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HomeMy Public PortalAboutTBP 2023-11-15Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday November 15, 2023 6:30 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 -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Information https://us02web.zoom.us/j/2590408013 Meeting ID: 259 040 8013 Phone 1 -346 -248 -7799 Koselig On Main Tour - Onsite Roll Call Approval Of Agenda Consent Agenda Minutes October 18, 2023 TBM 2023 -10 -18.Pdf Sign In Sheet October 18, 2023.Pdf Minutes November 1, 2023 TBM 2023 -11 -01.Pdf Sign In Sheet November 1, 2023.Pdf Treasurer's Report - Laurie Treasurers Report 111523.Pdf Resolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship - Sarah W Resolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship.pdf Colorado Snow Sculpting Championship Staff Briefing.pdf Colorado Snow Sculpting Championship Sanction Agreement 2024.Pdf Resolution 2023 -11 -06 GIS Contract With Northwest Colorado Council Of Governments Resolution 2023 -11 -06 GIS Contract With NWCCOG.pdf 2024 Fraser NWCCOG Contract.pdf Resolution 2023 -11 -07 200 Eisenhower Lease Agreement Resolution 2023 -11 -07 200 Eisenhower Lease Agreement.pdf 2024 200 Eisenhower Lease.pdf Resolution 2023 -11 -08 Fraser Valley Metropolitan Recreation District Lease Agreement Resolution 2023 -11 -08 FVMRD Lease Agreement.pdf 2024 FVMRD Lease Church.pdf Resolution 2023 -11 -09 Sharky's License Agreement Resolution 2023 -11 -09 Sharkys License Agreement.pdf 2024 License Agreement Sharkys.pdf Resolution 2023 -11 -10 Rendezvous License Agreement Resolution 2023 -11 -10 Rendezvous License Agreement.pdf 2024 License Agremt Sales Office Strg Sheds.pdf Well Lease.pdf Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) Public Hearing And Possible Action 2024 Budget Hearing 2024 Budget Message.pdf Budget Workbook 2024 Draft 11 -08 -2023.Pdf JFOC Budget 2024 Draft 11 -08 -2023.Pdf POP 2024 Budget.pdf Resolution 2023 -11 -15 Memorandum Of Understanding Headwaters Trail Alliance Resolution 2023 -11 -15 MOU Headwaters Trail Alliance.pdf 2024 MOU Headwaters Trail Alliance.pdf 2024 120 Zerex HTA Lease.pdf Resolution 2023 -11 -14 Building Department Budget Resolution 2023 -11 -14 Building Department Budget.pdf Resolution 2023 -11 -12 Levying Property Taxes Resolution 2023 -11 -12 Levying Property Taxes.pdf 2023 Aug TOF GC Assesor Cert Of Valuation.pdf Resolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund Resolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund 110923.Pdf Resolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies Resolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies 110923.Pdf Discussion And Possible Action Regarding Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR - Sarah W Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR.pdf KFFR MOU Staff Briefing.pdf Town Of Fraser_KFFR MOU.pdf DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election.pdf DDA Presentation_Town Of Fraser_ Butler Snow.pdf Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees - Sarah C Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees.pdf Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages - Antoinette Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages.pdf Liquor Licensing Staff Briefing.pdf Rezone Of Properties Into The Riverwalk District - Garrett This item is being postponed to the Board of Trustees meeting on December 6, 2023 to allow for a 15 -day public notice period, per state statute. 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). 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 Litigation Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Town Manager Contract Discussion And Possible Action Regarding Town Manager Contract 23.11.9 Town Manager Contract.pdf Updates Adjourn UPCOMING MEETING WEDNESDAY, DECEMBER 6, 2023 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M. 2.6:30 P.M. 3. 4. a. Documents: b. Documents: c. Documents: d. Documents: e. Documents: f. Documents: g. Documents: h. Documents: i. Documents: 5. 6. a. Documents: a.i. Documents: a.ii. Documents: a.iii. Documents: a.iv. Documents: a.v. Documents: 7. a. Documents: b. Documents: c. Documents: d. Documents: e. 8. 9. 10. a. Documents: 11. 12. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday November 15, 2023 6:30 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 Channelhttps://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID: 259 040 8013 Phone 1 -346 -248 -7799Koselig On Main Tour - OnsiteRoll CallApproval Of AgendaConsent AgendaMinutes October 18, 2023TBM 2023 -10 -18.PdfSign In Sheet October 18, 2023.PdfMinutes November 1, 2023TBM 2023 -11 -01.Pdf Sign In Sheet November 1, 2023.Pdf Treasurer's Report - Laurie Treasurers Report 111523.Pdf Resolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship - Sarah W Resolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship.pdf Colorado Snow Sculpting Championship Staff Briefing.pdf Colorado Snow Sculpting Championship Sanction Agreement 2024.Pdf Resolution 2023 -11 -06 GIS Contract With Northwest Colorado Council Of Governments Resolution 2023 -11 -06 GIS Contract With NWCCOG.pdf 2024 Fraser NWCCOG Contract.pdf Resolution 2023 -11 -07 200 Eisenhower Lease Agreement Resolution 2023 -11 -07 200 Eisenhower Lease Agreement.pdf 2024 200 Eisenhower Lease.pdf Resolution 2023 -11 -08 Fraser Valley Metropolitan Recreation District Lease Agreement Resolution 2023 -11 -08 FVMRD Lease Agreement.pdf 2024 FVMRD Lease Church.pdf Resolution 2023 -11 -09 Sharky's License Agreement Resolution 2023 -11 -09 Sharkys License Agreement.pdf 2024 License Agreement Sharkys.pdf Resolution 2023 -11 -10 Rendezvous License Agreement Resolution 2023 -11 -10 Rendezvous License Agreement.pdf 2024 License Agremt Sales Office Strg Sheds.pdf Well Lease.pdf Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) Public Hearing And Possible Action 2024 Budget Hearing 2024 Budget Message.pdf Budget Workbook 2024 Draft 11 -08 -2023.Pdf JFOC Budget 2024 Draft 11 -08 -2023.Pdf POP 2024 Budget.pdf Resolution 2023 -11 -15 Memorandum Of Understanding Headwaters Trail Alliance Resolution 2023 -11 -15 MOU Headwaters Trail Alliance.pdf 2024 MOU Headwaters Trail Alliance.pdf 2024 120 Zerex HTA Lease.pdf Resolution 2023 -11 -14 Building Department Budget Resolution 2023 -11 -14 Building Department Budget.pdf Resolution 2023 -11 -12 Levying Property Taxes Resolution 2023 -11 -12 Levying Property Taxes.pdf 2023 Aug TOF GC Assesor Cert Of Valuation.pdf Resolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund Resolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund 110923.Pdf Resolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies Resolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies 110923.Pdf Discussion And Possible Action Regarding Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR - Sarah W Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR.pdf KFFR MOU Staff Briefing.pdf Town Of Fraser_KFFR MOU.pdf DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election.pdf DDA Presentation_Town Of Fraser_ Butler Snow.pdf Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees - Sarah C Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees.pdf Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages - Antoinette Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages.pdf Liquor Licensing Staff Briefing.pdf Rezone Of Properties Into The Riverwalk District - Garrett This item is being postponed to the Board of Trustees meeting on December 6, 2023 to allow for a 15 -day public notice period, per state statute. 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). 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 Litigation Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Town Manager Contract Discussion And Possible Action Regarding Town Manager Contract 23.11.9 Town Manager Contract.pdf Updates Adjourn UPCOMING MEETING WEDNESDAY, DECEMBER 6, 2023 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M.2.6:30 P.M.3.4.a.Documents:b.Documents: c. Documents: d. Documents: e. Documents: f. Documents: g. Documents: h. Documents: i. Documents: 5. 6. a. Documents: a.i. Documents: a.ii. Documents: a.iii. Documents: a.iv. Documents: a.v. Documents: 7. a. Documents: b. Documents: c. Documents: d. Documents: e. 8. 9. 10. a. Documents: 11. 12. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday November 15, 2023 6:30 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 Channelhttps://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID: 259 040 8013 Phone 1 -346 -248 -7799Koselig On Main Tour - OnsiteRoll CallApproval Of AgendaConsent AgendaMinutes October 18, 2023TBM 2023 -10 -18.PdfSign In Sheet October 18, 2023.PdfMinutes November 1, 2023TBM 2023 -11 -01.PdfSign In Sheet November 1, 2023.PdfTreasurer's Report - LaurieTreasurers Report 111523.PdfResolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship -Sarah WResolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship.pdfColorado Snow Sculpting Championship Staff Briefing.pdfColorado Snow Sculpting Championship Sanction Agreement 2024.PdfResolution 2023 -11 -06 GIS Contract With Northwest Colorado Council Of GovernmentsResolution 2023 -11 -06 GIS Contract With NWCCOG.pdf2024 Fraser NWCCOG Contract.pdfResolution 2023 -11 -07 200 Eisenhower Lease AgreementResolution 2023 -11 -07 200 Eisenhower Lease Agreement.pdf2024 200 Eisenhower Lease.pdfResolution 2023 -11 -08 Fraser Valley Metropolitan Recreation District Lease AgreementResolution 2023 -11 -08 FVMRD Lease Agreement.pdf2024 FVMRD Lease Church.pdfResolution 2023 -11 -09 Sharky's License AgreementResolution 2023 -11 -09 Sharkys License Agreement.pdf2024 License Agreement Sharkys.pdfResolution 2023 -11 -10 Rendezvous License AgreementResolution 2023 -11 -10 Rendezvous License Agreement.pdf2024 License Agremt Sales Office Strg Sheds.pdf Well Lease.pdf Open Forum a. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk) Public Hearing And Possible Action 2024 Budget Hearing 2024 Budget Message.pdf Budget Workbook 2024 Draft 11 -08 -2023.Pdf JFOC Budget 2024 Draft 11 -08 -2023.Pdf POP 2024 Budget.pdf Resolution 2023 -11 -15 Memorandum Of Understanding Headwaters Trail Alliance Resolution 2023 -11 -15 MOU Headwaters Trail Alliance.pdf 2024 MOU Headwaters Trail Alliance.pdf 2024 120 Zerex HTA Lease.pdf Resolution 2023 -11 -14 Building Department Budget Resolution 2023 -11 -14 Building Department Budget.pdf Resolution 2023 -11 -12 Levying Property Taxes Resolution 2023 -11 -12 Levying Property Taxes.pdf 2023 Aug TOF GC Assesor Cert Of Valuation.pdf Resolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund Resolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund 110923.Pdf Resolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies Resolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies 110923.Pdf Discussion And Possible Action Regarding Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR - Sarah W Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR.pdf KFFR MOU Staff Briefing.pdf Town Of Fraser_KFFR MOU.pdf DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election.pdf DDA Presentation_Town Of Fraser_ Butler Snow.pdf Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees - Sarah C Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees.pdf Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages - Antoinette Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages.pdf Liquor Licensing Staff Briefing.pdf Rezone Of Properties Into The Riverwalk District - Garrett This item is being postponed to the Board of Trustees meeting on December 6, 2023 to allow for a 15 -day public notice period, per state statute. 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). 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 Litigation Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Town Manager Contract Discussion And Possible Action Regarding Town Manager Contract 23.11.9 Town Manager Contract.pdf Updates Adjourn UPCOMING MEETING WEDNESDAY, DECEMBER 6, 2023 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M.2.6:30 P.M.3.4.a.Documents:b.Documents:c.Documents:d.Documents:e.Documents:f.Documents:g.Documents:h.Documents:i.Documents: 5. 6. a. Documents: a.i. Documents: a.ii. Documents: a.iii. Documents: a.iv. Documents: a.v. Documents: 7. a. Documents: b. Documents: c. Documents: d. Documents: e. 8. 9. 10. a. Documents: 11. 12. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday November 15, 2023 6:30 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 Channelhttps://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID: 259 040 8013 Phone 1 -346 -248 -7799Koselig On Main Tour - OnsiteRoll CallApproval Of AgendaConsent AgendaMinutes October 18, 2023TBM 2023 -10 -18.PdfSign In Sheet October 18, 2023.PdfMinutes November 1, 2023TBM 2023 -11 -01.PdfSign In Sheet November 1, 2023.PdfTreasurer's Report - LaurieTreasurers Report 111523.PdfResolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship -Sarah WResolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship.pdfColorado Snow Sculpting Championship Staff Briefing.pdfColorado Snow Sculpting Championship Sanction Agreement 2024.PdfResolution 2023 -11 -06 GIS Contract With Northwest Colorado Council Of GovernmentsResolution 2023 -11 -06 GIS Contract With NWCCOG.pdf2024 Fraser NWCCOG Contract.pdfResolution 2023 -11 -07 200 Eisenhower Lease AgreementResolution 2023 -11 -07 200 Eisenhower Lease Agreement.pdf2024 200 Eisenhower Lease.pdfResolution 2023 -11 -08 Fraser Valley Metropolitan Recreation District Lease AgreementResolution 2023 -11 -08 FVMRD Lease Agreement.pdf2024 FVMRD Lease Church.pdfResolution 2023 -11 -09 Sharky's License AgreementResolution 2023 -11 -09 Sharkys License Agreement.pdf2024 License Agreement Sharkys.pdfResolution 2023 -11 -10 Rendezvous License AgreementResolution 2023 -11 -10 Rendezvous License Agreement.pdf2024 License Agremt Sales Office Strg Sheds.pdfWell Lease.pdfOpen Foruma. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk)Public Hearing And Possible Action2024 Budget Hearing2024 Budget Message.pdfBudget Workbook 2024 Draft 11 -08 -2023.PdfJFOC Budget 2024 Draft 11 -08 -2023.PdfPOP 2024 Budget.pdfResolution 2023 -11 -15 Memorandum Of Understanding Headwaters Trail AllianceResolution 2023 -11 -15 MOU Headwaters Trail Alliance.pdf2024 MOU Headwaters Trail Alliance.pdf2024 120 Zerex HTA Lease.pdfResolution 2023 -11 -14 Building Department BudgetResolution 2023 -11 -14 Building Department Budget.pdfResolution 2023 -11 -12 Levying Property TaxesResolution 2023 -11 -12 Levying Property Taxes.pdf2023 Aug TOF GC Assesor Cert Of Valuation.pdfResolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each FundResolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund 110923.PdfResolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And AgenciesResolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies 110923.Pdf Discussion And Possible Action Regarding Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR - Sarah W Resolution 2023 -11 -17 Memorandum Of Understanding With KFFR.pdf KFFR MOU Staff Briefing.pdf Town Of Fraser_KFFR MOU.pdf DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election DRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election.pdf DDA Presentation_Town Of Fraser_ Butler Snow.pdf Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees - Sarah C Ordinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees.pdf Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages - Antoinette Ordinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages.pdf Liquor Licensing Staff Briefing.pdf Rezone Of Properties Into The Riverwalk District - Garrett This item is being postponed to the Board of Trustees meeting on December 6, 2023 to allow for a 15 -day public notice period, per state statute. 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). 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 Litigation Executive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Town Manager Contract Discussion And Possible Action Regarding Town Manager Contract 23.11.9 Town Manager Contract.pdf Updates Adjourn UPCOMING MEETING WEDNESDAY, DECEMBER 6, 2023 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M.2.6:30 P.M.3.4.a.Documents:b.Documents:c.Documents:d.Documents:e.Documents:f.Documents:g.Documents:h.Documents:i.Documents:5.6.a.Documents:a.i.Documents:a.ii.Documents:a.iii.Documents:a.iv.Documents:a.v.Documents: 7. a. Documents: b. Documents: c. Documents: d. Documents: e. 8. 9. 10. a. Documents: 11. 12. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday November 15, 2023 6:30 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 Channelhttps://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID: 259 040 8013 Phone 1 -346 -248 -7799Koselig On Main Tour - OnsiteRoll CallApproval Of AgendaConsent AgendaMinutes October 18, 2023TBM 2023 -10 -18.PdfSign In Sheet October 18, 2023.PdfMinutes November 1, 2023TBM 2023 -11 -01.PdfSign In Sheet November 1, 2023.PdfTreasurer's Report - LaurieTreasurers Report 111523.PdfResolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship -Sarah WResolution 2023 -11 -16 Authorizing An Agreement With Snow Creations For The Colorado State Snow Sculpting Championship.pdfColorado Snow Sculpting Championship Staff Briefing.pdfColorado Snow Sculpting Championship Sanction Agreement 2024.PdfResolution 2023 -11 -06 GIS Contract With Northwest Colorado Council Of GovernmentsResolution 2023 -11 -06 GIS Contract With NWCCOG.pdf2024 Fraser NWCCOG Contract.pdfResolution 2023 -11 -07 200 Eisenhower Lease AgreementResolution 2023 -11 -07 200 Eisenhower Lease Agreement.pdf2024 200 Eisenhower Lease.pdfResolution 2023 -11 -08 Fraser Valley Metropolitan Recreation District Lease AgreementResolution 2023 -11 -08 FVMRD Lease Agreement.pdf2024 FVMRD Lease Church.pdfResolution 2023 -11 -09 Sharky's License AgreementResolution 2023 -11 -09 Sharkys License Agreement.pdf2024 License Agreement Sharkys.pdfResolution 2023 -11 -10 Rendezvous License AgreementResolution 2023 -11 -10 Rendezvous License Agreement.pdf2024 License Agremt Sales Office Strg Sheds.pdfWell Lease.pdfOpen Foruma. Business not on the agenda (If you would like to request time on a future agenda please contact the Town Clerk)Public Hearing And Possible Action2024 Budget Hearing2024 Budget Message.pdfBudget Workbook 2024 Draft 11 -08 -2023.PdfJFOC Budget 2024 Draft 11 -08 -2023.PdfPOP 2024 Budget.pdfResolution 2023 -11 -15 Memorandum Of Understanding Headwaters Trail AllianceResolution 2023 -11 -15 MOU Headwaters Trail Alliance.pdf2024 MOU Headwaters Trail Alliance.pdf2024 120 Zerex HTA Lease.pdfResolution 2023 -11 -14 Building Department BudgetResolution 2023 -11 -14 Building Department Budget.pdfResolution 2023 -11 -12 Levying Property TaxesResolution 2023 -11 -12 Levying Property Taxes.pdf2023 Aug TOF GC Assesor Cert Of Valuation.pdfResolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each FundResolution 2023 -11 -11 Summarizing Revenues And Expenditures For Each Fund 110923.PdfResolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And AgenciesResolution 2023 -11 -13 Appropriating Sums Of Money To Various Funds And Agencies 110923.PdfDiscussion And Possible Action RegardingResolution 2023 -11 -17 Memorandum Of Understanding With KFFR -Sarah WResolution 2023 -11 -17 Memorandum Of Understanding With KFFR.pdfKFFR MOU Staff Briefing.pdfTown Of Fraser_KFFR MOU.pdfDRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An ElectionDRAFT Ordinance 504 Establishment Of Downtown Development Authority And Calling An Election.pdfDDA Presentation_Town Of Fraser_ Butler Snow.pdfOrdinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees - Sarah COrdinance No. 503 Amending Chapter 2 Article 2 Regarding Board Of Trustees.pdfOrdinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages - AntoinetteOrdinance No. 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages.pdfLiquor Licensing Staff Briefing.pdfRezone Of Properties Into The Riverwalk District - GarrettThis item is being postponed to the Board of Trustees meeting on December 6, 2023 to allow for a 15 -day public notice period, per state statute.Executive SessionFor 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). 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 LitigationExecutive Session For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Town Manager Contract Discussion And Possible Action Regarding Town Manager Contract 23.11.9 Town Manager Contract.pdf Updates Adjourn UPCOMING MEETING WEDNESDAY, DECEMBER 6, 2023 BOARD OF TRUSTEES Please contact the Town Clerk to request accommodations to assist people with disabilities to participate in public meetings. Listening devices for people with hearing impairment are available upon request. Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us 1.6:00 P.M.2.6:30 P.M.3.4.a.Documents:b.Documents:c.Documents:d.Documents:e.Documents:f.Documents:g.Documents:h.Documents:i.Documents:5.6.a.Documents:a.i.Documents:a.ii.Documents:a.iii.Documents:a.iv.Documents:a.v.Documents:7.a.Documents:b.Documents:c.Documents:d.Documents:e.8.9. 10. a. Documents: 11. 12. Board Staff Direct : Define the service, product or value to be delivered Lead : Future focused planning Protect : Establish the operational boundaries to be respected by Staff and monitored by the Board Manage : Now focused policy and procedural guidance to ensure on time, on budget, and on target service delivery Enable : Advocacy, resource development, and role discipline Accomplish : Ensure the work defined by the direction of the Board of Trustees is accomplished FRASER BOARD OF TRUSTEES MINUTES DATE:October 18, 2023 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; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn, and Katie Soles Staff:Assistant Town Manager, Sarah Catanzarite; General Accountant, Becky Allison; Marketing and Communications Manager, Sarah Wieck; Finance Director, Laurie Waters; Public Works Director, Paul Johnson; Water Superintendent, Lucus Seffens; Town Planner, Garrett Scott; Police Chief, Glen Trainor; Town Attorney, Kent Whitmer Others:Todd Christiano, Matt Garcia, April Obermeyer, Barry Young, Joe Landen, Bill Schrum. Elliot Leslie Also see attached list Mayor Vandernail called the meeting to order at 7:07 p.m. 1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Kaydee Fisher, Lewis Gregory, Parnell Quinn, and Katie Soles were all present. 2.Approval of Agenda: Trustee Soles moved, and Trustee Waldow seconded the motion to approve the agenda. Motion carried: 7-0. 3.Consent Agenda: a)Minutes October 4, 2023 Trustee Waldow moved, and Trustee Gregory seconded the motion to approve the consent agenda. Motion carried: 7-0. 4. Open Forum:Matt Garcia, town resident, asked the Town for a moratorium on short- term rentals. 5.Discussion and Possible Action: Trustee Waldow moved, and Trustee Cerkvenik seconded the motion to suspend the Town Board meeting and move to the Liquor Licensing Authority. Motion carried: 7-0. a)Tin Cup Tavern Check in With Liquor Licensing Authority Page 2 of 3 Trustee Soles moved, and Trustee Cerkvenik seconded the motion to allow the probationary period to expire and allow Tin Cup Tavern to resume business as usual with no limited hours of operation. Require all new employees to attend Responsible Alcohol Vendor Training within two months of hiring. Motion carried: 7-0. Trustee Soles moved, and Trustee Cerkvenik seconded the motion to resume the Town Board meeting. Motion carried: 7-0. b)Treasurer's Report Lorraine Waters, Finance Director reported to the Board. c)Trustee Health Insurance Finance Director Waters presented a memo to the Board. No action was taken. d)Public Arts Committee Appointment Presented by Marketing and Communications Manager Sarah Wieck. Trustee Soles moved, and Trustee Cerkvenik seconded the motion to appoint April Obermeyer to the Public Arts Committee. Motion carried: 7-0. e)Resolution 2023-10-05 Authorizing Town Manager to Enter into A Contract with American Ramp Company Presented by Assistant Town Manager Sarah Catanzarite. Trustee Gregory moved, and Trustee Cerkvenik seconded the motion to approve Resolution 2023-10-05 Authorizing Town Manager to Enter into A Contract with American Ramp Company. Motion carried: 7-0. f)Downtown Development Formation Assistant Town Manager Catanzarite introduced Bill Schrum, with Downtown Colorado incorporated. Schrum presented. No action was taken by the Board. g)Comprehensive Plan Scope of Work Town Planner Garrett Scott presented. No action was taken. 7.Updates a) Capital Improvement Project Update Public Works Director Paul Johnson updated the Board. Projects include the Byers Avenue Water Line, Lions Ponds Bathrooms, sewer line on Leonard Lane. b)Other updates Page 3 of 3 Trustee Waldow let the Board know Mountain Parks Electric would be at Simple Coffee on Thursday, October 19th, with coffee and pastries for members. Trustee Cerkvenik stated that CDOT will be paving Highway 40 from where they stopped in Fraser in 2025. Trustee Gregory asked about the graffiti on the Market Street buildings. Chief Glen Trainor stated a report was made on the issue last week. 8.Adjourn: Trustee Soles moved, and Trustee Cerkvenik seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 8:56p.m. _____________________________ Becky Allison, General Accountant TOWN BOARD REGULAR MEETING REGISTRATION SHEET October 18, 2023 The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to the Town Board. Those wishing to address the Town Board will be allowed a three -minute presentation. A maximum of six (6) people will be allowed to address the Town Board at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Town Board Meeting, we would ask that you reserve your remarks for that specific date and time. Topics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religious creed, national origin, political affiliation, disability, sex, or marital status of any person are out of order and may end the speaker's privilege to address the Board. • Defamatory or abusive remarks or profanity are out of order and will not be tolerated. Anyone attending Town Board meetings must sign in to ensure accurate records and minutes. Sign your name, address, and email on the sign in sheet. Thank you for your cooperation. NAME PHYSICAL ADDRESS EMAIL /J/ /{ r C ( � . �i�/SrSe Cl (-2_1d rooAl, Ie m cv-4Lid- iitoi 1 '.?'' v\ c cjir•i) --)27 (-6,-•kitotAdeAl DV 6450td) ‘'c (1 FRASER BOARD OF TRUSTEES MINUTES DATE:November 1, 2023 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; Brian Cerkvenik, Lewis Gregory, Parnell Quinn and, Katie Soles Staff:Town Manager, Michael Brack; Town Clerk, Antoinette McVeigh; Assistant Town Manager, Sarah Catanzarite; Public Works Director, Paul Johnson; Town Planner, Garrett Scott; Wastewater Treatment Plant Superintendent, Joe Fuqua; Police Chief Glen Trainor Others:Brian Codding, Ipad, Iphone, Jenna Young, Layla Rosales, Mitch Graham, Kevin R, Joe Landen Mayor Vandernail called the meeting to order at p.m. 1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Brian Cerkvenik, Lewis Gregory, Parnell Quinn and, Katie Soles 2.Approval of Agenda: Trustee Soles moved, and Trustee Quinn seconded the motion to approve the amended agenda removing the Minutes of October 18, 2023. Motion carried: 6-0. 3.Consent Agenda: No items, Minutes moved to a future meeting. 4. Open Forum: Matt Borrow, Tony Eason and Joe Landen 5.Liquor And Beer Licensing Authority: Public Hearing and Possible Action: a)Simple Coffee Beer and Wine Liquor License Application Trustee Waldow moved, and Trustee Quinn seconded the motion to open the public hearing regarding Simple Coffee Beer and Wine Liquor License Application. Motion carried: 6-0. Town Clerk McVeigh presented; proof of publication was provided in the packet. Town Clerk swore in applicant Olivia Youngs. Olivia Youngs presented and answered questions. No Public Comment was taken. Page 2 of 3 Mayor Vandernail closed the public hearing regarding Simple Coffee Beer and Wine Liquor License Application. b)Resolution 2023-11-01 Simple Coffee CO Beer and Wine Liquor License Trustee Soles moved, and Trustee Quinn seconded the motion to approve Resolution 2023-11-01 Simple Coffee CO Beer and Wine Liquor License. Motion carried: 6-0. Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to resume the Board of Trustees meeting. Motion carried: 6-0. 6.Discussion and Possible Action: a)Resolution 2023-11-02 Approving Final Plats and Final Planned Development Plan for Alpenglow Planning Area 2w.2 Town Planner Garrett Scott presented to the Board. Applicant Clark Lipscomb and Layla Rosales presented to the Board. Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to approve Resolution 2023-11-02 Approving Final Plats and Final Planned Development Plan for Alpenglow Planning Area 2w.2 Motion carried: 5-1, Nay Gregory. b)Downtown Development Formation and Fiscal Analysis Troy Bernberg of Northland Securities presented to the Board. No Action taken. The DDA formation will be discussed at the next meeting. c)Resolution 2023-11-03 Authoring Town Manager to Sign a Letter of Engagement with Butler Snow LLP For Downtown Development Authority Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve Resolution 2023-11-03 Authoring Town Manager to Sign a Letter of Engagement with Butler Snow LLP For Downtown Development Authority. Motion carried: 6-0. d)Resolution 2023-11-05 Approving Real Estate Contracts Between Town of Fraser and Byson Real Estate CO. For The Sale of Certain Properties Public Comment was taken from Kevin Rafkin, Autumn Bishop, Greg Bechler, Barry Young, Paula Stewart, Tony Easom, Nicole Spiteri, Matt Barrow Trustee Soles moved, and Trustee Waldow seconded the motion to table the discussion until after the November 7, 2023 election. Motion carried: 6-0. e)Resolution 2023-11-04 Appointment to Fraser Donor Advised Funds Committee Trustee Soles moved, and Trustee Cerkvenik seconded the motion to appoint Parnell Quinn and Eileen Waldow to Fraser Donor Advised Funds Committee. Motion carried: 6-0. Page 3 of 3 7.Updates: a) Town Board Distribution Email. The Trustees agreed to the distribution email. Trustee Gregory left the meeting prior to the Executive Session. 8.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). Regarding Joint Facilities Oversite Committee Agenda Review. To include Town Manager, Michael Brack, Public Works Director, Paul Johnson and Wastewater Treatment Plant Superintendent, Joe Fuqua Trustee Waldow moved, and Trustee Soles seconded the motion to open the public hearing regarding Joint Facilities Oversite Committee Agenda Review. Motion carried: 5-0. Trustee Soles moved, and Trustee Cerkvenik seconded the motion to close the public hearing regarding Joint Facilities Oversite Committee Agenda Review. Motion carried: 5-0. 9.Adjourn: Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to adjourn. Motion carried: 5-0. Meeting adjourned at 9:56 p.m. _____________________________ Antoinette McVeigh, Town Clerk TOWN BOARD REGULAR MEETING REGISTRATION SHEET NOVEMBER 1, 2023 The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to the Town Board. Those wishing to address the Town Board will be allowed a three -minute presentation. A maximum of six (6) people will be allowed to address the Town Board at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Town Board Meeting, we would ask that you reserve your remarks for that specific date and time. Topics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religious creed, national origin, political affiliation, disability, sex, or marital status of any person are out of order and may end the speaker's privilege to address the Board. • Defamatory or abusive remarks or profanity are out of order and will not be tolerated. Anyone attending Town Board meetings must sign in to ensure accurate records and minutes. Sign your name, address, and email on the sign in sheet. Thank you for your cooperation. NAME PHYSICAL ADDRESS EMAIL 2 Z-,)' 1'a -d 4,,-1 12,/,,__ P- oe, V\-1/4--7 `'A 5S (Ve;(--L C C7C2SSI t/I-k F---\/CaCC-r---v - 1- ' l'-' ---d1444-t-t ( Ck \[(), ),As ce, l SuA l 41` [ �G Sivvvykr6CCa--CoWIQl �. 'Gl/ 1/(-.64'- CNel fo c--/t6,- - 2 6-'zk Zctao .,,,g,..,9.(...._.4,‹.,,,,, 0 Ypit--ort. 1.-ty 4f40- ev&rsitet-vE. NA e' coo 1 ,t/`-11.6- 1, 0 1,,c,h NAME PHYSICAL ADDRESS EMAIL 0 131 C (1 -_ Treasurer’s Report LAURIE WATERS FINANCE DIRECTOR Overview Statement of Funds Sales Tax Revenue 2022-2023 GF Reserves & Operations Positions 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 ■ Series]. ■ Series2 419 0 +0 Sales Tax Revenue by Month 2018 -2023 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 January February March April May June July August September October November December 2023 2022 2021 2020 2019 2018 Review and Looking Forward Accounts have declined due to capital project progress and completion. 113% of Budgeted Sales Tax Revenue at 83% of the year. Tax revenue is slightly higher than 2022 actuals for October. Off season and the ski area opened for early season 10/31/2023. May see increases for November depending on weekend traffic & Thanksgiving. TOWN OF FRASER RESOLUTION NO. 2023-11-16 AUTHORIZING AN EVENT AGREEMENT WITH COLORADO SNOW SCULPTING CHAMIONSHIP AT THE FIRE AND ICE EVENT WHEREAS, The Town will partner with Snow Creations to conduct the Colorado Snow Sculpting Championship in Fraser, Colorado February 7-10, 2024 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THE FOLLOWING: 1.Authorize the Town Manager to enter into an agreement with Snow Creations for $12,000. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS _15th DAY OF NOVEMBER, 2023. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Sarah Wieck, Marketing and Communications Manager DATE:November 8, 2023 SUBJECT:Snow Creations Agreement MATTER BEFORE BOARD: Snow Creations contract for the Colorado State Snow Sculpting Championship ACTION REQUESTED: Approval of Resolution 2023-11-16 Snow Creations contract for the Colorado State Snow Sculpting Championship BACKGROUND: Snow Creations Inc. has proven to be a reliable and proficient partner. Their expertise in managing large-scale events like the Colorado State Snow Sculpting Championship is a crucial asset to the Colorado Snow Sculpting Championship and Fire & Ice. 1.Experience: Having successfully collaborated with us the previous year, they understand our expectations and requirements. 2.Quality: Their ability to produce high-quality snow suitable for sculpting ensures a high standard for our event. 3.Participant Management: Snow Creations Inc. effectively handles the logistics of participant management, freeing up our local resources for other tasks. 4.Time Efficiency: Their swift and efficient operations guarantee a timely setup, ensuring the championship proceeds smoothly. Considering these benefits, Snow Creations Inc. remains our most reliable choice for this event. Other companies may lack the specific experience or resources to manage such a specialized event, resulting in potential complications or delays. Given our past positive experience and their particular capabilities, Snow Creations Inc. is the best choice for the town of Fraser. ALTERNATIVES: 1.Approve the contract for a different amount requested. 2.Don’t approve the contract. RECOMMENDATION: Motion to approve Resolution 2023-11-16 Snow Creations contract for the Colorado State Snow Sculpting Championship. FRASER, COLORADO FEBRUARY 7-10, 2024 Event Agreement THIS AGREEMENT IS MADE THIS DAY Nov 6, 2023 BY SNOW CREATIONS AND THE TOWN OF FRASER CO. RECITALS A. WinterFun, Inc. is the United States representative to the Association Internationale de Sculpture sur Neige et Glase (the “International Association”) and is sanctioned to conduct the United States National Snow Sculpting Competition (the “U.S. Competition”). B. WinterFun, Inc. conducts annually the U.S. National Competition, the winner is invited to participate in the International Snow Sculpting Competitions hosted by member countries. C. Snow Creations is sanctioned by WinterFun Inc. to be sole producer of the Colorado Snow Sculpting Championship (CSSC). CONDITIONS A. Snow Creations being hired as an independent entity, will conduct the Colorado Snow Sculpting Championship in Fraser, Co. Feb. 7-10 2024. The winner of the event is invited to the U.S. National Snow Sculpting Competition in Lake Geneva, Wi. 2025 in accordance with the sanctioning agreement between Winterfun Inc. and Snow Creations. B. Snow Creations needs a suitable site in Fraser to make snow for the event. Snow Creations has final determination of the snow making site. The site must be available at least 30 days prior to event and have access to a fire hydrant or adequate water source. C. Snow Creations and the town of Fraser owns all rights to photos, videos, ads, and promotional items associated with CSSC. Any use of said items to promote other events is strictly prohibited. Artists should be named where possible in photos or promotional materials. D. The Colorado Snow Sculpting Championship is the premier event. “Fire and Ice” or any other function going on during the competition shall be promoted as such and not directly related to or funded by Snow Creations or the CSSC. Co-marketing of both the CSSC and Fire and Ice is permissible. E. The event fee to put on the Colorado Snow Sculpting Championship is $12,000 payable in 2 increments. The first increment is due 11/15/2023 and the second payment due at the end of the event 2/10/2024. F. Snow Creations and the town of Fraser shall be held harmless from any and all accidents, damages, liabilities or claims that may result from or be caused by actions or inaction of Snow Creations or the production of the Colorado Snow Sculpting Championship including all snow making processes. AGREEMENTS A. The town of Fraser acknowledges that it is the intention of Snow Creations that the CSSC will be conducted in a uniform manner and subject to rules and regulations consistent with those for the U.S. National Competition. B. Snow Creations as an independent entity hired to organize the competition, has purchased liability insurance with respect to its snow sculpting competition and to name WinterFun Inc. as an additional insured thereof. Such liability insurance shall be in an amount no less than $500,000 per claim or $1 million in the aggregate. C. Snow Creations agrees to be responsible for all activities to organize, promote, and complete the CSSC. D. Anything the town of Fraser does to facilitate some of the processes to make the Colorado Snow Sculpting Championship possible and a success will be considered in volunteered value. E. This agreement shall commence in the dates herein and terminate March 1 2024, at which time a new contract can be negotiated. F. Snow Creations agrees to make the snow, provide the forms, coordinate to build the blocks of snow, invite the artists, coordinate the judging and oversee the competition to the standard of the US Nationals. G. Town of Fraser agrees to provide water and an adequate site to make the snow, as well as the heavy equipment to move the snow into forms. Town of Fraser also responsible for snow removal, working lights and display lights for artists, ceremony stage, and marketing. H. Town of Fraser responsible for food and lodging for artists and for Snow Creations employees during snow making, block building and the duration of the event, up to a maximum of $1000.00 for Snow Creations employees. MISCELLANEOUS A. This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements between parties, whether written or oral. B. This Agreement may be amended only in writing executed by both parties hereto. C. This Agreement may be executed in one or more counterparts, and each counterpart shall be deemed to be an original hereof. D. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue of a litigation commenced in connection with this agreement shall be in Grand County, Granby, Colorado. By SNOWCREATIONS/ Stephen Mercia And by ____________________________________________ Date Nov 6, 2023 Amendments: A) The cost for the event has increased for 2024. Snow Creations is committed to keeping the event in Fraser and growing the event. Extra monies paid to Snow Creations, will be spent back to improve the event. B) The sculptors need lights to carve snow on the final night. Spectators need lights to view the sculptures Fri night and Sat night. Lights are also needed for the award ceremony. My cost will increase if I need to rent/pay for lights. Line G in “Agreements” addresses lights. C) Extra costs will go to pay my staff. Ben Price is my photographer and marketing specialist. Ben was key in launching the new website for the event “Colorado Snow Sculpting Championship” to promote the event and find sponsors. D) I pay a staff to help with snow making, block building and carving the extra snow. Staff is responsible for supporting the competition. I need a bigger staff. E) The extra monies will be spent to improve the event. An award ceremony and ice sculptures and ice games are a couple ways to grow the event. F) Maintenance for my equipment this year. G) My increased staff needs the same housing and meals as I receive. TOWN OF FRASER RESOLUTION NO. 2023-11-06 A RESOLUTION ENTERING INTO A CONTRACT WITH NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG) FOR GIS SERVICES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Town Manager is hereby authorized to execute contract with Northwest Colorado Council of Governments (NWCCOG) for GIS Services with a term to expire December 31, 2024. 2.All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk NWCCOG GIS Service Center Subscription Contract Town of Fraser – Page 1 NWCCOG GIS SERVICE CENTER SUBSCRIPTION CONTRACT This agreement is made effective as of January 1, 2024 by and between Town of Fraser and Northwest Colorado Council of Governments (NWCCOG) GIS Service Center. The parties agree as follows: 1.AGREEMENT PERIOD. The term of this agreement shall commence January 1, 2024 and terminate by December 31, 2024. 2.DESCRIPTION OF SERVICES. ¾The NWCCOG GIS Service Center will provide 20 hours of service each month. Hours not utilized within the current quarter may be carried over until the end of next quarter (March 31st, June 30th, September 30th, December 31st), but cannot be carried-over beyond that point. ¾The NWCCOG GIS Service Center will provide the following services upon request: i Creation of base and thematic maps. i Data Creation and Maintenance (includes parcels, zoning/land use, addressing, data updating, utility and street inventories, database development/conversion/clean-up). i Queries and analysis. i Training and any general technical expertise ¾Any additional hours needed beyond the monthly allowance will be charged at a rate of $75/hour. ¾Local drive time (from Silverthorne or Denver) will count against the monthly hours at ½ time or as a one-way trip. ¾Expenses incurred, such as postage costs, will be an additional billing according to the NWCCOG GIS Services price list. 3.DATA. The data created and collected by NWCCOG is jointly owned by the Town of Fraser and NWCCOG. NWCCOG reserves the right to utilize the data for other regional projects as needed and to share this data with other public entities upon request. 4.COST, COMPENSATION AND PAYMENT PROCEDURE. NWCCOG’s compensation for this subscription is $1,400 each month. NWCCOG shall submit an invoice by the 15th of each month for payment of the following month’s services. Invoices must be paid by the 5th of the month for which the services are to be provided. The Town of Fraser may choose to pay for several months in advance, not to exceed 12 months. 5.ASSIGNMENT. NWCCOG’s obligations under this agreement may not be assigned or transferred to any other person, firm, or corporation without prior written consent of the Town of Fraser. 6.CHANGES OR TERMINATION. This agreement shall be effective from January 1, 2024 through December 31, 2024. Town of Fraser reserves the right to increase or decrease the subscription level or terminate the contract for any reason upon 14 days written notice to NWCCOG. NWCCOG reserves the right to discontinue subscription services to the GIS Service Center upon 14 days written notice to the Town of Fraser. NWCCOG GIS Service Center Subscription Contract Town of Fraser – Page 2 7.RELATIONSHIP OF PARTIES. The parties understand that NWCCOG is an independent contractor with respect to the Town of Fraser, and persons assigned by NWCCOG to provide these GIS services are not employees of the Town of Fraser. 8.NOTICES. All notices required or permitted under this agreement shall be in writing and shall be deemed delivered in person or deposited in the U.S. mail, addressed as follows: If to Fraser: Town of Fraser P.O. Box 120 Fraser, CO 80442 If to NWCCOG: Northwest Colorado Council of Governments P.O. Box 2308 Silverthorne, CO 80498 9.ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral. This agreement supercedes any prior written or oral agreements between the parties. 10.AMENDMENT. The agreement maybe modified or amended by the mutual agreement of the parties if the amendment is made in writing and is signed by both parties. 11.SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 12.WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement. 13.RETURN OF RECORDS. Upon termination of this agreement, NWCCOG shall return any records, notes, data, memorandum, models, or other materials that were provided to NWCCOG by the Town of Fraser that the Town of Fraser may request NWCCOG to return. 14.APPLICABLE LAW. This agreement shall be governed by the laws of the State of Colorado. 15.ILLEGAL ALIENS. A.Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien and that Contractor has participated or attempted to participate in the basic pilot program administered by the U.S. Department of Homeland Security in order to verify that it does not employ any illegal aliens. B.Prohibited Acts. Contractor shall not: 1.Knowingly employ or contract with an illegal alien to perform work under this Agreement; or 2.Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. NWCCOG GIS Service Center Subscription Contract Town of Fraser – Page 3 C. Verification. 1.Contractor has verified or attempted to verify through participation in the basic pilot program administered by the U.S. Department of Homeland Security that Contractor does not employ any illegal aliens and, if Contractor is not accepted into the basic pilot program prior to entering into this Agreement, that Contractor shall apply to participate in the basic pilot program every three (3) months until Contractor is accepted or this Agreement has been completed, whichever is earlier. 2.Contractor shall not use basic pilot program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3.If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: i. Notify the subcontractor and the Town within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (i) hereof, the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. D.Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year first written above. ___________________________________ Town of Fraser ___________________________________ Date ___________________________________ NWCCOG ___________________________________ Date TOWN OF FRASER RESOLUTION NO. 2023-11-07 A RESOLUTION APPROVING A LEASE AGREEMENT FOR THE PROPERTY LOCATED AT 200 EISENHOWER IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Town Board of Fraser, Colorado hereby approves the lease agreement and authorizes the Town Manager to execute the lease agreement. 2.All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER, 2023 Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk 1 LEASE AGREEMENT THIS AGREEMENT is made and entered into January 1, 2024, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (“Landlord”), and Tenille Obe (“Tenant”). ARTICLE 1.0 - RECITALS AND PURPOSE 1.1 Landlord is the owner of the building located at 200 Eisenhower, situated in the Town of Fraser, County of Grand, State of Colorado. 1.2 Tenant desires to lease the property in order to operate a service business. 1.3 Landlord has determined that the property is not currently needed for the Landlord’s purposes, and that the leasing of said premises to Tenant would serve a valid public purpose by putting a vacant property into productive use and contributing to the local economy. 1.4 Landlord and Tenant desire to confirm their understanding and agreement concerning said lease, all as more fully provided herein below. NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein, the parties agree as follows: ARTICLE 2.0 - DEMISE 2.1 For and in consideration of the performance of the covenants and agreements herein contained to be kept and performed by Tenant, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the 200 Eisenhower, subject to all land use and building and zoning codes, resolutions and regulations; and subject to all reservations, exceptions, restrictions, covenants and easements of record or visible. 2.2 During the term of this lease, Tenant shall also have the right to use the parking area adjacent thereto. 2.3 Tenant agrees to accept the facility "as is"; and Landlord makes no warranty or representation, express or implied, with respect to the merchantability, condition, quality, design, operation, fitness for a particular purpose, or workmanship of the property, in any respect whatsoever. ARTICLE 3.0 - TERM 3.1 The term of this Lease shall commence January 1, 2024 ending at midnight on December 31, 2024. 3.2 This Lease may be renewed or extended for an additional term upon mutual agreement of the parties and upon such terms and conditions as may then be agreed upon. Any such renewal or extension of this Lease shall be evidenced only by a writing signed by both Landlord and Tenant. 2 ARTICLE 4.0 - RENT/SERVICES; SECURITY DEPOSIT 4.1 Rental for the full Term of $5,100 along with water and sewer service fees of $1,224.00 shall be paid in monthly installment of $527.00 payable in advance, on or before twelve o’clock noon on the first day of each calendar month during the term of this Lease at the office of the Landlord at 153 Fraser Avenue, Fraser, Colorado, without notice (“Rent”). The first payment shall be due January 1, 2023. 4.2 Tenant shall provide a security deposit in the amount of $500 as condition of this lease. ARTICLE 5.0 - USE OF PREMISES; RESERVATIONS BY LANDLORD 5.1 Tenant may occupy and use the property for the operation of a dog grooming facility and related activities. No other uses shall be permitted without the written consent of Landlord. 5.2 Landlord reserves the right to enter upon the property at any reasonable time to inspect the premises, to show them to prospective purchasers or tenants, or for any other purpose deemed appropriate by Landlord, so long as the exercise of such right of entry does not unreasonably interfere with Tenant’s use of the property. ARTICLE 6.0 - PROTECTION OF PROPERTY, ALTERATIONS, MAINTENANCE AND UTILITIES 6.1 Tenant covenants and agrees: 6.1.1 Not to commit or permit the commission by others of any waste upon the premises; and 6.1.2 Not to remove or allow any other person to remove any improvements or fixtures of any kind without Landlord's prior written consent. 6.2 Tenant may install improvements upon the property only upon written consent of the Landlord. At the time of execution of the lease, Landlord approves the following improvements: installation of a rustic wood/rubber floor, a new window in the north wall, a new south door, a storm door on the north door, an in-floor sink, and a front porch light and indoor track lighting. Before commencing any additional improvements, Tenant shall submit the plans for any alterations, showing the design proposed, and Landlord’s written approval of such plans shall be required before Tenant proceeds with the proposed alterations. Landlord agrees not to unreasonably withhold approval of such plans, but may require reasonable changes therein. As a condition of approval of such plans, Landlord may require Tenant to post a security deposit, in such amount as may be deemed appropriate by Landlord, to secure Tenant’s obligation to remove any such partitions or other alterations and restoration of the premises upon termination of this Lease. Such security deposit shall be in addition to any other deposit required from Tenant pursuant to this Lease. 6.3 Subject to Landlord's written approval, Tenant may erect appropriate signs to advertise its business; provided that any such signage must comply with the Fraser Sign Code. Prior to installation, Tenant shall submit the proposed sign design, including layout, materials and location, for Landlord’s approval along with an appropriate Sign Permit Application, and Landlord shall respond in writing within 30 days. 3 6.4 Except as provided in Sections 6.2 and 6.3, Tenant shall not make any other material alterations or improvements to the property without Landlord's prior written consent. Any permanent improvements made to the property by Tenant during the lease term, except for movable trade fixtures installed by Tenant, shall be deemed a part of the real estate and, at the election of the Landlord, shall remain a part of the property at the expiration or termination of this Lease. If requested by Landlord following the expiration or termination of this Lease, Tenant shall promptly remove any improvements installed by Tenant and shall restore the Property to the condition it was in upon the commencement of this Lease. Tenant shall remove all of Tenant's personal property and any movable trade fixtures installed by Tenant at the expiration or termination of this Lease and shall promptly repair any damage caused by such removal. Tenant shall promptly pay for any work done or materials furnished on or about the property at Tenant's instance and shall indemnify Landlord from and against any claims relating to such work. 6.5 Landlord shall be responsible for the following maintenance and utilities, at Landlord’s expense, except for any maintenance or repair required due to misuse or negligence by Tenant or its employees, which shall be the responsibility of Tenant: 6.5.1 Exterior building maintenance, including painting or staining, and any structural repairs, as deemed necessary by Landlord; 6.5.2 Any necessary maintenance and repair of the water and sewer service lines to the Property. This does not include frozen or obstructed service lines resulting from Tenant’s use of the property. 6.6 Tenant shall be responsible for payment of all utility services to the property and for providing all maintenance and repairs necessary to keep the facility and all fixtures and improvements therein in a condition as good as at the time Tenant took possession, ordinary wear and tear excepted. This obligation includes necessary maintenance and repairs of utility systems, such as heating and plumbing fixtures. ARTICLE 7.0 - TAXES, INSURANCE AND INDEMNIFICATION 7.1 Tenant shall pay any and all personal property, sales, use, withholding and other taxes with respect to Tenant's personal property and its operations at the property. 7.2 Landlord may, at its option and expense, maintain general hazard insurance upon the property during the lease term. Tenant understands that any such insurance maintained by Landlord will not cover any of Tenant's equipment, trade fixtures or other personal property on the premises or any interruption of Tenant’s business; and in the event Tenant desires such insurance coverage, it shall obtain it at its own expense. 7.3 Tenant agrees to indemnify and hold harmless Landlord, its officers, employees, insurers and/or self-insurance pools, from and against all liabilities, losses, claims, demands, damages and expenses, including reasonable attorney fees, incurred or suffered by Landlord as a result of: (a) failure by Tenant to perform any covenant required to be performed by Tenant hereunder; (b) any accident, injury, or damage caused by, resulting from, arising out of or in any manner connected with the use of the property; and (c) failure by Tenant to comply with any requirement of any governmental authority. 7.4 Tenant agrees to obtain and keep in force, at Tenant's expense, during the entire term of this Lease, such liability insurance as will fully protect Tenant from claims under Worker's Compensation and other employee benefit laws for bodily injury and death and for property damage that may arise out of Tenant's operations in the property. Tenant shall also maintain, at its 4 expense, a policy of comprehensive general public liability and property damage insurance, providing coverage of both Tenant and Landlord for claims for damages for bodily injury, including wrongful death, as well as claims for property damages, which may arise from the ownership, maintenance, use or operation of the property, whether or not the foregoing described uses and activities be by Tenant or by anyone directly or indirectly employed by Tenant. Such insurance shall be maintained in amounts of not less than $150,000.00 for injury to one person in any single occurrence and not less than $600,000.00 for injury to two or more persons in any single occurrence, or such larger amounts as correspond with the recovery limits applicable to governmental entities under C.R.S. 24-10-114(1) as the same may be from time to time amended. The policy shall be endorsed to include Landlord as an additional insured and to provide that the coverage afforded under the policy shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been give to Landlord. Such coverage shall be primary insurance, and any insurance carried by Landlord or carried or provided through any insurance pool to which Landlord belongs shall be excess and not contributory insurance to that provided by Tenant. Upon Landlord’s request, Tenant shall promptly furnish Landlord with a certificate of insurance evidencing the insurance coverage required by this Paragraph. 7.5 Failure on the part of Tenant to procure and maintain policies providing the required insurance coverage, conditions, and minimum limits provided in this Article shall constitute a material breach of this Agreement, for which Landlord may immediately terminate this Agreement, or at its discretion, Landlord may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all sums so paid by Landlord shall be repaid by Tenant upon demand. 7.6 Landlord and Tenant understand and agree that Landlord is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to Landlord, its officers, or its employees. ARTICLE 8.0 - ASSIGNMENT OR SUBLETTING 8.1 Tenant shall not assign its interests under this Lease nor sublet the property, in whole or in part, without first obtaining Landlord's express written consent in each instance. In the event of any permitted assignment or subletting hereunder, Tenant shall remain liable to Landlord for the performance of all terms, covenants and provisions of this Lease, unless Tenant is released in writing by Landlord. ARTICLE 9.0 - DEFAULT BY TENANT; REMEDIES 9.1 Time is of the essence of this Lease with respect to the performance by Tenant of its obligations hereunder. If Tenant shall default in the performance of any of its obligations under this Lease, Landlord may give written notice of such default to Tenant. If the default is not cured within ten (10) days after such written notice is given, Landlord may elect to terminate this Lease by giving a further written notice of such termination to Tenant. If such further notice is given, this Lease shall terminate on the date fixed in such notice as completely as if that were the date herein definitely fixed for expiration of the term of this Lease, and Tenant shall then surrender the Leased Property to Landlord. 9.2 No remedy conferred upon or reserved to Landlord shall exclude any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute. 5 9.3 In the event of any litigation or arbitration arising out of or relating to this Lease, the Court shall award to the prevailing party all reasonable costs and expenses thereof, including attorney fees. ARTICLE 10.0 - NOTICE 10.1 Except as otherwise expressly provided herein, all notices required or permitted under this Lease shall be in writing and shall be delivered in person or sent by United States certified mail, return receipt requested. If sent by mail, a notice shall be deemed to have been properly given when deposited in any post office, branch post office, or mail depository regularly maintained by the United States Postal Service and sent by certified mail, return receipt requested, with postage thereon pre-paid, addressed as follows: To Landlord: Town of Fraser P.O. Box 370 Fraser, CO 80442 To Tenant: Tenille Obe PO Box 3070 Winter Park, CO 80482 or addressed to each respective party at such other address as such party may hereafter furnish to the other party in writing. ARTICLE 11.0 - MISCELLANEOUS PROVISIONS 11.1 This Lease shall be construed under and shall be governed by the laws of the State of Colorado, the state courts of which shall have exclusive jurisdiction over any court action arising therefrom. 11.2 This Lease embodies the entire agreement and understanding between the parties relating to the subject matter hereof and may not be altered or amended except by writing signed by Landlord and Tenant and specifically referring hereto. 11.3 Except as otherwise expressly provided herein, this Lease and the rights and duties of Landlord and Tenant hereunder shall be binding upon and shall inure to the benefit of their respective successors and permitted assigns. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures, effective the date first above mentioned. LANDLORD TOWN OF FRASER, COLORADO ________________________________ Michael Brack Town Manager ATTEST: __________________________________ Town Clerk 6 TENANT ____________________________________ STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day of 2024, by , Notary Public My commission expires: [SEAL] TOWN OF FRASER RESOLUTION NO. 2023-11-08 A RESOLUTION APPROVING A LEASE AGREEMENT WITH FRASER VALLEY METROPOLITAN RECREATION DISTRICT FOR THE PROPERTY LOCATED AT 107 EISENHOWER IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Town Board of Fraser, Colorado hereby approves the lease agreement and authorizes the Town Manager to execute the lease agreement. 2.All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk L E A S E Historic Church and Program Building Lessor:The Town of Fraser Board of Trustees 153 Fraser Avenue P.O. Box 370 Fraser, Colorado 80442 Referred to as the “Town” or “Fraser” throughout this document. Lessee:Fraser Valley Metropolitan Recreation District P.O. Box 3348 Winter Park, CO 80482 726-8968 Referred to as FVMRD or “tenant” throughout this document. Premise:This lease provides for the exclusive use of that portion of the building located at 117 Eisenhower Ave commonly referred to as the modular addition. Collectively, the premise description is referred to as “the facility” or “the premise” in this document. Uses:FVMRD activities and classes. Terms:The initial term of the Lease commences January 1, 2024 and shall terminate on December 31, 2024. No Lease shall be valid for more than one (1) year unless approved by Town Ordinance. Rent of $0 monthly in accordance with the terms of the Intergovernmental Agreement between the Town of Fraser and the Fraser Valley Metropolitan Recreation District. This rent will be evaluated annually concurrent with annual updates to the Intergovernmental Agreement. FVMRD shall be responsible for its proportionate share of utility and cleaning costs for the building. Provisions:FVMRD shall be responsible for all damages to the facility and/or persons that are the result of FVMRD sponsored programs. Failure to keep the facility in a clean, orderly, and safe fashion may result in the Town initiating corrective actions (cleaning, repair, etc.) that will be charged against the lessee’s damage deposit. Fraser shall be responsible for replacement or repair of all permanent fixtures in the building, including electrical, heating, landscaping, the roof structure, and plumbing. IN CONSIDERATION of the mutual promises contained herein and of the rents and other payments to be made by Tenant to the Town of Fraser, the parties hereto agree as follows: 1.The Town of Fraser hereby specifically states that this Lease is in the best interests of the municipality and this Lease is being made pursuant to the provisions of Title 31-15-713, Colorado Revised Statutes, 1973, as amended, and is subject to the provisions contained therein. 2.The Town of Fraser, by and through its Board of Trustees, hereby leases to designated Tenant the premises (being a certain described area located in the building on Lots 26 and 27, Block 8 First Addition to the Town of Fraser, County of Grand, State of Colorado), on the terms, conditions and provisions contained herein. 3.Subsequent to the initial term of the Lease as set forth herein, if Tenant shall remain in possession of the premises, without a written agreement for any extension, then such holding over shall be deemed and taken to be a holding upon a tenancy at will at a rental amount as herein provided, payable in advance on the same day of each month as herein provided, all other terms and conditions of this Lease remaining the same. Such tenancy at will may be terminated by either party having given five (5) days notice in writing of such termination notwithstanding that neither party may be in violation of any terms, provisions, conditions or rent payments provided herein. 5.Town’s Warranties. A. Town warrants peaceful possession and uses set forth herein unto the Tenant of the premises. B. Town shall provide and pay for water, sewer, trash removal and snow plowing. C. Town shall make all repairs it deems necessary to the roof, structural portion of the building, exterior walls, parking lots, hallways, plumbing, electrical and heating systems, and other repairs not caused by Tenant’s acts nor the acts of any of Tenant’s guests, invitees, customers, employees or associates. 6.Tenant’s Obligations. A. Tenant shall pay all rents provided for herein when due. B. Tenant has full legal right to enter into this Lease and to make the rental payments provided for in this Lease. C. Unless Tenant is specifically described as a corporation in this Lease, then the individuals signing hereby agree to be personally obligated under this Lease. Town shall not object to substitution of individuals, if Tenant is not a corporation, so as to release the original persons from individual liability as described herein. D. Not to sublease nor allow any other persons or organizations to use the premises, either temporarily or permanently. E. To hold Town harmless and free of any liability resulting from any personal injury or property damage which may result from any failure of plumbing, sewers, water line, theft of any of Tenant’s property or valuable papers, damages caused by other Tenants or their guests, invitees, employees, associates or customers. F. To immediately repair or replace, without cost to Town, any damages caused by any of Tenant’s guest, customers, invitees, employees, associates or others on the property, in the building or at the premises because of Tenant’ use of the premises. G. To order no repairs or improvements to the expense of Fraser without first obtaining approval from the Town for any such repairs, replacements, improvements or alterations (including painting, wallpapering, carpeting, laying linoleum, installing curtain rods and curtains, drapery rods or drapes). All repairs and remodeling shall be to Town standards and approved by the Town. H. At the expiration and termination of this Lease, to surrender and deliver up said premises in as good order and condition as when the same were entered upon, ordinary wear and tear excepted. I. To use said premises for no purpose prohibited by the laws of the United States, State of Colorado, and the ordinances and regulations of the Town of Fraser. J. To neither permit nor suffer any disorderly conduct, noise, odors or nuisance whatsoever about said premises having a tendency to annoy or disturb any persons occupying adjacent premises. K. To neither permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading. L. No safe or article, the weight of which may constitute a hazard or danger to the building or its equipment, shall be moved onto the premises. M. Water closets, showers, sinks, tubs, and other water fixtures shall not be used for any purpose other than that for which the same are normally intended, and any damage resulting to the same from misuse on the part of the Tenant, its agents, employees, guests or invitees, shall be paid for by the Tenant. The tenant, its agents, employees, guests, or invitees shall not waste water by tying back or wedging the faucets, or in any other manner, except where posted to prevent freezing. N. To permit Town, or its designated agents, at any time, to enter upon and go through and view said premises. O. Not to use, store, carry or allow on the premises any oil, gas, inflammable liquids or other hazardous articles, nor any goods or do anything in or about said premises which will in any way tend to increase the insurance rates on said building. P. To pay all sales taxes, personal property taxes and all other taxes levied on the property or business of Tenants that are due from time to time. Q. To surrender and deliver up the possession of said premises promptly at the termination or expiration of this Lease. R. Not to mark upon, paint signs upon, cut, drill into, drive or use pneumatic or explosive devises to drive nails or screws into, or in any way deface the walls, ceilings, partitions or floors of the premises or property, including common areas of the building; and any defacement, damage or injury caused by the Tenant, guests, agents, employees or trespassers shall be paid for by Tenant. This clause shall not restrict Tenant from installing reasonable shelves or wall hangings required as ancillary to any lawful business of Tenant to the extent that such markings are reasonable and necessary. S. Not use any public or Town telephone for regular business usage nor for leaving of any messages for Tenant. If Tenant desires installation of its own telephone, such expense, including installation and regular charges, shall be paid by Tenant. T. Town will not be carrying insurance for, nor will it be responsible for, any loss, theft, damage, destruction or misuse of any of Tenant’s personal property. U. Tenant shall carry its own insurance and indemnify the Town pursuant to C.R.S. 24- 10, as well as listing the Town as an “additionally insured” party on Tenant’s policy. A certificate of insurance showing the same shall be provided to the Town upon signing this lease. V. To comply with any additional Rules and Regulations that the Town may adopt to facilitate the public safety, health and welfare in the management of said Community Building. W. Tenant shall make reasonable cleaning and organizing of the area as a courtesy to those who will also use the building. X. General janitorial maintenance of floors, walls, windows and doors in the building areas utilized by FVMRD shall be provided by FVMRD. Y. Tenant shall allow use of facility by Town as needed for meeting space and as long as the Town’s use does not conflict with FVMRD scheduling. 7.Building Security Fraser and FVMRD recognize their responsibility and the importance of providing a safe, secure environment for their respective programs and missions. To this end, keeping the building safe and secure is a mutual goal of both parties and each agree to the following: A. FVMRD shall not install any different or additional locks on any doors or windows without first obtaining written consent of Town and delivery to the Town of a key for each such different of additional locks. The Town will not access the property without first providing reasonable notice, if possible. 8.Signs. Tenant shall be allowed to install appropriate signage to identify the location of Tenant’s premises. However, such sign, and any exterior sign that the Town might permit, shall comply with Sign Ordinance and be approved by the Town prior to installation. Such approval may be withdrawn at a later date in order to make uniform the size, style, design, lettering or content of any signs that all Tenants in the building will be permitted to utilize. 9.Parking. A. Tenant, together with Tenant’s employees, guests, and agents, may use the parking areas provided adjacent to the building. However, if town designates certain areas for other uses or for parking by town, Tenant or other Tenants, then Tenant hereby agrees to comply with such designation. B. No cars, trucks, materials or other articles or vehicles, shall be parked or stored on the property unless the Tenant is physically present in the building. No parking shall be permitted overnight nor on weekends. No Tenant shall store any equipment or other articles on any part of the property except for the designated premises. 9.Advertising. If Tenant does any advertising, then the Tenant shall designate the location of its premises as being in the Fraser Municipal Complex. 10.Assignment. A. Tenant shall not assign or transfer this Lease, or any part thereof. B. Tenant shall not sublease the premises or any part thereof. 11.Mechanics’ Liens. Tenant shall not do or suffer anything to be done whereby the premises or any part of the property described in this Lease may be encumbered by a mechanic’s or similar lien; and if, whenever, and as often as any mechanic’s or any similar lien is created against the said premises or property, purporting to be for or on account of labor done or materials or services furnished in connection with any work in or about the premises or property, done by, for or under the authority of the Tenant, or anyone claiming by, through or under him, Tenant shall discharge the same and cause it to be released of record within ten (10) days after the date of filing. 12.Default and Attorney’s Fees. A. If Tenant be in default of any provision or obligation contained herein, and such default is not corrected within five (5) days after receipt of written notice of default from Town at the address set forth herein, then Town shall have the right to terminate this Lease. Such termination shall be effectuated by Town sending a Notice to Vacate to Tenant at the address set forth herein, which termination shall be effective three (3) days after mailing of such Notice to Vacate. Upon such termination, Town may retake possession of the premises, change locks and retain possession of any of Tenant’s personal property pursuant to its lien rights described herein. No such termination shall prevent Town from pursuing any legal remedies for collection of any sums due from Tenant under any provisions of this Lease. B. If any sums of money are due to Town or if Town is obligated to pay any debts of Tenant, then Town shall have a lien on any personal property of Tenant located on such premises, whether or not this Lease has been terminated. In such case, Town shall have the right to retain exclusive possession of the personal property and to sell the same at public auction after sixty (60) days subsequent to date of possession, if such sums due from Tenant are not paid within sixty (60) days. C. Tenant shall pay all reasonable attorney’s fees and court costs of Town if Town hires an attorney on account of breach by Tenant of any terms of this Lease, whether or not this Lease is terminated as a result of such breach, or if Town institutes litigation against Tenant for unlawful detainer, or if Town is made a party to any litigation instituted by a third person, relating to these premises leased to Tenant, wherein Town is not at fault. Such reasonable attorney’s fees and costs incurred by Tenant shall be paid by Tenant whether or not any such litigation is prosecuted to judgment or is settled. Dated: TOWN OF FRASER A Municipal Corporation By: _________________________ Michael Brack, Town Manager ATTEST: By:_____________________________ Town Clerk TENANT By: ___________________________ Scott Ledin, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day of 2023, by , Notary Public My commission expires: [S E A L ] TOWN OF FRASER RESOLUTION NO. 2023-11-09 A RESOLUTION APPROVING A LICENSE AGREEMENT WHICH PERMITS AN OFF- PREMISE SIGN, WITH CONDITIONS, WITH THE OWNERS OF SHARKY’S EATERY, LOCATED AT 221 DOC SUSIE AVENUE IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Town Board of Fraser, Colorado hereby approves the license agreement and authorizes the Town Manager to execute the license agreement. 2.All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023 Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement”) is made and entered into on January 1, 2024, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (the “TOWN”) and Kaydee Fisher, owner of Sharky’s Eatery (“LICENSEE”), located at 221 Doc Susie Avenue in Fraser. This agreement is effective upon execution of the LICENSEE and following execution by the Manager of the Town of Fraser on the date indicated below. ARTICLE 1.0 – RECITALS AND PURPOSE. 1.1 The TOWN is the owner of certain property, commonly known as the Mustang property; more legally described as Lots 17-19, Block 5, Town of Eastom AKA Town of Fraser (“TOWN property”). 1.2 LICENSEE has requested permission to place an off-premises sign on said TOWN property. 1.3 In accordance with the Fraser Municipal Code Section 16-10-330, “Off- premises signs may be permitted if the business street frontage is not on US 40. Property owner permission is required and off-premises signs must be approved by the Board of Trustees on a case-by-case basis.” 1.4 The TOWN is willing to grant a revocable license to the LICENSEE under the terms and conditions as hereinafter specified in this Agreement. ARTICLE 2.0 – TERMS AND CONDITIONS. In consideration of the TOWN’S agreement to permit the LICENSEE to place an off-premises sign upon the TOWN’S property, and in consideration of the Fraser Municipal Code, TOWN and LICENSEE agree as follows: 2.1 TOWN hereby grants to the LICENSEE a revocable license to place an off-premises sign on said TOWN property with such limitations as are set forth herein, including, but not limited to: a.The one sign allowed by this Agreement shall be constructed, installed, placed, kept and repaired at LICENSEE’S sole expense and LICENSEE agrees to maintain said sign in good repair during the period of this Agreement as depicted below. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com b.LICENSEE understands and agrees that the TOWN shall not be liable or responsible for any costs related to any damage, maintenance, repair, or removal of the one sign pursuant to this Agreement. c.LICENSEE shall apply for a sign permit and pay the applicable fee. 2.2 The license as granted in paragraph 2.1 above shall continue from the date of this Agreement to the time that this Agreement is terminated. The TOWN may terminate this Agreement at any time by giving forty-eight (48) hours notice in advance of the effective date of termination and specifying the date of termination therein and, in the event the TOWN exercises said right to terminate, LICENSEE expressly agrees to remove the sign from the TOWN’S property by the effective date of termination and return such property to its original condition as promptly thereafter as is reasonably possible. This license shall automatically renew each calendar year unless there is a change in ownership. 2.3 LICENSEE expressly agrees to indemnify and hold harmless the TOWN and any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorney’s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including, but not limited to, any person, firm, partnership, or corporation, in connection with, arising out of, or relating to the issuance of this license. 2.4 LICENSEE agrees to name the TOWN as an additional insured on their insurance policy and provide written verification of same to the TOWN. 2.5 The TOWN does not waive, nor shall anything herein be construed as a waiver of, any of the rights, privileges, or immunities granted to it under the Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as amended. 2.6 LICENSEE agrees to repair and reconstruct any damage to the TOWN”S property prior to or immediately upon termination of this Agreement for any reason and return such property to its original condition at the expense of LICENSEE and at no expense to the TOWN. ARTICLE 3.0 – ASSIGNMENT. This Agreement shall not be assigned by LICENSEE without the prior written consent of the TOWN which may withhold its consent for any reason. ARTICLE 4.0 – EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. ARTICLE 5.0 – INTEGRATION AND AMENDMENT. This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. ARTICLE 6.0 – NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement , and all rights of action relating to such enforcement, shall be strictly reserved to the TOWN and the LICENSEE, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third party on such Agreement. TOWN OF FRASER A Municipal Corporation By: Michael Brack, Town Manager ATTEST: By: Town Clerk LICENSEE By: Kaydee Fisher Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day of 2024, by , & . Notary Public My commission expires: [ S E A L ] TOWN OF FRASER RESOLUTION NO. 2023-11-10 A RESOLUTION APPROVING A REVOCABLE LICENSE AGREEMENT WITH RENDEZVOUS COLORADO, LLC PERMITING 2 SHEDS OWNED BY RENDEZVOUS COLORADO, LLC TO REMAIN ON TOWN PROPERTY AND ALLOWING THE TOWN TO CONDUCT RANDOM INSPECTIONS OF THE CONTENT OF THE SHEDS NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.That the Town Board of Fraser, Colorado hereby approves the attached license agreement and authorizes the Town Manager to execute the license agreement. 2.All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER, 2023. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement”) is made and entered into on January 1, 2024, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation, P.O. Box 370, Fraser, CO. 80442 (the “TOWN”) and Rendezvous Colorado, LLC, P.O. Box 149, Winter Park, CO. 80482 (“LICENSEE”). This agreement is effective upon execution of the LICENSEE and following execution by the Manager of the Town of Fraser on the date indicated below. ARTICLE 1.0 – RECITALS AND PURPOSE. 1.1 The TOWN is the owner of a certain 15,989 square foot parcel of property known as Well Site No.5 and legally described in Exhibit A (“TOWN property”). 1.2 LICENSEE has inadvertently erected 2 (two) storage sheds with concrete pads on said TOWN property. 1.3 LICENSEE has requested, and the Town has agreed to grant a revocable license to the LICENSEE under the terms and conditions as hereinafter specified in this Agreement. ARTICLE 2.0 – TERMS AND CONDITIONS. In consideration of the TOWN’S agreement to permit the LICENSEE to leave the two (2) existing storage sheds with concrete pads on said TOWN property, TOWN and LICENSEE agree as follows: 2.1 TOWN hereby grants to the LICENSEE a revocable license to leave in place the two (2) existing storage sheds with concrete pads on said TOWN property with such limitations as are set forth herein, including, but not limited to: a.LICENSEE shall perform best management practices so as not to engage in any activity which creates a foreseeable risk of damage or injury to the Town’s drinking water supply as outlined in the Town of Fraser Municipal Code, Article 3; Water Supply Protection District, Sections 13-3-10 through 13-3-90. b.The maintenance and repair of the 2 (two) existing storage sheds allowed by this Agreement shall be at LICENSEE’S sole expense and LICENSEE agrees to maintain said storage sheds in good repair during the period of this Agreement. In addition, the location of the two (2) storage sheds shall remain in the existing locations as depicted on the attached Exhibit B. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com c.LICENSEE understands and agrees that the TOWN shall not be liable or responsible for any costs related to any damage, maintenance and/or repair of the two (2) storage sheds pursuant to this Agreement. 2.2 The license as granted in paragraph 2.1 above shall continue from the date of this Agreement to the time that this Agreement is terminated. The TOWN may terminate this Agreement at any time by giving thirty (30) days written notice in advance of the effective date of termination and specifying the date of termination therein and, in the event the TOWN exercises said right to terminate, LICENSEE expressly agrees to remove the storage sheds from the TOWN’S property by the effective date of termination and return such property to its original condition as promptly thereafter as is reasonably possible. This license shall automatically renew each calendar year unless there is a change in ownership. 2.3 LICENSEE expressly agrees to indemnify and hold harmless the TOWN and any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorney’s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including, but not limited to, any person, firm, partnership, or corporation, in connection with, arising out of, or relating to the issuance of this license. 2.4 LICENSEE agrees to name the TOWN as an additional insured on their insurance policy and provide written verification of same to the TOWN. 2.5 The TOWN does not waive, nor shall anything herein be construed as a waiver of, any of the rights, privileges, or immunities granted to it under the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as amended. 2.6 LICENSEE agrees to repair and reconstruct any damage to the TOWN”S property prior to or immediately upon termination of this Agreement for any reason and return such property to its original condition at the expense of LICENSEE and at no expense to the TOWN. ARTICLE 3.0 – ASSIGNMENT. This Agreement shall not be assigned by LICENSEE without the prior written consent of the TOWN which may withhold its consent for any reason. ARTICLE 4.0 – EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. ARTICLE 5.0 – INTEGRATION AND AMENDMENT. This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. ARTICLE 6.0 – NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement , and all rights of action relating to such enforcement, shall be strictly reserved to the TOWN and the LICENSEE, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third party on such Agreement. TOWN OF FRASER A Municipal Corporation By: Michael Brack Town Manager ATTEST: By: Town Clerk LICENSEE By: Owen Stanford, Rendezvous Colorado, LLC. STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day of 2023, by . Notary Public My commission expires: [ S E A L ] X 0 5,. -` sue- THE s ' i—ER M T 1, ,> himav 75 f TrtE e r 04, IdAww V FAL AND N sm a oQwvw',F CANON 7% v , AJRVV 13 M LEFT HAVING A QN His V4 A 3 y ca 17g g I" UEMOM low 1 V nil pAGKV eftm HisMCIV! Oil t 0 IM7.05 22 V", 3 p U D TA ROSINE R 4 f r r. 1 N „ EXHIPT V OR R SAN sita x x will on jr POHT CRT Y t t 1 5 a 9,' , a 7{.., r AV ti. w six r w d ff+ S Y 1f e z Ex 0i it Weil No,5 ISR si Mw c rr x r 2024 Budget Town of Fraser 153 Fraser Avenue P.O. Box 120 Fraser, Colorado 80442 Phone (970) 726-5491 www.frasercolorado.com FRASER, COLORADO 2024 MUNICIPAL BUDGET MAYOR Philip Vandernail TRUSTEES Brian Cerkvenik Kaydee Fisher Lewis Gregory Parnell Quinn Katie Soles Eileen Waldow ADMINISTRATION Michael Brack – Town Manager Sarah Catanzarite – Assistant Town Manager Antoinette McVeigh – Town Clerk Laurie Waters – Finance Director/Treasurer Paul Johnson– Public Works Director Garrett Scott – Town Planner TOWN OF FRASER 2024 BUDGET MESSAGE To the Honorable Mayor, Town Trustees, and Residents of Fraser It is with great pleasure that I present the Town of Fraser’s 2024 Annual Budget. This Budget outlines Town operations and capital improvements for the coming year. It is the culmination of several months of collaborative work by Town staff and the Board of Trustees and represents the strategic and operational objectives of the Town. The 2024 Budget reflects the conservative fiscal policies of the Town to provide outstanding service effectively and efficiently to the Fraser community. The Budget is a balanced plan for achieving this goal and ensures the Town maintains healthy reserves to respond to opportunities. Fraser entered 2023 with robust plans and was able to complete several capital projects that had been deferred for years. Based on a better understanding of methods of effective bidding and project management best practices, Fraser anticipates another successful year of completing capital projects in 2024. Capital projects have been prioritized to capture the most benefit and subsequent projects are queued up if cost savings arise to make the best use of funds available to the benefit of its sales taxpayers. During the 2024 Budget process, the Board identified the following priorities for the Town: Affordable Housing o The Town continues to work towards the construction of the Victoria Village Affordable Housing Project and anticipates breaking ground in Summer 2024. Clayton Court Infrastructure Improvements o The Town received a $1.5M grant award for the construction of Clayton Court Infrastructure Improvements in 2024 to attract downtown investment and revitalization. Downtown Development Authority (DDA) Initiative o If the Town Board approves the DDA ordinance and ballot language in December 2023, Staff will continue to work through a DDA Board and a Plan of Development. New Public Works Facility Design and Engineering o The Town of Fraser was awarded a $200,000 grant through DOLA to fund this work. Bike Playground/Park at the Lions Ponds o Town Staff is working with a board-approved consultant to conduct community engagement and design for the bike park and anticipates applying for a Great Outdoors Colorado Grant in late January to fund construction. Townhall Improvements for Snow Shedding and Ramp o Budget approvals provide for this work to improve safety and meet ADA compliance. Sidewalks for Norgren Road and Eisenhower Drive o Budget approvals provide for this work that will improve the safety and walkability of Old Town Fraser. Comprehensive Plan Update o Budget approvals provide for this work that will assist the Town’s approach to responsible growth, development, traffic, parking, and potential annexation. Although the Town is seeing increased growth in our sales tax revenues, Fraser will face several challenges in 2024 and beyond, including the following: Fraser has made good strides with the Victoria Village Affordable Housing Project with the adoption of a master plan in June 2023 and preconstruction work that includes infrastructure design, engineering, and construction documents. Town staff is maintaining grant strategies and working with Mountain Affordable Housing Development to help ensure the project’s success and phase one construction for infrastructure is anticipated for Spring 2024. The Lift bus service is currently funded by a 1% sales tax approved by Fraser voters in 2015. Revenues from the 1% sales tax have proved adequate to fund bus operations; however, in 2023 costs for The Lift increased by about 15% and are budgeted to increase another 13% for 2024. Fraser will have to evaluate the sustainability of its 1% sales tax to meet future cost increases or consider reductions in service as these costs continue to increase. The Town needs to remain diligent with its initiatives to address significant increases in industrial waste that is disrupting wastewater treatment at the plant. Fraser anticipates approving an industrial pretreatment program to better address this with a collaborative approach with the partnering sanitation districts. The Town’s wastewater collection system continues to be a challenge but with the 2023 adoption of a 10-Year Capital Improvement Plan, the Town is taking a more proactive approach to the replacement of aging infrastructure. The Town is currently under a lawsuit originating from the 2003 Annexation Agreement and the 2005 Amendment to that Annexation Agreement that requires Grand Park Development, LLC to provide a conservation easement on Elk Creek and Cozens Meadows. The suit was filed when Fraser placed Grand Park development under notice of default and set out remedies to compel compliance to the conservation easement dedications. Currently, a trial date is set for early April 2024. The Board also identified childcare as a critical need to support the local community and workforce. Due to this need, a childcare facility has been designed into the Victoria Village Affordable Housing Project Master Plan. Following the hiring challenges with Town Staff in 2022 and the beginning of 2023, Fraser has seen success in hiring now operating at 93% staffing with the addition of a new Assistant Town Manager, Public Works Director, Town Planner, Finance Director and several new Street Operators. The following table details the Approved Staffing Levels and current vacancies for the Town of Fraser. Temporary and seasonal workers are not reflected below. Fraser will not change staffing levels for 2024. Position 2023 2024 Vacancies Town Manager 1.00 1.00 0.00 Assistant Town Manager 1.00 1.00 0.00 Town Clerk 1.00 1.00 0.00 Deputy Clerk 1.00 1.00 1.00 Finance Manager 1.00 1.00 0.00 General Accountant 1.00 1.00 0.00 Town Planner 1.00 1.00 0.00 Marketing and Communications 1.00 1.00 0.00 Public Works Director 1.00 1.00 0.00 Operations and Maintenance Superintendent 0.00 0.00 0.00 Project Manager / Coordinator 1.00 1.00 0.00 Street Superintendent 1.00 1.00 0.00 Lead Operator/Head Gardner 1.00 1.00 0.00 Equipment Operator/Laborer 9.00 9.00 0.00 Water Superintendent 1.00 1.00 0.00 Equipment Operator/Utilities 3.00 3.00 0.00 WWTP Superintendent 1.00 1.00 0.00 WWTP Operator 3.00 3.00 1.00 The Drop Service Attendant 0.50 0.50 0.00 Total 29.50 29.50 2.00 Retaining experienced staff will be a fundamental objective for 2024 since there is a shortage of certified / licensed workers in the region. Part of this retention approach is providing high-value employee benefits like health care, time-off policies, training, and performance bonus structures. The Town continues to budget for 100% of employee health and dental insurance coverage and 50% of spouse and family coverage as well as 4% matches to 401a and 457b retirement plans. The Town opted out of the State FAMLI insurance plan while implementing time-off policies that provide similar or better benefits. Payroll costs for 2024 are budgeted at $2,218,145. This represents a 3.5% increase, or $75,699, over 2023. The increase includes a 4.9% cost of living adjustment (COLA), a 0-2% salary increase based on longevity, and a $20,000 merit bonus program. COLA is an annual adjustment to account for inflation and is based on the Denver-Aurora-Lakewood Consumer Price Index. COLA ensures an employee’s base wage remains whole despite inflation. The Town continues to budget for 100% of employee health and dental insurance coverage and 50% of spouse and family coverage as well as 4% matches to 401a and 457b retirement plans. Intergovernmental Agreements Fraser maintains intergovernmental agreements (IGA) to provide essential services to the community. The use of IGAs allows the Town to reduce costs by partnering with neighboring local governments. The following services are provided through IGAs: Public Safety Services: In place of directly providing public safety services, the Town has entered into an agreement with the Town of Winter Park, Colorado to form a joint public safety force effective May 1, 2005, and amended March 21, 2012. The agreement requires costs to be split 65% to Winter Park and 35% to Fraser. However, based on call volume, Fraser has averaged just at or above 40% of the total call volume. As a result, this budget includes a new cost split of 60% to Winter Park and 40% to Fraser. Winter Park is drafting an updated IGA to reflect these changes which will be brought to the Board on Dec. 6, 2023, for approval. The updated agreement will also include the addition of a second Code Enforcement Officer. Fraser will continue to monitor call volume and adjust the IGA as necessary. Building Department: The Town entered into an agreement on January 20, 2010, to form a joint building services department with the Town of Winter Park, Colorado, and the Town of Granby, Colorado. According to the agreement, quarterly expenses are to be split based upon the portion of revenue collected for each Town but may be adjusted annually by mutual agreement based on permits issued, inspections performed, time expended by personnel, vehicle depreciation and mileage and other measures. Transportation Agreement: The Town entered into an agreement on June 19, 2018, with the Town of Winter Park to provide transit services. The terms of the agreement automatically renew for 10 one-year periods unless either party provides written notice of nonrenewal on or before June 30th of the prior year. Pursuant to the agreement, the Town pays a monthly management fee equal to 10% of Winter Park’s management costs of the Transit System, as well as all operating costs incurred for the Town’s portion of the route. Water Storage Agreement: In 2018, the Town purchased 25 acre-feet of water rights at Grand County Water Storage Reservoir. Pursuant to the terms of the operating agreement, the Town of Fraser and the Town of Winter Park will split costs associated with Maintenance and Capital Reserves as needed by Grand County Water Storage Reservoir. Grand Beginnings Agreement: Since 2005, the Town of Fraser has participated in an Intergovernmental Agreement with other towns to share responsibility for broad-based investment on behalf of our communities’ young children. In 2023 Fraser provided $4,500 in financial support to Grand Beginnings to support childcare and will again in 2024. Fund Reserves The Fraser Board of Trustees has adopted Financial Policies that include fund reserve policies and goals. As a function of the Town’s goal of fiscal transparency, the Budget format identifies the available reserves for each fund. In 2019, the Board of Trustees established Strategic Reserves in the General, Water, and Wastewater Funds to set aside one-time revenues for use toward future capital expenditures, grant matches, and other opportunities as approved by the Town Board. The following table identifies Fraser’s reserve goals for 2024: Reserve Targets Target 2022 YEE 2023 YEE Over/Under General Fund Tabor Reserve $190,898 $172,250 $219,100 $28,202 Affordable Housing Reserve $730,426 $730,426 $730,426 $0 P&OS Reserve $0 $6,379 $0 $0 Committed Emergency Reserve $3,372,068 $1,500,000 $1,500,000 ($1,872,068) Strategic Reserve $1,500,000 $1,500,000 $1,500,000 $0 Unassigned Fund Balance $0 $4,176,643 $1,957,475 $1,957,475 Restricted Revenue Fund Committed Emergency Reserve $281,717 $210,000 $210,000 ($71,717) Unassigned Fund Balance $0 $943,477 $841,126 $841,126   Conservation Trust Fund Unassigned Fund Balance $0 $25,208 ($3,351)($3,351) Capital Equipment Replacement Fund Unassigned Fund Balance $0 $118,329 $8,447 $8,447   Capital Asset Fund Committed Reserve $0 $0 $0 $0 Unassigned Fund Balance $0 $135,134 $77,444 $77,444   Cozens Ranch Open Space Fund Unassigned Fund Balance $0 $372,392 ($368,317)($368,317)   Debt Service Fund Committed Reserves $0 $33,698 $33,693 $33,693 Unassigned Fund Balance $0 $1,932 $714 $714   Water Fund Committed Reserve $1,000,000 $600,000 $600,000 ($400,000) Strategic Reserve $1,000,000 $194,025 $194,025 ($805,975) Unassigned Reserve $0 $1,641,315 $32,003 $32,003 Wastewater Fund Committed Reserve $2,000,000 $2,101,000 $2,201,000 $201,000 Strategic Reserve $1,000,000 $2,055,000 $2,055,000 $1,055,000 Unassigned Reserve $0 $513,608 $2,002,744 $2,002,744 Budget Basis The basis of budgeting refers to the methodology used to include revenues and expenditures in the budget. The Town of Fraser primarily budgets on a cash basis, where revenues and expenditures are assumed to be collected or spent during the period appropriated. Using this assumption, the current year's revenues are compared to expenditures to ensure that each fund has sufficient revenues to cover expenditures during the budget year, or that there are sufficient cash reserves in the fund to cover the revenue shortfall. Basis of Accounting The basis of accounting refers to the point at which revenues or expenditures are recognized in the accounts and reported in the financial statements. The government-wide financial statements, as well as the financial statements for proprietary funds and fiduciary funds, are reported using the economic resource measurement focus and the accrual basis of accounting. Under the accrual basis of accounting, revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of when the cash is received. Governmental fund financial statements are reported using current financial resources measurement focus and the modified accrual basis of accounting. Under the modified accrual basis of accounting, revenues are recognized as soon as they become both measurable and available, and expenditures are recorded in the periods that the expenditure occurs and becomes a liability. Basis of Budgeting vs. Basis of Accounting The basis of budgeting differs from the basis of accounting only by the assumptions that are made regarding the timing of the recognition of revenues and expenditures. The budget assumes that all revenues and expenditures, as well as the associated cash, will be expended or received during the budget period. Conversely, the basis of accounting only recognizes revenues when they become both measurable and available, and expenditures incurred. Cash is not necessarily received or expended at the same time. Budgetary Process The budgetary process is a year-round activity where staff monitors revenues and expenses against the current adopted budget. Budget development begins mid-year in the offices of the Town Manager and Finance Director as trends are identified and work plans for the current year are evaluated. The Town Manager and Finance Director meet with department heads to identify operations and maintenance (O&M) and capital expenditures for the coming year. These expenditures are evaluated against the Fraser Board of Trustees’ short and long-term strategic objectives, operational needs, intergovernmental and contractual agreements, and legal obligations. Colorado statutes require a preliminary budget to be presented to the governing body no later than October 15th of each year. The Fraser Board of Trustees held 2 budget work sessions between October and November, and one public hearing. Budget approval was obtained on November 15th. Fund Accounting A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. Fraser, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All the funds of Fraser can be divided into three categories: governmental, proprietary, and fiduciary funds. Governmental Funds: Governmental funds are used to account for tax-supported activities in Fraser. The Town’s budget divides governmental funds into the following categories: General Fund (GF): Provides for the general functions and services such as administration, planning, law enforcement, streets, and properties. Restricted Revenue Fund (RRF): Funded by a dedicated sales tax to be used for transportation, trails, and capital project expenditures. Capital Asset Fund (CAF): Funds long-term maintenance of capital assets (streets, buildings, parks, trails, etc.). Conservation Trust Fund (CTF): Funded by lottery proceeds and provides for open space and recreational-related capital projects. Cozens Ranch Open Space Fund (CROS): Funded by grants and transfers from the General Fund and provides for capital projects that are part of the Fraser River Corridor Master Plan that lie within the Cozens Ranch Open Space. Debt Service Fund (DSF): Provides for bonded debt service payments. Capital Equipment Replacement Fund (CERF): Provides for vehicle and heavy equipment purchases. Fraser Housing Authority (FHA): Is composed of the Fraser Board of Trustees for purposes related to affordable housing initiatives. Ordinance 488 applied Short Term Rental permit fees to Housing Authority initiatives to support accessible and workforce housing. Proprietary Funds: The Town maintains two proprietary funds, commonly known as enterprise funds. Enterprise funds are used to report activities that function as business-type activities. The Town has two proprietary funds: Water Fund (WF): an enterprise fund for the Town’s water utility Wastewater Fund (WWF): an enterprise fund for the Town’s wastewater utility. Fiduciary Funds: As managers of the Upper Fraser Valley Wastewater Treatment Plant (“UFVWWTP”), the Town operates the Joint Facilities Fund (“JFF”) as a fiduciary fund to account for the operations and maintenance of the facility along with any capital expenditures related to the plant. GOVERNMENTAL FUNDS General Fund Revenues in the General Fund are projected at $12,053,944, which represents a 14% increase over budgeted 2023. General Fund revenues come from a variety of sources, including property and sales taxes, use taxes, fees, charges for services, grants, unassigned fund balance, and transfers. Sales tax is the single largest source of revenue for the town. The sales tax rate for the Town of Fraser is 5%, of which 4% goes to the General Fund, and 1% is dedicated to transportation, trails, and capital improvements (see Restricted Revenue Fund below). General Fund sales tax collections are projected at $4,100,000, which represents an 11% increase over the 2023 budget. Approximately 9% of this amount is attributed to the collection of taxes on online sales. The second largest source of revenue for Fraser is property tax. The mill levy rate for Fraser is 5.886, which represents approximately 9% of a property owner’s total property tax bill. In 2024, Fraser is projecting property tax revenues of $724,655 which is a 60% increase over 2023 due to significant valuation increases. Use taxes are assessed on both building materials and motor vehicles at a rate of 4%. Fraser projects building materials use taxes at $300,000 which is a 9% increase over the 2023 budget. Motor vehicle sales are projected at $140,000 in 2024 to reflect inflation pressures on auto sales. Population increases could increase motor vehicles and revenues. Fraser is also expecting an estimated $120,000 for the Town’s share of the excess reserve for the combined Fraser/Winter Park Building Department. This is a 14% decrease over the 2023 budget as Winter Park is budgeting to hire an additional building inspector to keep up with demand in 2024. Expenditures for 2024 are estimated at $9,721,743. Expenditures pay for basic governmental services. Basic services include the following: Administration, including accounting and finance, records management, general municipal operation and maintenance, The Drop operations, grant management, economic development, and legal services. Public Works, including maintenance of streets, trails, parks, and other assets; water production and distribution to Fraser residents and guests; wastewater collection and treatment. Management of intergovernmental agreements, including police services, mass transit, and building inspection services Art in Public Places / Special Events, including event management, branding, and community attractions. In addition to basic services, the 2024 budget includes the following: Fraser/Winter Park Police Department (10-41-862) has a budgeted cost of $1,280,739. This is a 40% increase from the 2023 Budget due to increased volume in Fraser due to growth observed over the last several years and the addition of a second code enforcement officer. Victoria Village Project (10-41-865) is budgeted for $542,715 which reflects a 2023 agreement between Fraser and Mountain Affordable Housing Development for preconstruction services for Victoria Village. The total not-to-exceed cost in the agreement is $762,715, of which $220,000 is expected to be paid from the 2023 budget. Fraser Housing Authority (60-30-400) shows application fee revenues at $108,000 in 2023 that will go towards the FHA Committed Reserves with $175,000 in revenues expected in 2024 due to the per bedroom fee increase on October 1, 2023, from $150 to $250. These revenues are expected to total $283,000 and are not allocated towards any expenses for 2024 but could be utilized as needed to support local housing initiatives. Legal fees (10-45-310) are budgeted at $480,000, which is 92% higher than the 2023 Budget due to a lawsuit filed by Cornerstone Development in 2021. $230,000 has been added to this line item due to the litigation to begin trial in April 2024 as the Town’s legal team is preparing for the trial hearings. Other Professional Services (10-45-370) includes $150,000 to update the Fraser Comprehensive Land Use Plan. Reimbursable Professional Services (10-45-375) has remained at $100,000 since 2023 to reflect engineering, planning, and legal fees billed to developers that were previously absorbed by town staff whose time cannot be billed out under the Town Code. Facility/Property Improvements: o Old Historic Church (10-45-670): $28,000 to fix a roof leak and maintenance. o Town Hall (10-45-673): $95,000 to address ADA, roof snow loading, and maintenance. o Fraser River Trail (10-60-673): $60,000 for a bridge replacement o Street Improvements (10-60-725): $400,000 for concrete maintenance and new sidewalks on Norgren Road and Eisenhower Drive Restricted Revenue Fund The Restricted Revenue Fund accounts for the 1% sales tax approved by Fraser voters in 2015 which is restricted to transportation, trails, and capital project expenditures. Fraser is conservatively projecting $1,000,000 in revenues from the 1% sales tax in 2024. This is an 8% increase over the 2023 budget. While there is no way to accurately project sales tax revenues from year to year, recent years have seen revenues exceed expectations. For example, in 2022 Fraser anticipated 1% sales tax revenues of $800,000 but realized audited revenues of $1,214,442. With this in mind, we have raised projections for 2024. The primary purpose of the 1% sales Tax is to fund Fraser’s share of The Lift bus service. The Lift provides free bus services in Fraser and Winter Park, with routes extending to Granby and the Winter Park Ski Resort. In 2023, Fraser budgeted $1,003,368 to cover higher operating costs under the new agreement signed between Winter Park and First Transit that reflected a 112% cost increase in real operations due to shortages of CDL (commercial driver’s license) certified drivers and First Transit’s efforts to recruit and retain adequate staffing levels to continue providing expected levels of service. In 2024, Fraser has a budget of $1,045,011 (12-40-610) to maintain current levels of service which reflects a 4% increase over 2023. Savings from grant funds applied to previous years will offset the increased costs in 2024. However, Fraser will need to evaluate the long-range sustainability of its 1% sales tax revenues to continue to support this public service in the coming years. The secondary purpose of the 1% sales tax is for trails. In 2024, Fraser is budgeting $100,045 for trail operations and maintenance (12-40-710). These expenditures will cover trial maintenance, plowing, tree removal, and crack sealing for the Winter Park Fraser Trail. Debt Service Fund The Debt Service Fund provides for bond principal and interest payments. Fraser currently does not have outstanding bond debt. Conservation Trust Fund The Conservation Trust Fund accounts for lottery proceeds that can only be used for park and recreation improvements. Fraser estimates $7,200 from lottery proceeds in 2024 which, combined with carryover fund balance and interest, will leave a fund balance of $34,656. The Town will transfer $10,000 to the Cozens Ranch Open Space fund which, combined with grants and a transfer from the General Fund, will fund landscaping and maintenance at the Lion’s Ponds. Cozens Ranch Open Space Fund The Cozens Ranch Open Space Fund accounts for capital improvements within Cozens Ranch which is part of the Fraser River Corridor Master Plan. The fund receives revenues through grants and transfers from both the General Fund and the Conservation Trust Fund. Revenues in 2023 will carry forward into 2024 as project delays require deferral. Expenditures in 2024 include $150,000 for community engagement and the design of a bike park at the Lions Ponds, $10,000 for landscaping, $5,000 for Trails, and $30,000 for utilities for the new bathrooms. Capital Asset Fund The Capital Asset Fund details capital projects and is funded through transfers from the General Fund. In 2024, Fraser is budgeting $400,000 for various street projects, including the final invoicing from Winter Park for the joint paving project costs associated with the John’s Drive and Safeway Frontage Road, and prioritized asphalt repairs needed. Capital Equipment Replacement Fund Revenues for capital equipment replacement come from Highway Use Taxes and transfers from other funds. Fraser is budgeting $214,145 in revenues, which includes $49,318 in Highway Use Tax and the remainder from transfers and unassigned fund balance. The following capital equipment purchases are scheduled for 2024: Public Safety Fleet Purchase, $70,000 Fraser Fleet Purchases o Administration Vehicle - $45,000 (Toyota Highlander Hybrid 4x4) PROPRIETARY FUNDS Water Fund The Water Fund is operated as a business-like enterprise of the Town. Revenues are derived through service charges and fund reserves and must cover all expenditures. Revenues in 2024 are projected at $3,111,374 which includes a $1,526,484 carryover balance from 2023. Expenditures are projected at $2,880,203 and include the following significant expenditures and capital projects: Other Professional Services (50-40-370): $80,000 Capital Projects (50-40-730): $1,288,000 for the following: o Quail Water System Improvements, $253,000 o New Pressure Reducing Valve Install, $385,000 o Drilling for New Wells, $650,000 Capital Purchases (50-40-740): $300,000 for the following: o Soda Ash Hopper, $115,000 o Blue Zone booster pump replacement, $70,000 o New Water Meters, $115,000 Wastewater Fund The Wastewater Fund is operated as a business-like enterprise. Revenues consist of service charges and fund reserves and must cover all expenditures. Total Revenues in 2024 are projected at $4,249,516 and include $2,956,216 in carryover from 2023. Expenditures are projected at $1,826,803 and include the following significant expenditures and capital projects: Engineering Fees (55-40-330): $80,000, includes $25,000 for general engineering and $30,000 for an Inflow and Infiltration study. System Repair and Maintenance – Collections (55-40-460): $125,000 includes $85,000 for jetting, video, and point repairs to the sanitary sewer collection system. Equipment Purchase and Repair (55-40-510): $55,000 includes $50,000 for Vac/Jet and video equipment. Capital Projects (55-40-730): $500,000, includes inflow and Infiltration repair work and mitigation. FIDUCIARY FUNDS In 2002, the Fraser Sanitation District (the “District”), Winter Park Ranch, and Grand County Water and Sanitation District #1 entered into an agreement to participate in the joint construction, maintenance, and operations of joint interceptor sewer lines and joint sewage treatment facilities. This new wastewater treatment plant has been constructed on the existing plant site of the District/Winter Park Ranch treatment facility and a new and/or expanded sewer trunk line from Grand County #1 connects with the existing District/Winter Park Ranch interceptor line. The title of the new joint facilities has been allocated among these three members based on each member’s proportionate share of equivalent residential units to be serviced by the new plant. The Fraser Sanitation District was dissolved into the Town effective December 31, 2009. Under the Upper Fraser Valley Wastewater Agreement, a Joint Facilities Oversight Committee (“JFOC”) was established to represent the three districts regarding the construction, expansion, operations, management, and maintenance of the new joint facilities. The JFOC is comprised of a total of nine members, with each district having three members. The Town was appointed as the manager of the joint facilities in 2020. The JFOC may designate a new manager on an annual basis. The Fraser Joint Facility Fund (JFF) is a fiduciary fund that accounts for the operations, maintenance, and capital expenditures of the facility. The JFF budget is approved by the JFOC each year in September. The inclusion of the JFF Budget in the Fraser Annual Budget allows for greater transparency and accountability to the Fraser Board of Trustees, Grand County Water and Sanitation District #1, Winter Park Ranch, and residents of Fraser, Winter Park, and Grand County. The JFOC began two projects in 2021 that will shape future operations. The first is an Equivalent Residential Units (EQR) study that assesses the estimated wastewater discharge from a residential property across all three districts. The current EQR totals were developed based on best estimates before the treatment facility was constructed over 20 years ago. The study will reevaluate discharge amounts based on actual water quality data, historical flows, and historical population growth trends. That study was completed in January 2022. The second project is the development of an Industrial Pre-Treatment Program (IPP). In recent years, the treatment facility has seen an increase in organic loading from commercial users in the region. The additional organic loading exceeds the facility’s treatment capacity and causes environmental issues that threaten the discharge limits established by the Colorado Department of Public Health and Environment. An IPP will look for low-cost solutions that minimally impact local businesses. The IPP is expected to conclude in Summer 2024. The JFF is divided into four sub-funds: Operations and Maintenance (O&M), Capital Replacement Reserves (CRR), Nutrients, and Plant Expenditures. Revenues for the JFF come from each member’s share of the operating expense as identified in the JFOC Agreement. Additional revenues come from Northern Water for nutrient costs associated with Project P, a joint capital project between Northern Water and the JFF to reduce phosphorus and metals discharges into the Fraser River. O&M, Nutrients, and Plant Expenditures revenues and expenditures can be found on the supplemental JFF budget attached herein. The JFF CRR will begin 2024 with a $1,450,725 carryover balance from 2023. The fund is projecting $1,780,000 in expenditures for the following capital projects in 2024: Capital Replacement Reserve Projects (existing) 47-60-370 Engineering, Legal and Other Prof. Services 175,000 47-60-730 CRR Projects A-Basin Covers 450,000 Headworks Equipment (Heat,Grit)250,000 700,000 Capital Improvement Projects (new) 47-65-370 Engineering, Legal and Other Prof. Services 100,000 47-65-730 CIP Projects Office Building 350,000 Solar 325,000 675,000 Capital Purchases 47-69-740 Capital Purchases Vac Trailer 80,000 Pickup Truck 50,000 130,000 1,780,000 1,780,000 In Summary The 2024 budget has been prepared to deliver high-quality services to the residents of Fraser, both in operations and capital investments, without issuing debt or increasing taxes. Personnel costs are strategic and focus on retaining highly qualified staff. The budget also reflects the Town Board’s commitment to addressing affordable housing shortages in the Fraser Valley and a revigorated focus on investing in its downtown corridor. Our capital expenditures for 2024 are thoughtfully conservative, aligning with our steadfast commitment to delivering outstanding service and fostering a vibrant community for both residents and guests. Fraser’s Parks and open space improvements are designed to enhance Fraser’s beauty and provide residents and visitors with a world-class outdoor experience. Fraser is currently experiencing a positive surge in momentum, driven by our ongoing projects and future- focused initiatives. This momentum owes much to the visionary leadership of the Board of Trustees and the dedicated Town Staff who take pride in serving our community. I would like to express my appreciation to the Fraser Board of Trustees for their commitment to strategic objectives and empowering our staff to bring these visions to life. Special thanks also go to our Public Works Director, Superintendents, and Finance Director for their collaborative efforts in preparing a balanced and forward-looking budget for 2024. Sincerely, Town Manager TOWN OF FRASER 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget GENERAL FUND REVENUE TAXES 10‐31‐100 General Fund Property Tax 334,794 352,469 442,838 539,529 451,111 724,644 10‐31‐200 Specific Ownership Tax 24,947 27,175 25,850 24,000 13,500 15,750 10‐31‐300 Motor Vehicle Tax 0 0 0 0 00 10‐31‐400 Town Sales Tax (4% of total Sales Tax) 3,746,914 4,312,469 3,959,149 4,100,000 3,700,000 4,100,000 10‐31‐410 Use Tax ‐ Building Materials 171,598 555,640 353,258 350,000 275,000 300,000 10‐31‐420 Use Tax ‐ Motor Vehicle Sales 154,760 175,303 155,229 190,000 110,000 140,000 10‐31‐430 State Cigarette Tax 6,905 7,130 4,103 6,500 3,100 6,500 10‐31‐800 Franchise Fees 69,491 130,862 122,618 130,000 60,000 130,000 Sub‐Total 4,509,409 5,561,047 5,063,045 5,340,029 4,612,711 5,416,894 LICENSES & PERMITS 10‐32‐100 Business License Fees 15,783 13,960 20,455 25,000 14,500 20,000 10‐32‐110 Regulated Industry Fees/Taxes 237,718 271,943 204,934 202,533 200,000 190,000 Sub‐Total 253,501 285,903 225,389 227,533 214,500 210,000 INTERGOVERNMENTAL 10‐33‐100 Grants 640,973 303,394 3,321,294 383,918 375,000 2,400,000 Sub‐Total 640,973 303,394 3,321,294 383,918 375,000 2,400,000 CHARGES FOR SERVICES 10‐34‐100 Annexation Fees 0 0 0 250 1,000 1,000 10‐34‐110 Zoning Fees 0 750 3,350 6,000 1,500 6,050 10‐34‐120 Subdivision Fees 5,950 42,320 11,870 2,500 1,500 8,000 10‐34‐130 Miscellaneous Planning Fees 80 710 9,900 2000 1,000 5,000 10‐34‐150 Affordable Housing Impact Fee 0 0 0 0 0 0 10‐34‐300 PAYT 72,557 77,425 63,729 55,000 70,000 70,000 10‐34‐600 Distribution from WP building department 62,074 0 153,751 146000 140,000 120,000 10‐34‐740 Fees in Lieu of Park Land 0 0 0 3314 0 0 10‐34‐750 WTHP Revenue 0 0 0 0 0 0 Sub‐Total 140,661 121,205 242,600 215,064 215,000 210,050 FINES & FORFEITURES 10‐35‐100 Court Fines 0 0 0 0 00 10‐35‐200 Police Dept. Sur‐Charge 0 0 0 0 00 Sub‐Total 0 0 0 0 00 MISCELLANEOUS REVENUE 10‐36‐100 Interest Earnings 32,375 3,298 162,391 500,000 155,000 450,000 10‐36‐300 Rental Income 10,385 7,419 6,716 11,690 9,500 10,000 10‐36‐500 Sale of General Fixed Assets 0 0 0 0 0 0 10‐36‐600 Community Housing 16,650 22,650 63,155 30,000 22,000 42,000 10‐36‐610 Reimbursable ‐ Prof Services 53,478 107,557 148,132 125,000 140,000 120,000 10‐36‐620 Reimbursable ‐ Night Shuttle 0 0 0 0 00 10‐36‐630 Disposable Bag Fees 18,478 31,180 64,408 52,000 40,000 40,000 10‐36‐900 Miscellaneous Revenue 70,723 44,380 71,073 110,000 35,000 55,000 Sub‐Total 202,088 216,484 515,875 828,690 401,500 717,000 SPECIAL ASSESSMENTS 10‐37‐100 Byers Vista SID 0 0 0 0 00 Sub‐Total 0 0 0 0 00 OTHER SOURCES AND TRANSFERS 10‐39‐100 Bond Proceeds 0 0 0 0 00 10‐39‐900 Transfers in from Other Funds 0 0 0 0 00 10‐39‐920 Transfer in from GF Reserves 0 0 0 0 0 0 10‐39‐940 Transfer in from WF Reserves 0 0 0 0 00 10‐39‐960 Transfer in from WWF Reserves 0 0 0 0 00 10‐39‐999 Unassigned Fund Balance 2,055,683 2,601,573 0 4,176,643 4,705,784 3,100,000 Sub‐Total 2,055,683 2,601,573 0 4,183,022 4,705,784 3,100,000 GENERAL FUND "NEW" REVENUES 5,746,632 6,488,034 9,368,203 6,995,234 5,818,711 8,953,944 GENERAL FUND TOTAL REVENUE 7,802,315 9,089,607 9,368,203 11,178,256 10,524,495 12,053,944 EXPENDITURES TOWN BOARD 10‐41‐110 Salaries 37,120 34,200 35,500 21,000 43,200 40,800 10‐41‐220 FICA Tax 2,279 2,479 2,715 2,678 3,072 3,121 10‐41‐280 Training Programs 110 1,325 1,990 1510 6,000 6,000 10‐41‐290 Travel, Meals and Lodging 1,770 4,859 5,180 2420 6,000 6,000 10‐41‐295 Meals and Entertainment 4,865 5,606 7,573 9,000 10,000 9,500 10‐41‐690 Miscellaneous Expense 7,935 12,349 14,805 1,000 20,000 20,000 10‐41‐860 Grants and Aid to Agencies 0 650 15,800 95000 25,000 65,000 10‐41‐861 Intergovernmental Agreements 4,500 4,500 4,500 4,500 19,500 19,500 10‐41‐862 Fraser/Winter Park Police Dept 619,683 587,763 690,282 735,000 876,338 1,280,739 10‐41‐863 Street Lighting and Signals 15,342 15,668 17,873 15,100 20,000 23,500 10‐41‐864 Special Events 13,857 18,246 31,962 33,908 20,000 37,500 10‐41‐865 Victoria Village Project 0 0 0 220000 0 542,715 10‐41‐866 Wood Stove Rebates 0 0 0 0 0 0 10‐41‐867 Chamber of Commerce ‐ IGA 0 0 0 0 0 0 10‐41‐868 Winter Shuttle ‐ IGA 0 0 0 0 0 0 10‐41‐869 Summer Shuttle ‐ IGA 0 0 0 0 0 0 10‐41‐870 Business Dist StreetScape 4,800 4,000 6,100 6100 6,500 7,200 10‐41‐871 Business Enhancement Programs 181,513 119,143 6,155 42,593 75,000 75,000 10‐41‐872 Sustainability 4,955 2,566 4,556 1,000 7,000 10,000 10‐41‐873 Recycle Facility ‐ The Drop 63,193 76,430 75,941 72,000 63,000 75,000 10‐41‐874 Community Housing 50,000 0 3,884,085 65,000 255,000 0 10‐41‐875 Marketing 11,660 31,182 37,180 38,000 25,000 40,000 10‐41‐880 Center for Creative Arts 0 0 0 0 0 0 10‐41‐885 Economic Incentives 31,788 44,939 0 115000 229,000 120,000 Sub‐Total 1,055,371 965,904 4,842,197 1,480,809 1,709,610 2,381,575 1 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget ADMINISTRATION 10‐45‐110 Salaries 347,230 494,299 540,075 636,783 511,070 510,968 10‐45‐210 Health Insurance 76,219 79,534 74,187 105,045 84,536 84,615 10‐45‐220 FICA Tax 24,806 31,419 39,310 51,794 40,726 39,089 10‐45‐230 Retirement 16,280 21,471 35,259 28,901 36,846 37,613 10‐45‐250 Unemployment Tax 1,048 1,251 243 1,200 2,165 1,022 10‐45‐260 Workers Comp Claims 0 0 0 0 0 0 10‐45‐280 Training Programs 7,126 5,893 2,725 10000 6,000 10,000 10‐45‐290 Travel, Meals and Lodging 1,556 14,646 4,445 12000 7,000 12,000 10‐45‐295 Meals and Entertainment 2,781 9,059 9,251 9,500 5,000 9,500 10‐45‐305 Municipal Court Judge 0 0 0 0 0 0 10‐45‐310 Legal Fees 85,758 232,733 168,434 295,000 250,000 480,000 10‐45‐320 Audit Fees 20,604 20,250 22,214 33,000 24,960 35,000 10‐45‐330 Engineering Fees 0 648 42,786 68,000 4,000 4,000 10‐45‐350 Computer Software 0 40,000 80,000 50,000 10‐45‐360 Computers‐Networks and Support 57,457 85,038 72,484 55,000 92,000 65,000 10‐45‐370 Other Professional Services 38,767 57,588 147,928 125,000 185,600 250,600 10‐45‐375 Reimbursable Prof Services 25,269 33,264 149,852 122,800 100,000 100,000 10‐45‐380 Janitorial Services 11,989 12,599 1,924 0 16,892 0 10‐45‐385 Treasurer's Fees 6,696 7,051 8,857 11,000 11,000 12,000 10‐45‐390 Abatement Fees 0 0 0 3054 5,000 3,500 10‐45‐395 Recording Fees 2,000 750 3,129 3,800 1,500 3,000 10‐45‐410 Bank Charges 8,397 10,038 12,136 8,000 8,000 9,000 10‐45‐420 Elections 829 257 1,918 0 5,000 5,000 10‐45‐430 Insurance ‐ All Departments 82,870 80,628 147,728 141,940 139,630 156,874 10‐45‐440 Advertising 2,764 811 8,313 9,700 2,500 7,500 10‐45‐490 Professional Memberships 10,797 13,545 15,199 16,000 11,000 11,000 10‐45‐500 Operating Supplies 12,973 12,952 13,212 11,500 12,600 13,230 10‐45‐510 Equipment Purchase and Repair 4,250 1,502 3,548 4,500 5,250 5,513 10‐45‐550 Postage 2,156 1,557 1,418 1475 2,000 3,000 10‐45‐560 Utilities ‐Telephone 8,556 7,163 4,781 7,575 7,651 7,727 10‐45‐561 Utilities ‐ Natural Gas 2,704 3,232 5,356 6,400 7,000 6,420 10‐45‐562 Utilities ‐ Electricity 7,030 10,103 10,176 10,000 10,000 10,000 10‐45‐569 Utilities ‐ Trash Removal 0 0 0 0 00 10‐45‐670 Prop Mgmt ‐ 107 Eisenhower Dr 13,509 29,811 41,761 24,000 18,000 28,000 10‐45‐671 Prop Mgmt ‐ 105 Fraser Ave 826 844 928 16240 1,000 5,000 10‐45‐672 Prop Mgmt ‐ Employee Housing 0 0 0 430 00 10‐45‐673 Prop Mgmt ‐ 153 Fraser Ave 57,845 15,754 104,378 107,000 20,000 95,000 10‐45‐674 Prop Mgmt ‐ 200 Eisenhower Dr 1,035 93 277 1551 1,000 1,500 10‐45‐675 Prop Mgmt ‐ 216 Eisenhower Dr 0 0 0 0 00 10‐45‐676 Prop Mgmt ‐ 400 Doc Susie Ave 0 0 0 37541 00 10‐45‐690 Miscellaneous Expense 20,952 13,915 23,255 33,000 20,000 33,000 10‐45‐695 Bad Debt Write‐Off 540 0 0 0 00 10‐45‐730 Capital Projects 0 0 0 0 00 10‐45‐740 Capital Purchases 0 47 2,952 2700 00 10‐45‐810 Lease/Purchase ‐ Principal 0 0 0 0 00 10‐45‐820 Lease/Purchase ‐ Interest 0 0 0 0 00 10‐45‐830 Loan ‐ Principal 703 39,566 33,465 0 00 10‐45‐840 Loan ‐ Interest 74 95 51,991 0 00 Sub‐Total 964,394 1,349,404 1,805,895 2,051,429 1,734,926 2,105,672 PUBLIC WORKS 10‐60‐110 Salaries 665,360 518,727 537,289 650,000 913,529 1,049,751 10‐60‐210 Health Insurance 176,569 145,751 131,654 140,000 142,436 259,502 10‐60‐220 FICA Tax 46,691 35,462 38,098 60,000 72,187 80,306 10‐60‐230 Retirement 26,413 24,012 23,643 40,000 64,084 83,980 10‐60‐250 Unemployment Tax 2,012 1,508 484 700 4,060 2,100 10‐60‐260 Workers Comp Claims 0 0 0 0 0 0 10‐60‐280 Training Programs 7,510 2,175 3,018 3500 3,000 3,000 10‐60‐290 Travel, Meals and Lodging 391 191 2,452 1000 4,000 3,000 10‐60‐295 Meals and Entertainment 717 679 2,063 1500 1,000 2,000 10‐60‐330 Engineering Fees 92,446 5,770 36,003 85000 80,000 75,000 10‐60‐360 Computer Network Support 27,450 43,243 44,460 52,000 52,500 55,125 10‐60‐370 Other Professional Services 9,281 38,950 14,216 15,000 50,000 50,000 10‐60‐380 Janitorial Services 0 0 0 0 0 0 10‐60‐470 Contract Grounds Maintenance 0 0 0 0 0 0 10‐60‐475 Contract Snow Removal 0 0 2,448 0 0 0 10‐60‐480 Equipment Rental 1,403 8,313 7,885 4000 2,500 2,500 10‐60‐490 Professional Memberships 786 1,194 1,596 1,596 11,000 1,000 10‐60‐500 Operating Supplies 89,959 99,304 148,034 140,000 12,600 120,000 10‐60‐506 Plants/Planter Supplies 27,279 18,343 23,620 13,000 30,000 30,000 10‐60‐510 Equipment Purchase and Repair 84,074 95,390 65,723 55,000 90,000 63,000 10‐60‐560 Utilities ‐ Telephone 4,550 4,479 4,656 4,300 7,651 5,000 10‐60‐561 Utilities ‐ Natural Gas 3,929 4,667 8,486 10,400 7,000 9,000 10‐60‐562 Utilities ‐ Electricity 0 0 675 1500 10,000 5,000 10‐60‐569 Utilities ‐ Trash Removal 0 0 0 0 0 0 10‐60‐670 Prop Mgmt ‐ 125 Fraser Ave 5,970 12,799 13,509 3,500 8,000 8,000 10‐60‐671 Prop Mgmt ‐ Clayton Ct Parcel 0 0 0 260 0 0 10‐60‐672 Prop Mgmt ‐ Elk Crk Wetlands 0 0 0 0 0 0 10‐60‐673 Prop Mgmt ‐ Fraser River Trail 2,526 2,224 1,267 0 160,000 60,000 10‐60‐674 Prop Mgmt ‐ Hwy 40 Pedestrian 295 0 0 0 1,000 50,000 10‐60‐675 Prop Mgmt ‐ Koppers Park 0 0 0 0 1,500 1,500 10‐60‐676 Prop Mgmt ‐ Old SchlHouse Pk 433 656 403 693 15,000 15,000 10‐60‐677 Prop Mgmt ‐ Planning Area 28 0 0 0 0 0 0 10‐60‐678 Prop Mgmt ‐ OutdoorActivityCtr 917 0 0 0 0 0 10‐60‐679 Prop Mgmt ‐ School Bus Garage 6,630 8,063 28,349 8,000 26,500 10,000 10‐60‐680 Prop Mgmt ‐ Gardner Shed 0 130 0 0 0 0 10‐60‐681 Prop Mgmt ‐ Cozens Ranch Park 19,512 12,977 8,138 9,630 15,000 15,000 10‐60‐682 Prop Mgmt ‐ Amtrak Station 2,199 179 205 0 0 0 10‐60‐683 Prop Mgmt ‐ Ptarmigan OS 0 0 0 0 0 0 2 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget 10‐60‐684 Prop Mgmt ‐ FRODO 0 79,749 26,333 12,000 20,000 30,000 10‐60‐685 Prop Mgmt ‐ Mtn Man Park 640 331 403 403 500 500 10‐60‐686 Goranson Station 127 80 0 750 750 750 10‐60‐687 Prop Mgmt ‐ 6 W 321 763 572 2000 3,000 5,000 10‐60‐690 Miscellaneous Expense 6,935 12,848 7,729 7,500 10,200 10,400 10‐60‐695 Fraser Mustang 0 0 0 0 00 10‐60‐725 Street Improvements 0 0 2,262 10,000 125,000 400,000 10‐60‐730 Capital Projects 0 0 0 1200 0 1,700,000 10‐60‐740 Art In Public Places 38,536 72,105 108,148 80,000 82,000 91,100 Sub‐Total 1,351,860 1,251,061 1,293,821 1,414,432 2,025,997 4,296,514 Outdoor Activity Center 10‐65‐110 Salaries 0 0 0 0 0 0 10‐65‐210 Health Insurance 0 0 0 0 0 0 10‐65‐220 FICA Tax 0 0 0 0 0 0 10‐65‐230 Retirement 0 0 0 0 0 0 10‐65‐250 Unemployment Tax 0 0 0 0 0 0 10‐65‐260 Workers Comp Claims 0 0 0 0 0 0 10‐65‐280 Training Programs 0 0 0 0 0 0 10‐65‐290 Travel, Meals and Lodging 0 0 0 0 0 0 10‐65‐295 Meals and Entertainment 0 0 0 0 0 0 10‐65‐370 Other Professional Services 0 173 12 0 0 0 10‐65‐380 Janitorial Services 11,790 15,267 15,347 16,617 15,300 15,606 10‐65‐490 Professional Memberships 0 0 0 0 0 0 10‐65‐500 Operating Supplies 0 0 0 0 0 0 10‐65‐510 Equipment Purchase and Repair 0 0 0 0 0 0 10‐65‐560 Utilities ‐ Telephone 0 0 0 0 0 0 10‐65‐561 Utilities ‐ Natural Gas 987 1,145 1,780 1236 1,212 1,224 10‐65‐562 Utilities ‐ Electricity 1,196 1,278 655 1236 1,212 1,224 10‐65‐665 WTHP Expenses 0 0 0 0 0 0 10‐65‐670 Prop Mgmt ‐ 120 Zerex 120 533 44,811 10,000 5,000 6,000 10‐65‐690 Miscellaneous Expense 0 0 0 0 0 0 10‐65‐730 Capital Projects 0 0 0 0 0 0 10‐65‐740 Capital Purchases 0 0 0 0 0 0 Sub‐Total 14,093 18,396 62,605 29,089 22,724 24,054 TRANSFERS 10‐90‐920 Transfer to CERF ‐ Police Dept 60,000 60,000 64,487 64,487 0 70,000 10‐90‐925 Transfer to RRF 0 0 0 0 0 0 10‐90‐930 Transfer to CERF ‐ PublicWorks 0 50,000 115,027 115,027 0 0 10‐90‐935 Transfer to CAF 200,000 550,000 600,000 600,000 500,000 650,000 10‐90‐940 Transfer to Debt Service Fund 0 0 0 0 0 0 10‐90‐950 Transfer to Water Fund 0 0 0 0 170,000 0 10‐90‐960 Transfer to CROS 0 0 0 0 200,000 105,800 10‐90‐970 Transfer to Committed Reserves 0 0 0 0 0 33,600 10‐90‐980 Transfer to Strategic Reserves 0 0 0 0 0 0 10‐90‐995 Salaries Clearing 0 0 0 0 0 0 10‐90‐996 FICA Tax Clearing 0 0 0 0 0 0 10‐90‐997 Unemployment Tax Clearing 0 0 0 0 0 0 Sub‐Total 260,000 660,000 779,514 779,514 870,000 859,400 FISCAL AGENT 10‐95‐110 Salaries ‐8,252 27,656 20,457 40,000 0 40,000 10‐95‐210 Health Insurance ‐4,350 6,377 3,765 9000 0 9,000 10‐95‐220 FICA Tax ‐575 1,938 1,758 2500 0 2,500 10‐95‐230 Retirement ‐405 1,341 906 3000 0 3,000 10‐95‐250 Unemployment Tax ‐25 83 ‐80 0 0 10‐95‐260 Workers Comp Claims 0 0 0 0 0 10‐95‐560 Telephone ‐43 43 86 0 0 10‐95‐690 Misc. Payroll Expense 0 29 23 0 28 Sub‐Total (13,650)37,468 26,915 54,500 0 54,528 GENERAL FUND EXPENDITURE TOTALS 3,632,068 4,282,233 8,810,947 5,809,772 6,363,257 9,721,743 GENERAL FUND REVENUE TOTALS 7,802,315 9,089,607 9,368,203 11,178,256 10,524,495 12,053,944 GENERAL FUND NEW REVENUE TOTALS 5,746,632 6,488,034 9,368,203 6,995,234 5,818,711 8,953,944 GENERAL FUND EXPENDITURE TOTALS 3,632,068 4,282,233 8,810,947 5,809,772 6,363,257 9,721,743 GENERAL FUND REVENUE OVER EXPENDITURES 4,170,247 4,807,374 557,256 5,368,484 4,161,238 2,332,201 GENERAL FUND EXPENDITURE OVER NEW REVENUES 2,114,564 2,205,801 557,256 1,185,462 (544,546)(767,799) GF Restricted Reserves ‐ Tabor Emergency Reserve (985,000) (985,000)264,328 174,293 190,898 291,652 GF Restricted Reserves ‐ Affordable Housing Reserve (440,074) (440,074)730,426 730,426 730,426 290,426 GF Restricted Reserves ‐ Fees in Lieu of P&OS Reserve 6,379 6,379 6,379 0 0 0 GF  Committed Emergency  Reserve 329,500 329,500 329,500 1,500,000 1,500,000 1,500,000 GF Strategic Reserve 1,100,000 1,100,000 1,100,000 1,500,000 1,500,000 1,500,000 GF Unassigned Fund Balance 4,170,247 4,807,374 557,256 5,368,484 4,161,238 2,332,201 RESTRICTED REVENUE FUND REVENUE TAXES 12‐31‐100 Restricted 1% GF Sales Tax 936,728 1,078,117 1,214,442 1,000,000 925,000 1,000,000 12‐31‐800 Interest Income 1,257 256 26,036 25000 404 60,000 Sub‐Total 937,985 1,078,373 1,240,478 1,025,000 925,404 1,060,000 3 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget INTERGOVERNMENTAL 12‐33‐100 Grants & Aid to Agencies 11,000 21,460 0 0 11,000 11,000 Sub‐Total 11,000 21,460 0 0 11,000 11,000 OTHER SOURCES AND TRANSFERS 12‐36‐900 Transfer In from Other Funds 0 0 0 0 00 12‐39‐999 Unassigned Fund Balance 158,332 537,577 0 696,977 1,031,590 483,659 Sub‐Total 158,332 537,577 0 696,977 1,031,590 483,659 RESTRICTED REV FUND  "NEW" REVENUES 948,985 1,099,833 1,240,478 1,025,000 936,404 1,071,000 RESTRICTED REV FUND TOTAL REVENUE 1,107,317 1,637,410 1,240,478 1,721,977 1,967,994 1,554,659 EXPENDITURES 12‐40‐610 Transportation O&M 518,215 570,290 145,481 600,000 1,003,368 1,045,011 12‐40‐615 Transportation ‐ Capital Exp 0 0 0 00 0 12‐40‐710 Trails O&M 16,525 34,927 63,408 93,500 93,500 100,045 12‐40‐715 Trails ‐ Capital Expenditures 35,000 35,000 ‐1 85,000 30,000 30,000 12‐40‐810 Capital Projects 0 0 0 0 0 65,000 12‐40‐900 Transfer to Trans O&M Reserve 0 0 0 00 0 12‐40‐915 Transfer to Trans Cap Reserve 0 0 0 00 0 12‐40‐920 Transfer to Trails O&M Reserve 0 0 0 00 0 12‐40‐925 Transfer to Trails Cap Reserve 0 0 0 00 0 12‐40‐930 Transfer to Cap Proj Reserve 0 0 0 00 0 12‐40‐940 Transfer to Other Funds 0 0 0 00 0 Sub‐Total 569,740 640,217 208,888 778,500 1,126,868 1,240,056 RESTRICTED REV FUND REVENUES 1,107,317 1,637,410 1,240,478 1,721,977 1,967,994 1,554,659 RESTRICTED REV FUND EXPENDITURES 569,740 640,217 208,888 778,500 1,126,868 1,240,056 RESTRICTED REV FUND REVENUES OVER EXPENDITURES 537,577 997,193 1,031,590 943,477 841,126 314,603 RRF ‐ Committed Emergency Reserve 210,000 210,000 210,000 210,000 210,000 210,000 CONSERVATION TRUST FUND REVENUE 20‐30‐100 Cons Trust (Lottery) Proceeds 6,738 8,107 59,080 7,485 7,000 7,200 20‐30‐800 Interest Earnings 107 11 494 40 75 1,000 20‐30‐999 Unassigned Fund Balance 13,762 20,608 0 27,683 (426)26,456 Sub‐Total 20,608 28,726 59,574 35,208 6,649 34,656 EXPENDITURES 20‐40‐410 Bank Charges 0 0 0 0 00 20‐40‐650 Cons Trust Program Expenses 0 0 50,000 0 00 20‐40‐910 Transfer to General Fund 0 0 0 0 00 20‐40‐920 Transfer to Other Funds 0 0 10,000 10,000 10,000 10,000 Sub‐Total 0 0 60,000 10,000 10,000 10,000 CTF REVENUES OVER EXPENDITURES (Unassigned Bal YE)20,608 28,726 (426)25,208 (3,351)24,656 CAPITAL EQUIP REPLACEMENT FUND REVENUES 30‐30‐100 Hwy Use Tax Proceeds 47,218 58,884 56,206 59,477 54,191 49,318 30‐30‐500 Sale of CERF Assets 0 8,730 54,875 54875 00 30‐30‐800 Interest Earnings 2,170 92 2,523 3000 2,000 5,000 30‐30‐900 Transfer from G/F ‐ PoliceDept 60,000 60,000 64,487 64487 0 70,000 30‐30‐910 Transfer from G/F ‐ PublicWork 0 50,000 115,027 115027 00 30‐30‐920 Transfer from Utility Funds 0 90,000 200,000 200000 90,000 0 30‐30‐999 Unassigned Fund Balance 259,267 205,695 0 97,895 17,256 89,827 Sub‐Total 368,655 473,400 493,118 594,760 163,447 214,145 EXPENDITURES 30‐40‐745 Public Safety Fleet Purchase 57,731 53,873 64,487 65000 65,000 60,000 30‐40‐750 Regular Fleet Purchase 6,658 0 210,028 210,028 90,000 45,000 30‐40‐755 Heavy Equipment Purchase ‐7,925 0 104,999 104,999 00 30‐40‐810 Lease/Purchase ‐ Principal 92,265 97,214 92,206 92,269 00 30‐40‐820 Lease/Purchase ‐ Interest 14,232 9,282 4,142 4,135 00 30‐40‐910 Transfer to General Fund 0 0 0 0 00 Sub‐Total 162,961 160,369 475,862 476,431 155,000 105,000 CERF REVENUES OVER EXPENDITURES (Unassigned Bal YE)205,695 313,031 17,256 118,329 8,447 109,145 4 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget CAPITAL ASSET FUND REVENUE 32‐30‐100 Reserved for Future Use 128,985 0 0 0 00 32‐30‐500 Sale of Capital Assets 0 0 0 0 00 32‐30‐800 Interest Earnings ‐690 ‐80 ‐6,671 0 00 32‐30‐910 Transfer in from General Fund 200,000 550,000 600,000 600,000 500,000 650,000 32‐30‐940 Transfer in from DSF 0 0 0 0 00 32‐30‐950 Transfer in from Water Fund 0 0 0 0 00 32‐30‐999 Unassigned Fund Balance 299,058 53,434 0 134 177,444 134,134 Sub‐Total 627,353 603,353 593,329 600,134 677,444 784,134 EXPENDITURES 32‐40‐810 Capital Proj‐ Streets Existing 573,919 696,747 415,885 465,000 600,000 400,000 32‐40‐815 Capital Proj ‐ Streets New 0 0 0 0 0 0 32‐40‐820 Capital Proj ‐ Buildings Exist 0 37,753 0 0 0 0 32‐40‐825 Capital Proj ‐ Buildings New 0 0 0 0 00 32‐40‐830 Capital Proj ‐ Parks/OS Exist 0 0 0 0 00 32‐40‐835 Capital Proj ‐ Parks/OS New 0 0 0 0 00 32‐40‐900 Transfer to General Fund 0 0 0 0 00 32‐40‐910 Transfer to CAF Res ‐ Streets 0 0 0 0 00 32‐40‐920 Transfer to CAF Res ‐ Bldgs 0 0 0 0 00 32‐40‐930 Transfer to CAF Res ‐ Parks/OS 0 0 0 0 00 Sub‐Total 573,919 734,500 415,885 465,000 600,000 400,000 CAF REVENUES OVER EXPENDITURES 53,434 (131,147)177,444 135,134 77,444 384,134 CAF ‐ Committed Reserves 0000 0 0 COZENS RANCH OPEN SPACE (CROS) FUND REVENUE 35‐30‐100 Grants and Awards 0 0 115,827 225000 0 0 35‐30‐110 In‐Kind Services 0 0 0 0 10,000 0 35‐30‐120 Miscellaneous Revenue 0 0 0 0 00 35‐30‐130 Interest Income 1,529 107 3,060 500 2,000 2,000 35‐30‐910 Transfer in from General Fund 0 0 0 0 200,000 105,800 35‐30‐920 Transfer in from CTF 0 0 10,000 10000 10,000 10,000 35‐30‐999 Carryover Balance 212,233 212,992 0 274,892 (45,317)77,225 Sub‐Total 213,762 213,098 128,887 510,392 176,683 195,025 EXPENDITURES 35‐40‐300 Design 0 0 0 25000 25,000 30,000 35‐40‐310 Amphitheater 0 0 0 0 00 35‐40‐315 Bike Park 0 0 0 0 0 120,000 35‐40‐320 Landscape 0 0 0 0 10,000 10,000 35‐40‐325 Parking 0 0 0 0 00 35‐40‐330 Playground 0 0 0 0 0 0 35‐40‐335 Restrooms 770 1,955 34,873 24,000 350,000 0 35‐40‐340 Trails 0 10,515 139,331 39000 0 5,000 35‐40‐345 Utilities 0 0 0 50000 160,000 30,000 35‐40‐900 Transfer to General Fund 0 0 0 0 00 Sub‐Total 770 12,470 174,204 138,000 545,000 195,000 CROS FUND REVENUES 213,762 213,098 128,887 510,392 176,683 195,025 CROS FUND EXPENDITURES 770 12,470 174,204 138,000 545,000 195,000 CROS FUND REVENUES OVER EXPENDITURES 212,992 200,628 (45,317)372,392 (368,317)25 DEBT SERVICE FUND REVENUE 40‐30‐100 Property Tax 0 0 0 0 0 0 40‐30‐200 Specific Ownership Tax 0 0 0 0 0 0 40‐30‐500 Bond Proceeds 0 0 0 0 0 0 40‐30‐800 Interest Earnings 254 17 614 5 100 1,000 40‐30‐910 Transfer in from General Fund 0 0 0 0 0 0 40‐30‐990 Transfer in from DSF Reserves 0 0 0 0 0 0 40‐30‐999 Carryover Balance 1,573 1,827 0 1,927 614 1,932 Sub‐Total 1,827 1,844 614 1,932 714 2,227 EXPENDITURES 40‐40‐385 Treasurer's Fees GO Bond 0 0 0 0 0 0 40‐40‐390 Abatements ‐ GO Bond 0 0 0 0 0 0 40‐40‐500 Cost of Issuance 0 0 0 0 0 0 40‐40‐550 Underwriters Discount 0 0 0 0 0 0 40‐40‐810 Bond Principal ‐ 02 S&U Issue 0 0 0 0 0 0 40‐40‐811 Bond Principal ‐ 98 GO Issue 0 0 0 0 0 0 40‐40‐812 Bond Principal ‐ 98 S&U Issue 0 0 0 0 0 0 40‐40‐820 Bond Interest ‐ 02 S&U Issue 0 0 0 0 0 0 40‐40‐821 Bond Interest ‐ 98 GO Issue 0 0 0 0 0 0 40‐40‐822 Bond Interest ‐ 98 S&U Issue 0 0 0 0 0 0 40‐40‐850 Bond Agent Fees 0 0 0 0 0 0 40‐40‐910 Transfer to DSF Reserves 0 0 0 0 0 0 40‐40‐920 Transfer to Other Funds 0 0 0 0 0 0 Sub‐Total 0 0 0 0 0 0 5 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget DEBT SERVICE REVENUES 1,827 1,844 614 1,932 714 2,227 DEBT SERVICE EXPENDITURES 0000 0 0 DEBT SERVICE REVENUES OVER EXPENDITURES 1,827 1,844 614 1,932 714 2,227 Debt Service Fund Restricted Reserves 0000 0 0 Debt Service Fund Committed Reserves 35,520 35,537 34,307 33,698 33,693 35,920 WATER FUND REVENUES TAXES 50‐31‐100 Property Tax 0 0 0 0 0 0 50‐31‐200 Fraser Firming Revenue 0 0 ‐11 ‐11 0 0 Sub‐Total 0 0 (11)(11)0 0 LICENSES & PERMITS 50‐32‐100 Excavation Permit Fees 2,250 2,475 550 650 275 275 Sub‐Total 2,250 2,475 550 650 275 275 CHARGES FOR SERVICES 50‐34‐100 Customer Service Charges 1,073,290 1,109,198 1,115,950 1,122,146 1,300,000 1,205,115 50‐34‐150 Penalties & Interest 4,227 8,877 12,139 12,000 5,000 7,000 50‐34‐200 Plant Investment Fees 182,389 586,365 569,800 200,000 162,800 250,000 50‐34‐300 Water Meter Sales 32,084 92,462 77,077 64,000 56,000 40,000 Sub‐Total 1,291,990 1,796,902 1,774,966 1,398,146 1,523,800 1,502,115 MISCELLANEOUS REVENUE 50‐36‐100 Interest Earnings 9,341 953 49,666 5000 25,000 80,000 50‐36‐900 Miscellaneous Revenue 3,844 3,912 6,444 5,825 2,500 2,500 Sub‐Total 13,185 4,865 56,110 10,825 27,500 82,500 OTHER SOURCES & TRANSFERS 50‐39‐100 Debt Service Proceeds 0 0 0 0 0 0 50‐39‐200 Grants and Aid from Agencies 0 0 0 0 0 0 50‐39‐910 Transfers In 0 0 0 0 370,000 0 50‐39‐999 Unassigned Fund Balance 654,680 781,538 0 1,382,493 1,464,750 1,526,484 Sub‐Total 654,680 781,538 0 1,382,493 1,834,750 1,526,484 New Revenues 1,307,425 1,804,242 1,831,615 1,409,610 1,551,575 1,584,890 Total Revenue with Carryover 1,962,104 2,585,780 1,831,615 2,792,103 3,386,325 3,111,374 EXPENDITURES 50‐40‐110 Salaries 284,349 295,258 306,626 317,547 381,483 318,713 50‐40‐210 Health Insurance 67,048 62,852 59,449 67,922 65,539 73,975 50‐40‐220 FICA Tax 20,027 21,420 21,645 22,568 29,850 24,382 50‐40‐230 Retirement 14,501 16,499 19,199 17,314 29,090 25,497 50‐40‐250 Unemployment Tax 849 843 145 250 1,679 637 50‐40‐260 Workers Comp Claims 0 0 0 0 0 0 50‐40‐280 Training Programs 2,884 1,643 1,030 3500 3,500 3,500 50‐40‐290 Travel, Meals and Lodging 295 79 0 3500 3,500 3,500 50‐40‐295 Meals and Entertainment 6 100 644 0 2,000 2,000 50‐40‐300 Administrative Reimbursement 0 0 0 0 0 0 50‐40‐310 Legal Fees 77,298 55,381 40,534 45,000 65,000 65,000 50‐40‐330 Engineering Fees 46,427 104,986 140,301 143,000 70,000 40,000 50‐40‐360 Computers‐Networks and Support 12,243 49,922 25,736 17,700 20,000 25,000 50‐40‐370 Other Professional Services 8,613 4,604 8,118 5,000 60,000 80,000 50‐40‐385 Treasurer's Fees 0 0 0 0 0 0 50‐40‐390 Abatements 0 0 0 0 0 0 50‐40‐410 Bank Charges 0 0 0 0 0 0 50‐40‐430 Insurance 14,422 15,620 0 0 20,000 20,000 50‐40‐440 Advertising 0 0 0 0 500 500 50‐40‐460 System Repair and Maint ‐ Prod 65,506 57,551 70,519 120,000 100,000 202,000 50‐40‐465 System Repair and Maint ‐ Dist 21,580 10,940 100,075 110,000 90,000 90,000 50‐40‐490 Professional Memberships 5,814 5,542 6,418 9,141 10,000 10,000 50‐40‐500 Operating Supplies‐Production 15,589 13,042 20,892 25,751 35,000 40,000 50‐40‐505 Operating Supplies‐Distrib 38,954 66,170 37,977 30,758 45,000 40,000 50‐40‐510 Equipment Purchase and Repair 541 22 1,693 0 3,000 35,000 50‐40‐520 Testing 17,970 2,787 2,205 2500 10,000 3,000 50‐40‐550 Postage & Billing Supplies 1,649 990 700 1600 1,200 2,000 50‐40‐560 Utilities ‐ Telephone 11,298 11,582 11,659 17,496 12,000 12,000 50‐40‐562 Utilities ‐ Electricity 40,979 42,163 46,392 52,341 50,000 50,000 50‐40‐670 Prop Mgmt ‐ Fraser WTP 1,087 4,035 0 0 5,000 6,000 50‐40‐680 Prop Mgmt ‐ Maryvale WTP 8,927 236 0 0 5,000 6,000 50‐40‐685 Prop Mgmt ‐ St. Louis Headgate 0 0 0 0 0 0 50‐40‐690 Miscellaneous Expense 1,218 1,492 578 900 1,500 1,500 50‐40‐695 Bad Debt Write Off 0000 0 0 50‐40‐715 Water Rights ‐ Diversion & Dev 3,908 10,104 11,998 25,000 20,000 35,000 50‐40‐730 Capital Projects 0 0 0 40000 530,000 1,288,000 50‐40‐740 Capital Purchases 0 0 0 0 145,000 300,000 50‐40‐760 Fraser Firming ‐ CapProj 0 0 0 0 0 0 50‐40‐770 PIF ‐ Capital Purchases 0 0 0 0 0 0 50‐40‐780 Capitalized Assets ‐ Audit 0 0 0 0 0 0 50‐40‐790 Depreciation 396,586 0 0 0 0 0 50‐40‐810 Debt Service ‐ Principal 0 0 0 0 0 0 50‐40‐820 Debt Service ‐ Interest 0 0 0 0 0 0 50‐40‐850 Debt Service ‐ Agent Fees 0 0 0 0 0 0 50‐40‐910 Transfer to General Fund 0 0 0 0 0 0 50‐40‐930 Transfer to CERF 0 45,000 100,000 100000 45,000 0 50‐40‐970 Transfer to Reserves 0 0 0 0 0 77,000 50‐40‐980 Transfer to Strategic Reserves 0 0 0 0 0 0 50‐40‐990 Transfer to Wastewater Fund 0 0 0 0 0 0 6 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget Sub‐Total 1,180,566 900,863 1,034,533 1,178,788 1,859,841 2,880,203 WATER FUND REVENUES 1,962,104 2,585,780 1,831,615 2,792,103 3,386,325 3,111,374 WATER FUND EXPENDITURES 1,180,566 900,863 1,034,533 1,178,788 1,859,841 2,880,203 WATER FUND REVENUES OVER EXPENDITURES 781,538 1,684,917 797,082 1,613,315 1,526,484 231,171 Water Fund Committed Reserve 600,000 600,000 600,000 600,000 600,000 677,000 Water Fund Strategic Reserve 194,025 194,025 194,025 194,025 194,025 194,025 Water Fund Unassigned Reserve 781,538 1,684,917 797,082 1,613,315 1,526,484 231,171 WASTEWATER FUND REVENUES TAXES 0000 0 0 Property Tax 0 0 0 0 0 0 Specific Ownership Tax 0 0 0 0 0 0 Sub‐Total 0 0 0 0 0 0 LICENSES & PERMITS 55‐32‐100 Excavation Permit Fees 0 0 0 0 0 0 Sub‐Total 0 0 0 0 0 0 CHARGES FOR SERVICES 55‐34‐100 Customer Service Charges 860,950 897,520 907,777 924,088 1,032,000 950,000 55‐34‐150 Penalties & Interest 3,820 4,945 8,862 8,577 5,500 5,500 55‐34‐200 Plant Investment Fees 180,000 796,875 735,000 600,000 200,000 150,000 55‐34‐999 Contributed Assets 0 0 0 0 0 0 Sub‐Total 1,044,769 1,699,340 1,651,639 1,532,665 1,237,500 1,105,500 MISCELLANEOUS REVENUE 55‐36‐100 Interest Earnings 50,972 3,084 96,460 225000 33,000 150,000 55‐36‐500 JFF Management Fee 29,000 29,000 0 37800 37,800 37,800 55‐36‐900 Miscellaneous Revenue 0 1,543 0 0 0 0 Sub‐Total 79,972 33,627 96,460 262,800 70,800 187,800 OTHER SOURCES & TRANSFERS 55‐39‐100 Debt Service Proceeds 0 0 0 0 00 55‐39‐200 Grants and Aid from Agencies 0 0 0 0 00 55‐39‐910 Transfer in from General Fund 0 0 0 0 00 55‐39‐920 Transfer in from WWF Committed Res JFF Plant Rqmt 0000 00 55‐39‐999 Unassigned Fund Balance 4,867,989 4,726,399 0 0 4,556,962 2,956,216 Sub‐Total 4,867,989 4,726,399 0 0 4,556,962 2,956,216 New Revenues 1,124,741 1,732,967 1,748,099 1,795,465 1,308,300 1,293,300 Total Revenues with Carryover 5,992,731 6,459,366 1,748,099 1,795,465 5,865,262 4,249,516 EXPENDITURES 55‐40‐110 Salaries 287,334 313,411 337,570 390,000 381,483 318,713 55‐40‐210 Health Insurance 66,911 66,222 64,159 73,128 65,539 73,975 55‐40‐220 FICA Tax 20,149 22,658 23,887 24,788 29,850 24,382 55‐40‐230 Retirement 13,782 17,372 21,363 19,304 29,090 25,497 55‐40‐250 Unemployment Tax 852 895 156 319 1,679 637 55‐40‐260 Workers Comp Claims 0 0 0 0 0 0 55‐40‐280 Training Programs 700 368 0 2000 3,000 3,000 55‐40‐290 Travel, Meals and Lodging 0 0 0 0 3,000 3,000 55‐40‐295 Meals and Entertainment 0 0 0 0 2,000 2,000 55‐40‐310 Legal Fees 0 0 0 5000 5,000 5,000 55‐40‐330 Engineering Fees 82,690 0 83,764 65,000 80,000 80,000 55‐40‐360 Computers‐Networks and Support 9,290 19,358 18,247 14,368 15,000 15,000 55‐40‐370 Other Professional Services 8,577 4,604 7,043 20,000 10,000 10,000 55‐40‐410 Bank Charges 0 0 0 0 100 100 55‐40‐430 Insurance 9,027 10,137 0 0 12,000 12,000 55‐40‐440 Advertising 0 0 0 0 500 500 55‐40‐460 System Repair and Maint‐Collec 66,307 81,600 41,280 90,000 125,000 125,000 55‐40‐490 Professional Memberships 5,252 5,314 5,463 5,800 6,000 6,000 55‐40‐500 Operating Supplies‐Collections 698 247 79 0 5,500 5,500 55‐40‐510 Equipment Purchase and Repair 39 22 0 0 55,000 55,000 55‐40‐520 Testing 0 0 0 0 1,000 1,000 55‐40‐550 Postage & Billing Supplies 1,649 958 700 1200 2,500 2,500 55‐40‐560 Utilities ‐ Telephone 3,256 3,436 3,352 2,665 5,000 5,000 55‐40‐650 WW Treatment Charges/JFOC 228,471 260,156 329,403 182,410 451,796 500,000 55‐40‐660 JFF CapRepl Reserve 0 (9,129)0 0 0 0 55‐40‐670 JFF O&M Reserve 0 0 0 0 0 0 55‐40‐690 Miscellaneous Expense 1,038 4,011 1,267 1000 3,000 3,000 55‐40‐695 Bad Debt Write Off 0000 0 0 55‐40‐730 Capital Projects 14,082 338,213 6,875 1,674,000 2,500,000 500,000 55‐40‐740 Capital Purchases 0 0 0 0 0 0 55‐40‐760 PIF ‐ Capital Projects 0 0 22,509 6,875 0 0 55‐40‐770 PIF ‐ Capital Purchases 0 0 0 0 0 0 55‐40‐780 Capitalized Assets ‐ Audit 0 0 0 0 0 0 55‐40‐790 Depreciation 446,229 0 0 0 0 0 55‐40‐810 Debt Service ‐ Principal 0 0 0 0 0 0 55‐40‐820 Debt Service ‐ Interest 0 0 0 0 0 0 55‐40‐850 Debt Service ‐ Agent Fees 0 0 0 0 0 0 55‐40‐910 Transfer to General Fund 0 0 0 0 0 0 55‐40‐930 Transfer to CERF 0 45,000 100,000 100000 45,000 0 55‐40‐970 Transfer to  Reserves 0 0 0 0 50,000 50,000 55‐40‐980 Transfer to Strategic Reserves 0 0 0 0 0 0 55‐40‐990 Transfer to Water Fund 0 0 0 0 0 0 Sub‐Total 1,266,332 1,184,853 1,067,117 2,677,857 3,888,037 1,826,803 7 2020 2021 2022 2023 2023 2024 Actual Actual  Audited Year End  Estimate  Budget Draft Budget WASTEWATER FUND REVENUES 5,992,731 6,459,366 1,748,099 1,795,465 5,865,262 4,249,516 WASTEWATER FUND EXPENDITURES 1,266,332 1,184,853 1,067,117 2,677,857 3,888,037 1,826,803 WASTEWATER FUND REVENUES OVER EXPENDITURES 4,726,399 5,274,513 680,982 (882,392)1,977,225 2,422,713 WWF Committed Emergency Reserves 2,101,000 2,101,000 2,101,000 2,101,000 2,201,000 2,251,000 WWF Strategic Reserves 1,255,000 1,255,000 1,255,000 2,055,000 2,055,000 2,055,000 Wastewater Fund Unassigned Fund Balance 4,726,399 5,274,513 680,982 (882,392)1,977,225 2,422,713 FRASER HOUSING AUTHORITY REVENUES 60‐30‐100 Reserved for Future Use 0 0 0 0 00 60‐30‐200 Grants 0 0 0 0 00 60‐30‐400 Application Fees (Bedroom Fee) 0 0 0 120,000 108,000 175,000 60‐30‐800 Interest Earnings 0 0 0 0 00 60‐30‐900 Miscellaneous Revenue 0 0 0 0 00 60‐30‐910 Transfer in from General Fund 0 0 0 0 0 0 60‐30‐999 Unassigned Fund Balance 0 0 0 0 00 Sub‐Total 0 0 0 0 108,000 175,000 EXPENDITURES 60‐40‐310 Legal Fees 0 0 0 0 30,000 0 60‐40‐370 Professional Services 0 0 0 0 90,000 0 60‐40‐430 Insurance 0 0 0 0 20,000 0 60‐40‐900 Transfer to General Fund 0 0 0 0 00 Sub‐Total 0 0 0 0 140,000 0 FHA REVENUES OVER EXPENDITURES 0000 (32,000)175,000 FHA Committed Reserves 0000 0 108,000 8 2022 2023 2024 Budget Budget Draft Budget JOINT FACILITIES FUND - O&M REVENUE 40-30-100 Interest - O&M Accounts 400 110 200 40-30-200 O&M Reimbursement - WPR 240,297 284,782 313,081 40-30-205 Capital Reimbursement - WPR 0 0 0 40-30-210 O&M Reimbursement - GC#1 395,356 471770 518,652 40-30-215 Capital Reimbursement - GC#1 0 0 0 40-30-220 O&M Reimbursement - TOF 271,127 318096 349,706 40-30-225 Capital Reimbursement - TOF 0 0 0 40-30-230 Study Reimbursement - WP 0 0 0 40-30-235 Study Reimbursement - Granby 0 0 0 40-30-500 Sale of General Fixed Assets 0 0 0 40-30-800 Interest - Cap Res Accounts 0 0 0 40-30-900 Miscellaneous Revenue 0 0 0 Sub-Total 907,180 1,074,758 1,181,639 OTHER SOURCES AND TRANSFERS 40-30-930 Transfer In From Cap Project 0 0 0 40-30-980 Capitalized Reimbursements 0 0 0 40-30-999 Carryover Balance 40-20920 221,946 106 226,168 Sub-Total 221,946 106 226,168 2022 2023 2024 PLANT EXPENDITURES Budget Budget Budget 40-85-110 Salaries 240,000 227,615 233,134 40-85-210 Health Insurance 65,000 40,246 53,364 40-85-220 FICA Tax 18,360 17,997 22,156 40-85-230 Retirement 14,400 17,997 21,685 40-85-250 Unemployment Tax 720 100 200 40-85-260 Workers Comp Claims 0 0 0 40-85-280 Training Programs 3,000 3,500 3,500 40-85-290 Travel - Meals and Lodging 3,000 3,500 3,500 40-85-295 Meals - Local Business 300 300 300 40-85-310 Legal Fees 10,000 10,000 10,000 40-85-320 Audit Fee 3,000 5,000 6,000 40-85-330 Engineering Fees 10,000 10,000 100,000 40-85-340 Financial Services 0 0 0 40-85-350 Sludge Removal 70,000 164,058 130,000 40-85-370 Professional Services 15,000 10,000 10,000 40-85-375 Reimbursable Prof Services 0 0 0 40-85-410 Bank Charges 50 0 0 40-85-430 Insurance - Plant 40,000 38,500 38,500 40-85-440 Advertising 500 400 500 40-85-460 Plant Maintenance and Repair 55,000 60,000 60,000 40-85-475 Grounds Maintenance 1,500 1,500 1,000 40-85-480 Equipment Rental 500 2000 1500 40-85-490 Professional Memberships 600 800 600 1 2022 2023 2024 Budget Budget Draft Budget 40-85-500 Operating Supplies 10,000 15,000 15,000 40-85-506 Operating Supplies - Chemicals 50,000 50,000 50,000 40-85-510 Equipment Purchase and Repair 20,000 20,000 30,000 40-85-520 Testing 65,000 133,735 150,000 40-85-525 Permits 10,000 10000 10,000 40-85-550 Postage 700 0 0 40-85-560 Utilities - Telephone 5,850 4,000 6,000 40-85-562 Utilities - Electricity 175,000 182,000 175,000 40-85-565 Utilities - Natural Gas 3,500 7,000 7,000 40-85-567 Utilities - Plant Generator 3,000 4500 6000 40-85-569 Utilities - Trash Removal 2,800 4,400 6,000 40-85-650 Vehicle Expenses 8,000 8,500 8,500 40-85-690 Miscellaneous Expense 2,000 2,000 2,000 40-85-730 Capital Projects 0 0 0 40-85-740 Capital Purchases 0 0 0 40-85-750 Contingency 0 20000 20000 40-85-810 Lease/Purchase - Principal 0 0 0 40-85-820 Lease/Purchase - Interest 0 0 0 40-85-930 Capital Reserve Projects 0 0 0 40-90-900 Transfer to Nutrients 0    Sub-Total 906,780 1,074,648 1,181,439 Joint Facilities Fund Revenues 1,129,126 1,074,864 1,407,807 Joint Facilities Fund Expenditures 906,780 1,074,648 1,181,439 Joint Facilities Fund Revenues over Expenditure 222,346 216 226,368 Joint Facilities Fund O&M Reserve Reduction/Refund GC#1 Budget Total - O&M Reimb. and Mgmt Fees *409,856 478,518 525,804 WPR Budget Total - O&M Reimb. and Mgmt Fees *254,797 285,585 313,806 TOF Budget Total - O&M Reimb. 271,127 325,915 358,122 * Mgmt Fee Billed/Entity Annually 14,500 15,370 16,292          2 2022 2023 2024 Budget Budget Draft Budget JOINT FACILITIES FUND - CRR REVENUES 47-30-100 Interest Income - CRR Accounts 3,000 8,000 45,000 47-30-110 Interest Income - CIP Accounts 0 0 0 47-30-210 CRR Reimbursable - WPR 0 78600 78600 47-30-215 CIP Reimbursable - WPR 0 0 0 47-30-220 CRR Reimbursable - GC#1 0 131700 131700 47-30-225 CIP Reimbursable - GC#1 0 0 0 47-30-230 CRR Reimbursable - TOF 0 89700 89700 47-30-235 CIP Reimbursable - TOF 0 0 0 47-30-240 CRR Reimbursable - NCWCD 0 0 0 47-30-800 Sale of JFOC Fixed Assets 0 0 0 47-30-900 Miscellaneous Revenue 0 0 0 47-30-990 CRR Carryover Balance 47-20910 1,783,917 1,347,224 1,450,725 47-30-999 CIP Carryover Balance 0 0 0 Sub-total 1,786,917 1,655,224 1,795,725 EXPENDITURES Capital Replacement Reserve Projects (existing) 47-60-370 Engineering, Legal and Other Prof. Services 145,000 145000 175,000           47-60-730 CRR Projects 622,000 524000 700,000           A-Basin Covers $500,000 450,000           Headworks Equip.250,000           Capital Improvement Projects (new) 47-65-370 Engineering, Legal and Other Prof. Services 100,000 100000 100,000           47-65-730 CIP Projects 778,000 750000 675,000           Solar System Install (deferred from 2022)$300,000 325,000           Office Building New IPP Plan $450,000 350,000           Capital Purchases 47-69-740 Capital Purchases 40,000 105000 130,000           Vac Trailer Truck with Pump $80,000 80,000              Pickup Truck $0 50,000              Sub-total 1,685,000 1,624,000 1,780,000 Joint Facilites Fund CRR Revenues 1,786,917 1,655,224 1,795,725 Joint Facilites Fund CRR Expenditures 1,685,000 1,624,000 1,780,000 Joint Facilites Fund CRR Revenues over Expenditures 101,917 31,224 15,725          3 2022 2023 2024 Budget Budget Draft Budget JOINT FACILITIES FUND - NUTRIENTS REVENUE 50-30-100 Interest - Nutrients Accounts 0 0 0 50-30-200 Nutrients Reimbursement - WPR 46,247 103,205 117206 50-30-205 Capital Reimbursement - WPR 0 0 0 50-30-210 Nutrients Reimbursement - GC#1 76,089 170,971 194164 50-30-215 Capital Reimbursement - GC#1 0 0 0 50-30-220 Nutrients Reimbursement - TOF 52,180 115,279 130917 50-30-225 Capital Reimbursement - TOF 0 0 0 50-30-230 Nutrients Reimb - NCWCD 116,344 259,636 294858 50-30-235 Capital Reimb. - NCWCD 0 0 0 50-30-800 Interest - Cap Res Nutrients 0 0 0 50-30-900 Miscellaneous Revenue 0 0 0 Sub-Total 290,860 649091 737145 OTHER SOURCES AND TRANSFERS 50-30-910 Transfer In From O&M 0 0 0 50-30-930 Transfer In From Cap Project 0 0 0 50-30-980 Capitalized Reimbursements 0 0 0 50-30-999 Carryover Balance 30,010 0 0 Sub-Total 30,010 0 0 2022 2023 2024 PLANT EXPENDITURES Budget Budget Budget 50-85-110 Salaries 80,000 66192 74113 50-85-210 Health Insurance 25,000 12179 12179 50-85-220 FICA Tax 6,120 5295 6000 50-85-230 Retirement 4,800 5295 6000 50-85-250 Unemployment Tax 240 311 0 50-85-260 Workers Comp Claims 0 0 0 50-85-280 Training Programs 1,500 1500 1500 50-85-290 Travel - Meals and Lodging 1,500 1500 1500 50-85-295 Meals - Local Business 300 300 300 50-85-310 Legal Fees 5,000 9000 9000 4 2022 2023 2024 Budget Budget Draft Budget 50-85-320 Audit Fee 3,000 4500 4500 50-85-330 Engineering Fees 5,000 5000 25000 50-85-340 Financial Services 0 0 0 50-85-350 Sludge Removal 10,000 40000 40000 50-85-370 Professional Services 5,000 8000 8000 50-85-375 Reimbursable Prof Services 0 3000 3000 50-85-410 Bank Charges 0 0 0 50-85-430 Insurance - Plant 10,000 10000 10000 50-85-440 Advertising 500 120 120 50-85-460 Plant Maintenance and Repair 10,000 8500 10000 50-85-475 Grounds Maintenance 1,000 1000 1000 50-85-480 Equipment Rental 500 500 500 50-85-490 Professional Memberships 300 300 300 50-85-500 Operating Supplies 8,000 8000 8000 50-85-506 Operating Supplies - Chemicals 47,000 343179 200000 50-85-510 Equipment Purchase and Repair 12,000 35000 50000 50-85-520 Testing 20,000 20000 20000 50-85-525 Permits 5,000 2000 2000 50-85-550 Postage 300 0 0 50-85-560 Utilities - Telephone 300 220 220 50-85-562 Utilities - Electricity 25,000 30000 30000 50-85-565 Utilities - Natural Gas 0 0 0 50-85-567 Utilities - Plant Generator 1,000 1200 1200 50-85-569 Utilities - Trash Removal 1,500 1500 1500 50-85-650 Vehicle Expenses 0 0 0 50-85-690 Miscellaneous Expense 500 500 500 50-85-730 Capital Projects 500 5000 20000 50-85-740 Capital Purchases 0 0 50-85-750 Contingency 0 20000 20000 50-85-810 Lease/Purchase - Principal 0 0 0 50-85-820 Lease/Purchase - Interest 0 0 0 50-85-930 Capital Reserve Projects 0 0 0 Sub-Total 290,860 649091 566,432 Joint Facilities Fund Revenues 320,870 649,091 737,145 Joint Facilities Fund Expenditures 290,860 649091 566,432 Joint Facilities Fund Revenues over Expenditure 30,010 0 170,713 Joint Facilities Fund Nutirents Reserve Reduction/Refund GC#1 Budget Total - Nutrients Reimb. and Mgmt Fees 79,389 172,506 150,826 WPR Budget Total - Nutrients Reimb. and Mgmt Fees *49,547 102,954 90,015 TOF Budget Total - Nutrients Reimb. 52,180 117,493 102,726 NCWCD Budget Total - Nutrients Reimb. and Mgmt Fee 118,544 261,968 229,045 * 60% Mgmt Fee Billed/Entity Annually 3,300 3,498 3,708 ** 40% Mgmt Fee Billed/Entity Annually 2,200 2,332 2,472 5 Notice of 2024 Budget - Page 1 of 1 FILER Antoinette McVeigh amcveigh@town.fraser.co.us (970) 726-5491 FILING FOR Middle Park Times Columns Wide:1 Ad Class:Legals INTERIM AD DRAFT T his i s t h e pro o f of y ou r a d s ch ed u l e d t o r un i n Mi d d l e Pa r k Ti m es on th e d at e s i nd i ca t ed b e l o w. I f c h a n ge s a r e ne ed ed , p l ea se co nt a ct us pr i o r to d ea dlin e a t (9 70 ) 8 87 -3 33 4. Notice ID: ls9pMyYFy1iCn8tzcZ6j | Proof Updated: Oct. 12, 2023 at 04:19pm MDT Notice Name: Notice of 2024 Budget This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher. 11/02/2023: Other 10.12 Affidavit Fee 4.00 Subtotal $14.12 Tax $0.00 Processing Fee $1.41 Total $15.53 TOWN OF FRASER RESOLUTION 2023-11-15 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH HEADWATERS TRAILS ALLIANCE BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The Town Manager is hereby authorized to enter into the attached Memorandum of Understanding with Headwaters Trails Alliance. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Abstained: ___ BY:__________________________ Mayor ATTEST:______________________ (S E A L) Town Clerk   2024 Amended Memorandum of Understanding (MOU) Headwaters Trails Alliance and Town of Fraser ____________________________________________________________________________ ORGANIZATION: Headwaters Trails Alliance (HTA) VALID: January 2024 – December 2024 PURPOSE: General Operating Expenses, 120 Zerex St. Lease, Trail Maintenance Funds, Trail Projects, 4E Signs, Stewardship Ambassador Program This MOU between Headwaters Trails Alliance, a 501(c)(3) non-profit organization, and the Town of Fraser, is designed to identify the mutually beneficial relationship between the two entities and specify annual actions with which each can depend. HTA, its staff and board, agree that HTA will perform the following tasks: 1. Staff and handle daily guest interactions at the Outdoor Information Center, 120 Zerex St., a significant portion of the workday and workweek in order to assist with outdoor recreation informational needs. 2. Provide updated and current information and maps to guests and offer suggestions for outdoor recreation in Fraser, the Fraser Valley, and Grand County in general. 3. Assist the Town of Fraser with funding requests for outdoor recreation development and town improvements, including attending meetings, writing letters of support, assisting with trails and recreation development plans. 4. Seek additional funding from the Town of Fraser for projects that directly impact Fraser residents and guests. If funding is granted, HTA agrees to annually document and present how the funds were expended (i.e. projects, operations, materials, etc.). 5. Maintain Town of Fraser, USFS, Fraser Experimental Forest, and Denver Water Board trails in the Fraser area. Maintenance includes: retread, resurfacing, drainages, culverts, turnpikes, bridges, signage, reroutes when necessary & approved, etc. HTA will communicate any needs or trail problems above and beyond the issues identified above. 6. Manage the winter trail grooming project in both the Towns of Winter Park and Fraser and on the Fraser-to-Granby Trail. Provide a winter trail grooming project plan and MOU. Provide a grooming plan for the Cozens Ranch Open Space to facilitate access to the Fire & Ice Festival on February 10, 2024 HTA will submit invoices for reimbursement by April 15, 2024 to the Town of Fraser. 7. Market and engage trail users in the Adopt-a-Trail Program for community involvement and to lessen costs associated with trail maintenance. 8. Recognize the Town of Fraser’s support in media (newspaper, Facebook, social media) and all other appropriate means (i.e. kiosks, maps, signage, etc.). HTA will list the Town of Fraser as a partner on projects. 9. Meet with Fraser Town employees each spring to determine Public Works’ needs for trail work, staining of wooden structures, etc., and will schedule work days with volunteers around these identified projects. 10. Assist the Town of Fraser with maintenance on the Rendezvous 4E trail system which was conveyed to Fraser on February 3, 2021. HTA will provide the Town of Fraser with an annual 4E Scope of Work and estimated budget. 11. Work with the Town of Fraser on events and the promotion of Fraser’s walkability. The Town of Fraser, agrees to the following: 1. To provide for use of 120 Zerex St. for HTA’s annual administrative space at no charge to HTA. The Town of Fraser agrees to maintain the building and its operational systems. The lease is subject renewal each December. The approximate value of this annual lease is $15,000. 2. Support HTA via funding for general operations and projects in the Fraser area, including a contribution for trail maintenance work performed specifically in Fraser in the amount of $12,500. 3. Provide HTA with annual funding to support general operations and projects that enhance transportation in Grand County, especially in the Fraser area. These funds should be for projects that connect Fraser to other towns and/or improve connectivity between trail systems in the Fraser Valley but are subject to the discretion of HTA. Fraser will contribute $30,000 towards the USFS Trails Smart Sizing Project and/or BLM Phases Redevelopment Project for fiscal year 2024. 4. Provide HTA annual funding for Rendezvous 4E trail maintenance to assess and maintain the following trails: Hawk, Chickadee, Chicken-Hawk, Bench, Switchback, Columbine Woods, Pumphouse Pass, etc. HTA anticipates an annual maintenance cost of $5,000 for 7-10 days. If signage costs exceed available grant funds, Fraser will assist with remaining funding needs. 5. Provide HTA with a contribution of $5,000 for the annual Stewardship Ambassador program, placing volunteers at Fraser trailheads. 6. Work with HTA during budget cycles to identify mutually beneficial projects and potential funding sources. 7. Work with HTA for outdoor recreation signage enhancements in order to maintain uniformity between towns and ultimately, Grand County. 8. Keep HTA updated with established protocols for funding requests, especially transportation tax funds. 9. Support HTA’s efforts to provide a groomed winter trail on the Fraser River Trail, Marianne’s Trail (aka Lunch Loop), Givelo Trail, and Northwest Passage Trails for residents and guests by subsidizing the cost of the trail grooming expenses from selected contractor and HTA equipment and grooming expenses. 10. Work together for enhancements to parking lots and trailhead areas, including, but not limited to Lower Creekside, Rodeo/Givelo, Rendezvous at Rendezvous Rd. Send All Correspondence To: Meara McQuain Headwaters Trails Alliance PO Box 946 Granby, CO 80446 Accepted by: Town of Fraser Name: ___________________________ Signature: ___________________________ Title: ___________________________ Date: ______________________________ Accepted by: Headwaters Trails Alliance Name: ___________________________ Signature: ___________________________ Title: ___________________________ Date: ______________________________   LEASE AGREEMENT THIS AGREEMENT is made and entered into January 1, 2024, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (“Landlord”), and Headwaters Trails Alliance (“Tenant”). ARTICLE 1.0 - RECITALS AND PURPOSE 1.1 Landlord is the owner of the building located at 120 Zerex, situated in the Town of Fraser, County of Grand, State of Colorado. 1.2 Tenant desires to lease an office within the property. 1.3 Landlord has determined that the property is not currently needed for the Landlord’s purposes, and that the leasing of an office within said premises to Tenant would serve a valid public purpose by putting a vacant property into productive use and contributing to the local economy. 1.4 Landlord and Tenant desire to confirm their understanding and agreement concerning said lease, all as more fully provided herein below. NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein, the parties agree as follows: ARTICLE 2.0 - DEMISE 2.1 For and in consideration of the performance of the covenants and agreements herein contained to be kept and performed by Tenant, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord and office within 120 Zerex, subject to all land use and building and zoning codes, resolutions and regulations; and subject to all reservations, exceptions, restrictions, covenants and easements of record or visible. 2.2 During the term of this lease, Tenant shall also have the right to use the parking area adjacent thereto. 2.3 Tenant agrees to accept the facility "as is"; and Landlord makes no warranty or representation, express or implied, with respect to the merchantability, condition, quality, design, operation, fitness for a particular purpose, or workmanship of the property, in any respect whatsoever. ARTICLE 3.0 - TERM 3.1 The term of this Lease shall commence January 1, 2024 ending at midnight on December 31, 2024. 3.2 This Lease may be renewed or extended for an additional term upon mutual agreement of the parties and upon such terms and conditions as may then be agreed upon. Any such renewal or extension of this Lease shall be evidenced only by a writing signed by both Landlord and Tenant. ARTICLE 4.0 - RENT/SERVICES; SECURITY DEPOSIT 4.1 Rental for the full Term of $0, shall be paid in monthly installment of $0 payable in advance, on or before twelve o’clock noon on the first day of each calendar month during the term of this Lease at the office of the Landlord at 153 Fraser Avenue, Fraser, Colorado, without notice (“Rent”). The first payment shall be due January 1, 2023. 4.2 Tenant shall provide a security deposit in the amount of $0 concurrent or prior to execution of this lease. ARTICLE 5.0 - USE OF PREMISES; RESERVATIONS BY LANDLORD 5.1 Tenant may occupy and use the property for the administrative operations of the Headwaters Trails Alliance and related activities. Tenant will cooperative with Landlord as it relates to other uses of the facility. No other uses shall be permitted without the written consent of Landlord. 5.2 Landlord reserves the right to enter upon the property at any reasonable time to inspect the premises, to show them to prospective purchasers or tenants, or for any other purpose deemed appropriate by Landlord, so long as the exercise of such right of entry does not unreasonably interfere with Tenant’s use of the property. ARTICLE 6.0 - PROTECTION OF PROPERTY, ALTERATIONS, MAINTENANCE AND UTILITIES 6.1 Tenant covenants and agrees: 6.1.1 Not to commit or permit the commission by others of any waste upon the premises; and 6.1.2 Not to remove or allow any other person to remove any improvements or fixtures of any kind without Landlord's prior written consent. 6.2 Tenant may install improvements upon the property only upon written consent of the Landlord. Tenant shall submit the plans for any alterations, showing the design proposed, and Landlord’s written approval of such plans shall be required before Tenant proceeds with the proposed alterations. Landlord agrees not to unreasonably withhold approval of such plans, but may require reasonable changes therein. As a condition of approval of such plans, Landlord may require Tenant to post a security deposit, in such amount as may be deemed appropriate by Landlord, to secure Tenant’s obligation to remove any such partitions or other alterations and restoration of the premises upon termination of this Lease. Such security deposit shall be in addition to any other deposit required from Tenant pursuant to this Lease. -2- 6.3 Subject to Landlord's written approval, Tenant may erect appropriate signs to advertise its business; provided that any such signage must comply with the Fraser Sign Code. Prior to installation, Tenant shall submit the proposed sign design, including layout, materials and location, for Landlord’s approval along with an appropriate Sign Permit Application, and Landlord shall respond in writing within 30 days. 6.4 Except as provided in Sections 6.2 and 6.3, Tenant shall not make any other material alterations or improvements to the property without Landlord's prior written consent. Any permanent improvements made to the property by Tenant during the lease term, except for movable trade fixtures installed by Tenant, shall be deemed a part of the real estate and, at the election of the Landlord, shall remain a part of the property at the expiration or termination of this Lease. If requested by Landlord following the expiration or termination of this Lease, Tenant shall promptly remove any improvements installed by Tenant and shall restore the Property to the condition it was in upon the commencement of this Lease. Tenant shall remove all of Tenant's personal property and any movable trade fixtures installed by Tenant at the expiration or termination of this Lease and shall promptly repair any damage caused by such removal. Tenant shall promptly pay for any work done or materials furnished on or about the property at Tenant's instance and shall indemnify Landlord from and against any claims relating to such work. 6.5 Landlord shall be responsible for the following maintenance and utilities, at Landlord’s expense, except for any maintenance or repair required due to misuse or negligence by Tenant or its employees, which shall be the responsibility of Tenant: 6.5.1 Exterior building maintenance, including painting or staining, and any structural repairs, as deemed necessary by Landlord; 6.5.2 Any necessary maintenance and repair of the water and sewer service lines to the Property. This does not include frozen or obstructed service lines resulting from Tenant’s use of the property. 6.6 Landlord shall be responsible for payment of all utility services to the property and for providing all maintenance and repairs necessary to keep the facility and all fixtures and improvements therein in a condition as good as at the time Tenant took possession, ordinary wear and tear excepted. This obligation includes necessary maintenance and repairs of utility systems, such as heating and plumbing fixtures. ARTICLE 7.0 - TAXES, INSURANCE AND INDEMNIFICATION 7.1 Landlord shall pay any and all personal property, sales, use, withholding and other taxes with respect to Tenant's personal property and its operations at the property. 7.2 Landlord may, at its option and expense, maintain general hazard insurance upon the property during the lease term. Tenant understands that any such insurance maintained by Landlord will not cover any of Tenant's equipment, trade fixtures or other personal property on the premises or any interruption of Tenant’s business; and in the event Tenant desires such insurance coverage, it shall obtain it at its own expense. -3- 7.3 Tenant agrees to indemnify and hold harmless Landlord, its officers, employees, insurers and/or self-insurance pools, from and against all liabilities, losses, claims, demands, damages and expenses, including reasonable attorney fees, incurred or suffered by Landlord as a result of: (a) failure by Tenant to perform any covenant required to be performed by Tenant hereunder; (b) any accident, injury, or damage caused by, resulting from, arising out of or in any manner connected with the use of the property; and (c) failure by Tenant to comply with any requirement of any governmental authority. 7.4 Tenant agrees to obtain and keep in force, at Tenant's expense, during the entire term of this Lease, such liability insurance as will fully protect Tenant from claims under Worker's Compensation and other employee benefit laws for bodily injury and death and for property damage that may arise out of Tenant's operations in the property. Tenant shall also maintain, at its expense, a policy of comprehensive general public liability and property damage insurance, providing coverage of both Tenant and Landlord for claims for damages for bodily injury, including wrongful death, as well as claims for property damages, which may arise from the ownership, maintenance, use or operation of the property, whether or not the foregoing described uses and activities be by Tenant or by anyone directly or indirectly employed by Tenant. Such insurance shall be maintained in amounts of not less than $150,000.00 for injury to one person in any single occurrence and not less than $600,000.00 for injury to two or more persons in any single occurrence, or such larger amounts as correspond with the recovery limits applicable to governmental entities under C.R.S. 24-10-114(1) as the same may be from time to time amended. The policy shall be endorsed to include Landlord as an additional insured and to provide that the coverage afforded under the policy shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been give to Landlord. Such coverage shall be primary insurance, and any insurance carried by Landlord or carried or provided through any insurance pool to which Landlord belongs shall be excess and not contributory insurance to that provided by Tenant. Upon Landlord’s request, Tenant shall promptly furnish Landlord with a certificate of insurance evidencing the insurance coverage required by this Paragraph. 7.5 Failure on the part of Tenant to procure and maintain policies providing the required insurance coverage, conditions, and minimum limits provided in this Article shall constitute a material breach of this Agreement, for which Landlord may immediately terminate this Agreement, or at its discretion, Landlord may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all sums so paid by Landlord shall be repaid by Tenant upon demand. 7.6 Landlord and Tenant understand and agree that Landlord is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to Landlord, its officers, or its employees. ARTICLE 8.0 - ASSIGNMENT OR SUBLETTING 8.1 Tenant shall not assign its interests under this Lease nor sublet the property, in whole or in part, without first obtaining Landlord's express written consent in each instance. In the event of any permitted assignment or subletting hereunder, Tenant shall remain liable to Landlord for the performance of all terms, covenants and provisions of this Lease, unless Tenant is released in writing by Landlord. -4- ARTICLE 9.0 - DEFAULT BY TENANT; REMEDIES 9.1 Time is of the essence of this Lease with respect to the performance by Tenant of its obligations hereunder. If Tenant shall default in the performance of any of its obligations under this Lease, Landlord may give written notice of such default to Tenant. If the default is not cured within ten (10) days after such written notice is given, Landlord may elect to terminate this Lease by giving a further written notice of such termination to Tenant. If such further notice is given, this Lease shall terminate on the date fixed in such notice as completely as if that were the date herein definitely fixed for expiration of the term of this Lease, and Tenant shall then surrender the Leased Property to Landlord. 9.2 No remedy conferred upon or reserved to Landlord shall exclude any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute. 9.3 In the event of any litigation or arbitration arising out of or relating to this Lease, the Court shall award to the prevailing party all reasonable costs and expenses thereof, including attorney fees. ARTICLE 10.0 - NOTICE 10.1 Except as otherwise expressly provided herein, all notices required or permitted under this Lease shall be in writing and shall be delivered in person or sent by United States certified mail, return receipt requested. If sent by mail, a notice shall be deemed to have been properly given when deposited in any post office, branch post office, or mail depository regularly maintained by the United States Postal Service and sent by certified mail, return receipt requested, with postage thereon pre-paid, addressed as follows: To Landlord: Town of Fraser P.O. Box 370 Fraser, CO 80442 To Tenant: _______________ _______________ _______________ or addressed to each respective party at such other address as such party may hereafter furnish to the other party in writing. ARTICLE 11.0 - MISCELLANEOUS PROVISIONS 11.1 This Lease shall be construed under and shall be governed by the laws of the State of Colorado, the state courts of which shall have exclusive jurisdiction over any court action arising therefrom. 11.2 This Lease embodies the entire agreement and understanding between the parties relating to the subject matter hereof and may not be altered or amended except by writing signed by Landlord and Tenant and specifically referring hereto. 11.3 Except as otherwise expressly provided herein, this Lease and the rights and duties of Landlord and Tenant hereunder shall be binding upon and shall inure to the benefit of their respective successors and permitted assigns. -5- IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures, effective the date first above mentioned. LANDLORD TOWN OF FRASER, COLORADO ________________________________ Michael Brack Town Manager ATTEST: _________________________________ Town Clerk TENANT Headwaters Trails Alliance ____________________________________ STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day of 2024, by , Notary Public My commission expires: [SEAL] -6- TOWN OF FRASER RESOLUTION NO. 2023-11-14 APPROVING 2024 BUILDING DEPARTMENT BUDGET WHEREAS, the Towns of Fraser and Winter Park established a joint Winter Park/Fraser Building Department by intergovernmental agreement on December 20, 2006; and WHEREAS, The Building Department has submitted a proposed budget to said governing body for its consideration; and WHEREAS, the proposed budget remains in balance, as required by law; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1.The attached 2024 budget for the Winter Park/Fraser Building Department is approved. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk Town of Winter Park, Colorado Building Inspections Budget Net Revenue Allocations 2024 Permit Revenue Investment Earnings Winter Park Granby Fraser Total $ 422,000 $ 300,000 $ 214,000 $ 936,000 2,333 2,333 2,333 7,000 424,333 302,333 216,333 943,000 Revenue %'s 45% 32% 2296 100% Total Expenditures -Allocation (278,818) (198,655) (142,147) (619,619) Net Revene 145,516 183,678 74,787 323.381 TOWN OF FRASER RESOLUTION NO. 2023-11-12 LEVYING PROPERTY TAXES TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR FRASER, COLORADO, FOR THE BUDGET YEAR 2024 WHEREAS, the Board of Trustees of the Town of Fraser has adopted the annual budget in accordance with all Local Government Laws, on November 15, 2023; and WHEREAS, the 2023 final valuation for Fraser, as certified by the County Assessor, is $121,646,930 NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Fraser, Colorado that: SECTION 1. For the purpose of meeting all general operation expenses of the Town during the 2024 Budget year, there is hereby levied a tax of 5.886 mills upon each and every dollar of valuation for assessment of all properties within the Town of Fraser for the year 2024. Based upon the final assessed valuation certification as provided by the County Assessor, this would result in an amount of $724,644. SECTION 2. The Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of the County of Grand, the mill levies for the Town of Fraser as herein above described and fixed. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk County Tax Entity Code New Tax Entity? YES ® NO CERTIFICATION OF VALUATION BY Grand County COUNTY ASSESSOR DOLA LGID/SID Date 08/21/2023 NAME OF TAX ENTITY: FRASER, TOWN OF IN ACCORDANCE WITH 39-5-121(2)(a) and 39-5-128(1), C.R.S., AND NO LATER THAN AUGUST 25, THE ASSESSOR CERTIFIES THE TOTAL VALUATION FOR ASSESSMENT FOR THE TAXABLE YEAR 2023 . 1. PREVIOUS YEAR'S NET TOTAL TAXABLE ASSESSED VALUATION: 2. CURRENT YEAR'S GROSS TOTAL TAXABLE ASSESSED VALUATION: $ 3. LESS TOTAL TIF AREA INCREMENTS, IF ANY: 4. CURRENT YEAR'S NET TOTAL TAXABLE ASSESSED VALUATION: 5. NEW CONSTRUCTION: * 6. INCREASED PRODUCTION OF PRODUCING MINE: 7. ANNEXATIONS/INCLUSIONS: 8. PREVIOUSLY EXEMPT FEDERAL PROPERTY: 9. NEW PRIMARY OIL OR GAS PRODUCTION FROM ANY PRODUCING OIL AND GAS 9. LEASEHOLD OR LAND (29-1-301(1)(b), C.R.S.): D 10. TAXES RECEIVED LAST YEAR ON OMITTED PROPERTY AS OF AUG. 1 (29-1- 301(1)(a), C.R.S.). Includes all revenue collected on valuation not previously certified: 11. TAXES ABATED AND REFUNDED AS OF AUG. 1 (29-1-301(1)(a), C.R.S.) and (39-10- 114(1)(a)(I)(B), C.R.S.): 1. $ 76,343,030 2. $ 121,646,930 3. 4. $ 121,646,930 5. $ 2,517,470 6. 7. $0 8. so $0 $0 $0 10. $ $0.00 11. $ $70.69 $ This value reflects personal property exemptions IF enacted by the jurisdiction as authorized by Art. X, Sec. 20(8)(b), Colo. Constitution * New Construction is defined as: Taxable real property structures and the personal property connected with the structure. as Jurisdiction must submit to the Division of Local Government respective Certifications of Impact in order for the values to be treated as growth in the limit calculation; use Forms DLG 52 & 52A. Jurisdiction must apply to the Division of Local Government before the value can be treated as growth in the limit calculation; use Form DLG 52B. SE FOR TABOR "LOCAL GROWTH" CALCULATION ONLY IN ACCORDANCE WITH ART.X, SEC.20, COLO. CONSTUTION AND 39-5-121(2Xb), C.R.S., THE Grand County ASSESSOR CERTIFIES THE TOTAL ACTUAL VALUATION FOR THE TAXABLE YEAR 2023 . 1. CURRENT YEAR'S TOTAL ACTUAL VALUE OF ALL REAL PROPERTY: 1f ADDITIONS TO TAXABLE REAL PROPERTY 11 4 2. CONSTRUCTION OF TAXABLE REAL PROPERTY IMPROVEMENTS: 3. ANNEXATIONS/INCLUSIONS: 4. INCREASED MINING PRODUCTION: § 5. PREVIOUSLY EXEMPT PROPERTY: 6. OIL OR GAS PRODUCTION FROM A NEW WELL: 7. TAXABLE REAL PROPERTY OMITTED FROM THE PREVIOUS YEAR'S TAX WARRANT: (If land and/or a structure is picked up as omitted property for multiple years, only the most current year's actual value can be reported as omitted property.): DELETIONS FROM TAXABLE REAL PROPERTY 8. DESTRUCTION OF TAXABLE REAL PROPERTY IMPROVEMENTS: 9. DISCONNECTIONS/EXCLUSIONS: 10. PREVIOUSLY TAXABLE PROPERTY: * 1. $ 1,551,702,510 2. $ 36,795,866 3, $0 4. $0 5. $0 6. $0 7. 8. $0 $0 9. $0 10. $11,300 This includes the actual value of all taxable real property plus the actual value of religious, private school, and charitable real property. Construction is defined as newly constructed taxable real property structures. Includes production from new mines and increases in production of existing producing mines. IN ACCORDANCE WITH 39-5-128(1), C.R.S., AND NO LATER THAN AUGUST 25, THE ASSESSOR CERTIFIES TO SCHOOL DISTRICTS: TOTAL ACTUAL VALUE OF ALL TAXABLE PROPERTY $ 1,554,608,170 IN ACCORDANCE WITH 39-5-128(1.5), C.R.S., THE ASSESSOR PROVIDES: HB21-1312 ASSESSED VALUE OF EXEMPT BUSINESS PERSONAL PROPERTY (ESTIMATED): ** $127,532 The tax revenue lost due to this exempted value will be reimbursed to the tax entity by the County Treasurer in accordance with 39-3-119.5(3), C.R.S. NOTE: ALL LEVIES MUST BE CERTIFIED to the COUNTY COMMISSIONERS NO LATER THAN DECEMBER 15. DLG 57 (Rev. 7/21) TOWN OF FRASER RESOLUTION NO. 2023-11-11 SUMMARIZING REVENUES AND EXPENDITURES FOR EACH FUND AND ADOPTING THE BUDGET FOR THE TOWN OF FRASER, COLORADO FOR THE FISCAL YEAR 2024 WHEREAS, The Board of Trustees of the Town of Fraser has appointed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a proposed budget to said governing body for its consideration; and WHEREAS, upon due notice published in accordance with Colorado Statutes, the budget was available at the Fraser Town Hall and public hearings were held on November 15, 2023 giving interested taxpayers the opportunity to file or register any objections to said budget; and WHEREAS, the proposed budget remains in balance, as required by law. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of The Town of Fraser, Colorado that: SECTION 1. Revenues for each fund are set as follows: General Fund $ 12,053,944 Restricted Revenue Fund $ 1,554,659 Conservation Trust Fund $ 34,656 Capital Equipment Replacement Fund $ 214,145 Capital Asset Fund $ 784,134 CROS Fund (a Special Revenue Fund) $ 195,025 Debt Service Fund $ 2,227 Water Fund $ 3,111,374 Wastewater Fund $ 4,249,516 Fraser Housing Authority Fund $ 175,000 Joint Facilities Fund -O&M $ 1,407,807 Joint Facilities Fund -CRR $ 1,795,725 Joint Facilities Fund - Nutrients $ 737,145 SECTION 2. Expenditures for each fund are estimated as follows: General Fund $ 9,721,743 Restricted Revenue Fund $ 1,240,056 Conservation Trust Fund $ 10,000 Capital Equipment Replacement Fund $ 105,000 Capital Asset Fund $ 400,000 CROS Fund (a Special Revenue Fund) $ 195,000 Debt Service Fund $ 0 Water Fund $ 2,880,203 Wastewater Fund $ 1,826,803 Fraser Housing Authority Fund $ 0 Joint Facilities Fund -O&M $ 1,181,439 Joint Facilities Fund -CRR $ 1,780,000 Joint Facilities Fund - Nutrients $ 566,432 SECTION 3.Any and all year-end fund balances shall be considered an Unassigned Fund Balance increase and therefore part of the 2023 fiscal year spending,within the meaning of article X,section 20(2)(e)of the Colorado Constitution.The Budget,as submitted,and herein above submitted by fund, hereby is adopted and approved as the Budget for the Town of Fraser for the fiscal year 2024. Said Budget is hereby approved and made part of the public records of the Town. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023. Votes in favor: __BOARD OF TRUSTEES OF THE Votes opposed: __TOWN OFF FRASER, COLORADO Abstained: __ BY: __________________________ Mayor ATTEST: ___________________________ Town Clerk (SEAL) TOWN OF FRASER RESOLUTION NO. 2023-11-13 APPROPRIATING SUMS OF MONEY TO VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNT AND FOR THE PURPOSE AS SET FORTH BELOW, FOR THE TOWN OF FRASER, COLORADO FOR THE BUDGET YEAR 2024 WHEREAS, the Board of Trustees of the Town of Fraser has adopted the annual budget in accordance with Colorado' s Revised Statutes on November 15, 2023; WHEREAS, the Board of Trustees has made provisions therein for the revenues in an equal amount or greater than the total expenditures as set forth in said budget; and WHEREAS, it is not only required by law, but necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Fraser, Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Fraser, Colorado that: SECTION 1. The following sums of money are appropriated from the revenues provided of each fund, for the purposes stated: General Fund $ 12,053,944 Restricted Revenue Fund $ 1,554,659 Conservation Trust Fund $ 34,656 Capital Equipment Replacement Fund $ 214,145 Capital Asset Fund $ 784,134 CROS Fund (a Special Revenue Fund) $ 195,025 Debt Service Fund $ 2,227 Water Fund $ 3,111,374 Wastewater Fund $ 4,249,516 Fraser Housing Authority Fund $ 175,000 Joint Facilities Fund -O&M $ 1,407,807 Joint Facilities Fund -CRR $ 1,795,725 Joint Facilities Fund - Nutrients $ 737,145 SECTION 2. Any and all year-end fund balances shall be considered an Unassigned Fund Balance increase and therefore part of the 2024 fiscal year spending, within the meaning of article X, section 20(2)(e) of the Colorado Constitution. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th DAY OF NOVEMBER 2023. Votes in favor: __ BOARD OF TRUSTEES OF THE Votes opposed: __TOWN OF FRASER, COLORADO Abstained: __ BY:_______________________ Mayor (SEAL) ATTEST: __________________________ Town Clerk TOWN OF FRASER RESOLUTION NO. 2023-11-17 AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH KFFR 88.3FM WHEREAS, KFFR operates as a radio station under the governance of Fraser Valley Community Media (FVCM) WHEREAS, The Town of Fraser will benefit with enhanced marketing and community engagement WHEREAS, The Town of Fraser and KFFR desire to enter into a year-long marketing partnership to achieve mutual goals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THE FOLLOWING: 1.Authorize the Town Manager to enter into an agreement with KFFR 88.3FM for $20,000. READ,PASSED ON ROLL CALL VOTE,AND ADOPTED BY THE BOARD OF TRUSTEES THIS _15th DAY OF NOVEMBER, 2023. Votes in favor: ___BOARD OF TRUSTEES OF THE Votes opposed: ___TOWN OF FRASER, COLORADO Abstained: ___ BY: Mayor ATTEST: (S E A L) Town Clerk MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Sarah Wieck, Marketing and Communications Manager DATE:November 8, 2023 SUBJECT:KFFR and Town of Fraser Memorandum of Understanding (MOU) MATTER BEFORE BOARD: KFFR and the Town of Fraser MOU ACTION REQUESTED: Approval of Resolution 2023-11-17 Authorizing Memorandum of Understanding with KFFR 88.3FM BACKGROUND: The proposed Memorandum of Understanding (MOU) between the Town of Fraser and KFFR brings mutual benefits to both parties. For the Town of Fraser, this collaboration enhances the visibility of community initiatives, promotes local tourism, and strengthens community engagement through KFFR's broad communication platforms. It offers an opportunity to highlight Fraser's growth, development, and future aspirations to a wider audience. For KFFR, the partnership with the Town of Fraser provides a tangible connection to the local community, enabling the station to remain responsive to local needs and interests. It facilitates access to exclusive information, insights, and interviews that can enrich their content quality. This partnership also aligns with KFFR’s commitment to being a local voice, promoting local stories, and fostering a sense of community. The Town has appropriated funds in the Marketing budget and marketing for special events that would cover the cost of the MOU without additional appropriation needed. ALTERNATIVES: 1.Approve Resolution 2023-11-17 Authorizing Memorandum of Understanding with KFFR 2.Approve the MOU with amendments. 3.Deny Resolution 2023-11-17 Authorizing Memorandum of Understanding with KFFR RECOMMENDATION: Motion to approve Resolution 2023-11-17 Authorizing Memorandum of Understanding with KFFR MEMORANDUM OF UNDERSTANDING (MOU)BETWEEN TOWN OF FRASER AND FRASER VALLEY COMMUNITY MEDIA,DBA KFFR,88.3FM. **This Memorandum of Understanding (MOU)is entered into on this ____day of ____________,2023,(the "Effective Date")by and between the Town of Fraser,hereinafter referred to as "Town of Fraser,"and KFFR,88.3FM,hereinafter referred to as "KFFR," collectively referred to as the "Parties." WHEREAS,KFFR operates as a radio station under the governance of Fraser Valley Community Media (FVCM). WHEREAS,the Town of Fraser seeks to enhance its marketing and community engagement efforts in 2024. WHEREAS,the Parties desire to enter into a year-long marketing par tnership to achieve mutual goals. NOW,THEREFORE,the Parties agree as follows: 1.Objectives and Scope of Partnership 1.1 The Town of Fraser and KFFR,under the auspices of FVCM,hereby agree to a year-long marketing partnership for the year 2024. 1.2 The total cost of this service agreement is $20,000 (USD). 2.On-Air Messaging 2.1 KFFR will provide daily on-air messages supporting the Town of Fraser's brand and town initiatives.These announcements will air a minimum of 3 times per day throughout the year. 2.2 The content of these announcements can be changed at any time at the discretion of Sarah Wieck,the Communication and Marketing Manager for the Town of Fraser. 3.Online Presence 3.1 The Town of Fraser will receive premium placement on the KFFR website including logo placement at the bottom of each page,a regularly updated story featured on the home page,and a repository of archived interviews and events occurring throughout the year. 3.2 The Town of Fraser will be provided with a banner ad that will reach the online audience via the KFFR streaming platform.This will help promote the Town of Fraser to visitors and second homeowners that tune into KFFR to stay connected to the area. 3.3 Both parties will collaborate to ensure that the online content remains up-to-date and accessible to the public,fostering government transparency and community engagement. 4.Support for Town of Fraser Events 4.1 KFFR will allocate $10,000 to support live events hosted by the Town of Fraser in 2024 ensuring that these events are not only entertaining but also engage the community before and after the event. 4.2 For each event,KFFR will produce 30-second recorded announcements promoting the event for a full month. 4.3 All Town of Fraser events will be included in KFFR's weekly community calendar and receive a minimum of 2 social media posts on Instagram and Facebook promoting the event. 4.5 KFFR will promote Picnic in the Park in June and July of 2024.KFFR will interview musicians,artists and vendors that are featured at Picnic in the Park.These interviews will be recorded and archived at kffr.org,making them accessible to the public. 5.Live Remote Broadcasts 5.1 KFFR will feature live remote broadcasts for two events: -Fire and Ice on February 10,2024. -Fraser Mountain Mural Festival in August 2024. The timing and length of these remote broadcasts will be negotiated with the Communication and Marketing Manager for the Town of Fraser. 5.2 KFFR will provide a live remote broadcast with an emcee and DJ,who will make announcements,drive traffic to the event,and coordinate with Sarah Wieck to play appropriate music,creating an entertaining and engaging atmosphere. 5.3 KFFR will produce daily announcements,host interviews with musicians, businesses,and art vendors,and promote the weekly events through KFFR's social media accounts. 5.4 The Parties will regularly meet to evaluate the effectiveness of these live remote broadcasts and make adjustments as necessary. 6.Promoting Transparent Government and Democratic Process 6.1 KFFR will allocate $5,000 to promote a transparent government and the democratic process in 2024,ensuring that these efforts are well-defined and contribute to government transparency. 6.2 Throughout the year,members from the Town Council,the Town Manager,and the Mayor will be invited on KFFR's Public Affairs show a minimum of 6 times. 6.3 In October 2024,FVCM will collaborate with the Town to host a candidate forum. This forum will be live broadcast and archived on the KFFR website. 6.4 Both Par ties will actively measure and assess the impact of their efforts to promote transparent government and the democratic process,ensuring that the community benefits from these initiatives. 7.Signatories This MOU is agreed upon by the following representatives of the Par ties: For Fraser Valley Community Media (FVCM): _______________________________________________________________________ Ryan Wilson Executive Director For the Town of Fraser: _______________________________________________________________________ Town Manager ______________________________________________________________________ Mayor Date:___________________________ This Memorandum of Understanding is hereby accepted and agreed upon by the Parties on the Effective Date mentioned above. Please retain a copy of this MOU for your records. Page 1 of 8 TOWN OF FRASER, COLORADO ORDINANCE NO. 504 Series, 2023 AN ORDINANCE OF THE TOWN OF FRASER,COLORADO (1) DETERMINING THE NECESSITY OF ESTABLISHING THE FRASER DOWNTOWN DEVELOPMENT AUTHORITY AND (2) SUBMITTING THE QUESTION OF ESTABLISHING THE FRASER DOWNTOWN DEVELOPMENT AUTHORITY AND A DEBT AUTHORIZATION QUESTION TO AN ELECTION OF QUALIFIED ELECTORS AT A REGULAR ELECTION TO BE HELD ON APRIL 2, 2024. WHEREAS,the Town of Fraser,Colorado (the “Town”),is a municipal corporation duly organized and existing under the Constitution and laws of the State of Colorado (the “State”); and WHEREAS,pursuant to §§31-25-801 to 822,C.R.S.(the “Downtown Development Authority Act”),the Town is authorized to establish a Downtown Development Authority and the Board of Trustees of the Town (the “Board”)finds and determines that the establishment of a downtown development authority is necessary to develop and redevelop the Town’s central business district and will serve a public purpose;will promote the public health, safety,prosperity,security,and general welfare of the inhabitants thereof and of the people of the state of Colorado;will halt or prevent deterioration of property values or structures within the Town’s central business district,will halt or prevent the growth of blighted areas within the central business district,and will assist the Town in the development and redevelopment of the central business district and in the overall planning to restore or provide for the continuance of the health thereof;and will be of special benefit to the property within the downtown development authority; and WHEREAS,pursuant to §31-25-804,C.R.S.the Town may submit the question of the establishment of the Downtown Development Authority at a regular election called for that purpose and may submit to the qualified electors of the proposed Downtown Development Authority any local government matters arising under section 20 of article X of the Colorado Constitution. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: Section 1:Need for the Fraser Downtown Development Authority.The Board hereby determines it is necessary to establish a Downtown Development Authority to be known as the “Fraser Downtown Development Authority”(the “DDA”)for the public health,safety, prosperity,security,and welfare of the inhabitants of the Town,and that the DDA will serve a public purpose,namely to assist in the development and redevelopment of the Town’s central business district;promote the health,safety,prosperity,security,and general welfare of the inhabitants thereof and of the people of the State of Colorado;will halt or prevent the deterioration of property values or structures within the Town’s central business district;will halt or prevent the growth of blighted areas within the central business district;will assist the Town in the development and redevelopment of the central business district and in the overall planning to restore or provide for the continuance of the health thereof;and that a DDA will be of special benefit to the property within the DDA boundary. Page 2 of 8 84349610.v2 Section 2:Fraser Downtown Development Authority.Upon formation,the DDA shall be a body corporate with all the powers authorized by the Downtown Development Authority Act and any amendment thereto,and all additional or supplemental powers necessary or implied to carry out and effectuate its purposes,and such other powers and authority as provided by law. Section 3:Boundaries.The boundaries of the DDA shall be as shown on the attached Exhibit A.The area shown on the attached Exhibit A is the area of the Town which is and has traditionally been the location of the principal business,commercial,financial services, and governmental center, zoned and used accordingly. Section 4:Regular Election.A regular election is to be held on April 2,2024, whereby the qualified electors of the proposed DDA shall vote on the ballot questions attached as Exhibit B.Such regular election shall be conducted pursuant to the authority and requirements of the DDA Act,and applicable provisions of Title 31,Article 10,Parts 1 through 15,C.R.S.(the “Colorado Municipal Election Code”). The Town Clerk shall be the designated election official. Section 5:Additional Acts.In the event the establishment of the DDA is approved by a majority of the qualified electors voting thereon,Board shall comply with the requirements of the Downtown Development Authority Act for the organization of the DDA, including establishing the number of and appointment of the DDA’s Board of Directors. Section 6:Maximum Net Effective Interest Rate of DDA Bonds.If bonds are issued to support the activities of the DDA in the future,such ordinance or resolution by which the bonds are issued shall specify the maximum net effective interest rate of such bonds. Section 7:Contests of Ballot Order or Form or Content.Pursuant to Section 31-10-1308,C.R.S.,any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set,and for contests concerning the order of a ballot,within five days after the ballot order is set by the Town Clerk and not thereafter. Section 8:Actions by Town Officers and Employees.Any and all actions previously taken by the Designated Election Official or any other Town officer or employee in furtherance of the directions and authorizations of this Ordinance are hereby ratified and confirmed. Section 9:Severability.If any clause,sentence,paragraph,or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid,such judgment shall not affect the remaining provisions of this Ordinance. Section 10:Safety Clause.The Board finds and declares that this Ordinance is promulgated and adopted for the public health,safety and welfare and this Ordinance bears a rational relation to the legislative object sought to be obtained. Section 11:Effective Date.This Ordinance shall be in full force and effect thirty (30)days after its passage and publication.This Ordinance,as adopted by the Board,shall be numbered and recorded by the Town Clerk in the official records of the Town.The adoption and publication shall be authenticated by the signatures of the Mayor and the Town Clerk,and by the certificate of publication. Page 3 of 8 84349610.v2 READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF , 2023. Votes in favor: ____BOARD OF TRUSTEES OF THE Votes opposed: ____TOWN OF FRASER, COLORADO Votes abstained: ____ BY: ____________________________________ Mayor ( S E A L ) ATTEST: ____________________________________ Town Clerk Published in the Middle Park Times on________________________. Page 4 of 8 EXHIBIT A Map of the Boundaries of the Fraser Downtown Development Authority Page 5 of 8 84349610.v2 Legal Description of the Fraser Downtown Development Authority ALL OF THOSE LANDS LYING WITHIN PORTIONS OF SECTIONS 19 AND 20 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINICPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERN RIGHT-OF-WAY LINE OF COUNTY ROAD 8 AND THE EASTERN RIGHT-OF-WAY LINE OF U.S. HIGHWAY 40, ALSO KNOWN AS THE NORTHWEST CORNER OF VICTORIA VILLAGE SUBDIVISION; THENCE SOUTHERLY ALONG THE EASTERN RIGHT-OF-WAY LINE OF U.S. HIGHWAY 40 TO THE SOUTHWEST CORNER OF THE VICTORIA VILLAGE SUBDIVISION; THENCE SOUTHWESTERLY ACROSS THE U.S. HIGHWAY 40 RIGHT-OF-WAY TO THE NORTHEAST CORNER OF FRASER 1ST-EASTOM 1ST LOTS 1 - 6 BLOCK 10, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158719108001 (509 N ZEREX ST); THENCE WESTERLY ALONG THE NORTHERN LINE OF ASSESSOR’S PARCEL NUMBER 158719108001 TO THE NORTHWEST CORNER OF SAID PARCEL, ALSO THE EASTERN RIGHT-OF-WAY LINE OF RAILROAD AVENUE; THENCE SOUTHERLY ALONG THE EASTERN RIGHT-OF-WAY LINE OF RAILROAD AVENUE TO THE SOUTHWEST CORNER OF FRASER-EASTOM LOT 21 - 22 BLOCK 4, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158719115021, ALSO THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY LINE OF RAILROAD AVE AND NORTHERN RIGHT-OF-WAY LINE OF MILL AVENUE; THENCE CONTINUING SOUTHERLY ACROSS THE MILL AVE RIGHT-OF-WAY TO THE INTERESCTION OF THE SOUTHERN MILL AVENUE RIGHT-OF-WAY LINE AND THE EASTERN RIGHT-OF-WAY LINE OF THE SOUTHER PACIFIC RAILROAD, ALSO KNOWN AS THE NORTHWEST CORNER OF FRASER - EASTOM TR 5FT X 15FT TR 50FT X 135 FT NE4SE4 OF S19 T1S R75 DESC B191 P189 TOWN OF FRASER-EASTOM, AND ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158719400003; THENCE SOUTHERLY ALONG THE EASTERN RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD TO THE NORTHWEST CORNER OF MEYER SUBDIVISION LOT 1, ALSO KNOWN AS ASSESSSOR’S PARCEL NUMBER 158719406003; THENCE NORTHEASTERLY ALONG THE NORTHERN BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158719406003 TO THE NORTHEAST CORNER OF SAID PARCEL, ALSO THE INTERSECTION OF THE SOUTHERN RIGHT-OF-WAY LINE OF ELK CREEK DRIVE AND WESTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 72; THENCE CONTINUING EASTERLY ALONG THE PROLONGATION LINE TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 72, ALSO A POINT ON THE WESTERN BOUNDARY OF FOREST MEADOWS SOLAR COMMUNITY TRACT 3; THENCE SOUTHERLY ALONG THE EASTERN RIGHT-OF-WAY LINE OF COUNTY ROAD 72 TO ITS INTERSECTION WITH THE SOUTHWEST CORNER OF MEYTER SUBDIVISION LOT 2, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158720308001; Page 6 of 8 84349610.v2 THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158720308001 TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE CONTINUING EASTERLY ALONG THE PROLONGATION OF SAID PROPERTY BOUNDARY ACROSS THE OLD VICTORY ROAD RIGHT-OF-WAY TO THE SOUTHWEST CORNER OF FOREST SOLAR COMMUNITY BLOCK 1 LYING SOUTH & EAST OF JOHNS DR, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158720302017; THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158720302017 TO THE SOUTHEAST CORNER OF SAID PARCEL, AT THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 40; THENCE NORTHWESTERLY ALONG THE WESTERN RIGHT-OF-WAY LINE OF U.S. HIGHWAY 40 TO ITS INTERSECTION WITH THE NORTHERNMOST POINT OF FOREST MEADOWS SOLAR COMMUNITY TRACT C, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158720302005; THENCE NORTHERLY ALONG A PROLONGATION OF A LINE EXTENDING FROM THE EASTERN BOUNDARY OF SAFEWAY-FRASER MARKET PLACE LOT 4, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158720306001 (50 COUNTY RD 804), TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE NORTHERLY ALONG THE EASTERN BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158720306001, TO THE SOUTHEAST CORNER OF SAFEWAY-FRASER MARKET PLACE LOT 3, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158720267003; THENCE CONTINUING NORTHERLY AND EASTERLY ALONG THE EASTERN BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158720267003 TO THE NORTHEAST CORNER OF SAID PROPERTY; THENCE NORTHWESTERLY ALONG THE NORTH BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158720267003 TO ITS INTERSECTION WITH THE NORTHEASTERLY BOUNDARY OF SAFEWAY-FRASER MARKET PLACE LOT 2, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158720267002; THENCE NORTHERLY AND WESTERLY ALONG THE NORTHERLY BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158720267002 AND THE NORTHERLY BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158720267001 TO ITS INTERESECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 804; THENCE IN A NORTHWESTERLY DIRECTION ACROSS THE COUNTY ROAD 804 RIGHT-OF-WAY TO THE SOUTHEAST CORNER OF FRASER RIVER OUT EXEMPT LOT A, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158719143001; THENCE WESTERLY AND NORTHERLY ALONG THE SOUTHERN BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158719143001 TO ITS INTERSECTION WITH THE SOUTHEAST CORNER OF SUN RIVER TOWNHOMES LOT 1, ALSO KNOWN AS ASSESSOR’S PARCEL NUMBER 158719131013; THENCE WESTERLY AND NORTHERLY ALONG THE SOUTHERN AND WESTERN BOUNDARY OF ASSESSOR’S PARCEL NUMBER 158719131013 IN A CLOCK-WISE DIRECTION TO THE NORTHWESTERLY CORNER OF SAID PARCEL, ALSO THE SOUTHEAST CORNER OF VICTORIA VILLAGE SUBDIVISION; THENCE NORTHERLY AND WESTERLY ALONG THE EASTERN AND NORTHERN BOUNDARY OF VICTORIA VILLAGE SUBDIVISION TO THE POINT OF BEGINNING. Page 7 of 8 84349610.v2 EXHIBIT B Ballot Questions Question 2A WITHOUT INCREASING TAXES,AND SUBJECT TO THE APPROVAL OF BALLOT QUESTION 2B,SHALL THE TOWN OF FRASER,COLORADO (“TOWN”),ON BEHALF OF AND FOR USE BY THE TOWN OF FRASER DOWNTOWN DEVELOPMENT AUTHORITY (THE “DDA”),BE AUTHORIZED TO INCREASE ITS DEBT BY UP TO $25 MILLION,WITH A TOTAL REPAYMENT COST OF NOT MORE THAN $74,200,000, FOR OBLIGATIONS THAT ARE SUBJECT TO TABOR’S ELECTION REQUIREMENTS AND WITHOUT SUCH LIMITATIONS FOR OBLIGATIONS THAT ARE NOT SUBJECT TO TABOR’S ELECTION REQUIREMENTS; FOR THE PURPOSE OF FINANCING THE COSTS OF DEVELOPMENT PROJECTS TO BE UNDERTAKEN BY OR ON BEHALF OF THE DDA PURSUANT TO THE DDA PLAN OF DEVELOPMENT,AS IT MAY BE AMENDED FROM TIME TO TIME, INCLUDING WITHOUT LIMITATION,ANY PUBLIC IMPROVEMENTS OR PROJECTS DESCRIBED IN THE DDA PLAN,AND APPLICABLE PROVISIONS OF COLORADO LAW; SUCH DEBT AND THE INTEREST THEREON TO BE PAID FROM AND SECURED BY A PLEDGE OF THE SPECIAL FUND OF THE TOWN WHICH SHALL CONTAIN TAX INCREMENT REVENUES LEVIED AND COLLECTED WITHIN THE BOUNDARIES OF THE DDA;AND SHALL SUCH DEBT BE EVIDENCED BY BONDS,LOANS, ADVANCES,OR OTHER INDEBTEDNESS OR FINANCIAL OBLIGATIONS,TO BE SOLD IN ONE SERIES OR MORE,FOR A PRICE ABOVE OR BELOW THE PRINCIPAL AMOUNT THEREOF,ON TERMS AND CONDITIONS,AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN MAY DETERMINE,INCLUDING PROVISIONS FOR THE REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM OF NOT MORE THAN 3%OF THE PRINCIPAL AMOUNT SO REDEEMED;AND SHALL THE TOWN AND THE DDA BE AUTHORIZED TO COLLECT,RETAIN AND SPEND THE TAX INCREMENT REVENUES,THE BOND PROCEEDS AND THE INVESTMENT INCOME THEREON AS A VOTER-APPROVED REVENUE CHANGE AND EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Question 2B Shall the Fraser Downtown Development Authority be organized pursuant to Part 8 of Article 25 of Title 31,Colorado Revised Statutes,to exercise all powers authorized therein and in any approved plan of development within the boundaries of the Fraser Downtown Development Authority described in Ordinance No.[___]approved by the Board of Trustees of the Town on December 6, 2023? Page 8 of 8 84349610.v2 Dalton Kelley Downtown Development Authorities Town of Fraser November 15, 2023 Overview •What are Downtown Development Authorities (“DDAs”)? •What are DDAs authorized to do? •What are the procedures for forming a DDA? •Who controls the DDA? •What oversight does the Town retain? •What revenue raising powers do DDAs have? •Key provisions of the Ordinance. •Debt question discussion. •Formation question discussion. DDAs: What are they? •Formed pursuant to C.R.S. § 31-25-801, et seq. (the “DDA Act”) •A DDA is an entity specifically designed to : • Halt or prevent the deterioration of property values or structures within central business districts; •Halt or prevent the growth of blighted areas within central business districts; and •Assist municipalities in the development and redevelopment of central business districts and in the overall planning to restore or provide for the continuance of health within such districts. •A DDA is body corporate and politic under state law and is granted a variety of powers by the DDA Act to carry out its functions. •The initial boundaries of the DDA are established via a referred ordinance approved by the qualified electors within a proposed DDA district and can later be expanded via landowner petition with the approval of the DDA and the governing body of the municipality. The DDA Act grants to DDAs all powers necessary or convenient to carry out and effectuate the purposes and provisions of the DDA Act, except as limited in the DDA Act or the ordinance establishing the DDA, which powers include, but are not limited to, the following powers: •To plan and propose, within the downtown development area, plans of development for public facilities and other improvements to public or private property of all kinds, including removal, site preparation, renovation, repair, remodeling, reconstruction or other changes in existing buildings, and to implement any such plan of development. •In connection with public facilities, to improve land and to construct, reconstruct, equip, improve, maintain, repair, and operate buildings and other improvements, whether on land of the DDA or otherwise. •“Public facility” includes, but is not limited to, any streets, parks, plazas, parking facilities, playgrounds, pedestrian malls, rights-of-way, structures, waterways, bridges, lakes, ponds, canals, utility lines or pipes, and buildings, including access routes to any of the foregoing, designed for use by the public generally or used by any public agency, with or without charge. DDAs: What are they authorized to do? The creation of a DDA is initiated by ordinance of the governing body of the municipality which submits the question of organization to the qualified electors of the proposed DDA district. The ordinance must include the initial boundaries of the DDA. •“Qualified elector” is defined to include residents, landowners, and lessees. • If the owner or lessee of property is not a natural person, such entity may vote if the entity designates a representative to vote by official action. However, the definition does not permit any qualified elector to cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector. If a majority of the qualified electors voting at the election approve the formation of the DDA, the governing body of the municipality passes an ordinance creating the DDA. DDAs Organizational Procedure Governed by a board consisting of at least five members and no more than eleven members appointed by the governing body of the municipality. •A majority of the members appointed must reside or own property in the downtown development district. •At least one member must be a member of the governing body of the municipality, appointed to serve at the pleasure of the governing body. •All other members must meet the eligibility requirements of the DDA Act. •Each appointed member of the board, except any member from the governing body, shall reside, be a business lessee, or own real property in the DDA district. Managers, agents, and employees of entities having their place of business in the district are also eligible. •No officer or employee of the municipality, other than any appointee from the governing body, is eligible for appointment. *There are additional governing body requirements if the tax increment collection period is extended. DDAs Governing Body After a DDA is formed, the municipality retains some oversight and control. •The municipality continues to appoint the members of the Board. •The DDA must submit its proposed budget to the governing body of the municipality for approval. •Bonds, loans, advances and other indebtedness that are payable from the tax increment in the special fund are incurred by the municipality, absent an intergovernmental agreement delegating the power to the DDA board, so all borrowings are approved by the government body of the municipality. •If the ability to incur loans or indebtedness or to obtain advances and to pledge the money in the special fund for the payment thereof is delegated to the DDA board pursuant to an intergovernmental agreement, then such delegation is subject to the terms and conditions built into the intergovernmental agreement. •The municipality is still the body that zones and approves development in the downtown area. DDAs Municipal Oversight A DDA’s main financing source for projects and programs is property and/or municipal sales tax increment (“TIF”). •TIF provision lasts for 30 years, which can be extended by ordinance of the governing body of the municipality subsequent 20-year terms. •TIF can only be used to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, the municipality for financing or refinancing a development project within the boundaries of the plan of development area. •“Development project” is broadly defined to include undertakings and activities of a DDA or municipality in a plan of development area for the development or redevelopment of the area in accordance with the DDA Act and the plan of development. The plan of development must be approved by the governing body of the municipality. •Any debt payable from TIF must be issued by the municipality, unless the municipality and DDA enter into an intergovernmental agreement that delegates to the DDA Board the power to incur loans or indebtedness or obtain advances and to pledge money in the special fund. . •Examples of indebtedness include loans, bonds, cooperation agreements, development agreements, etc. •When the bonds, loans, advances, and indebtedness, if any, have been paid, all sales and property taxes in the DDA Plan of Development Area must be paid into the funds of the respective public bodies. DDAs: Revenue Raising Power The operations of a DDA are to be principally financed by: •Donations to the DDA for performance of its functions; •An ad valorem tax of up to 5 mills, which may be levied by the governing body of the municipality with the approval of qualified electors; and •Moneys borrowed and to be repaid from other funds received under the DDA Act. The DDA Act permits the municipality to determine the costs of, and to budget a percentage of bond proceeds for the operation and administration of the total cost of the project to be financed with the borrowing. A DDA may also fix rates, fees, tolls, rents and charges for use of property owned or controlled by the DDA. *There is no municipality liability on DDA bonds. DDAs Revenue Raising Power •Once a DDA is established and a plan of development is adopted, the property tax base and/or municipal sales tax base for the area is “frozen.” •This means that after the date of plan adoption, the assessed value to which the mill levy for the municipality, the school district, the county, and other overlapping taxing entities would be the same each year with adjustment for general reassessments. •Example: If the assessed value in an area is $1 million on the date of plan adoption, then the mill levy for each of the overlapping taxing jurisdictions is applied to that $1 million assessed value each year of the plan. If the assessed value of property in the area increases to $10 million, the taxes derived from multiplying the combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the mill levy times the $9 million increase goes to the special fund. Tax Increment Financing (“TIF”) How is increment calculated? Ordinance •Purpose is to make the necessary statutory findings and to submit the formation and debt authorization ballot questions to the qualified electors. •Key provisions: •Section 1 makes the necessary legislative findings. •Section 3 sets the boundaries of the DDA. •Section 4 submits the formation and debt authorization ballot questions to the qualified electors. Ballot Questions – Debt Authorization WITHOUT INCREASING TAXES, AND SUBJECT TO THE APPROVAL OF BALLOT QUESTION 2B, SHALL THE TOWN OF FRASER, COLORADO (“TOWN”), ON BEHALF OF AND FOR USE BY THE TOWN OF FRASER DOWNTOWN DEVELOPMENT AUTHORITY (THE “DDA”), BE AUTHORIZED TO INCREASE ITS DEBT BY UP TO $25 MILLION, WITH A TOTAL REPAYMENT COST OF NOT MORE THAN $74,200,000, FOR OBLIGATIONS THAT ARE SUBJECT TO TABOR’S ELECTION REQUIREMENTS AND WITHOUT SUCH LIMITATIONS FOR OBLIGATIONS THAT ARE NOT SUBJECT TO TABOR’S ELECTION REQUIREMENTS; FOR THE PURPOSE OF FINANCING THE COSTS OF DEVELOPMENT PROJECTS TO BE UNDERTAKEN BY OR ON BEHALF OF THE DDA PURSUANT TO THE DDA PLAN OF DEVELOPMENT, AS IT MAY BE AMENDED FROM TIME TO TIME, INCLUDING WITHOUT LIMITATION, ANY PUBLIC IMPROVEMENTS OR PROJECTS DESCRIBED IN THE DDA PLAN, AND APPLICABLE PROVISIONS OF COLORADO LAW; SUCH DEBT AND THE INTEREST THEREON TO BE PAID FROM AND SECURED BY A PLEDGE OF THE SPECIAL FUND OF THE TOWN WHICH SHALL CONTAIN TAX INCREMENT REVENUES LEVIED AND COLLECTED WITHIN THE BOUNDARIES OF THE DDA; AND SHALL SUCH DEBT BE EVIDENCED BY BONDS, LOANS, ADVANCES, OR OTHER INDEBTEDNESS OR FINANCIAL OBLIGATIONS, TO BE SOLD IN ONE SERIES OR MORE, FOR A PRICE ABOVE OR BELOW THE PRINCIPAL AMOUNT THEREOF, ON TERMS AND CONDITIONS, AND WITH SUCH MATURITIES AS PERMITTED BY LAW AND AS THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR THE REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM OF NOT MORE THAN 3% OF THE PRINCIPAL AMOUNT SO REDEEMED; AND SHALL THE TOWN AND THE DDA BE AUTHORIZED TO COLLECT, RETAIN AND SPEND THE TAX INCREMENT REVENUES, THE BOND PROCEEDS AND THE INVESTMENT INCOME THEREON AS A VOTER-APPROVED REVENUE CHANGE AND EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? ← Contingency in case the formation question is not approved. ← TABOR debt authorization and limitation. ← Statutory authorization for obligations that are not subject to TABOR. ← Authorized purposes for incurring debt. ← Source of repayment revenue. ← Authorization for different types of evidence of indebtedness and terms of sale. ← Debrucing of TIF revenues and bond proceeds. Ballot Questions – Formation Shall the Fraser Downtown Development Authority be organized pursuant to Part 8 of Article 25 of Title 31, Colorado Revised Statutes, to exercise all powers authorized therein and in any approved plan of development within the boundaries of the Fraser Downtown Development Authority described in Ordinance No. [___] approved by the Board of Trustees of the Town on December 6, 2023? QUESTIONS? TOWN OF FRASER ORDINANCE NO. 503 Series 2023 AN ORDINANCE AMENDING CHAPTER 2 ARTICLE 2 OF THE FRASER MUNICIPAL CODE REGARDING BOARD OF TRUSTEES WHEREAS, the Board of Trustees has determined that it is in the public’s interest to at times provide options for economic incentives to encourage certain types of private investment or development. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 2, Article 2, Division 10, of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethrough print]: Chapter 2 S e c . 2 - 2 - 1 0 . - B o a r d o f T r u s t e e s ; t e r m s , a u t h o r i t y , q u a l i f i c a t i o n s a n d v a c a n c i e s . ( a ) A t t h e r e g u l a r m u n i c i p a l e l e c t i o n o n t h e f i r s t T u e s d a y o f A p r i l , 1 9 8 0 , s i x ( 6 ) T r u s t e e s s h a l l b e e l e c t e d . T h e t h r e e ( 3 ) c a n d i d a t e s f o r T r u s t e e r e c e i v i n g t h e h i g h e s t n u m b e r o f v o t e s s h a l l b e e l e c t e d f o r f o u r - y e a r t e r m s , a n d t h e t h r e e ( 3 ) c a n d i d a t e s f o r T r u s t e e r e c e i v i n g t h e n e x t h i g h e s t n u m b e r o f v o t e s s h a l l b e e l e c t e d f o r t w o - y e a r t e r m s . A t t h e n e x t s u b s e q u e n t r e g u l a r e l e c t i o n a n d a t e a c h r e g u l a r e l e c t i o n t h e r e a f t e r , t h r e e ( 3 ) T r u s t e e s s h a l l b e e l e c t e d t o s e r v e f o u r - y e a r t e r m s . ( b ) Q u a l i f i c a t i o n s . E a c h T r u s t e e s h a l l b e a r e g i s t e r e d e l e c t o r o f t h e T o w n w h o h a s r e s i d e d w i t h i n t h e T o w n l i m i t s f o r a p e r i o d o f a t l e a s t t w e l v e ( 1 2 ) c o n s e c u t i v e m o n t h s i m m e d i a t e l y p r e c e d i n g t h e d a t e o f t h e e e l e c t i o n ; e x c e p t t h a t , i n c a s e o f a n a n n e x a t i o n , a n y p e r s o n w h o h a s r e s i d e d w i t h i n t h e a n n e x e d t e r r i t o r y f o r t h e t i m e p r e s c r i b e d h e r e i n s h a l l b e d e e m e d t o h a v e m e t t h e r e s i d e n c e r e q u i r e m e n t s f o r t h e T o w n . ( c ) V a c a n c i e s . I n c a s e o f a v a c a n c y , t h e B o a r d o f T r u s t e e s s h a l l h a v e t h e p o w e r t o , b y a p p o i n t m e n t , f i l l a l l v a c a n c i e s i n t h e B o a r d o r i n a n y o t h e r e l e c t e d o f f i c e i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f S e c t i o n 3 1 - 4 - 3 0 3 , C . R . S . T h e p e r s o n s o a p p o i n t e d s h a l l h o l d o f f i c e u n t i l t h e n e x t r e g u l a r e l e c t i o n a n d u n t i l h i s o r h e r s u c c e s s o r i s e l e c t e d a n d q u a l i f i e d . I f t h e t e r m o f t h e p e r s o n c r e a t i n g t h e v a c a n c y w a s t o e x t e n d b e y o n d t h e n e x t r e g u l a r e l e c t i o n , t h e p e r s o n e l e c t e d t o f i l l t h e v a c a n c y s h a l l b e e l e c t e d f o r t h e u n e x p i r e d t e r m . W h e r e v a c a n c i e s e x i s t i n t h e o f f i c e s o f T r u s t e e a n d s u c c e s s o r s a r e t o b e e l e c t e d a t t h e n e x t e l e c t i o n t o f i l l t h e u n e x p i r e d t e r m s , t h e t h r e e ( 3 ) c a n d i d a t e s f o r T r u s t e e r e c e i v i n g t h e h i g h e s t n u m b e r o f v o t e s s h a l l b e e l e c t e d t o f o u r - y e a r t e r m s , a n d 2 t h e c a n d i d a t e s r e c e i v i n g t h e n e x t h i g h e s t n u m b e r o f v o t e s , i n d e s c e n d i n g o r d e r , s h a l l b e e l e c t e d t o f i l l t h e u n e x p i r e d t e r m s . ( P r i o r c o d e 2 - 2 - 1 , 2 - 2 - 2 ; O r d . 3 3 0 § 1 , 2 0 0 7 ) ( d ) N o t w i t h s t a n d i n g a n y o t h e r p r o v i s i o n o f t h i s C o d e ,   t h e B o a r d o f T r u s t e e s m a y   n e g o t i a t e   a n d a w a r d t o q u a l i f y i n g t a x p a y e r s c e r t a i n i n c e n t i v e p a y m e n t s o r c r e d i t s i n a c c o r d a n c e w i t h C . R . S . § 3 1 - 1 5 - 9 0 3 a n d C . R . S . § 3 9 - 3 0 - 1 0 5 . 1 ( 6 ) ( b ) & ( f ) , a n d m a y a l l o w p r o p e r t y o w n e r s t h e a b i l i t y t o p a y p l a n t i n v e s t m e n t f e e s o v e r t i m e . PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 15th DAY OF NOVEMBER, 2023. Votes in favor: ____BOARD OF TRUSTEES OF THE Votes opposed: ____TOWN OF FRASER, COLORADO Votes abstained: ____ BY: ____________________________________ Mayor ( S E A L ) ATTEST: ____________________________________ Town Clerk Published in the Middle Park Times on________________________. TOWN OF FRASER ORDINANCE NO. 502 Series 2023 AN ORDINANCE AMENDING CHAPTER 6 ARTICLE 4 OF THE FRASER MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGES WHEREAS, the Board of Trustees has determined that the Town Clerk should be given more discretion to act in her capacity as the local licensing authority in administering licenses under the Colorado Liquor and Beer Codes. This ordinance will make administration of these licenses by the Town more efficient. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 6, of the Fraser Municipal Code (herein sometimes referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold underlined print; deletions are shown as strikethrough print]: Chapter 6 Sec 6-4-20 Delegation of licensing functions to Town Clerk. ( a ) T h e T o w n C l e r k i s a u t h o r i z e d t o a c t a s a n d f o r t h e A u t h o r i t y f o r t h e f o l l o w i n g C o l o r a d o L i q u o r C o d e a n d C o l o r a d o B e e r C o d e l i c e n s i n g f u n c t i o n s : ( 1 ) P r o c e s s i n g a n d i s s u a n c e o f s p e c i a l e v e n t p e r m i t s p u r s u a n t t o S e c t i o n 4 4 - 5 - 1 0 1 , C . R . S . , p r o v i d e d t h a t n o p a r t i e s h a v e f i l e d a w r i t t e n o b j e c t i o n t o s a i d p e r m i t . ( 2 ) A n n u a l C o l o r a d o L i q u o r C o d e a n d C o l o r a d o B e e r C o d e l i c e n s e r e n e w a l s . p r o v i d e d t h a t t h e T o w n C l e r k i s a w a r e o f n o i n f o r m a t i o n t h a t t h e l i c e n s e e h a s v i o l a t e d a n y p r o v i s i o n s o f t h e C o l o r a d o L i q u o r o r B e e r C o d e s o r a s s o c i a t e d r e g u l a t i o n s d u r i n g t h e p r e c e d i n g y e a r . ( 3 ) C h a n g e s i n s h a r e h o l d e r s , o f f i c e r s , d i r e c t o r s o r t r a d e n a m e s o f a l i c e n s e e , p r o v i d e d t h a t a n y i n v e s t i g a t i o n c o n d u c t e d b y t h e T o w n d o e s n o t r e v e a l i n f o r m a t i o n t h a t m a y r e a s o n a b l y f o r m t h e b a s i s o f a d e t e r m i n a t i o n t h a t t h e a p p l i c a n t i s n o t q u a l i f i e d t o h o l d t h e r e s p e c t i v e l i c e n s e . ( 4 ) C h a n g e s i n r e g i s t e r e d m a n a g e r o f a l i c e n s e e , a s d e s c r i b e d i n S e c t i o n 4 4 - 3 - 3 0 1 ( 8 ) , C . R . S . p r o v i d e d t h a t a n y i n v e s t i g a t i o n c o n d u c t e d b y t h e T o w n d o e s n o t r e v e a l i n f o r m a t i o n t h a t m a y r e a s o n a b l y f o r m t h e b a s i s o f a d e t e r m i n a t i o n t h a t t h e p r o p o s e d m a n a g e r i s n o t q u a l i f i e d t o h o l d t h e p o s i t i o n . T h e l i c e n s e e s h a l l r e p o r t t h e n a m e o f t h e m a n a g e r t o t h e s t a t e a n d l o c a l l i c e n s i n g a u t h o r i t i e s w i t h i n t h i r t y d a y s a f t e r t h e c h a n g e . 2 ( 5 ) M o d i f i c a t i o n o r a l t e r a t i o n o f t h e l i c e n s e d p r e m i s e s , p r o v i d e d t h a t t h e m o d i f i c a t i o n o r a l t e r a t i o n i s o f t h e i n t e r i o r o n l y a n d d o e s n o t i n v o l v e a n i n c r e a s e o f m o r e t h a n f i f t e e n p e r c e n t ( 1 5 % ) o f t h e u s e a b l e a r e a . ( 6 ) T h e i s s u a n c e o f t e m p o r a r y p e r m i t s p u r s u a n t t o a n d i n c o m p l i a n c e w i t h t h e p r o v i s i o n s o f S e c t i o n 4 4 - 3 - 3 0 3 , C . R . S . ( b ) T h e T o w n C l e r k s h a l l r e f e r a n y l i c e n s i n g d e c i s i o n a u t h o r i z e d u n d e r t h i s S e c t i o n t o t h e A u t h o r i t y i f t h e T o w n C l e r k b e l i e v e s a n a p p l i c a n t d o e s n o t q u a l i f y f o r a c t i o n b y t h e T o w n C l e r k a s s e t f o r t h a b o v e , o r i f t h e T o w n C l e r k b e l i e v e s , i n h i s o r h e r d i s c r e t i o n , t h a t a m a t t e r s h o u l d b e p r e s e n t e d t o t h e A u t h o r i t y . I f t h e T o w n C l e r k r e f e r s a l i c e n s i n g d e c i s i o n u n d e r t h i s S e c t i o n t o t h e A u t h o r i t y , t h e A u t h o r i t y s h a l l c o n d u c t a p u b l i c h e a r i n g o n t h e l i c e n s i n g d e c i s i o n . Sec. 6-4-70. - Disciplinary actions. T h e M u n i c i p a l C o u r t , a s t h e A u t h o r i t y f o r a l l d i s c i p l i n a r y a c t i o n s , m a y s u s p e n d o r r e v o k e a l i c e n s e f o r v i o l a t i o n s u p o n f i n d i n g t h a t t h e l i c e n s e e h a s f a i l e d t o c o m p l y w i t h t h i s A r t i c l e , a n d t h e C o l o r a d o L i q u o r R u l e s o r C o l o r a d o L i q u o r C o d e u p o n f i n d i n g t h a t t h e l i c e n s e e h a s f a i l e d t o c o m p l y w i t h t h i s A r t i c l e . T h i s A r t i c l e s h a l l n o t b e d e e m e d t o p r e c l u d e o t h e r c i v i l r e m e d i e s , i n c l u d i n g i n j u n c t i v e r e l i e f , p e n d i n g t h e o u t c o m e o f t h e h e a r i n g . PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. PART 5: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF , 2023. 3 Votes in favor: ____BOARD OF TRUSTEES OF THE Votes opposed: ____TOWN OF FRASER, COLORADO Votes abstained: ____ BY: ____________________________________ Mayor ( S E A L ) ATTEST: ____________________________________ Town Clerk Published in the Middle Park Times on________________________. MEMO TO:Mayor Vandernail and the Board of Trustees FROM:Antoinette McVeigh, Town Clerk DATE:November 15, 2023 SUBJECT:Ordinance 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages MATTER BEFORE BOARD: First, the town code shall be updated in order to adhere to HB22-1415, regarding manager registration. Second, to allow the Town Clerk to administratively approve liquor license renewals regardless of violations at his or her discretion. ACTION REQUESTED: Motion to approve Ordinance 502 Amending Chapter 6 Article 4 Regarding Alcoholic Beverages. BACKGROUND: HB22-1415 amended the Liquor Code regarding manager registration for specific liquor license types CRS 44-3-301(8). When a Hotel and Restaurant, Tavern, or Lodging and Entertainment Licensee has a change of manager this must be reported to the state and local licensing authority within thirty days. This also removed the requirement for a background check for the new manager. This change in the code is an update per HB22-1415. In April 2021 the Board approved Ordinance 482 the addition of Sec. 6-4-70 Disciplinary Actions for any violations of the town code, Chapter 6 Article 4. The purpose is to have the municipal judge be the authority of any disciplinary actions. If there are violations these should go before the judge not the Board of Trustees. By removing the requirement for violations to go before the Trustees, this also eliminates the Town Clerks inability to approve renewals if there are any violations. If the Town Clerk at his or her discretion feels a licensing decision shall be presented to the Board of Trustees this shall be conducted via a public hearing. This allows the licensee and the public an opportunity to present information and testimony. ALTERNATIVES: Approve Ordinance 502 in its entirety. Approve Ordinance 502 in an amended form. Deny Ordinance 502. RECOMMENDATION: Staff recommends a motion to approve Ordinance 502 Amending Chapter 6 Article 4 of the Fraser Municipal Code Regarding Alcoholic Beverages. 1 TOWN MANAGER EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (“Agreement”), is made and entered into this 15th day of November, 2023, by and between the TOWN OF FRASER, a Colorado municipal corporation, hereinafter known as “Town” and MICHAEL C BRACK, whose address is Post Office Box 900, Fraser, CO 80442, hereinafter known as “Town Manager” or “Employee.” WHEREAS, the Town is a municipal corporation of the State of Colorado that provides various municipal services to the residents, taxpayers and inhabitants of the Town of Fraser. WHEREAS, the Town seeks to provide for the services of a Town Manager to successfully and competently perform the functions of such office, and State law authorizes the Town to contract with persons to provide services for the good of the Town. WHEREAS, the Town desires to employ the services of Employee for the office of Town Manager of the Town of Fraser, Colorado; and, WHEREAS, the Town and Employee desire to set forth certain specifics concerning the employment of Employee by the Town, and to establish conditions of employment and working conditions; and, WHEREAS, the Employee desires to accept employment as the Town Manager of the Town of Fraser under the terms and conditions set forth herein. NOW THEREFORE, in consideration of the following mutual covenants and conditions the parties agree as follows: I.INCORPORATIONS A.The foregoing recitals are incorporated into and a made a part of this Agreement. B.The Employee Handbook, as adopted by the Town Board of Trustees and as such Handbook may be amended from time to time, is incorporated into and made a part of this Agreement. In the event of any inconsistency or any conflict between the Handbook and this Agreement, the provisions of this Agreement shall control. By executing this Agreement, Employee confirms receipt of a copy of the current Employee Handbook and understands and agrees to all provisions included in the Handbook. II.EMPLOYMENT AND JOB DUTIES A.The Town agrees to employ Employee as the Town Manager to perform the functions and duties specified by (1) Colorado State Statutes; (2) the Municipal Code of the Town of Fraser; (3) the functions and duties set forth in the job description attached as Exhibit A and incorporated into this Agreement; (4) any other applicable laws, ordinances, or regulations of the Town of Fraser. In addition, the Town Manager agrees to perform any other legally permissible and proper duties and functions as the Mayor or Board of Trustees of the Town shall from time-to-time assign to the Town Manager. The Town Manager is under the supervision of the Mayor and Board of Trustees. B.The Town Manager is a full-time position and Employee will devote appropriate time, attention and energy to fulfilling the responsibilities of the position. Employee shall not 2 undertake outside employment, consulting work or other professional obligations without the prior approval of the Board of Trustees. C.The parties understand and agree that the unique nature of the municipal management function and the position as chief executive officer of the Town requires that the Town Manager will have to expend additional work time beyond the regular office hours of the Town offices. Accordingly, the Town Manager shall work minimum hours that coincide with the regular office hours of the Town offices. In addition, Town Manager shall work all hours as are needed to effectively perform the duties and functions of the position, including but not limited to attendance at meetings of the Board of Trustees and any of its subcommittees and at meetings of other governmental bodies at which matters under the Town Manager’s authority are the subject of discussion or deliberation. Employee understands and agrees that the position may require (1) more than 40 hours per week; and (2) that services be performed during evenings, weekends, and holidays. D.The parties agree the position of Town Manager is an exempt administrative or executive non-covered position under the provisions of the Fair Labor Standards Act. As such, the Town Manager shall not be bound by the recordkeeping or overtime provisions of the Act and shall not be entitled to overtime pay for any work in excess of 40 hours per week. E.Performance Review. Either the Town Manager or Board of Trustees may request a performance review of the Town Manager as otherwise needed or requested. It is the duty of Town Manager to arrange a performance review with the Board of Trustees. III.TERM OF AGREEMENT A.Subject to paragraphs III(B) and (C) below, Employee shall serve as Town Manager from January 1, 2024 to December 31, 2024 (the “Termination Date”), unless sooner terminated in accordance with this Agreement. If Town Manager wishes to extend the term of this Agreement, then no earlier than October 1, 2024 and no later than November 1, 2024, Town Manager shall request a renewal or extension of this Agreement. If this Agreement is not affirmatively renewed or extended by the Board of Trustees in writing within thirty (30) days of the request, then it shall terminate on the Termination Date. B.The Board of Trustees may terminate the Town Manager’s employment at any time, with or without cause. The parties agree that termination for cause shall include, but not be limited to, termination because the Board of Trustees is dissatisfied with Town Manager’s job performance, insubordination or conduct unbecoming an employee, or because of Town Manager’s conviction of any illegal act involving personal gain to the Town Manager, any felony conviction or due to any act of moral turpitude or dishonesty. C.Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Town Manager to resign at any time upon sixty (60) days prior written notice. In the event Town Manager resigns, or announces an intent to resign, with an effective date more than 60 days from the date of resignation or announcement, the Town, at the sole discretion of the Board of Trustees, may make the resignation effective 60 days after Town Manager submits the resignation or announces an intent to resign. Exercise of such discretion shall not be construed as termination without cause and Town Manager shall not be entitled to severance pay. 3 IV.COMPENSATION AND BENEFITS A.Salary. The Town agrees to pay to the Town Manager for services rendered pursuant this Agreement an annual salary of ________________________________________ Dollars ($_______________), payable in installments in accordance with the Town’s payroll policies and subject to withholding for state and federal taxes and other deductions. This salary shall remain in effect until modified by the Board of Trustees. B.Paid Leave. Town Manager shall accrue paid leave in accordance with the provisions of the Employee Handbook and other applicable Town personnel policies. C.Town Vehicle. The Town Manager is always on-call and the duties require substantial travel throughout the Town, County and State. Town Manager shall comply with all applicable Town policies and procedures with respect to the use of a Town vehicle, except that Town Manager may use the vehicle for reasonable personal use as well as business use. Town Manager shall keep adequate records of any personal use and shall be responsible for all income tax liability arising out of or in any way related to personal use of the vehicle. D.Health Insurance and Retirement Benefits. Town Manager shall be entitled to participate in the Town’s health insurance and retirement plan programs in accordance with the provisions of the Employee Handbook and other applicable Town personnel policies. E.Severance Pay. 1.In the event Town Manager’s employment is terminated without cause, Town Manager shall be entitled to six months of severance pay at the monthly salary provided above, plus continuation of health insurance benefits received by Town Manager at the time of termination for a period of three months. Provided, however, if Town Manager becomes employed by an employer who offers health insurance benefits, then continuation of health benefits under this Agreement shall cease at the time Town Manager becomes eligible for health insurance benefits from the new employer. Town Manager shall have a duty to notify the Town immediately upon accepting employment with health benefits available. Payment of severance and continuation of benefits shall be payable in installments in accordance with the Town’s payroll policies and subject to withholding for state and federal taxes and other deductions. Town Manager shall not be entitled to continuation of any benefits other than health insurance during the severance period. 2.If Town Manager’s employment is terminated (a) for cause; (b) because the Town Manager fails to timely request renewal or extension as required in paragraph III(A); or (c) because Town Manager resigns, then Town Manager shall not be entitled to any severance pay or to continuation of health insurance benefits. In such circumstances, Town Manager shall only be entitled to (a) wages earned as of the date of termination; and to (b) accrued, unused vacation time as of the date of termination. If Town Manager timely requests extension or renewal of this Agreement under paragraph III(A) and the Town Board does not extend or renew, this will constitute termination without cause, unless the non-renewal was due to any of the following and was so stated as the reason for non-renewal: (1) the Board of Trustees was dissatisfied with Town Manager’s job performance; (2) the Town Manager was insubordinate or participated in conduct unbecoming an employee; 4 (3) because of the Town Manager’s conviction of any illegal act involving personal gain to the Town Manager, any felony conviction or due to any act of moral turpitude or dishonesty; or (4) because the Town and Town Manager cannot agree on the terms of renewal or extension by the Termination Date. 3.Acceptance of severance pay by the Town Manager shall constitute a full release of any and all claims against the Town, the Town Board and its members, and the employees and agents of the Town, which claims arise from or are in any way related to Town Manager’s employment or the termination of such employment. F.Professional Development. The Town agrees to budget and pay for reasonable professional dues and subscriptions of the Town Manager necessary for participation in national, regional, state, and local associations and organizations necessary and desirable for continued professional participation, growth, and advancement, and which are for the good of the Town. The Town also agrees to budget and pay for necessary travel expenses for the Town Manager to adequately pursue official and other functions for the Town. The benefits provided in this paragraph IV(F) are subject to budget limitations and to the Town’s travel policies and procedures. V.CONSTITIONALITY AND FUNDING A.Subject to Annual Appropriation. The parties agree that this Employment Agreement shall be administered consistently with Article X, Section 20 of the Colorado Constitution, which requires that any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. VI.TRADEMARKS AND RIGHTS OF PRIVACY A.Town Manager agrees that all names, trade names, trademarks, advertising, photographs (whether of Town Manager taken in the course of employment or whether taken by Town Manager in the course of employment), written materials or other ideas that Town Manager used, made or created during the term of this Agreement and within the scope of employment, whether then or later used by Town, the foregoing shall be the sole and exclusive property of the Town without additional payment or remuneration to Town Manager, nor shall use of the same ever be considered an invasion of privacy. By entering into this Agreement, Employee gives consent to the Town to use any photographs or information of or by the Town Manager, supplied to the Town by the Town Manager, for any purpose. To the extent any such matters are registered with an appropriate agency, the same shall be done in the name of the Town. Any use or registration shall not require any additional releases, assignments or consents from Town Manager. VII.RESIDENCY A.Town Manager shall not be required to reside within the Town’s boundaries. VIII.ASSIGNMENT 5 A.This is an agreement for personal services as Town Manager. Employee shall not sell or assign any interest in this Agreement, in whole or in part, and any such assignment shall be null, void and not binding upon the Town. IX.INDEMNIFICATION A.Town Manager shall be defended and indemnified in actions undertaken in official capacity pursuant to all insurance coverages maintained by the Town and pursuant to the terms of the Colorado Governmental Immunity Act. The Town Manager shall, however, not be indemnified for any act or omission that is willful and wanton as those terms are defined in the Colorado Governmental Immunity Act. The Town, its officers and employees do not waive or intend to waive by any provision of this Agreement the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, or otherwise available to the Town, its officers and employees. X.ENTIRE AGREEMENT A.This Agreement contains the entire agreement of the parties, no other agreements exist and all prior contracts, agreements, discussions, memoranda communications or terms are superseded by this Agreement. This Agreement may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party alleged to be bound by any such amendment, waiver, change, modification, extension or rescission. Provided, however, the Town may adopt, modify, amend, or revoke any and all separate resolutions, rules, regulations or policies concerning employment relations between the Town and its employees generally without consent of the Town Manager. Such separate rules, regulations, resolutions and policies include but are not limited to the Employee Handbook, employee leave and personnel policies and the Town’s health insurance plan for employees. XI.MISCELLANEOUS PROVISIONS A.Mandatory Financial Disclosure. Town Manager shall report to the Mayor and Board of Trustees in writing any ownership interest Town Manager has in real property located within the Town of Fraser, except Town Manager’s personal residence. Town Manager shall also report to the Mayor and Board of Trustees in writing any ownership interest Town Manager has in any firm doing work for the Town or from whom the Town intends to make a purchase. Town Manager shall make any report required under this paragraph no later than 30 days after the acquisition of the reportable interest or at such time as it becomes apparent the Town may be purchasing from or otherwise contracting with such firm, whichever is earlier. B.Agreement Severable. If any provision or portion of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Employment Agreement shall be deemed severable and shall remain in full force and effect. C.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Grand, State of Colorado. D.No Waiver. Any delay in enforcement or the waiver of any one or more defaults or 6 breaches of this Agreement by the Town shall not constitute a waiver of any other terms of this Agreement. E.Third Parties. There are no intended third-party beneficiaries of this Agreement. F.Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, and each of such counterparts shall, for all purposes, be deemed to be an original, and all such counterparts shall together constitute one and the same agreement. Electronic signatures shall constitute original signatures for all purposes of this Agreement G.Notices. Any notice pursuant to this Agreement shall be sent by email to: 1.Town of Fraser, amcveigh@town.fraser.co.us 2.Michael Brack, Post Office Box 900, Fraser, CO 80442, michael.brack@hotmail.com IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. TOWN OF FRASER,TOWN MANAGER a Colorado municipal corporation By: By: Philip Vandernail, Mayor Michael C. Brack ATTEST: By: Antoinette McVeigh Town Clerk 120919 7 EXHIBIT A TOWN OF FRASER JOB DESCRIPTION: TOWN MANAGER NATURE OF WORK Perform the duties necessary to insure efficient and effective provision of all Town services. ESSENTIAL DUTIES Administrative Responsibilities Financial Management: The Manager shall be responsible for supervising the operations of the Finance Department, including but not limited to; accounts payable / receivable, payroll, budget preparation, etc. Public Works: The Manager shall be responsible for supervising the operations of the Public Works Department, including but not limited to; the operation, repair and improvement of the street, drainage, and park systems; managing Town buildings and other properties. Water & Wastewater: The Manager shall be responsible for supervising the operations of water production, treatment, storage, and distribution, and wastewater collections, including meeting all State and Federal water quality standards and regulatory requirements. Community Development: The Manager shall be responsible for supervising the operations of the Community Development Department, including both short term and long-range planning, zoning, building administration and code enforcement. Economic Development: The Manager shall be responsible for supervising all economic development programs and initiatives. Wastewater Treatment Plant: The Manager shall be responsible for supervising the operations of the Upper Fraser Valley Wastewater Treatment Plant and administering the Joint Facility Agreement. Personnel: The Manager shall have the responsibility for hiring and termination all employees, except those appointed as Town Officers. The Manager shall act in a supervisory capacity over all Department Heads and employees. The Manager will have the responsibility to ensure that all employees are performing their job tasks, to review all time cards and to prepare annual employee contracts. The Town Manager will hear any employee complaint and work to resolve the complaint to the employee and Town’s satisfaction. The Town Manager shall perform the functions and duties as specified for the Town Manager within Colorado Statutes and Town of Fraser Code and to perform other legally permissible and proper duties and functions. The Manager will be under the supervision of the Mayor and Board of Trustees. 8 Operations Responsibilities The Manager shall: Submit a proposed annual budget to the Town Board of Trustees for consideration and act as the Town's budget officer. Communicate issues affecting Fraser residents and businesses to these constituents. Be responsible for submitting, acquiring and monitoring all grants for the Town. Be responsible for all purchasing and bidding of services and goods. Act as the Town's representative to various organizations and corporations under contract with the Town to provide certain services. Prepare and present all reports required by the United States Government, the State of Colorado and the Town of Fraser. The Town Manager shall submit written reports to the Board of Trustees outlining the work accomplished by the Manager. Be responsible for ensuring the compliance of all franchises with Town Ordinances or Regulations. Be responsible in the coordination and implementation of public improvement projects. Be the safety coordinator for the Town. The Manager shall develop, implement, and administer a safety program that promotes safety in the work place as the first priority. Provide administrative review of contracts held by the Town. Attend all Town Board meetings and perform tasks required by the Town Board. OTHER DUTIES AND RESPONSIBILITIES The Town Manager shall perform whatever additional tasks required by the Town Board. KNOWLEDGE, SKILLS AND ABILITIES The Town Manager shall possess an extensive knowledge of the affairs of local government including but not limited to; budgeting, land use planning, employee relations, public relations, financing, utility management, capital improvements planning, principles of supervision, training and evaluations, and the use of computers. Manager should have the ability to analyze problems, interpret policies, laws, regulations and procedures, prepare clean reports and develop appropriate recommendations, communicate clearly both orally and in writing and maintain an effective working relationship with the Board and employees. MATERIAL AND EQUIPMENT DIRECTLY USED All standard office equipment. 9 WORKING ENVIRONMENT/PHYSICAL ACTIVITIES This position requires mostly working indoors, sitting most of the time; exerting up to 20 pounds of force occasionally, or 10 pounds to lift, carry, push, pull or move objects. During times of emergencies and some other times, exposure to environment and extreme weather conditions may occur. EDUCATION, EXPERIENCE AND FORMAL TRAINING Bachelor's degree from accredited college or university with major course work in public administration or related field. A minimum of five years experience in the field of public administration or similar industry is required.