191 single-family residential lots (“Lots”), and other common areas or dedicated lands with a total of 1.98 acres of irrigated lawns and various trees inside and outside the lawn areas. The total combined area with irrigated lawns and irrigated trees outside of the Lots is referred to as the “landscaped areas”. The 191 Lots and landscaped areas described in the revised plat are referred to together as “the Proposed Development”. The parties entered into a Water Resource Credit Agreement dated October 16, 2018 (“Initial WRCA”) in which the Developer agreed to dedicate sufficient water resources and facilities to to satisfy the water demands for 222 S.F.E.s as described in the Annexation Agreement (SFEs). The Initial WRCA has expired. D. The Town approved amendment to part of the plat to allow development of only 154 Lots and the same or slightly different landscaped areas totaling 185 SFEs (“Revised Development”). The Town approved a new WRCA for the Revised Development with a Closing Date of March 13, 2020, but the Parties did not execute that WRCA. The Parties have agreed to a later Closing Date and now execute this WRCA for the Revised Development. The Parties agree that the total water requirement of the Revised Development is 111 acre-feet of annual water deliveries from the Town’s wells to the Revised Development and 46.25 acre-feet of consumptive use for
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replacement of well depletions in the Beebe Draw, as defined by the Annexation Agreement. That water requirement is equal to 185 SFEs, including 154 SFEs for the Lots, and 31 SFEs for the landscaped areas. Additional water resources will be dedicated to the Town pursuant to this Agreement to compensate for anticipated evaporation and transit losses, and inefficiencies in delivering that water from the historical place of use to the Town where it is needed in the Beebe Draw (“delivery losses”) in order to provide a firm yield to the Town. This Agreement defines the terms under which the Developer will satisfy the water needs for the Revised Development in exchange for issuance of Water Resource Credit Certificates. E The Developer owns 8 shares of stock in the Burlington Ditch Reservoir & Land Company, a Colorado mutual ditch company (“Burlington”) represented by Burlington Stock Certificate No. 4017 (previously No. 3981), together with 8 shares of stock in the Wellington Reservoir Company, a Colorado mutual ditch company (“Wellington”) represented by Wellington Stock Certificate No. 1525 (previously No. 1501), referred together as the “8 Paired Shares.” The Developer also owns 26.44 shares of stock in the Fulton Irrigating Ditch Company, a Colorado mutual ditch company (“Fulton Shares”) represented by Fulton Stock Certificate Nos. 4136, 4138, and 4135 (previously Nos. 4095, 4100, and 4102). The Fulton Shares and 8 Paired Shares are subject to an existing lien in the name of BRELF II, LLC, a Washington limited liability company (“BRELF”), which will be released in full at Closing. The Parties anticipate that the Fulton Shares together with 4 of the 8 Paired Shares (“Initial Paired Shares”) will be sufficient to deliver to the Beebe Draw, after deducting all transit losses and accounting for new storage provided by the Developers, replacement water in the amount needed for the Revised Development. The water from the remaining 4 of the 8 Paired Shares will be referred to as the “Additional Paired Shares”. F. The Developer desires to dedicate and convey to the Town the Fulton Shares and Initial Paired Shares (together referred to as the “Original Shares”) and all water rights and other rights appurtenant to the Original Shares (“Water Rights”), and pay at Closing all fees required by Sections 1, 4 and 7 of this Agreement, in satisfaction of the water resource dedication requirement for the Revised Development. Water from the Original Shares and the Additional Paired Shares may be in excess of the amount needed for the Revised Development (“Excess Water”). This Agreement defines how any Excess Water shall be treated. H. The Town owns certain rights to use United Diversion No. 3, the Beebe Pipeline, and carriage rights in the Farmers Reservoir and Irrigation Company (“FRICO”) delivery system to deliver water from the South Platte River to the Beebe Draw (“the Town’s Delivery System”). The Town is willing to make a portion of its existing excess capacity in the Town’s Delivery System available to accommodate the water delivery requirements of the Revised Development upon payment at Closing of appropriate fees to compensate the Town for those facilities. I. The Town does not currently have any rights to use headgates or other augmentation structures on the Fulton or Burlington/ Wellington systems and does not have permanent excess
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storage capacity in United Reservoir or other reservoirs to allow storage or delivery of water rights represented by the Original Shares for use when the water is needed. The Developer desires to help the Town acquire capacity in those systems or other systems as determined by the Town, by payment at Closing of cash in lieu of purchasing such capacity for the Town or building its own systems for dedication to the Town. J. The Developer desires to obtain from the Town at Closing Water Resource Credit Certificates sufficient to provide water service to the Revised Development, and to redeem those Certificates as described herein, in lieu of paying a Water Resource Fee at the time of issuance of each building permit as defined in the Annexation Agreement. Any person who redeems the Certificates shall still be required to pay the other water related fees described in Section 6 of this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth below, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Town agree as follows: 1. Exchange of Water Resources and Facilities for Water Resource Credit Certificate
1.1. Rights to be transferred to and payments to the Town. The Developer shall convey and
transfer the following water rights and property interests and make the following payments to the Town at Closing:
1.1.1. Water Rights to be transferred to the Town:
1.1.1.1. The Original Shares: The Original Shares shall be assigned to the Town free
of all assessments, liens, taxes, and other encumbrances, on the standard forms required by Burlington, Wellington and Fulton.
1.1.1.2. The Water Rights: The Water Rights shall be conveyed to the Town by General Warranty Deed free of all assessments, liens, taxes, and other encumbrances.
1.1.1.3. Dry-up Covenants: All existing dry-up covenants associated with the Subject Shares and Water Rights shall be assigned to the Town by Special Warranty Deed. If a particular dry-up covenant has not been expressly assigned to the Developer before Closing, assignment of that covenant to the Town may be in the nature of a quitclaim.
1.1.2. Raw Water Delivery Facilities Fees Defined. The Developer shall pay to the Town the following Raw Water Delivery Facilities Fees sufficient to allow the Town to obtain new capacity or allocate existing capacity in the water rights
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delivery facilities needed to deliver the Water Rights represented by the Original Shares from the historical ditches on the South Platte River to the Beebe Draw in the vicinity of the Town’s water supply wells and water treatment plant (“the point of delivery”):
1.1.2.1. “Augmentation Station Fee”. A fee to acquire perpetual rights or long-term leases in capacity in one or more augmentation stations or recharge structures on the Fulton Ditch, and the Little Burlington Ditch or Burlington Ditch sufficient to deliver the Water Rights from each of the ditches to the South Platte River or the Beebe Draw;
1.1.2.2. “Storage Fee”. A fee to acquire perpetual rights or long-term leases in storage capacity for 47 acre-feet per year in United Reservoir or other storage reservoirs acceptable to the Town, including rights to use necessary inlet and outlet facilities at a filling rate acceptable to the Town;
1.1.2.3. “Delivery System Fee”. A fee to reimburse the Town for use of its existing river diversion and delivery capacity sufficient to divert water from the Water Rights, less historical ditch losses, from the South Platte River and deliver it to the Beebe Draw. The Town currently owns the right to divert water from the South Platte River through United Diversion No 3, the Beebe Pipeline, and through the O’Brian Canal, Barr Lake and the Beebe Seep Canal (“FRICO system”) at a rate of 2.5 cfs, up to 750 acre-feet per year, a portion of which is excess to the Town’s current committed demand;
1.1.3. Amount and Payment of Raw Water Delivery Fees. The Developer shall pay to the Town the lump-sum amounts at Closing of $102,663 for the Augmentation Station Fee, $505,921 for the Storage Fee, and $400,758 for the Delivery System Fee described in Section 1.1.2. above. Those payments shall be in full satisfaction of the amount owed for Raw Water Delivery Fees on all Lots and landscaped areas within the Revised Development for delivery of the Water Rights, with the exception of the Augmentation Station Fee, for which the parties have not been able to determine the appropriate cost. The Developer shall pay after Closing any additional amount incurred by the Town in its acquisition of capacity in the augmentation stations or recharge structures in excess of $102,663, but not to exceed a total payment for the Augmentation Station Fee of $220,000. If the actual cost to the Town exceeds $102,663, the Developer shall pay such excess amount to the Town within thirty (30) days after being billed for that amount.
1.1.4. Interim Lease(s). In addition to the Raw Water Delivery Fees, the Town may
obtain one or more leases or other contracts acceptable to the Town, at the expense of the Developer, for short-term use of one or more augmentation stations or
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recharge structures on the Fulton Ditch, and an augmentation station or recharge structure on the Burlington system, for delivery of water from the Original Shares from the relevant ditch system back to the South Platte River or to the Beebe Draw (“Structure Lease(s)”), until the Town acquires permanent rights or long-term leases in each of those facilities. The Structure Lease(s) may be annual or longer, provided the Developer shall not be obligated to pay for the Structure Lease for more than three years after Closing. If before Closing, the Town is not able to lease the required augmentation stations or recharge structures, or the State Engineer has not approved the request to use the Original Shares in a substitute water supply plan (“SWSP”), and the Town is not able to deliver the water from the Original Shares for the Town’s use, the Town may lease up to 55 acre-feet of fully consumable water from another municipal water provider or other source acceptable to the Town for augmentation purposes (“Water Lease(s)”). The term of any Water Lease may extend up to three (3) years after the date of Closing, for use in an SWSP or for inclusion in the Towns existing augmentation plan in Case No. 10CW214. The Developer shall pay the actual cost of the Structure Lease(s) at Closing, if any. If the Town has not entered into any Structure Lease(s) before the Closing, the Developer shall pay the Town a deposit at the Closing of $120,000 (“Lease Deposit”) to be used to pay for the Structure Lease(s) and/or Water Lease(s), referred to together as the Leases(s). If the Town obtains the Lease(s) after Closing or renews the Lease(s) after Closing, the Developer shall be billed the actual cost of the Lease(s) against the Lease Deposit and shall pay the Town the billed amount within 30 days to the extent that it exceeds the amount available in the Lease Deposit. The Town shall attempt to limit the amount of water leased in any year to the amount reasonably necessary to replace the anticipated depletions from the Revised Development each year and applicable transit losses. Any lease of an augmentation station or recharge structure may be for the full amount of water from the Original Shares delivered through that ditch system. The Developer shall be billed the actual costs of any Water Lease(s) at the Closing or against the Lease Deposit after Closing, and shall pay the Town the billed amount within 30 days to the extent that it exceeds the amount available in the Lease Deposit.
2. Closing. The closing under this Agreement (the "Closing") shall take place within Twenty-Eight (28) days after the date the Developer notifies the Town in writing that it is prepared to deliver the deed for the Water Rights, and assignments of the Original Shares, the Title Opinion, and pay the Raw Water Delivery Facilities Fees (the “Closing Date”). If the Closing does not take place before October 30, 2020, this Agreement shall be canceled, and the Parties shall be deemed to be in the same position each would have been in had this Agreement not been executed.
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3. Conditions Precedent to the Obligation of the Town to Close. The obligation of the Town to close this transaction is subject to the fulfillment by the Developer of the following conditions, any one or more of which may be waived by the Town only in writing:
3.1 Share Trace and Ownership Opinions on Subject Shares: Twenty-Eight (28) days prior to Closing, the Developer shall deliver to the Town a complete stock trace from January 1, 1930, through the date which is 35 days prior to Closing, for all of the Subject Shares prepared by attorneys at the law firm of Porzak Browning & Bushong LLP (“Law Firm”), providing an opinion that the Developer owns marketable title in the Subject Shares as of the date of the stock trace, which will be transferred to the Town upon transfer of the Subject Shares to the Town after Closing. The Developer shall at the same time deliver to the Town an opinion letter prepared by the Law Firm, that based on review of the real property records of the county in which the water rights represented by the Subject Shares are located from January 1, 1930, through the date which is 35 days prior to Closing, the current and previous shareholders identified in the stock trace did not convey the shares by deed to any person outside of the chain of title shown by the stock trace on or after January 1, 1930, and identifying any current encumbrances on the Developer’s title to the Water Rights. Delivery of the stock trace and opinion letter shall include copies of all documents from the ditch companies and real property records, reasonably available as well as an affidavit from or letter signed by a representative of the Burlington, Wellington, and Fulton companies confirming the ownership of the Subject Shares through the date which is 35 days prior to Closing and generally describing the steps needed to transfer the Subject Shares from the Developer to the Town.
3.2 Share Certificates and Assignments: Twenty-Eight (28) days prior to Closing, the Developer shall deliver to the Town copies of all of the Subject Share certificates (front and back), all proposed assignments of the Original Shares from the Developer to the Town, a copy of the Release described in Section 4.3, copies of all signed dry-up covenants, and copies of draft assignments of all dry-up covenants from the Developer to the Town, and a copy of a draft notice to Burlington and Wellington notifying them that the Additional Paired Shares are subject to a lien on behalf of the Town pursuant to this Agreement.
4. Actions at the Closing. The following actions shall be taken at the Closing, each of which shall be conditioned on completion of all the others and all of which shall be deemed to have taken place simultaneously:
4.1 Assignment of Shares and Dry-up Covenants. The Developer shall deliver to the Town all original stock certificates for the Subject Shares, fully executed stock assignment forms sufficient to transfer all of the Original Shares to the Town free of all liens and encumbrances and to transfer the Additional Paired Shares to the Developer subject only to a lien for the Town pursuant to this Agreement, and fully executed assignments of all dry-up covenants for the Original Shares from the Developer to the Town.
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4.2 Warranty Deed for Water Rights. The Developer shall deliver to the Town a fully executed warranty deed, sufficient to convey the Water Rights free and clear of all assessments, liens, taxes, and other encumbrances, and such other interests as may adversely affect the title to use of the Water Rights in proper form for recording in the real estate records of the counties where the Water Rights are located.
4.3 Release of Liens. The Developer shall deliver to the Town a release of all liens on
the Fulton Shares and 8 Paired Shares, all water rights associated with those shares, and appurtenances (“Release”).
4.4 Payment of Raw Water Delivery Facilities Fees. The Developer shall pay in full
to the Town all Raw Water Delivery Facilities Fees. 4.5 Payment for Structure Lease(s) and Water Lease(s). The Developer shall pay in
full to the Town all payments then owed under Section 1.1.4 above for the Structure Leases(s) and Water Lease(s), including $120,000 to be held by the Town as the Lease Deposit.
4.6 Security Deposit. The Developer shall deliver to the Town as a security deposit
original stock certificates representing the Additional Paired Shares, and $90,000 as an additional “Water Right Deposit”, both to be held by the Town until the Water Court enters a final non-appealable decree confirming the Original Shares have an acceptable total firm yield as described in Section 6.7.
4.7 Adjudication Deposit. Payment of $200,000 deposit for adjudication expenses as
described in Section 7.4. 4.8 Water Resource Credit Certificates. The Town shall issue in the name of the
Developer at the Closing 185 Water Resource Credit Certificates as described in Section 6.2 in satisfaction of the water resource dedication requirement for 154 SFEs on 154 Lots, and 31 SFEs for irrigation of the landscaped areas, in the Revised Development, in the form appended as EXHIBIT B. Exercise of the Water Resource Credit Certificates shall be in accordance with all provisions contained in Section 6 of this Agreement. The certificates shall be issued in non-bearer format and shall be held by the Town until they are redeemed and cancelled. The ownership of the Certificates may be transferred only with prior notice to and approval by the Town, which approval shall not be unreasonably withheld, and notation of the change in ownership upon the books of the Town. This Town approval condition on transfer of ownership shall be noted on the face of each Water Resource Credit Certificate.
4.9 Delivery of Shares. Immediately after closing the Lyons Gaddis law firm shall
deliver to the respective ditch companies the original stock certificates, the Release, and assignments of the Original Shares to the Town, with required stock transfer fees and instructions sufficient to transfer ownership of the Original Shares to the Town and to issue to
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the Developer new stock certificates for the Additional Paired Shares by Burlington and Wellington noting the lien of the Town. The original certificates for all new shares of stock shall be delivered to the Town’s water attorneys at Lyons Gaddis.
4.10 Recording of Deeds. The Lyons Gaddis law firm shall record the assignments of
dry up covenants to the Town and the Deed for Water Rights to the Town in the counties where the Water Rights and dry up lands are located no later than 3 days after the Closing.
5. Commitment to Serve. Subject to performance by the Developer of all its covenants pursuant to this Agreement and satisfaction of all other conditions of this Agreement, the Town commits to provide water service to the Property and to issue water taps for the Revised Development. In order to obtain a water tap for each of the 154 single-family residential Lots and one or more taps for irrigation of the landscaped area within the Revised Development, the Developer or its assigns shall follow the procedures described in Section 6 below. The Parties recognize that the portion of the Revised Development located east of FRICO’s canal will be re-platted, and the final configuration of that development, including the number of residential lots and landscaped areas has not been finally determined at this time. 6. Exercise of Water Resource Credit Certificates. The Water Resource Credit Certificates may be redeemed at the time of issuance of building permit or issuance of tap as follows:
6.1 The Water Resource Credit Certificates may only be used by the Developer or its transferees or assigns for water service within the Property. The Certificates may not be transferred for use on any other property.
6.2 Subject to all the requirements of this Section 6 and its subsections, the Water Resource Credit Certificates may be redeemed by the Developer or its transferees or assigns as follows:
6.2.1 Series A Certificates: Certificate Numbers 1 to 154 redeemable
beginning six months after Closing for use for 154 residential Lots only; and 6.2.2 Series B Certificates: Certificate Numbers 155 to 185 redeemable
beginning six months after Closing for irrigation use on the landscaped areas.
Except as provided in 6.3 below, all certificates may be redeemed at any time after (1) the plat for the Revised Development has been approved by the Town and recorded, (2) the water court has entered a final non-appealable decree pursuant to Section 7.1 hereof, approving the change in use of the total firm yield of the Water Rights from the Original Shares for municipal use sufficient to replace all anticipated depletions from the Revised Development, after deducting delivery losses, as described in this Agreement, and (3) inclusion of the Water Rights in the plan
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for augmentation decreed in Case No. 10CW214 or 10CW216 (“Existing Plans”) as an additional source of water to replace depletion from use the Town’s existing municipal water supply wells in the Beebe Draw, or in a new plan for augmentation to serve the needs of the Revised Development and other areas within the current and future planning area of the Town.
6.3 Typically, the Town allows a developer to redeem only 80% of the Water
Resource Credit Certificates prior to entry of a final non-appealable decree confirming that the Water Resources dedicated to the Town are adequate to serve the full water delivery and consumptive use demands of the proposed development. The Developer has proposed to provide an alternative form of security for the Town against that risk so that all Water Resource Credit Certificates may be redeemed sooner. The alternative form of security is comprised of the security deposit of the Additional Paired Shares and the Water Rights Deposit to be provided to the Town at Closing as described in Section 4.6 above, plus the Lease Deposit of $120,000, which may be utilized by the Town to secure an interim water supply Lease for up to 3 years in accordance with Section 1.1.4. The Water Resource Credit Certificates shall not be redeemed until (1) the plat for the Revised Development has been approved by the Town and recorded, (2) the Developer pays to the Town the Lease Deposit of $120,000, which may be utilized by the Town to secure any Structure Lease(s) or Water Lease(s) in accordance with Section 1.1.4, and (3) the Developer pays to the Town the Water Right Deposit and delivers the stock certificates for the Additional Paired Shares as a security deposit. Immediately upon payment by the Developer of the Lease Deposit and Water Right Deposit and delivery of the stock certificates as a security deposit, all of the Water Resource Credit Certificates may be redeemed by Developer or its transferees or assigns for uses in connection with the Revised Development. An SWSP shall be sufficient if it allows the Town to deliver consumptive use water to the Beebe Draw in an amount needed to replace the anticipated depletions in the following 12 months caused by the diversion and use of water from the Town’s wells for the Proposed Development. If the Developer has paid to the Town the Lease Deposit and the total cost to secure all Structure Leases and Water Lease(s), including fees for the Town’s attorneys and water consultants, is less than the amount of the Lease Deposit, then any unused portion of the Lease Deposit and Water Right Deposit the shall be returned to the Developer by the Town after the water court enters a final non-appealable decree confirming the Original Shares have an acceptable total firm yield as described in paragraph 6.7. The Town agrees to allow the Developer or its transferees or its assignee the right to redeem all of the Water Resource Credit Certificates issued under this Agreement, so long as the Developer complies with the foregoing terms of this 6.3. Notwithstanding anything herein, upon redemption of a Water Resource Credit Certificate and compliance with all terms in Section 6.6, with respect to a Lot or landscaped areas, the Town shall issue a water tap for such Lot or landscaped areas, it being agreed by the Town and the Developer that failure by the Developer to pay or perform any other obligations hereunder contemplated to be paid or performed after the Closing, shall not entitle the Town to withhold or deny a water tap and water service to the Lots or landscaped areas, but shall entitle the Town to pursue against the Developer all other remedies allowed by this Agreement.
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6.4 The Series A Water Resource Credit Certificates shall only be redeemable for water taps on individual Lots. The Series B Water Resource Credit Certificates shall not be redeemable for water taps on any individual Lots, and shall be used solely to obtain one or more taps for irrigation on the landscaped areas within the Revised Development.
6.5 The Town Administrator shall notify the Building Department and Utility
Department when the Closing occurs, and when any of the conditions described in Sections 6.2 through 6.4 have been satisfied such that any Series of certificates may thereafter be redeemed.
6.6 In order to obtain a water tap for any use, the Developer or its transferees or its
assigns shall be required to: 6.6.1 Request the Town to cancel one Water Resource Credit Certificate in
Series A per single-family residential tap at the time of building permit issuance for a residential Lot.
6.6.2 Request the Town to cancel all of Water Resource Credit Certificate Nos. 155-185 inclusive (Series B) for issuance of a tap to supply water to the proposed landscaped areas at the time the tap is approved.
6.6.3 Pay the WATA Fee for each Certificate that is cancelled as part of the
request for residential building permit or irrigation tap. The WATA Fee is a fixed amount of $1,500 per SFE water tap issued by the Town. The WATA Fee is to be charged only on the first 2,500 SFE taps issued by the Town after August 24, 1998 not within the Highlands PUD (“2500 new taps”). For example, the WATA Fee for one single-family tap is $1,500. The landscape irrigation tap in Series B shall be counted as 31 SFE taps. As a result, the WATA Fee for the landscape irrigation tap is $46,500 (317 x $1,500 = $46,500). The WATA Fee shall not be paid on any new taps once the Town has issued 2,500 new taps.
6.6.4 If the Town has already charged the WATA Fee on 2500 new taps, pay
the WATA Recovery Fee for each Certificate that is cancelled as part of the request for residential building permit or irrigation tap. The WATA Recovery Fee is a fixed amount of $750 per SFE water tap issued by the Town after it has issued 2,500 new taps. The WATA Recovery Fee is to be charged on SFE tap numbers 2,501 through 5,000 issued by the Town after August 24, 1998 not within the Highlands PUD. For example, the WATA Recovery Fee for one single-family tap is $750. The landscape irrigation tap in Series B shall be counted as 31 SFE taps. As a result, the WATA Recovery Fee for the landscape irrigation tap is $23,250 (31 x $750 = $23,250). The WATA Recovery Fee shall be paid only if the Town has issued more than 2,500 but less than 5,001 new taps.
6.6.5 Pay the Water Plant Investment Fee (“PIF”) for each Certificate that is
cancelled as part of the request for residential building permit or irrigation tap. Each residential tap request associated with Certificate numbers 1-154 shall count as one SFE for payment of the
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PIF. The irrigation taps for the 1.98 acre landscaped area shall count as 31 SFEs for payment of the PIF. The PIF is currently $8,424 per SFE Certificate. The Town may change the amount of the PIF in the future, and the Developer shall pay the amount of the PIF in effect when each Certificate is cancelled.
6.6.6 Pay the Water Tap Fee for each Certificate that is cancelled as part of the request for residential building permit or irrigation tap. The Water Tap Fee is currently $45 per SFE Certificate. The Town may change the amount of that fee in the future, and the Developer shall pay the amount of that fee in effect when each Certificate is cancelled.
6.7 For purposes of this Agreement, the “total firm yield” of the Original Shares is
acceptable to the Town if the water court approves at least an average year delivery of 99.6 acre-feet after subtracting ditch losses (0.538 acre-feet/SFE), an average annual consumptive use of 57.6 acre-feet (0.311 acre-feet/SFE), a dry-year delivery of 88.1 acre-feet after deducting ditch losses (0.476 acre-feet/SFE), and a dry-year consumptive use of 46.1 acre-feet (0.249 acre-feet/SFE). If the final decreed total firm yield of the Original Shares is less than the amounts described above, or the total demand for water for the Revised Development is greater than 185 SFEs, the Parties agree to the following terms to correct that shortage: (1) the Town may utilize such portion of the Additional Paired Shares as may be required to correct that shortage; or (2) the Town may utilize such portion of the Lease Deposit and Water Right Deposit as may be required (described in Sections 4.5, 4.6, and 6.3 of this Agreement), to correct that shortage. Once the Water Court has confirmed an acceptable total firm yield to the Town, then, as to the Excess Water the terms of Section 7.8 shall apply.
7 Water Court Adjudication
7.1 The Town will be primarily responsible, at the Developer’s expense for adjudicating all necessary water court and State Engineer approvals to implement this Agreement, including: (1) the change in type of use, method of use, and place of use of the Water Rights; (2) inclusion of the Water Rights in the Town’s Existing Plans to allow the Town to use the Town’s existing municipal water supply wells in the Beebe Draw to supply the water delivery requirements of the 185 SFEs pursuant to this Agreement; (3) filing an SWSP application with the State Engineer and Division Engineer; and (4) any matters that are raised on appeal or pursuant to the retained jurisdiction provision in the final decree. The Developer may be a named co-applicant in such proceedings, or may participate as an opposer solely to support the application consistent with this Agreement. The Developer agrees to work cooperatively and in good faith with the Town and its attorneys to adjudicate necessary water court approvals and to incorporate and integrate the Original Shares and Additional Paired Shares, if needed, and facilities into the Town’s municipal water supply system.
7.2 The Town agrees to file an application in water court to change the Water Rights,
and a request for an SWSP using the Water Rights or the water obtained under a Lease as
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defined in Section 1.1.4 in either of the Existing Plans within 90 days after the Closing Date and diligently proceed with the application and request. The Town will use reasonable efforts to complete the adjudication within three (3) years after Closing, and shall have reasonable discretion whether to prosecute or defend any appeals.
7.3 The applications shall not limit the place of use of the Water Rights to the
Property, but may request the ability to use the water anywhere within the Town’s water service area and any other areas served by contract, as that area may change from time to time.
7.4 The Developer shall pay to the Town all fees and costs, including attorney fees,
engineering and water consulting fees, and expert witness fees, incurred by the Town in prosecuting the Water Court application, the SWSP request, inclusion of the Water Rights and any Additional Paired Shares if needed, in the Town’s Existing Plans, and in working cooperatively and in good faith with the Developer and its attorneys in those matters (“adjudication expenses”). The Developer shall deposit the sum of $200,000 with the Town at the Closing as a balance to draw against by the Town to pay for the Town’s adjudication expenses (“deposit”). This amount is a good faith estimate by the Town of its adjudication expenses, but is not a limit on the amount that might be required to obtain a final decree. The Town shall provide to the Developer copies of the monthly bills from the Town’s water attorneys and water consultants, and the Town shall pay those bills as agreed to with its consultants. The Town shall use the deposit to reimburse the Town for those fees and costs. The Town shall provide the Developer with a monthly statement of the remaining balance in the deposit account after payment of those bills. The Developer shall pay its own attorneys fees and costs in the water court case. At any time that the deposit account balance goes below $7,500, Developer shall replenish the deposit account balance to $30,000. If the actual fees and costs to the Town exceeds at any time the amount collected from the Developer, the Developer shall pay such amount owed to the Town within thirty (30) days after being billed for that amount. If the Developer fails to pay that amount when owed to the Town, the Town may (1) use any funds from the Developer on deposit with the Town to pay those amounts; (2) assess the amount owed as a lien or treat it as a payment against the value of the Excess Water for purposes of purchasing the Excess Water as described in Section 7.8; or (3) seek any other remedy against the Developer allowed by this Agreement. If there are any funds remaining in the deposit account after entry of a final non-appealable decree in the change case and after inclusion of the Water Rights in the Town’s Existing Plans, those remaining funds shall be returned to the Developer within 60 days.
7.5 The Town shall cooperate with the Developer in securing any necessary
authorization or agreements from governmental or private entities to allow the Developer to fulfill its obligations under this Agreement, including, without limitation, obtaining approval of an SWSP from the State Engineer’s Office or obtaining temporary rights to use facilities or water rights if needed and available, pending completion of the water court adjudication and inclusion of the Water Rights in the Existing Plans.
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7.6 The Parties agree to work cooperatively to make such additional adjustments to the amount of water dedicated as may be required to deliver the full amount of consumptive use water to the Town as needed for augmentation of out of priority depletions from the Revised Development. Among the actions that may be taken by the Developer if approved by the Town are: (1) purchase and convey to the Town additional Paired Shares, or Fulton Shares acceptable to the Town; (2) acquire and convey other water rights to Town acceptable to the Town; or (3) pay to the Town a fee in lieu of dedicating additional water resources.
7.7 In the event the Town fails to diligently pursue the application, the Developer may
complete the adjudication, but the Developer shall continue to reimburse the Town for all of its fees and costs in those proceedings.
7.8 If the total firm yield of the Original Shares is more than described in Section 6.7, then the Town shall convey back to the Developer the Excess Water from the Original Shares in the same manner as the water was conveyed to the Town, and release the Town’s lien on the Additional Paired Shares. The Town shall deliver a warranty deed and the share certificates and assignments for the Excess Water from the Original Shares and release for the Additional Paired Shares to the Developer within 90 days after entry of a final non-appealable decree. The Town shall have the sole right to select the Original Shares to be re-conveyed. The conveyance to the Developer shall not include any right to deliver or use the Excess Water through the Town’s diversion facilities or under the Town’s Existing Plans without further agreement with the Town. As an alternative to re-conveying some or all of the Excess Water from the Original Shares and Water Rights and releasing the lien on the Additional Paired Shares, the Town may elect to purchase some or all of the Excess Water at the price at the time of Closing of $26,666 per acre-foot of average year consumptive use water, which price shall increase at a rate of Six Percent (6%) per annum, adjusted quarterly, following the Closing. Any Additional Paired Shares that are purchased by the Town to convey the Excess Water shall be conveyed to the Town in the same manner as the Original Shares. Any portion of the Excess Water not purchased by the Town shall be conveyed back to the Developer or released in the same manner as described above in this Section. The Town shall complete any purchase under this Section within Ninety (90) days after entry of a final non-appealable decree.
It is the express intent of the Parties that they will include more Shares in the adjudication
than may be required to meet the total firm yield requirements of Section 6.7, in order to avoid the cost of duplicate adjudication. The Parties agree that the Town has a need for the additional water to serve its current and future service area, and this process may help to provide a source of water to help satisfy that need more efficiently.
7.9 The Town may enter into an agreement to sell or assign the Original Shares and
Water Rights or make them available for use, in its discretion, to any other municipal or governmental entity in exchange for water deliveries to the Town sufficient to meet the full water demands of the Revised Development. If the Town enters into such an agreement prior to
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entry of a final non-appealable decree, the Town may continue to pursue the Water Court application to determine the total firm yield of the Subject Shares and change the Subject Shares to municipal and other uses, or may dismiss the application. If the application to change the water rights is dismissed, the deposit account may continue to be used to include the new source of water in the Existing Plans, and any remaining funds shall be returned to the Developer within 60 days thereafter.
7.10 The Town may amend the application at any time to include other shares or water
rights for use by the Town, or to allow other uses, or include the Subject Shares in another water court application, or file a new water court application and seek to consolidate the application with another similar case prosecuted by the Town, provided that action shall not cause an unreasonable delay in entry of the final decree, and provided the owner of any additional shares or water rights shall pay a pro rata share of all fees and costs in the Water Court case incurred after the date of approval of the amendment. 8 Additional Provisions.
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and applicable federal law.
8.2 Authority. Each party represents and warrants that it has all requisite power, corporate and otherwise, to execute, deliver and perform their obligations pursuant to this Agreement, that the execution, delivery and performance of this Agreement and the documents to be executed and delivered pursuant to this Agreement have been duly authorized by it, and that upon execution and delivery, this Agreement and all documents to be executed and delivered pursuant to this Agreement will constitute its legal, valid and binding obligation, enforceable against it in accordance with their terms.
8.3 Provision of Water. The Town agrees that it shall require any person seeking building permits within the Property to acquire their Water Resources from the Developer, until the Water Resource Credit Certificates issued under the terms of this Agreement are all redeemed.
8.4 Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute the same instrument.
8.5 Further Assurance. Each of the Parties hereto, at any time and from time to time, will execute and deliver such further instruments and take such further action as may reasonably be requested by the other party hereto, in order to cure any defects in the execution and delivery of, or to comply with or accomplish the covenants and agreements contained in this Agreement and/or any other agreements or documents related thereto.
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8.6 Notices. If under the terms of this Agreement, notice is to be provided to any party, said notice shall be deemed provided upon: (a) personal delivery, (b) three business days after the mailing of the same by registered or certified mail, return receipt requested, (c) when delivered (and receipted for) by an overnight delivery service, or (d) when delivered by facsimile transmission for which automatic confirmation has been received, addressed in each case as follows:
TOWN OF LOCHBUIE
Town of Lochbuie Attention: Town Administrator 703 Weld County Road 37 Lochbuie, CO 80601
With copies to:
Steven P. Jeffers, Esq. Lyons Gaddis 363 Centennial Parkway, Suite 110 Louisville, CO 80027
and
Maureen Juran, Esq. Widner Juran, LLP 13133 E. Arapahoe Rd, Suite 100 Centennial, Colorado 80112
DEVELOPER
LOB, LLC Michael Blumenthal 143 Monroe Street Denver, CO 80206 With a copy to:
Glenn Porzak, Esq. Porzak Browning & Bushong LLP 2120 13th Street Boulder, CO 80302
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8.7 Negotiation. This Agreement has been submitted to the scrutiny of, and has been negotiated by, all parties hereto and their counsel. It shall be given a fair and reasonable interpretation in accordance with its terms, without consideration or weight being given to its having been drafted by any party hereto or its counsel.
8.8 Default. In the event of default by either Party, the non-defaulting party shall
notify the defaulting party in writing of such default, specifying the nature and extent of the default. If the default is not cured within thirty (30) days, the non-defaulting party shall be entitled to such remedies as are provided by law, including the Town’s municipal code.
8.9 Specific Performance, Attorneys Fees and Costs. If any judicial proceedings are brought to enforce any of the provisions of this Agreement, including an action for specific performance and/or damages, the prevailing party shall be entitled to recover the costs of such proceedings, including reasonable attorney’s fees and expert witness fees.
8.10 Partial Invalidity. If any portion of this Agreement is determined by a court having jurisdiction to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining portions of this agreement, the intention being that the various provisions hereof are severable.
8.11 Amendment. This Agreement may be amended only upon execution by both parties of a signed amendment.
8.12 Survival. This Agreement shall survive the Closing.
8.13 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other, which consent shall not be unreasonably withheld. If assigned, the benefits and burdens of this Agreement shall inure to and be binding upon the successors and assigns of the Parties.
8.14 Waiver. The waiver of any breach of any provision of this Agreement by one party shall not constitute waiver of any subsequent breach by that same party, concerning either the same or any other provision of this Agreement.
8.15 Rights of Third Parties. All conditions of the obligations of the Parties hereto, and
all undertakings herein, except as otherwise provided by a written consent, are solely and exclusively for the benefit of the Parties hereto and their successors and assigns, and no other person or entity shall have standing to require satisfaction of such conditions or to enforce such undertakings in accordance with their terms or be entitled to assume that any party hereto will refuse to complete the transaction contemplated hereby in the absence of strict compliance with
Page 17
any or all thereof, and no other person or entity shall, under any circumstances, be deemed a beneficiary of such conditions or undertakings, any or all of which may be freely waived in whole or in part, by mutual consent of the Parties hereto at any time, if in their sole discretion they deem it desirable to do so.
8.16 Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
8.17 Conflicting Provisions in Annexation Agreement. In the event of any conflict between the provisions of this Agreement and the Annexation Agreement, the provisions of this Agreement shall control. IN WITNESS WHEREOF, the Parties have signed this Agreement on the date described above.
[Signatures on following page]
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TOWN OF LOCHBUIE, COLORADO, a Colorado Municipal Corporation, acting by and through its Water Activity Enterprise By: _______________________________________ Jacob Lofgren, Mayor ATTEST: By: _______________________________________ Linda Blackston, Town Clerk LOB, LLC, a Colorado Limited Liability Company
By: _______________________________________ Michael Blumenthal, Manager By: _______________________________________ Harvey Deutsch, Manager
EXHIBIT A
LEGAL DESCRIPTION Lots 1 through 10, inclusive, Block 1, Lots 1 through 33, inclusive, Block 2, Lots 1 through 28, inclusive, Block 3, Lots 1 through 4, inclusive, Block 4, Lots 1 through 9, inclusive, Block 5, Lots 1 through 21, inclusive, Block 6, Lots 1 through 25, inclusive, Block 7, Lots 1 through 10, inclusive, Block 8, Lots 1 through 7, inclusive, Block 9, Lots 1 through 7, inclusive, Block 10, Silver Peaks Filing No. 1, Amendment No. 2 as recorded at Reception No. 4461778 and Silver Peaks Filing No. 1, Amendment No. 3, Town of Lochbuie, County of Weld, State of Colorado.
Together with Tracts AA, BB, CC, DD, EE, FF, GG, HH, LL, NN, MM and OO, Silver Peaks Filing No. 1, Amendment No. 2 as recorded at Reception No. 4461778 and Silver Peaks Filing No. 1, Amendment No. 3, Town of Lochbuie, County of Weld, State of Colorado.
EXHIBIT B
TOWN OF LOCHBUIE WATER ACTIVITY ENTERPRISE
WATER RESOURCE CREDIT CERTIFICATE
For Silver Peaks East
Series ______ Certificate No. _____ Issue Date: _____________
Issued in the name of: LOB, LLC.
This Certifies that LOB, LLC, is the owner of ONE (1) fully paid Water Resource Credit Certificate issued pursuant to the terms of the Water Resource Credit Agreement dated ________________, 2020, between the Town of Lochbuie, acting by and through its Water Activity Enterprise (“Town”), and LOB, LLC (“Agreement”). LOB, LLC may redeem this certificate in satisfaction of the water resource dedication requirement for ONE (1) single-family equivalent unit in Silver Peaks East without payment of a Water Resource Fee. This Certificate shall be held by the Town until redeemed by LOB, LLC or its assigns, and cancelled by the Town in exchange for water service. Ownership of this Certificate may be transferred only with prior notice and approval by of the Town, and notation of the change in ownership upon the books of the Town.
In witness whereof, the Town of Lochbuie has caused this Certificate to be signed by its duly- authorized Officers and to be sealed with the Seal of the Town of Lochbuie.
Dated __________________
___________________________________ Mayor ATTEST: ___________________________________ Town Clerk
This Certificate is hereby redeemed and dedicated to the following property at time of tender:
______________________________________________________________________________
Subdivision, Lot, Block, or Street Address
Tendered by: ______________________ Date of Tender: ____________________
EXHIBIT B
TOWN OF LOCHBUIE WATER ACTIVITY ENTERPRISE
WATER RESOURCE CREDIT CERTIFICATE
For Silver Peaks East
Series ______ Certificate No. _____ Issue Date: _____________
Processed by the Town by: _____________________
Assigned to: _______________________________________.
Date of assignment: _________________________________.
Approved by: ______________________________________.
DRAFT - Figure 1
Town of Lochbuie
ECCV Water Level Elevations for Wells TW11, TW13 and TW14
4975
4980
4985
4990
4995
5000
5005
5010
5015
5020
Jul-07 Jul-08 Jul-09 Jul-10 Jul-11 Jul-12 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 Jul-18 Jul-19 Jul-20 Jul-21 Jul-22
Ele
vat
ion
(ft
ab
ove
msl
)
TW-13
Water Level Elevation Early Warning Elevation (4986.5 feet) Trigger Elevation (4981.5 feet)
4975
4980
4985
4990
4995
5000
5005
5010
5015
5020
Jul-07 Jul-08 Jul-09 Jul-10 Jul-11 Jul-12 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 Jul-18 Jul-19 Jul-20 Jul-21 Jul-22
Ele
vat
ion
(ft
ab
ove
msl
)
TW-14
Water Level Elevation Early Warning Elevation (4982.0 feet) Trigger Elevation (4987.0 feet)
4975
4980
4985
4990
4995
5000
5005
5010
5015
5020
Jul-07 Jul-08 Jul-09 Jul-10 Jul-11 Jul-12 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 Jul-18 Jul-19 Jul-20 Jul-21 Jul-22
Ele
vat
ion
(ft
ab
ove
msl
)
TW-11
Water Level Elevation Early Warning Elevation (4986.0 feet) Trigger Elevation (4981.0 feet)
0
1000
2000
3000
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5000
6000
7000
8000
0
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Jul-07 Jul-08 Jul-09 Jul-10 Jul-11 Jul-12 Jul-13 Jul-14 Jul-15 Jul-16 Jul-17 Jul-18 Jul-19 Jul-20 Jul-21
Wat
er Y
ear
Tota
l (a
c-ft
)
Mon
thly
Pu
min
g (
ac-f
t)ECCV and ACWWA Beebe Draw Well Pumping and Recharge Above Milton Reservoir
Monthly Pumping (Bar) Annual Pumping (Diamond) Annual Recharge (Square)
* Annual Pumping and rechage values are Apr-Mar years. The 2020 Annual values are projections from the 2020-2021 SWSP Request,
with the assumption made that recharge will be provided 1:1 for ECCV & ACWWA pumping over 4,600 AF.
* TW-14 data shift being investigated.
Updated through Jul 2020
Agenda Item Summary MEETING DATE: July 21, 2020 SUBJECT: 4-10 Work Week Schedule PRESENTED BY: Stephen Stamey, Town Administrator PREPARED BY: Denise Rademacher, Finance Director SUMMARY Staff is recommending moving certain Town operations to a 4-10 work week schedule. A 4-10 work week schedule is a form of flexible work week in which staff work Monday – Thursday from 7:00 a.m. to 6:00 p.m. Alternately, staff could work a flexible schedule rotating Monday and Fridays off thus keeping Town Hall open Monday – Friday. However, this option poses scheduling problems with regards to paid time off usage with limited staff. Public safety will continue to operate under their existing schedule. Entities, both public and private, already offer flexible work schedules to their employees. Many more are moving towards flexible work schedules, including working remotely, as a result of the recent and ongoing pandemic. BACKGROUND Unfortunately, the pandemic continues, and social distancing remains a necessity to control the virus’ spread. Having reduced exposure to others and staying at home continue to be promoted as the safest way to navigate life. The pandemic altered customer and employee interactions. During the Stay At Home period, Town Hall was closed to customers (contractors) and citizens. Staff was able to serve the public with little to no complaints for over two months. All parties, employees, customers, and citizens adjusted to the limited hours of operation. Likewise, staff is confident all parties will adjust and benefit from the new hours of operation. Lochbuie is a bedroom community. Residents live here, but commute to work in other localities. Having longer hours of operation, 7:00 a.m. to 6:00 p.m., will allow them to come to Town Hall before or after work to conduct business when necessary. Contractors, based on the results of other cities’ surveys, appreciate the longer hours as well citing being able to start jobs earlier as a main benefit.
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Employee retention and satisfaction are very important to the Town of Lochbuie. Attracting qualified candidates for positions has, and continues to be, a challenge for the town. Offering a 4-10 work week would be a welcomed benefit to current and future employees with no additional cost to the town. Work-life balance is important to employees. Most employees commute to work, some as far away as Windsor and Longmont. For these employees, one less commute would be appreciated. Employees would save money on fuel and auto expenses and the environment would benefit from less pollution caused by burning fuels. Childcare has been mentioned as an issue encounter in some entities. However, staff is not aware of any childcare issues which current employees would encounter if a 4-10 work week was instituted. Utility costs at Town Hall will decrease with Friday closures. The Town Hall is equipped with a Leeds Certified energy efficient heating and air conditioning system. Closing Town Hall an additional day per week will result in lower utility costs since the system can be programmed to reflect the closure. If the Town were to move to a 4-10 work week with Friday closures, staff would educate the pubic on the new hours of operation via the Town’s website, monthly newsletter, utility bill inserts, postings at Town Hall, and through social media sites. If approved at the August 4 meeting, staff will have a month to get the word out before a September 14 start. Staff will also work to ensure personnel policies are reviewed and, if needed, revised to reflect the new hours of operation. Court will remain on Fridays. Court is one (1) Friday a month and the Town Hall will remain closed for all other business. Court staff will be the only staff working on the designated court day. Their schedules will be adjusted as needed to avoid overtime. To summarize, staff has developed the following table identifying Pros / Cons of a Monday – Thursday work week:
Pros Cons Better customer service Fridays closed Increased hours of operation Longer days for employees Increased employee morale Childcare / school issues Increased employee retention Improved benefits for new / existing employees
Social distancing / stay at home Environmental benefits Cost savings for employees / Town Work / life balance for employees
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FINANCIAL CONSIDERATIONS Entities offering flexible work schedules report modest cost savings associated with utility usage, productivity gains, enhanced / increased levels of employee satisfaction and retention, and reduced stress all of which have financial impacts. STAFF RECOMMENDATION/ACTION REQUIRED Staff recommends implementing a 4-10 work week schedule, Monday – Thursday 7:00 a.m. to 6:00 p.m., for Town Hall and Public Works staff commencing on September 14, 2020 for a trial period of 6 months. At the end of the trial period, staff will survey employees, customers, and citizens for feedback on the schedule and report the results to the Board in early 2021. ATTACHMENTS Exhibit A - Survey Examples Exhibit B - List of Entities Offering 4-10 Work Week Schedules
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Exhibit A
Employee Survey – Six Month 4-10 Work Week Trial Assessment
Question Strongly Agree
Agree Neutral Disagree Strongly Disagree
1. Overall, considering all the pros and cons, I support the Town moving to a 4-10 work week schedule on a permanent basis.
2. I believe the Town’s customers have seen an
overall positive impact on customer service under the 4-10 work week.
3. I experienced increased productivity in my job
under the 4-10 work week.
4. My quality of life and work-life balance
improved under the 4-10 work week.
5. I view the 4-10 work week as an employee
benefit that has a positive impact on employee morale.
6. I have been able to successfully adjust my
personal routine to fit the 4-10 work week schedule.
7. Under the 4-10 work week, my commute has
improved (i.e. money saved on one less commute per week, quicker commute times, etc.)
8. For me personally, the 4-10 work week has
had a negative impact on my family (i.e. childcare, adult care, after-school/work activities, etc.)
9. Under the 4-10 work week, I have
experienced increased stress at work.
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Manager/Supervisor Survey – Six Month 4-10 Work Week Trial Assessment
Question Strongly
Agree Agree Neutral Disagree Strongly
Disagree 1. Overall, considering all the pros and cons, I
support the Town moving to a 4-10 work week schedule on a permanent basis.
2. I believe the Town’s customers in my area of
operation have seen an overall positive impact on customer service under the 4-10 work week.
3. My area of operation experienced no or very
limited citizen and business complaints about the 4-10 work week.
4. As a supervisor/manager, I experience
productivity in my job under the 4-10 work week.
5. I experienced increased productivity from my
employees under the 4-10 work week.
6. The 4-10 work week has had a positive impact
on employee morale
7. The 4-10 work week has had a positive impact
on employee recruitment and retention in my area of operation.
8. Under the 4-10 work week, I have
experienced increased stress at work.
9. Under the 4-10 work week, I have
experienced increased stress at work.
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Exhibit B
Colorado Municipal League Practice Comparison Report - 4/13/2020
Alternative Work Schedules
Entity / Narrative AURORA, CO - This is available at the discretion of the Department. The most common alternative schedules are 9-80 or 4-10. BENNETT, CO - Flexible, 4/10's, remote options to work from home. BLACK HAWK, CO - 4/10's flextime 48-hour shift for fire. BROOMFIELD, CO - Yes. Varies by department and is subject to department head approval. Allow (4) 10s, (5) 8s for non-sworn employees. Sworn employees in Detention Center work 12-hour days. CHERRY HILLS VILLAGE, CO - Flex time, 4 10's, 4 9's + half day, alternating 4 10's and 5 8's, stretch pay (up to 4 weeks without pay during year, but pay stretched throughout year). FRISCO, CO - We offer flex schedules for exempt employees as long as they satisfy a minimum of 40 hours per week. Some work 9-hour days, some work ten-hour days. We also allow employees to work from home on occasion. LOUISVILLE, CO - Department Directors may authorize alternative work schedules for employees while considering the needs of the City. LOUISVILLE, CO - Department Directors can authorize alternative work schedules based on type of position, work habits and productivity of the employee, and time in position. MOUNTAIN VILLAGE, CO - 4/10's. SNOWMASS VILLAGE, CO - When requested/allowed. Available to all employees and must be approved by department head. STEAMBOAT SPRINGS, CO - 36 hours. The City is now only open four days a week from 8:30AM to 5:30 PM Non-exempt employees Except Police and Fire are working 36 hours (reduction of 10%) Exempt employees accepted a 10% pay cut. SUPERIOR, CO - None. Staggered Hours Core Hours Variable Day Mid-Day Flextime Four Tens Summer Hours Telecommuting. WOODLAND PARK, CO - 9/80's are offered for administrative personnel.
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Town/City Days Hours Currently Doing 4-10’s
Westminster M-Thurs (closed Fridays) 8-5 facility hours-- 7-6 for employees
Steamboat Springs M-Thurs Closed Fridays w/a few
exceptions
7:30-5:30 (9 hrs.-took a 10% pay cut as well)
Monte Vista M-Thurs (closed Fridays) 7:00-5:30 (1/2 hr. lunch) Rangely
Cripple Creek M-F (rotate staff) 7-5 (don’t have to clock out for lunch) bldg. hrs. 8-4
Littleton Flexible/6-5 Monday or Friday off
8-5 M-F (facility hours)
Elbert County
Moving to 4-10’s
Jefferson County M-Thurs Will vary by facility Central City M-Thurs 7:00-6:00 (facility hrs. 8-5) Monument M-Thurs (closed Fridays)
Hudson (still considering) Bennett (not sure if
permanent) M-Thurs with Friday a 1/2
day
Adams County M-Thurs (closed Friday at the majority of their
facilities)
7:00-6:00
Berthoud M-Thurs (closed Fridays) 7-6:00
Agenda Item Summary MEETING DATE: August 4, 2020 SUBJECT: 457 Plans PRESENTED BY: Denise Rademacher, Finance Director
SUMMARY The Town offers two (2) 457 Plans, through Nationwide and the Fire and Police Pension Association, to its employees. The Town’s contribution policy to the Plans needs to be approved via Resolution to ensure consistent application. BACKGROUND A 457 deferred compensation plan allows participants to save and invest money for retirement with tax benefits. Pre-tax contributions reduce taxable income for the year. These contributions and all associated earnings are then not subject to tax until they are withdrawn. Participants may also make after-tax Roth contributions which allow for potentially tax-free earnings. FINANCIAL CONSIDERATIONS The Town’s current and past practice has been to match on a dollar for dollar basis, to a maximum of $60 for each payroll period. Based on current participation, the Town matches $270 each payroll or $7,020 annually. STAFF RECOMMENDATION/ACTION REQUIRED Staff recommends that the Board approve a motion to pass Resolution No. 2020-11 to continue offering the existing 457 Plans and to ratify past actions taken. ATTACHMENTS Resolution No. 2020-11 – A Resolution of the Board of Trustees of the Town of Lochbuie, Colorado, Continuing An Established Deferred Compensation Plan and Ratifying Past Actions to Establish Such Plan
TOWN OF LOCHBUIE, COLORADO COUNTIES OF ADAMS AND WELD
STATE OF COLORADO RESOLUTION NO. 2020-11
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
LOCHBUIE, COLORADO, CONTINUING AN ESTABLISHED DEFERRED COMPENSATION PLAN AND
RATIFYING PAST ACTIONS TO ESTABLISH SUCH PLAN
WHEREAS, a 457(b) plan is a type of qualified tax-advantaged deferred-compensation retirement plan that is available for governmental and certain nongovernmental employees in the United States and is described in Section 457 of the Internal Revenue Code (“457 Plan”); and WHEREAS, a 457 Plan is designed to supplement the employee’s retirement income through pre-tax or after tax (Roth) contributions to the plan, resulting in significant tax advantages to participants in a 457 Plan; and WHEREAS, the Town has previously established and made one or more 457 Plans available to eligible Town employees; and WHEREAS, the Town has previously determined that it is appropriate for the Town to match the employee’s contribution to the 457 Plan on a dollar for dollar basis, to a maximum of $60 for each payroll period; and WHEREAS, the Town Board desires to (a) ratify past actions taken to establish the Town’s 457 Plan and set the Town matching contribution amount, and (b) to continue such 457 pan and such contribution until further action is taken by the Board of Trustees. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Lochbuie, Colorado: Section 1. The Board of Trustees hereby ratifies past actions taken to establish the Town’s 457 Plan and to set the Town matching contribution amount, and authorizes continuation of such 457 Plan and contributions to the Town’s 457 Plan on a dollar for dollar basis matching employee contributions to a maximum of $60 for each payroll period per employee. Section 2. The Town Administrator, or his/her designee, is hereby authorized on behalf of the Town to execute individual employee participation agreements, to act as the Plan Administrator, and to execute such agreements and contracts as are necessary to implement and maintain the Plan and the Town Board ratifies past actions of the Town Administrator to do the same. Other than the incidental expenses of collecting and disbursing the employee’s deferrals and other minor administrative matters, there is to be no cost to the Town for the 457 Plan. Section 3. Effective Date. This resolution shall become effective immediately upon approval by the Board of Trustees.
Section 4. Repealer. All resolutions, or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby.
ADOPTED THIS 4th DAY OF August, 2020
TOWN OF LOCHBUIE, COLORADO
________________________________ Jacob Lofgren, Mayor ATTEST:
By: __________________________________________ Linda Blackston, MMC, Town Clerk
Agenda Item Summary MEETING DATE: August 4, 2020 SUBJECT: Mini Excavator PRESENTED BY: Marc Johns, Public Works Manager PREPARED BY: Marc Johns, Public Works Manager SUMMARY The town budgeted to purchase a mini excavator for small projects around town. Those being small repairs on the water/wastewater system as well as ditch clean out. We are in need of something small enough to get into little areas that our backhoe cannot. Three comparable bids were obtained and only one was under budget. They all will meet the needs of the projects that are planned with the unit. The CAT unit is a used 2019. New CAT models started at $60,000.
Dealer Model Cost Wickham Kubota U27-4R1 $29,788.35 - NEW
John Deere 35G $51208.04 - NEW Cat 303.5E2 $42,750 - 2019
BUDGET The Town Budgeted $30,000 to complete this purchase in 2020. STAFF RECOMMENDATION/ACTION REQUIRED Staff recommends going with Wickham Tractors and purchasing the Kubota U27-4R1. ATTACHMENTS Equipment Specification Sheets and pictures
Agenda Item Summary MEETING DATE: August 4, 2020 SUBJECT: CR 37 Additional Work PRESENTED BY: Marc Johns, Public Works Manager PREPARED BY: Marc Johns, Public Works Manager SUMMARY The town went out for bid earlier this year to complete some street maintenance. One of the projects was a mill and overlay of Cr37 starting 270’ north of CR 4 going north to the south end of Blue Lakes. The area identified was in the most need of repair. Asphalt Specialties was awarded the bid. During this period Q3 and Excel have been doing work on CR37 and created several patch areas along the road. I have been working with Q3 and Excel to get a repair plan in place. One area that is being repaired by Q3 is the intersection of CR4 and CR37 which will be milled and overlaid. To have a consistent road repair on CR 37, from CR 4 north, it is recommended that an additional 270’ section of CR 4 be milled and overlaid, to tie in the Asphalt Specialties current project, with the repair work that Q3 is doing. The attached map shows the starting location of the work being completed by Asphalt Specialties (RED). The Location of the work being completed by Q3 (BLUE). The area in (Yellow) would be the additional work to complete the work between the two areas. Since Asphalt Specialties is in the are and completing the work, it is most cost effective to have them add this to their scope of work. FINANCIAL CONSIDERATIONS Additional cost to the Asphalt Specialties contract would be $10,080. We are under budget for street repair by around $100,000. STAFF RECOMMENDATION/ACTION REQUIRED I am asking for the board to approval the additional 24 feet wide by 270 feet long section. ATTACHMENTS Map of additional area
SOCIAL MEDIA USE POLICY BACKGROUND AND PURPOSE: The Town is committed to enhancing the traditional communication methods through the use of Social Media. This commitment primarily stems from public expectations, the capabilities of current technology, and the Town’s current use of Social Media. The Town recognizes that Social Media can be used effectively to enhance communications. Unless otherwise specifically noted, when the Town establishes a Town website or Social Media Account it does so to communicate to the public, to inform, and to relay official Town Content. The Town, therefore, regulates the Town Social Media Sites that it maintains for the following reasons:
• Posts on Town Social Media Sites appear to carry the approval of the Town and
unauthorized posts on those sites can confuse people as to whether the Town endorses the post or if a specific post forms a position of the Town and whether it is the Town’s official position.
• Town Social Media Sites are not intended to operate as a traditional open public forum
as there are ample open forums for purposes of expressing opinions and views. This Policy is adopted to provide guidance and information to the public on the Town’s use of Social Media and guidance to Town Officials and Employees on the use of Social Media.
AUTHORITY:
The Town Board of Trustees, as the legislative body, is authorized to adopt policies that establish rules and guidelines governing Town Council’s conduct and appointed members of Boards, Committees, and Commissions of the Town.
SCOPE: This Policy establishes the policies and procedures that govern Town Officials and Employees when working with Social Media tools on behalf of the Town, and the Policy applies to an Official’s and Employee’s use of personal Social Media Sites.
DEFINITIONS:
Town Business is any activity carried out by an Employee or an Official in the performance of Town duties and responsibilities. Town Social Media Sites are those pages, sections, or posting locations in Social Media websites established, managed or maintained by an Employee of the Town authorized to do so as part of the Employee’s duties.
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Content is any post, writing, material, document, photograph, graphic, or other information that is created, posted, distributed, or transmitted via Social Media. Custodian is the Custodian of Records and means the Town Clerk. Officials mean all Town Elected and Appointed officials including all members of Town Board of Trustees, Boards, Committees and Commissions of the Town. Social Media is internet and mobile-based applications, websites, and functions, other than email with a focus on immediacy, interactivity, user participation, and information sharing. These venues include social networking sites, forums, weblogs (blogs, vlogs, microblogs), online chat sites, and video/photo posting sites or any other such similar output or format. Examples include Facebook, Instagram, Nextdoor, Twitter, YouTube and emerging new web-based platforms generally regarded as social media or having many of the same functions as those listed. Social Media Account is any account established on Social Media. Social Media Administrator means the Town Employee or Employees expressly designated to monitor, manage, supervise or control the Town Social Media Sites as provided in this Policy. Personal Use is any use of social media which is not conducted for Town Business. POLICY:
A. Overview.
(1) All Town departments may use the Town's Social Media as outlined in this Policy. Social Media is a communication channel for distributing information to the public. The Town Social Medial may be used in addition to existing communication channels such as Town newsletters, the website, press releases, and official documents. The Town encourages the use of social media sites and tools to further the goals and vision of the Town and the missions of its departments, where appropriate. The most appropriate uses of Town Social Media Sites are for:
(a) time-sensitive and emergency information; (b) citizen engagement, promotions, and marketing of Town services, activities, and
events; (c) public service announcements; (d) public works projects; and (e) announcement of Town meetings. (2) The Town Clerk is responsible for implementing this Policy and leading the Town’s Social
Media efforts for official Town Business. The Town Clerk serves as the Social Media Administrator of the Town.
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(3) Employees and Officials are responsible for ensuring that all use and contributions to
Town Social Media Sites adhere to the standards of conduct and requirements as regulated in this Policy and the accompanying administrative directive.
(4) All information posted and other activity conducted on Social Media Sites is subject to the
Colorado Open Records Act, Part 2, Article 72, Title 24, C.R.S., and records retention guidelines.
(a) All Town Social Media Sites should contain a statement that all Content submitted
by users is potentially subject to disclosure pursuant to the Colorado Open Records Act.
(b) All information and Content on a Town Social Media Site that is required to be
retained under state law and Town retention policies and guidelines shall be maintained for the required retention period on a Town server in a format that preserves the metadata of the original record.
(5) All laws governing copyright and fair use or fair dealing of copyrighted material owned by
others, including the Town of Lochbuie’s copyrights and brands shall be followed on Social Media Sites.
(6) The Town’s Social Media Sites may be designated as a limited public forum. As a limited
public forum, the Social Media Administrator, with prior approval from the Town Attorney, may remove or hide unauthorized Content or links posted on Town Social Media Sites.
(7) Town Social Media Sites may be subject to the Colorado Open Meetings Law. In some
situations, participation in online discussions on Town Social Media Sites may constitute a meeting under the Colorado Open Meetings Law.
(8) Use of Social Media Sites shall not serve as a replacement for official postings and
notifications required by law except under and as allowed by those laws. (9) The Social Media Administrator is responsible for developing and administering the
Town’s presence on a Social Media Account that is the Town’s Official Social Media Account or Site. The Social Media Administrator monitors and enforces all approved Social Media Accounts and sites.
(10) The Social Media Administrator will be the coordinating authority for review and
monitoring and enforcement of any approved Town Social Media Sites. The Town Administrator is the final decision-making authority for the approval or denial of any Social Media Sites and the use of such Sites by the Town.
(11) The “Required Notice” in Exhibit A must be included on each Town Social Media Site
following the Town’s description of the purpose of that social media site or tool and to use the site.
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B. Town Official’s Use of Social Media for Town Business.
(1) Members of Town Council and Town Boards, Committees, and Commissions must comply with this Policy.
(2) Town Officials may suggest Content for the Town Social Media Sites. Content suggestions
must be submitted to the Town Clerk and that person is responsible for ensuring that any request for Social Media tools or resources is coordinated with the Social Media Administrator.
(3) The Town does not create, operate, or maintain Social Media Accounts for the use of
Town Officials. Town Officials may not create a site, account, or platform separate from the Town Social Media Sites for conducting Town Business or as operated in an official capacity.
(4) Open Meetings and Public Business. Town Social Media Sites may be subject to the
Colorado Open Meetings Law, Part 4, Article 6, Title 24, C.R.S. Online communications by Town Officials regarding public business may constitute a meeting and may be subject to the requirements of the Colorado Open Meetings Law. Town Officials must comply with Colorado Open Meetings Law and must not use Town Social Media Sites to discuss matters that may only be discussed in a public meeting. Town Officials who “like,” comment, share, tweet, or otherwise engage in another Town Official’s Content on Social Media may be engaging in Town business and the open meetings law may apply.
(5) To avoid a violation of the Fair Campaign Practices Act, Article 45, Title 1, C.R.S., Town
Officials may not use the Town’s Social Media Sites to discuss a candidate for elected office, any political party, ballot proposal, or any organization seeking to defeat any candidate for elective office or ballot proposal.
(6) Town Officials must identify themselves by name and title when participating in Town
Social Media Sites. (7) Town Officials may not claim to speak on behalf of the Town, the Town Board, or any
Town department when participating in Town Social Media Sites unless authorized to do so by the Town Board.
(8) It is anticipated that from time to time, Town Officials may have access to information
that is considered privileged or confidential under Colorado law. Town Officials must not reveal any confidential or privileged information about the Town, its constituents, its employees, or its contractors on the Town’s Social Media Sites.
(9) Regular business of the Town Board, other boards, committee, or commission may be
posted to the Town Social Media Sites without formal action of the Town Board, other boards, commission, or committee provided that posted documents are also available on the Town's website. In general, it is preferred that such a posting simply provides a link back to information and documents posted on the Town website. “Regular business" is defined as the standard and routine activity of any council, board, committee, or commission, and generally includes agendas, minutes, presentation documents and backup items created during the course of regular Board proceedings.
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C. Town Official’s Use of Social Media for Campaigning or other Election Activities. (1) The Town does not create, operate, or maintain Social Media Accounts for the use of
Town Officials for campaign or other election activities (“Campaign Social Media Site”). A Campaign Social Media Site may not be operated in the Town Official’s official capacity.
(2) Town Officials who create, operate, or maintain a Campaign Social Media Site may not
use the Town’s trademark or logo. (3) The Campaign Social Media Site should be identified as a personal Social Media Site. To
identify the site as a personal one, it is recommended that a disclaimer such as the one provided below is included in the introduction or about section:
This is my personal Facebook account. This account is not affiliated with the Town of Lochbuie. The postings on this account are my own and do not reflect or represent the Town of Lochbuie’s opinions or views. I reserve the right to remove any content on my page. I review posts and comments on this personal page and I reserve the right to restrict any content.
(4) Town Officials may not speak as a representative of the Town or Town Council in the
course of their personal use of Social Media. Town Officials shall not seek public input or discussion related to a Town activity or project. Campaign Social Media Sites may not be a public outreach tool related to Town business.
(5) On Campaign Social Media Sites, Town Officials may identify themselves as holding an
elected or appointed position with the Town. In the situation where a Town Official’s personal use of Social Media may be perceived as being on behalf of the Town, such as if the Town Official does identify his or her role, the Town Official should include a disclaimer either on the Social Media Site or in the post or comments (for example, “the posting on this site are my own and do not represent, and may be different from, the Town of Lochbuie’s positions or opinions.”).
D. Guidelines for Officials’ and Employees’ Personal Use of Social Media
(1) The Town recognizes that many Town Officials and Employees use Social Media tools such as Facebook in their personal lives. This Section of the Policy provides guidelines for Town Officials and Employees for the personal use of Social Media as a private citizen.
(2) The purpose of these guidelines is not to stifle rights of free speech, but to ensure that
when Town Officials and Employees are speaking as private citizens that they clearly communicate their status in doing so and do not violate laws and rules of employment designed to protect confidential information, to adhere to the rules of ethics, public records laws and open meeting law requirements, and to protect and maintain the stability and integrity of the workplace.
(3) Employees shall not engage in Personal Use of Social Media during working hours or using
Town equipment. Employees have no expectation of privacy while using the Internet on the Town’s equipment. Employee’s use of the Internet during working hours on Town equipment will be monitored.
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(4) Personal or private business venture Social Media Account names must not be tied to the Town. For example, Town of Lochbuie Finance or Lochbuie Planning Com would not be an appropriate personal account name.
(5) If engaging in discussion regarding Town Business or commenting on a post involving
Town Business, Town Officials and Employees must use a disclaimer, which establishes that their comments represent their own opinions and do not represent those of the Town (for example, “It is my individual, personal opinion . . .”).
(6) Town Officials and Employees must not use their Town email account or password in
conjunction with a personal social networking site. (7) Employees should be aware that not all speech is protected by the First Amendment, even
when such speech is made within the confines of an employee’s private Social Media Account, Site or Platform, and that caution should be exercised when posting comments related to Town government, Town policies, or the individual’s employment situation or job duties.
(8) Personal Use of Social Media. The Town respects its Employees’ rights to post and
maintain personal websites, blogs, and Social Media pages and to use and enjoy Social Media on their own personal devices during non-work hours. The Town requires Employees to act prudently with regard to website and internet postings that reference the Town, its personnel, its operation or its property. The following guidelines apply to personal communications using various forms of Social Media: (a) The Town expects its Employees to be truthful, courteous, and respectful toward
supervisors, co-workers, citizens, customers, and other persons or entities associated with or doing business with the Town. When a person can be identified as a Town Employee, those Employees must not engage in name-calling or personal attacks or other such demeaning behavior if the conduct would adversely affect their duties or workplace for the Town. This Section and its limitations apply when the action of the Employee adversely affects the Employee’s work, job duties or ability to function in the Employee’s position or creates a hostile work environment.
(b) Employees and Town Officials must not use a Town brand, logo or other Town
identifiers on their personal sites, nor post information that purports to be the position of the Town without prior authorization from the Town Board or Town Administrator.
(c) Employees and Town Officials are discouraged from identifying themselves as
Town representatives when responding to or commenting on blogs with personal opinions or views. Employees must not use their Town title when engaging in personal use of Social Media. If an Employee chooses to identify as a Town of Lochbuie Employee, and posts a statement on a matter related to Town Business, a disclaimer similar to the following must be used: “These are my own opinions and do not represent those of the Town.”
Jennifer Madsen
Question for Steve Stamey of whether this section should be included. Does the Town want to include regulation of personal use of social media in the policy?
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(d) There may be times when personal use of Social Media (even if it is off-duty) may affect or impact the workplace and become the basis for employee coaching or discipline. Examples of situations where this might occur include but are not limited to:
• Cyber-bullying, stalking or harassment • Release of confidential or sensitive information as well as personal
information relating to Town Officials and Employees, customers, or citizens
• Unlawful activities • Misuse of Town-owned Social Media • Inappropriate use of the Town’s name, logo or the employee’s position
or title • Violation of law, whether federal, state, local or a Town policy.
(e) Each situation will be evaluated on a case-by-case basis because the laws in this
area are evolving. Employees are encouraged to discuss types of activities that might result in discipline with their supervisor or the Human Resources Department.
EFFECTIVE DATE: This Policy shall be effective upon signature. APPROVAL:
Steve Stamey, Town Administrator Date
RATIFICATION: Resolution No.
Jacob Lofgren, Mayor Date ATTEST: Town Clerk
Exhibit A
REQUIRED NOTICE
In order to better serve its citizens, the Town of Lochbuie utilizes user engagement tools and websites, including social media, to provide citizens with information in more places and more ways than were traditionally available. All Content of this site are public and are subject to disclosure pursuant to the Colorado Open Records Act. Please be aware that anything you post may survive deletion whether by you or others. The Town of Lochbuie encourages the use of its social media sites as a forum for discussion. However, all official Town Social Media Sites are moderated for appropriate content. This social media site is a limited public forum. While comments will not be edited by Town personnel, the following types of comments may be hidden or deleted:
• Obscene, threatening, or harassing language.
• Personal attacks or threats of any kind.
• Offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation, disability status, genetics, and economic status.
• Spam or promotion of services, products, or political organizations.
• Comments advocating illegal activity or including the posting of material that violates copyrights or trademarks of others.
• Defamatory, libelous, or malicious speech.
• Release of confidential information that may compromise the safety, security or proceedings of public systems or any criminal or civil investigations.
• Comments engaging in political activity including advocating for the election or defeat of any individual to elected public office or promoting the passage or defeat of any ballot question or measure
The User agrees to following terms of use:
• Requests for emergency services should be directed to 9-1-1 not through this site. Individual complaints, concerns, or service requests will not be addressed via Social Media unless the Town specifically identifies the site for that purpose.
• To protect your privacy and the privacy of others, please do not include sensitive personally
identifiable information, such as social security numbers. The Town hosted tools and websites should not be considered secure.
• If you have specific questions regarding a Town activity or program that involves details you do not wish to share publicly, please contact (insert name of position or office or department) _________.
• The Town also reserves the right to discontinue any or all Town Social Media Sites at any time. • Practical and legal considerations may sometimes constrain, prevent, or prohibit discussion by
the Town of certain topics, including, but not limited to litigation, pending investigations, and other topics through various media including social media.
• Following or “friending” persons or organizations is not an endorsement by the Town and is only
intended as a means of communication. • Any references or links to a specific entity, product, service or organization posted by individuals
on the Town Social Media Sites should not be considered an endorsement by the Town or its departments or Employees or Officers.
• The Town does not review, sponsor, or endorse any other website(s) linked to its website or to
Town Social Media Sites. The views and opinions of authors expressed on those websites do not necessarily state or reflect the opinion of the Town and may not be quoted or reproduced for the purpose of stating or implying any endorsement or approval of any product, person, or service by the Town or its Employees or Agents.
• The Town is not responsible for Content that appears on external links. • The Town is not responsible for and does not guarantee the authenticity, accuracy,
appropriateness or security of any link, external website or its Content.
By accessing this site, posting or commenting, I acknowledge having been advised of the foregoing.
Possible Addition to the Town Social Media Use Policy
Town Board Members who participate in social media in their official capacities shall abide by the following requirements:
(1) Board Members are required to read and understand the Terms of Service and any other policies established by social media websites. Board Members are expected to stay current regarding any changes to the Terms of Service and the Town policy regarding social media.
(2) Board Members must identify themselves by name and position and title and use their Town email address when participating in social media websites in their official capacities. Such accounts shall be clearly designated as “official capacity” accounts.
(3) Board Members may not claim to speak on behalf of the Town of Lochbuie when participating in social media, unless authorized to do so by the Board of Trustees.
(4) Online statements by the Board Members in their official capacities shall be respectful, legal, and ethical. False and defamatory statements are not permitted, and Board Members making such statement shall have their privileges to use Town established accounts revoked.
(5) Board Members using social media in their official capacities shall not use ethnic slurs, profanity, or personal insults.
(6) Board Members using social media in their official capacities are prohibited from posting, using, otherwise infringing upon material that is copyrighted or trademarked by third parties. In addition, Board Members using social media in their official capacities are required to credit other authors for borrowed content and to protect the intellectual property of others.
(7) All accounts are the property of the Town; therefore, the Board Members utilizing such accounts must provide the Town Clerk with all the information required to access those accounts, such as usernames and passwords.
(8) Board Members shall not delete content or users without first consulting the Town Attorney.
(9) Board Members who exceed the authorization or who violate any term of this Policy may have their privileges to use such accounts revoked.
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Town Board Report August 4, 2020 Meeting
TO: Mayor and Town Board FROM: Steve Stamey, Town Administrator DATE: July 30, 2020 SUBJECT: Town Administrator Report
• Direction from Board of Trustees. o
• Financial Services. o Coordination with Finance Director. o Ongoing monitoring Budget (all funds), for financial impacts, revenue forecasts,
areas to reduce spending, including delaying or eliminating some purchases and projects.
o Work on 2021 Budget preparation o Follow-up with CARES Act funding.
• Water and Waste Water Operations. o Coordination with REC. o Responded to questions regarding Water and Waste Water Cost of Service RFP’s. o Meeting with Ramey to review 2020 Budget forecast, and 2021 proposed Budget.
• Weld County Road 2. o Working on finalization (As-built drawings).
• Roundabout. o Construction coordination meetings with Duran, CDOT, Martin/Martin. o Meeting with John Eddy regarding project budget, and project budget forecast. o As part of Phase 3, the section of 168th, from the west edge of the on/off ramps to the
roundabout entry will need to be closed for about 3 days, to allow for asphalt removal and replacement. The dates have not been finalized, but will probably be in mid-August. Will plan on two week Notice, which will also include detour routes.
• Development. o Silver Peaks.
o No updates. o Silver Peaks East.
o Water Resource Credit Agreement updated for Board review. o Blue Lake.
o On line meeting with development representatives to discuss WCR 6 and WCR 7 design, for next phase of development.
o Lochbuie Center/Station (Eppinger Property). o No updates.
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o FRICO.
o Setting up meeting with FRICO team to review application material, comments and responses.
o Snow Property o Development team meeting with applicant’s engineer to discuss proposed
detention pond and modifications. o Lake Henry.
o No updates.
• Other. o Meeting with CDOT to start IGA for I-76 signalization project. o Work with staff on daily/weekly operations. o Follow-up with Timberlan IT regarding establishment of remote work
stations. o Participation in on-line coordination meetings with Adams County, DOLA,
Platte Valley, as scheduled. o Various planning and zoning questions. o Follow up communication with WANRack regarding connection to their
fiber optic line for Town Hall. Provided additional information, and they will provide quote for connection.
