HomeMy Public PortalAboutTBP 2021-08-04 '17
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Board of Trustees
Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday August 4, 2021
6:00 PM- 9:00 PM
Members of the Board may have dinner together @ 5:30 p.m.
NOTE: Times are approximate and agenda subject to change
Watch the meeting live on Fraser's YouTube Channel
https://www.youtube.com/channel/UCs5aHnl7d-kkOi 1 cxV28DSg
Participate in the meeting through our virtual platform
Zoom Meeting Information
https://us02web.zoom.us/i/2590408013
Meeting 113:259 040 8013
Phone 1 -346-248-7799
1. 6:00 Ire. Roll Call
2. Approval Of Agenda
3. Consent Agenda
a. Minutes July 21, 2021
Documents:
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4. Executive Session
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24-6-402(4)(b)
and For the purpose of determining positions relative to matters that may
be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Regarding
Conservation Easement
5. Executive Session
For the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24-6-402(4)(e). To discuss
the purchase, acquisition, lease, transfer, or sale of real, personal, or other
property interest under C.R.S. Section 24-6-402(4)(a). Property
Acquisition
6. Executive Session
For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)
(1) and not involving any specific employees who have requested
discussion of the matter in open session. Town Manager Performance
7. Discussion And Possible Action Regarding
a. Open For Business/ American Rescue Act
b. Livestock
Documents:
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c. Remote Meeting Policy
c.i. Remote Meeting Participation Policy By Town Public Bodies
Documents:
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c.d. Remote Meeting Participation Policy By The Public
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d. Resolution 2021-08-01 Letter Of Agreement For Legal Services,
Whitmer Law Firm, LLC
Documents:
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s. Open Forum
a) Business not on the agenda
(If you would like to request time on the agenda please contact the Town
Clerk, Antoinette McVeigh at 970-726-5491 ext. 201)
9. Updates
a. Broadband Update - Michael
10. Adjourn
UPCOMING MEETING
WEDNESDAY AUGUST 18, 2021 BOARD OF TRUSTEES
Board Staff
Lead: Future focused planning
Direct: Define the service, product or value
to be delivered
Protect: Establish the operational Manacie: Now focused policy and procedural
boundaries to be respected by Staff and guidance to ensure on time, on budget, and on
monitored by the Board target service delivery
Enable:Advocacy, resource development, Accomplish: Ensure the work defined by the
and role discipline direction of the Board of Trustees is accomplished
FRASER BOARD OF TRUSTEES
MINUTES
DATE: July 21, 2021
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room and Virtually
PRESENT
Board: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Kaydee Fisher
Staff: Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Marketing
and Economic Development Manager, Sarah Wieck; Public Works
Director, Russell Pennington; Town Planner, Catherine Trotter; Finance
Manager, Beth Williams, Chief of Police Glen Trainor
Others: See attached list
Mayor Vandernail called the meeting to order at 6:00 p.m.
1. Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Andy
Miller, Brian Cerkvenik, Katie Soles, Parnell Quinn and Kaydee Fisher
2. Approval of Agenda:
Trustee Cerkvenik moved, and Trustee Soles seconded the motion to approve the
agenda. Motion carried: 7-0.
3. Consent Agenda:
a) Minutes July 7, 2021
Trustee Miller moved, and Trustee Soles seconded the motion to approve the consent
agenda. Motion carried: 7-0.
4. Executive Session:
For a conference with the Water Attorney for the purpose of receiving legal advice on
specific legal questions under C.R.S. Section 24-6-402(4)(b), and for the purpose of
determining positions relative to matters that may be subject to negotiations, developing
strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-
402(4)(e), regarding Water Maser Plan and GWUDI. Including Town Attorney Rod
McGowan, Water Attorney Chris Thorne, HRS Water Consultant Mark Palumbo and
Steve Barrett, Town Manager Ed Cannon, Town Clerk Antoinette McVeigh, Marketing
and Communication Director Sarah Wieck, Public Works Director Russell Pennington,
Water and Wastewater Superintendent Adam Cwiklin, Finance Manager Beth Williams
Trustee Miller moved, and Trustee Soles seconded the motion to open the Executive
Session. Motion carried: 7-0.
Page 2 of 3
Trustee Soles moved, and Trustee Miller seconded the motion to close the Executive
Session. Motion carried: 7-0.
Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney
representing the Town of Fraser, I am of the opinion that the entire executive session,
which was not recorded, constituted a privileged attorney-client communication.
Chris Thorne, Water Attorney
5. Executive Session:
For the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e). To discuss the purchase, acquisition, lease, transfer, or
sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(x).
Property Acquisition Including Town Attorney Rod McGowan, Town Manager Ed
Cannon, Town Clerk Antoinette McVeigh, Marketing and Communication Director Sarah
Wieck, Finance Manager Beth Williams, Winter Park Mayor Nick Kutrumbos, Winter
Park Assistant Town Manager Alisha Janes
Trustee Cerkvenik moved, and Trustee Miller seconded the motion to open the
Executive Session. Motion carried: 7-0.
Trustee Miller moved, and Trustee Cerkvenik seconded the motion to close the
Executive Session. Motion carried: 7-0.
6. Discussion and Possible Action Regarding_
a) Resolution 2021-07-03 ClearGov Budget Book
Trustee Miller moved, and Trustee Quinn seconded the motion to approve Resolution
2021-07-03 ClearGov Budget Book. Motion carried: 7-0.
b) Headwaters Trail Alliance Children's Bike Park
Trustee Miller moved, and Trustee Soles seconded the motion to give support for a Bike
Park at the Headwater Trails Alliance Building. Motion carried 7-0.
7. Executive Session:
For a conference with the Town Attorney for the purpose of receiving legal advice on
specific legal questions under C.R.S. Section 24-6-402(4)(b) and For the purpose of
determining positions relative to matters that may be subject to negotiations, developing
strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-
402(4)(e). Regarding Conservation Easement Including Town Attorney Rod McGowan,
Attorney Kent Whitmer, Town Manager Ed Cannon, Town Clerk Antoinette McVeigh,
Marketing and Communications Director Sarah Wieck, Town Planner Catherine Trotter
Trustee Fisher moved, and Trustee Soles seconded the motion to open the Executive
Session. Motion carried: 7-0.
Page 3 of 3
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to close the
Executive Session. Motion carried: 7-0.
8. Discussion and Possible Action Regarding_
a) Resolution 2021-07-02 Default of Amended and Restated Annexation Agreement
Trustee Miller moved, and Trustee Soles seconded the motion to approve Resolution
2021-07-02 Default of Amended and Restated Annexation Agreement Motion carried:
6-1, Nay Quinn.
9. Open Forum:
a) Clark Lipscomb of Cornerstone and Scott Albertson Representative of Cornerstone
spoke.
10. Updates
a. Mayor Vandernail presented a Thank You card from KFFR for the town's support and
a poster from Grand Kids Learning Center for the town's support.
11. Adjourn:
Trustee Soles moved, and Trustee Miller seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 9:02 p.m.
Antoinette McVeigh, Town Clerk
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COILORADO
MEMO TO: Mayor Vandernail and the Board of Trustees
FROM: Ed Cannon, Town Manager
DATE: August 4, 2021
SUBJECT: Livestock operations and keeping of fowl
MATTER BEFORE BOARD:
Discussion on livestock operations and keeping fowl within Town limits.
BACKGROUND:
Fraser Municipal Code provides the following guidance:
§19-2-350. - Unlisted uses.
(a) Uses not listed in a zone district are prohibited except that such uses may be approved
by the Town Staff provided such uses are found to be similar to a permitted use. The
following uses are expressly prohibited in any zoning district or Planned Development:
(1) Mineral extraction and processing operations.
(2) Salvage yards of any variety.
(3) Rendering plants and operations.
(4) Livestock operations, excluding small horse or cattle boarding lots, or pastures
currently located within the Town.
(5) Chemical manufacturing or storage.
(6) Hazardous waste operations.
(7) Mechanical, domestic or industrial wastewater treatment facilities.
(b) Any person aggrieved by a decision of the Town Staff pursuant to this Section may
appeal that decision to the Planning Commission.
(Ord. 452 §1(Exh. A), 2018)
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§ 7-6-185. - Keeping of fowl.
Property owners may keep fowl within Town limits provided the following conditions are met:
(1) Roosters and male turkeys are prohibited.
(2) No more than twelve (12)fowl may be kept on any property at any time.
(3) Fowl must be kept on the property and fencing must be provided to prevent fowl from
leaving the property.
(4) The property must be maintained in a sanitary condition and all waste disposed of
properly.
(Ord. 431, § 1, 3-16-2016)
Cattle: As identified in the Town Code, livestock operations are prohibited, but this prohibition
excludes "small horse or cattle boarding lots, or pastures currently located within the Town."
The question is whether Cozens Meadow qualifies as a pasture currently located within the
Town. The definition of a meadow is "a piece of grassland, especially one used for hay", while
pasture is defined as "land covered with grass and other low plants suitable for grazing animals,
especially cattle or sheep". Additionally, the 2003 and 2005 PDD does not mention areas for
livestock operations; however, the Grand County Assessor office shows Cozens Meadow as
Agricultural Land.
Clarity is needed from the Town Attorney as to whether Cozens Meadow is considered a
pasture currently located within the Town, and therefore suitable for livestock operations. If not,
then notice should be sent to Grand Park Development to remove the cattle.
Fowl: Staff is unaware of issues involving the keeping of fowl within the Town Limits.
ALTERNATIVES:
1. Prohibit (or allow) cattle in Cozens Meadow under§19-2-350(a)(4)
2. Address cattle and livestock operations in Cozens Meadow under the Conservation
Easement.
RECOMMENDATION:
Due to the historic use of Cozens Meadows and the County's assessment of Cozens Meadow
as Agricultural Land, Staff recommends addressing livestock operation under the proposed
Conservation Easement.
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COEORAOO
Remote Meeting Participation Policy, Town of Fraser Public Bodies
I. Purpose.
Establish a policy for remote participation in any public meetings of the Town of
Fraser Public Bodies.
II. Issue.
1. Remote participation has inherent limitations because this effectively precludes
an elected/appointed official from viewing documentary information presented
during meetings, from fully evaluating a speaker's non-verbal language in
assessing veracity or credibility, and from observing non-verbal explanations
(e.g., pointing at graphs and charts) during a speaker's presentation or
testimony. The public body finds that these limitations inherent in remote
participation may produce inefficiencies in meetings and may undermine the
decision-making process, particularly in quasi-judicial matters. Personal
attendance is important for good decision-making process. Remote participation
is intended to be an infrequent or occasional substitution for physical attendance.
III. Statement of Policy.
1. Remote participation must be conducted in an uninterrupted, safe and two-way
communication environment for the participating elected/appointed officials,
attorney, special counsel or presenters.
2. An elected/appointed official may neither participate nor vote remotely in a quasi-
judicial public hearing.
3. Elected/appointed officials must be physically present to establish a quorum.
4. Remote participation shall constitute actual attendance for purposes of
compensation.
5. The Town shall provide reasonable accommodation and shall waive or modify
provisions of this Policy to provide disabled elected/appointed officials full and
equal access to meetings.
6. The Mayor or Town Manager may suspend these policies due to emergency
conditions.
IV. Repeated Use of Remote Participation.
1. The public body may, by majority vote of a quorum present, declare an
elected/appointed official's repeated use of remote participation excessive and
deny them privilege to use remote participation for a specific meeting or
meetings. Such declaration by public body shall only be made when the member
seeking to participate remotely is afforded advance notice and the opportunity to
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participate in the public body's discussion regarding excessive use and the
continuation of remote participation. Provided that the elected/appointed official
is provided notice of the date and time of the planned public body's discussion,
the member's inability to be available to participate in the discussion shall not
preclude the public body's authority to discuss and decide whether such
elected/appointed official's use of remote participation is excessive.
V. Arranging for Remote Participation.
1. Contact the Town Clerk and Town Manager to arrange for remote participation
prior to posting date of any meeting agenda to help ensure a quorum will be
established. In an emergency situation, remote participation may be possible
pending a quorum.
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COILORADO
Public Meeting Participation Policy
I. Statement.
Public engagement or comment will not be allowed remotely.
II. Purpose.
Establish a policy for remote participation of the public at the Town Board and
Commission meetings.
II. Definition.
Public participation can be described as a deliberative process by
which interested or affected citizens, are involved in policy-making before a
political decision is taken.
Public participation contributes to better decisions because decision-makers
have more complete information — in the form of additional facts, values, and
perspectives obtained through public input — to bring to bear on the decision
process.
III. Issue.
Remote participation has inherent limitations because it precludes the
elected/appointed official from fully evaluating a speaker's non-verbal language
in assessing veracity or credibility.
Managing the public on a virtual platform creates challenges such as no sign in
sheets for attendance, longer time needed to allow for public comment,
unanticipated technological challenges, and lack of transparency.
The public should not comment in a quasi-judicial public hearing virtually. With no
sign in sheet nor physical attendance the public hearing could be deemed unfair.
IV. Solution.
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In an effort to promote transparency, the Town has established a YouTube
Channel to broadcast public meetings that are conducted at Fraser Town Hall for
the Fraser Town Board and Commissions. This creates a way for the public to
listen to these meetings live or at another time. This fosters transparency on
discussions and decisions. Due to the challenges and limitations of the public
commenting virtually they will be required to attend in person to comment.
If an unforeseen circumstance occurs that does not allow a person to attend in
person that under normal circumstances would, can ask the Mayor, Chair or
Town Manager permission to speak remotely.
The Mayor or Town Manager may suspend these policies due to emergency
conditions.
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TOWN OF FRASER
RESOLUTION 2021-08-01
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE LETTER AGREEMENT FOR
LEGAL SERVICES WITH THE WHITMER LAW FIRM, LLC.
BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Mayor is hereby authorized to execute the attached Letter Agreement for Legal
Services with The Whitmer Law Firm, LLC
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS DAY OF 2021.
Votes in favor: BOARD TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Absent:
Abstained: BY:
Philip Vandernail, Mayor
ATTEST:
(S E A L)
Antoinette McVeigh, Town Clerk
W L�11�
THE WHITHER LAW FIRM, LLC
♦w«w.whitmcrlawfirm.com
Physical: 63331 U.S.H«'y.40,Granby CO 80446
Aladmg: P.O.Bos 38,Hot Sulphur Springs,CO 80451
Phone Q70.725.3460
Kent H.CGhitmer(Kent(a'xPhituterla\vtirnt.corn)$ Williain G.Bcxx (\�%llla wlutmcrla«tirui.com)j
Scan C.Lemieux(Scan(c�whitmcrlawfirm.com)0 Kaithn Randall(Iiatic(p,u7hitmerla-,vfirm.com)(I
Stanley W.CazierA\"LFAdnun(a,Nvliitmerlawfuut.com)0
OF COUNSEL
July 20, 2021
Sent I is E�,uail to: ecannonntown.fraser.co.us
Re: Letter Agreement for Legal Services
Dear Board of Trustees:
This letter outlines our understanding of the scope of work and the fees that will be
charged in connection with our representation of your interests. These arrangements are in-
tended to take effect when Rod McGowan retires and hent Whitmer is appointed is Town
Attorney, which is anticipated to occur on or about October 1, 2021. They will also apply to
any work we perform for the Town during the interim period up until that time.
1. LEGAL SERVICES INCLUDED. The scope of our services will include and be limited
to providing general counsel representation to the Town of Fraser,which shall cover the
following practice areas:
a. advising the Board of Trustees and staff;
b. contract drafting and review;
c. land use and subdivision review;
d. zoning and enforcement thereof;
e. code review and enforcement;
f. employment law; and
g. litigation, as directed by client.
2. OBLIGATIONS OF ATTORNEY AND CLIENT. We will adequately perform the legal
services outlined above,while updating you on any and all changes during our representation,
and will respond to your inquiries or other communications without undue delay. You agree
to be honest and to cooperate with us, keeping us abreast of new developments or changes
that could affect your matter or case,particularly any changes in your address,telephone num-
ber and/or how to reach vou. Our typical method of communication with you will be by
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Town of Fraser
Letter Agreement for Legal Services
July 20, 2021
Page 2
email or telephone. If you have an email address but do not use it on a regular basis we
encourage you to check your account frequently. You also agree to make any and all payments
in accordance with this letter agreement on or before the date due.
3. FEES, COSTS AND BILLING.It is understood that our billing rates for each staff mem-
ber are as follows:
hent Whitmer $245/hour
Will Berry $245/hour
Sean Lemieux $245/hour
Katie Randall $180/hour
Legal Assistant $140/hour
for services rendered,plus reimbursable expenses incurred at their actual cost (e.g. mailing
costs, filing fees, and copy charges). Hourly rates are charged in increments of tenths (.1) of
an hour, and-,vill increase annually in accordance with a local CPI index. If travel is neces-
sary, one-half our hourly rate will be billed for time on the road, plus mileage at the IRS al-
lowed reimbursement rate. Statements will be sent once a month reflecting the amounts
owed for services rendered over the course of the prior billing period, plus any prior out-
standing balances due. Statements are to be paid in full within 15 days after the statement
has been mailed or emailed. Interest shall accrue on any outstanding and unpaid balance at
the rate of eighteen percent (18°%) per year. If it becomes necessary to file suit to collect any
past due amounts,we will be entitled to recover attorney's fees for time spent on collection
and costs.
4. CLIENT'S PROPERTY. Your legal file and the documents therein, are your prop-
erty. We shall retain your legal file during the period we represent your interests. Upon com-
pletion of our representation, we will, at your request, release to you your file and any of
your other property in our possession. If you do not request release at the conclusion of the
representation,we will retain your property for a total of six years before disposing of such
property.
5. CONFLICTS OF INTEREST. You are hereby informed that the Colorado Rules of
Professional Conduct require that before we may commence or continue representation of
your interests, we must disclose any actual or potential conflict of interest between yourself
and another person or entity represented by this firm. If an actual or potential conflict of
interest exists,we may not represent you without your written consent concerning the conflict.
In this regard, there are several clients we have represented in the past or are currently repre-
senting that are either located in the Town of Fraser or have current or past dealings with the
Town, to wit:
a. Riverview Condominiums (Ted Carney). We have assisted with the subdi-
vision process for Ted. Our understanding, though, is that this subdivision is
close to being completed and recorded.As such,it does not appear at this time
Town of Fraser
Letter Agreement for Legal Services
July 20 2021
Page 3
that this representation will still be in effect when the current Town Attorney-
Rod McGowan completely retires on October 1, 2021. However,in the event
that the Riverview Condominiums subdivision process is not completed by
the time Rod retires, there is the potential for a conflict.
b. Gold Medal Ranches,LLC (Norm Carpenter). Gold Medal Ranches,LLC
owns the west half of Byers Peak Ranch. The Town of Fraser has a water
diversion structure on St. Louis Creek and an easement for a`eater line on this
property. While it does not appear that there is presently a conflict due to the
easement and improvements the Town possesses on the Gold Medal Ranches
property, the easement contains provisions that define the rights and respon-
sibilities of the parties, which, as with any agreement, has the potential for
interpretation and disagreement.
c. Grand County Water and Sanitation District #1 (GCWSD).We took over
the representation of this district with the retirement of Stan Cazier several
years ago.This client is mentioned as a potential conflict because the Town of
Frazier and GCW'SD are part of the JFOC agreement in connection with the
waste water treatment plant. It is also mentioned because this district is cur-
rently prosecuting a water augmentation plan through water court and the
Town of Fraser is participating in that case as an opposer. The fact that
GCW'SD and the Town of Fraser are parties to the JFOC does not necessarily
create a present conflict, but in the event that the parties ever disagreed on its
interpretation or wished to renegotiate the JFOC, there is the potential for a
conflict. The current water court proceeding does present a present conflict,
however, attorney David Bailey is handling that water court proceeding for
GCW'SD, so it is more of an indirect conflict.
d. Winter Park Water and Sanitation District (WPWSD). We also took over
representation of this district with the retirement of Stan Cazier. W MVV'SD is
also currently prosecuting a water augmentation plan through water court and
the Town of Fraser is also participating in that case as an opposer, just as it is
in the GCW'SD water case. However, unlike the GCW'SD water case, we are
the firm prosecuting this case through water court.Thus,there is a direct con-
flict present in this instance. Nevertheless,the conflict is probably softened by
the fact that the Town of Fraser has separate water counsel handling this mat-
ter on its behalf.
We encourage you to discuss the actual conflicts and potential conflicts disclosed above with
Rod McGowan. Should you agree to engage our firm,you agree that these conflicts have been
disclosed,that you have had an opportunity to discuss the ramifications of each with Rod,and
that you nevertheless waive these potential or actual conflicts. You also acknowledge that
should any of the above-mentioned conflicts ever become adversarial,that it may be necessary
Town of Fraser
Letter Agreement for Legal Services
July 20, 2021
Page 4
to withdraw our representation of the Town, or, alternatively, for the Town to engage other
counsel for these conflict situations.
6. SETTLEMENT. If legal services rendered pertain to a claim, suit, litigation or other
similar action,we shall notify you of any offer received by us. yv.'e will not accept any offer to
settle without first obtaining your approval. You shall have the unequivocal right to accept or
reject any such settlement offer.
7. ATTORNEY'S LIEN. We shall have a lien for attorney's fees and/or costs advanced
on behalf of our representation of your interests under this letter, and on all funds obtained
by judgment, settlement, or arbitration award payable to you.
8. DISCHARGE OF ATTORNEY. You may, at anv time, discharge us for any reason
whatsoever by written notice, which shall become effective upon our receipt. Upon such re-
ceipt, we shall cease to provide all legal services to you, unless otherwise agreed upon. If re-
quired to notice a court of our discharge,you shall execute and return a substitution of attorney
form immediately on its receipt. You acknowledge that following termination, you shall be
obligated to pay for all attorney's fees and costs owed to us as required under this letter agree-
ment.
9. WITHDRAWAL OF ATTORNEY.We may, for anti-reason,withdraw as your attor-
neys of record at any time in accordance with the Colorado Rules of Professional Conduct. In
such event, you shall be obligated to pay all attorney's fees and costs owed to us as required
under this agreement.
10. DISCLAIMER.You acknowledge that we have made no guarantee regarding the out-
come or success stemming from our representation of your interests.You understand that we
do not have or hold any power to guarantee any certain outcome in your favor.
11. TAX AND SECURITIES LAW ADVICE. Please be aware that we are not tax attor-
neys and do not give tax advice. Regardless of the nature of any legal matters that Nve may be
handling on your behalf, specifically including and without limitation litigation matters, you
should always contact your own tax attorney,accountant or other tax consultant regarding tax
implications for you of any transaction,agreement,settlement or other action,and we strongly
encourage you to do so. Further, if we are assisting you with the formation of any legal entity,
please be aware that we are not advising you with regard to compliance with state or federal
securities law, and you may require the advice of a securities law specialist in connection with
such matters.
12. ENTIRE AGREEMENT. This letter agreement is complete in its entiretv between
you and us.This letter agreement supersedes all other verbal or written agreements made prior
to or concurrent with this Agreement.
Town of Fraser
Letter Agreement for Legal Services
July 20 2021
Page 5
13. SEVERABILITY. In the event any portion of this letter agreement shall be held to be
unenforceable, in whole or in part, the remaining valid provisions shall remain effective and
enforceable between the parties.
14. MODIFICATIONS. This letter agreement may be modified only by the execution of
a written agreement signed by all the parties hereto. You understand and acknowledge that if
you desire any additional legal services that have not been included in this letter, a separate
letter agreement will be necessary.
15. ARBITRATION OF FEE DISPUTE. In the event of a dispute pertaining to fees and
costs charged, such dispute shall be resolved by binding arbitration.
16. ARBITRATION OF NIALPRACTICE. In the event a dispute arises between us re-
garding any alleged malpractice, such dispute shall be resolved by binding arbitration.
17. PRIVACY POLICY. All information we receive from you is held in confidence and
is not released to any person or entity outside of this law firm, except as agreed to by jou, or
as required under an applicable law or court order. We maintain physical and procedural safe-
guards to protect your personal nonpublic information. However,if you choose to communi-
cate by e-mail,we cannot guarantee that such communications will remain confidential.There-
fore,we recommend that sensitive information not be transmitted to us electronically.
If the above terms are acceptable,please indicate your consent and approval by signing
below and returning an original signed copy of this letter to us.
We look forward to working with you and thank you for the opportunity to represent
your interests.
Sincerely,
THE WHITMER LANV FIRM, LLC
By: R
ILent H. Whitmer
Managing Member
Town of Fraser
Letter Agreement for Legal Services
July 20, 2021
Page 6
CONSENT AND APPROVAL
The undersigned agrees to the terms and conditions of the above Letter Agreement
for Legal Services, dated July 20, 2021.
Signed:
TOWN OF FRASER
By:
Philip Vandernail,1\layor
MAILING ADDRESS: P.O. Box 370
Fraser, CO 80442
PHYSICAL ADDRESS: 153 Fraser Avenue
Fraser, CO 80442
PHONE NU-NiBER: 970-726-5491 (office)