HomeMy Public PortalAboutTBP 2013-07-17 y
C a t o 1YRt A n a
Town Board Briefing
July 17, 2013
Please note that Members of the Board may have dinner together @ 5:30 p.m. at the
Fraser Town Hall. We'll begin with a general workshop discussion at 6:00pm. The
regular meeting will begin at 7:00pm.
Referendum petitions have been filed protesting the Town Board's approval of
Ordinances 407 and 409. The filing of these petitions suspends the effective date of the
Ordinances related to the Byers Peak Ranch annexation and triggers a process for
determining if the petitions are sufficient under the applicable laws, with the possibility of
third-party protests being made challenging the petitions. If either petition is found to be
sufficient, the Town Board will then need to formally reconsider the subject
ordinance(s). Upon reconsideration, the Board can either repeal the ordinance(s), or
submit the matter of adoption of the ordinance(s) to a vote of the registered electors, to
be held within 60 to 150 days after the final determination of petition sufficiency. Such
reconsideration is not a public hearing, and Board will not be taking any additional public
comment on the matter.
See enclosed materials regarding a request for an easement a 760 Wapiti Drive.
The Board will also consider a retail marijuana moratorium and determine whether or not
to ask the voters to approve an excise tax for retail marijuana (a 5% excise tax was
previously approved by the voters for medical marijuana). The decision regarding an
excise tax at this time is only whether or not to begin the process of placing a question
on the ballot (the County Clerk needs this information by the end of July). The ballot
language would be submitted for approval in August.
Recently, the Town Board heard a request to adopt a fee for plastic bags. Given
pending litigation on similar matters in other communities, especially in regards to
TABOR, staff would recommend any such measure be established as a tax. TABOR
would require any such tax be approved by the voters. The question before the Town
Board at this time is whether or not to place such a question on the November ballot.
The Grand County Clerk will need this answer by the end of July, the ballot language
would return for Town Board approval at a subsequent meeting.
Finally, the Statutes provide for a challenge process when a referendum petition is filed
seeking to refer a matter to the ballot. While staff does not anticipate such a challenge,
we have provided a resolution for your consideration that would establish the Municipal
Judge as the Hearing Officer. We believe this would best ensure a fair and proper
hearing should there be a challenge.
As always, feel free to contact me if you have any questions or need any additional
information.
Jeff Durbin
Town of Fraser
PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, July 3, 2013
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board: Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Philip Naill,
Eileen Waldow, Vesta Shapiro, Cheri Sanders and Adam Cwiklin
Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat
Havens; Public Works Director Allen Nordin; Town Planner, Catherine
Trotter; Police Chief, Glen Trainor,
Others: See attached list
Mayor Smith called the meeting to order at 7:10 p.m.
1. Workshop: Mustang Park Project
2. Regular Meeting: Roll Call
3. Approval of Agenda:
Trustee Sumrall moved, and Trustee Sanders seconded the motion to approve the
Agenda. Motion carried: 7-0.
4. Consent Agenda:
a) Minutes—June 19, 2013, correct sign-in sheet will be attached.
Trustee Sumrall moved, and Trustee Waldow seconded the motion to approve the
consent agenda. Motion carried: 7-0.
5. Open Forum:
6. Updates:
a) Chamber of Commerce— Catherine Ross briefed the Board on the summer
activities and the community profile that is in the works.
b) Fraser Valley Metropolitan Recreation District— Scott Ledin updated the Board
on the Rec District's playground plan at the Fraser Sports Complex.
7. Public Hearings:
a) Ordinance 410 International Building Code
Page 2 of 2
Trustee Sumrall moved, and Trustee Naill seconded the motion to open the public
hearing on Ordinance 410 International Building Code Motion carried: 7-0.
Building Inspector Howland briefed the Board on the significant changes in the updated
code. To be consistent with the County sprinkling only townhomes and not duplex and
residential structures would be part of the code. Not adopting the most current code has
significant monetary issues with our insurance rates.
Trustee Sumrall moved, and Trustee Shapiro seconded the motion to close the public
hearing on Ordinance 410 International Building Code. Motion carried: 7-0.
8. Discussion and Possible Action Regarding:
a) Ordinance 410 International Building Code
Trustee Sumrall moved, and Trustee Sanders seconded the motion to approve
Ordinance 410 International Building Code. Motion carried: 7-0.
b) 2013 Snowball Report— Catherine Ross briefed the Board on the numbers they
have compiled regarding the Snowball Festival. The Board directed staff to
schedule a workshop regarding a possible future Snowball event.
b) Resolution 2013-07-01 A Resolution Authorizing Execution of a Temporary
Encroachment Easement Agreement for Ptarmigan Bend Townhouses, at 760
Wapiti Drive— PW Nordin briefed the Board on the need for the temporary
easement.
9. Community Reports:
10. Other Business:
Trustee Shapiro moved, and Trustee Naill seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 9:27 p.m.
Lu Berger, Town Clerk
C O L O R A D O
U p pee"10dae $rietitig
To: Mayor Smith and Board of Trustees
From: Allen Nordin, Director of Public Works
Date: July 3, 2013
Subject: 760 Wapiti Drive, Ptarmigan Bend Townhomes HOA; Request for a Temporary
Encroachment Easement Agreement
In preparation for the construction of the Town's Phase 3 drainage improvement project on
lower Wapiti Drive, the retaining wall located at 760 Wapiti Drive, Ptarmigan Bend Townhomes
was identified as having failed and in need of replacement. I contacted the President of the
Ptarmigan Bend Townhomes Homeowners Association ('Owners') to discuss this matter.
The Town initiated survey work and upon further review, it was determined that the entire
existing retaining wall encroaches completely into the public right-of-way(ROW). As mentioned
above, the retaining wall has failed and needs to be demolished, reconstructed and the parking
area reestablished onto their property. The survey also indicated that the existing retaining wall
was in close proximity to the Town's underground utilities (water and sewer).
The Owner has indicated they would like to retain as much of the parking area above the wall as
possible and inquired if the Town of Fraser would be willing to enter into an encroachment
easement agreement, as prepared by the Town attorney and attached, with the Owners for the
purpose of rebuilding the parking area retaining wall in the new location. Both the Town and the
Owner have agreed to a new retaining wall location within the ROW that provides a 10-foot
setback from the utilities.
The HOA respectfully requests the Town Board to consider entering into this easement
agreement to allow for their retaining wall to be reconstructed in the new location within the
public ROW as identified in Exhibit A of the agreement.
Furthermore, the HOA has agreed to reimburse the Town for all costs incurred by the Town in
connection with the preparation and execution of the Agreement, including but not limited to the
surveying fees, recording fees and attorney fees, as invoiced by the Town. (See Resolution)
Staff recommends approval of Resolution 2013-07-01 authorizing the Town Manager to enter
into a Temporary Encroachment Easement Agreement for the parking area retaining wall for the
Ptarmigan Bend Townhomes property located at 760 Wapiti Drive.
Please contact me in advance of the meeting with any questions or concerns.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
760 Wapiti Drive Site Map
(Shown in red)
Water Line
Sewer Line
(Approximate locations for reference purposes only)
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TEMPORARY ENCROACHMENT EASEMENT AGREEMENT
THIS TEMPORARY ENCROACHMENT EASEMENT AGREEMENT is made this
day of ,2013,between the TOWN OF FRASER, a municipal corporation,
P.O. Box 370, Fraser, CO 80442 (the "Town"); and MCKENNA PROPERTIES, LLC, a
Colorado limited liability company(as to Unit A), SAM G. SHEPPARD(as to Unit B), and
GAIL R. SMART (as to Unit C) (collectively, "Owner"),whose address is
WHEREAS, Owner is the owner of real estate situated in the Town of Fraser, Grand
County, Colorado described as follows:
UNITS A,B &C, PTARMIGAN BEND TOWNHOUSES,ACCORDING TO THE AS-
BUILT PLAT RECORDED APRIL 15, 1982 UNDER RECEPTION NO. 192676,
COUNTY OF GRAND, STATE OF COLORADO.
(hereinafter"Owner's Property"); and
WHEREAS, a retaining wall for the driveway on Owner's Property encroaches into the
fifty foot wide right-of-way of Wapiti Drive adjacent to Owner's Property,which right of way
was dedicated to the Town; and
WHEREAS, Owner has requested, and the Town has agreed to grant a temporary
encroachment easement for the replacement,maintenance and repair of such retaining wall in
accordance with the terms of this Agreement; and
WHEREAS, it is the intent of the parties that the terms of this Agreement shall be
binding upon Owner and all future owners of Owner's Property.
NOW THEREFORE, in consideration of the premises above set forth and for good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
(1) The Town hereby grants to Owner a temporary,non-exclusive easement for the
replacement,maintenance and repair of the existing retaining wall,which easement is more fully
described on Exhibit "A" attached hereto and incorporated herein by reference (the "Easement").
Prior to replacement of such retaining wall, Owner shall provide Town with the plans and
specifications for the removal of the existing wall and construction of the replacement retaining
wall. Such plans and specification shall be subject to Town approval. Owner understands that
the Town is undertaking drainage improvements on the right-of-way where the retaining wall is
located. Owner shall coordinate its plans and construction in order not to interfere with or delay
such drainage improvements. All construction,maintenance and repair work within the
Easement by or on behalf of Owner shall be done in a timely and good and workmanlike manner
and in accordance with all applicable laws and regulations. The surface of the Easement shall be
returned to at least the same condition as it was in immediately preceding such construction,
maintenance or repair work including, without limitation,revegetation and landscaping, grading,
compaction, drainage, and removal of any debris. If Owner fails to proceed with submission of
the required plans and specifications and to complete the reconstruction of the retaining wall by
October 1, 2013,then the Town may terminate the Easement and this Agreement by notice to
Owner and recording a termination statement with the Clerk and Recorder. In the event of such
termination, Owner shall be required to remove any remaining encroachment from the right-of-
way as provided in Paragraph 4 below.
(2) In consideration for the Easement, Owner shall pay the Town the sum of$10.00,
which shall be payable upon approval of this Agreement by the Fraser Board of Trustees and
prior to delivery of the original of this Agreement to Owner.
(3) The Easement is nonexclusive. The Town may use the area encompassed by the
Easement in any manner whatsoever, so long as such use is consistent with the temporary
Easement herein granted. Owner acknowledges that routine road maintenance and snow
removal operations by the Town on the right-of-way may cause damage to the retaining wall.
The Town shall not be liable for any such damage and Owner shall be solely responsible for any
necessary repairs. Owner further acknowledges that there are existing Town water and sewer
lines in the street right-of-way, located under or near where the replacement retaining wall will
be installed by Owner. If it is becomes necessary for the Town to repair or replace such water
and sewer lines, Owner shall be responsible for reimbursement of any additional costs incurred
by the Town due to the existence of the retaining wall within the right-of-way and Owner shall
also bear all costs of repairing, removing or relocating the retaining wall as required for the
conduct of such water main work. Reimbursement for any such costs incurred by the Town shall
be paid within thirty(30) days after an invoice is sent to Owner at the address set forth above, or
such other address as he may hereafter furnish to the Town in writing. The provisions of this
Paragraph 3 shall not preclude the Town from terminating the Easement, as provided in
Paragraph 4 below, in its discretion.
(4) The Easement shall terminate upon the removal, destruction or abandonment of
the retaining wall installed by Owner or that part thereof that encroaches upon the public right-
of-way. The Town may also terminate the Easement,upon not less than thirty(30) days written
notice to Owner, if the Fraser Board of Trustees determines that removal of the retaining wall is
necessary for the installation of street or utility improvements, or for other public health, safety
and welfare reasons. The recording of an affidavit signed by the then Mayor of the Town of
Fraser, attesting to the termination of the Easement as provided in this Paragraph, shall be
conclusive evidence that the Easement has been so terminated. Upon such termination,by
whatever means, Owner agrees to promptly remove the retaining wall and restore the right-of-
way to the condition it was in prior to the construction of the wall. If Owner fails to commence
such work within thirty(30) days after notification from the Town and diligently proceed to
completion, the Town may itself perform the work and recover all costs thereof from Owner.
-2-
(5) In further consideration for the grant of the Easement, Owner agrees to indemnify
and hold harmless the Town, its officers, employees, insurers, and self-insurance pool(the
"Indemnified Parties"), from and against all liabilities, losses, claims, demands, damages and
expenses, including reasonable attorney fees, incurred or suffered by the Indemnified Parties as a
result of. (a) failure by Owner to perform any covenant or obligation required to be performed
by Owner hereunder; (b)any accident, injury, or damage caused by, resulting from, arising out
of or in any manner connected with the existence of the retaining wall upon the public right-of-
way or the use of the Easement hereby granted; (d) structural failure of the retaining wall or any
other claim, loss or damage due to Owner's installation of the wall; and(c) failure by Owner to
comply with any requirement of any governmental authority.
(6) This Agreement shall be binding upon and inure to the benefit of the parties,their
heirs, successors, assigns and personal representatives, all other parties who may hereafter
acquire an interest in the properties subject hereto, and except as otherwise provided herein, shall
run with the land. In case of multiple Owners of the Owner's Property, each such Owner shall be
jointly and severally obligated for the performance of Owner's responsibilities hereunder.
IN WITNESS WHEREOF,the parties have hereunto subscribed their signatures,
effective the date first above mentioned.
TOWN
TOWN OF FRASER, COLORADO
BY:
Peggy Smith, Mayor
( SEAL) ATTEST:
Lu Berger, Town Clerk
STATE OF COLORADO)
) SS
COUNTY OF GRAND )
The foregoing instrument was acknowledged before me on ,
2013,by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of the Town of Fraser,
Colorado, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My Commission expires:
( SEAL) Notary Public
-3 -
OWNER
MCKENNA PROPERTIES,LLC, a
Colorado limited liability company
BY:
TITLE:
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me on ,
2013,by , as of MCKENNA PROPERTIES,LLC, a
Colorado limited liability company.
Witness my hand and official seal.
My Commission expires:
( SEAL) Notary Public
(Additional signature pages follow)
-4-
OWNER
SAM G. SHEPPARD
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me on 12013,
by SAM G. SHEPPARD.
Witness my hand and official seal.
My Commission expires:
( SEAL) Notary Public
(Additional signature pages follow)
-5-
OWNER
GAIL R. SMART
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me on , 2013,
by GAIL R. SMART.
Witness my hand and official seal.
My Commission expires:
( SEAL) Notary Public
-6-
KERVIN INC r
SURVEYING
June 21,2013
EXHIBIT "A"
LEGAL DESCRIPTION -WALL EASEMENT
A Wall Easement located in Wapitti Drive right-of-way as shown on the plat of Ptarmigan
recorded January 8, 1973 as Reception Number 125924 of the records of Grand County,
Colorado, located in a portion of Section 19, T1 S, R75W of the 6th P.M., Town of Fraser, County
of Grand State of Colorado, more particularly described as follows:
COMMENCING at the Southwest Corner of Ptarmigan Bend Townhouses, a subdivision recorded
April 15, 1982 as Reception Number 192676 of the records of Grand County, Colorado, from
which the Southeast Comer of said Ptarmigan Bend Townhouses bears, S58°10'34"E, (Basis of
Bearing), thence N31°49'26"E, 37.00 feet along the Westerly Line of said Ptarmigan Bend
Townhouses to the TRUE POINT OF BEGINNING,
Thence N58010'34"W, 8.00 feet to a point on a line that is 8.00'Westerly of, as measured at right
angles to and parallel with the Westerly Line of said Ptarmigan Bend Townhouses;
Thence N31°49'26"E, 40.00 feet along a line that is parallel with the Westerly Line of said
Ptarmigan Bend Townhouses;
Thence N48 002'06"E, 38.15 feet to a non-tangent curve to the left and the Northwest Comer of
said Ptarmigan Bend Townhouses;
Thence 20.00 feet along the are of said curve concaved to the Southeast and along the Westerly
Line of said Ptarmigan Bend Townhouses to a point tangent said arc having a radius of 75.00
feet, a central angle of 15°16'55", and being subtended by a chord that bears S39 027'53"W,
19.94 feet;
Thence S31°49'26"W, 56.87 feet along Westerly Line of said Ptarmigan Bend Townhouses to the
TRUE POINT OF BEGINNING.
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Colorado
Land Surve
Date: 6-21-13
Notes:
1.) NOTICE: According to Colorado law you must commence any legal action based upon any defect
in this survey within three years after you first discovered such defect. In no event, may any action
based upon any defect in this survey be commenced more than ten years from the date of the
certification shown.
2.) Legal description was prepared by Michael S, Kervin,PLS,55 Aspen Place, Evergreen,CO 80439.
Kervin_Inc @msn.com 55 Aspen Place
Evergreen, CO 80439
970-531-8499
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1.) Bearkm shorn on the .t''.:4°�k.�' ct`9eM,�C�"✓
ocaanpany- Erfiibl}MaP are z s j�°Z -r3�ia:7
based on the auamptlon that the " �.� E)( /&r "A"
West L1ne of Ptarm*n Send = "•^� ;dC
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Townhouses.troa,s N3149'26"E as r a _Q : .. (� A POR71ON OF 7HE NE7/4 Of OF
as shown on the final plat 7$
thereof. i y -- SECIKW J8, TJS,RSFR7
'i P.M., 70*N OF FRA COUNTy
2)Thie Exhibit Asap Is NOT a ��" SDK ` INC. s OF&RAND, STATE OF COLORADO.
"IAN,SURVEY PLAT"or / ,Q,_1 A
1 Is a graphical eprR�taaUann for °R'yS`11� �t 1 013 S KERV/N INC
the proposed easement. '"'1°0 201 SURVEYING
K51 PRO.k 3-13
DAM 00-21-13 970-WI-8499 FRASEq,Cp
202-232"3849 EVERGREEN.CO
TOWN OF FRASER
RESOLUTION NO. 2013-07-01
A RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY ENCROACHMENT
EASEMENT AGREEMENT FOR PTARMIGAN BEND TOWNHOUSES, AT 760 WAPITI DRIVE,
FRASER COLORADO.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Board of Fraser, Colorado hereby authorizes the Town Manager to execute
the Temporary Encroachment Easement Agreement with Owners of Units A, B & C of
Ptarmigan Bend Townhouses, a copy of which is attached hereto, subject to the
conditions provided below.
2. The approval of said Temporary Encroachment Easement Agreement is conditioned
upon payment to the Town of consideration in the amount of$10.00 plus payment of all
costs incurred by the Town in connection with the preparation and execution of said
Agreement, including but not limited to the surveying fees, recording fees and attorney
fees, as invoiced by the Town. Such payment and a copy of the Temporary
Encroachment Easement Agreement signed by the Owners must be received by the
Town within forty-five days after the date hereof or such approval shall lapse and no
longer be effective.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS DAY OF , 2013.
Votes in favor: _ BOARD OF TRUSTEES OF THE
Votes opposed: _ TOWN OF FRASER, COLORADO
Absent: _
Abstained: _ BY:
Mayor
ATTEST:
(SEAL)
Town Clerk
TOWN OF FRASER
RESOLUTION NO. 2013-07-01
A RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY ENCROACHMENT
EASEMENT AGREEMENT FOR PTARMIGAN BEND TOWNHOUSES, AT 760 WAPITI DRIVE,
FRASER COLORADO.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. The Town Board of Fraser, Colorado hereby authorizes the Town Manager to execute
the Temporary Encroachment Easement Agreement with Owners of Units A, B & C of
Ptarmigan Bend Townhouses, a copy of which is attached hereto, subject to the
conditions provided below.
2. The approval of said Temporary Encroachment Easement Agreement is conditioned
upon payment to the Town of consideration in the amount of$10.00 plus payment of all
costs incurred by the Town in connection with the preparation and execution of said
Agreement, including but not limited to the surveying fees, recording fees and attorney
fees, as invoiced by the Town. Such payment and a copy of the Temporary
Encroachment Easement Agreement signed by the Owners must be received by the
Town within forty-five days after the date hereof or such approval shall lapse and no
longer be effective.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 17th DAY OF JULY, 2013.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayor
ATTEST:
(S E A L)
Town Clerk
ORDINANCE NO.411
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION,
ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A LICENSE
OR PERMIT RELATING TO THE OPERATION OF A BUSINESS THAT SELLS OR
DISTRIBUTES RETAIL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY
ARTICLE XVIII,SECTION 16 OF THE COLORADO CONSTITUTION
WHEREAS, the sale of marijuana other than for medical purposes (commonly referred
to as "retail marijuana")was authorized and limited by Article XVIII, Section 16 of the Colorado
Constitution, adopted by the voters of the State of Colorado on November 6,2012; and
WHEREAS, the Town of Fraser has no current land use or business regulation
governing the operation of a business cultivating, selling, or distributing retail marijuana within
the Town; and
WHEREAS, local governments may prohibit the operation of marijuana cultivation
facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail
marijuana stores through the enactment of an ordinance or through an initiated or referred
measure; and
WHEREAS, the Board of Trustees of the Town of Fraser believes that it is important to
determine in more detail how the State manages retail marijuana licensing and enforcement
prior to establishing any local licensing procedures.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
1. Upon the adoption of this Ordinance a moratorium is imposed prohibiting application for
and operation of marijuana cultivation facilities, marijuana product manufacturing facilities,
marijuana testing facilities, or retail marijuana stores within the Town of Fraser.
2. The moratorium imposed by this ordinance shall commence as of the date of the
adoption of this Ordinance, and shall expire on July 1,2014.
3. The Town Board hereby finds, determines, and declares it has the power to adopt this
ordinance pursuant to: (i)the Local Government Land Use Control Enabling Act, Section 29-20,
C.R.S.; (ii)Section 31-23-2, C.R.S. concerning municipal zoning powers; (iii)Section 31-15-103,
C.R.S. concerning municipal police powers; (iv) Section 31-15-401, C.R.S. concerning
municipal police powers; (v) Section 31-15-501, C.R.S. concerning municipal power to regulate
business; and (vi)Article XVIII, Section 16 of the Colorado Constitution, authorizing a Locality to
prohibit marijuana establishments.
4. The Board of Trustees finds and concludes that this Ordinance is necessary for the
immediate preservation of the health,safety, and welfare of the citizens of the Town of Fraser to
protect the citizens of the Town of Fraser and, therefore, this Ordinance shall be effective
immediately upon its approval by the Board of Trustees.
5. Should any one or more sections or provisions of this Ordinance be judicially determined
to be invalid or unenforceable, such determination shall not affect, impair, or invalidate the
remaining sections or provisions of this Ordinance, it being the intent of the Town Board of
Trustees that such invalid or unenforceable provisions are severable.
INTRODUCED, PASSED AND ADOPTED AT A REGULAR MEETING OF THE BOARD OF
TRUSTEES OF THE TOWN OF FRASER THIS 17th DAY OF JULY,2013.
Votes Approving:
Votes Opposed:
Absent:
Abstained:
ATTEST: BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
By.
Lu Berger, CMC Peggy Smith
Town Clerk Mayor
2
INFILTRATION PLAN
This Plan is the result of the cooperative efforts of the Town of Fraser, Grand County
Water and Sanitation District #1, and the Winter Park Ranch Water and Sanitation
District and is intended to establish consistent and coordinated efforts to address
infiltration given its effects on the Upper Fraser Valley Wastewater Treatment Facility.
Infiltration is defined as groundwater or surface water that enters the wastewater
collection system. Infiltration occurs to some degree in all wastewater collections and
treatment systems.
The efforts of all three entities during recent years has in fact resulted in significant
declines in infiltration. However, due to the recent changes in nutrient removal
standards, and the implications of those standards on the permitting and regulations
related to the operations at the Treatment Facility are significant. In order to maintain
compliance with these standards, and maintain the capacity for future growth within the
current plant, our efforts to address infiltration must be increased. Alternatively, the
Treatment Plant will be subject to an additional 7 million dollar upgrade to address
nitrogen removal, and the state will most likely require an expansion of the capacity of
the Treatment Plant (approximately $X million). All three entities are directly affected by
costs related to these matters at the Treatment Plant, and agree that the most cost
effective means of addressing this matter is in the collection systems.
This Plan is intended to outline the steps the entities agree to take in order to reduce
infiltration. This Plan is intended to be reviewed and updated annually pending the
relative success of these measures.
GOALS
While recognizing that infiltration will always be present in the wastewater collection
systems, our primary goal is to implement the most effective and economical means of
addressing infiltration in order to continue to provide for an efficient, effective, and
sustainable wastewater treatment system.
During the remainder of 2013, and the first half of 2014, all entities will work individually
and collectively to identify the actual location and magnitude of infiltration sources.
Thereafter, the entities will work individually and collectively to prioritize problem areas
and develop remedies. During the latter half of 2014 the entities will initiate solutions.
During the latter half of 2014, and into 2015, the entities will continue to monitor
infiltration sources and the effectiveness of implemented solutions on the overall
problem.
The entities all agree to allocate funds to address infiltration and to continue to work
together to refine this plan toward addressing our goals.
OBJECTIVES
An overall map of all three collection systems will be prepared during 2013.
The entities will obtain flow meters and develop a plan for placement and data collection.
This is intended to identify problem areas and priorities.
The entities will continue video survey efforts and coordinate evaluation of the results.
Each entity will implement repairs to its collection system as appropriate. Each entity
retains discretion over its infrastructure, while also recognizing that all three systems
directly impact shared operational and capital costs at the Treatment Plant.
The Plant Manager will amend the workplans to complete the SBR as early as possible.
The Managers will begin to establish targets for an implementation schedule as more
information becomes available.
The Plant Manager will allocate an Excess Treatment Fee for costs that may be
associated with infiltration pursuant to the terms of the Joint Facility Agreement, or as
may be amended. (This paragraph will be expanded, need to do some work on how this
would happen first, Managers discussed general scenario and we're working on that).
Each entity will allocate funds toward implementing this Infiltration Plan.
This plan will be reviewed annually, and presented to the JFOC concurrent with the
presentation of the proposed annual budget.
1
C O E O R A D O
Clerks Update
July 17, 2013
In your packet is a Resolution regarding appointing a hearing officer in regards to referendum
petitions protesting the effect of Ordinances 407 and 409.
By statute, once the referendum petitions are filed, a forty day protest period begins. Protests
must be filed "in writing and under oath" with the Clerk. If a protest(s) is filed, the Clerk must set
a date and time for a hearing. The statutes states that the Clerk may serve as the hearing
officer, unless some other person is designated as a hearing officer by the legislative body. We
propose the Board designate Georgia Noriyuki as the hearing officer. Due to my work with the
proponents in regards to approval of the petitions, we feel an individual with no connection to
the proponents, issue, or my office, would make the process more transparent.
If you have any questions regarding the referendum process, feel free to give me a call.
If you have any questions, feel free to contact me @ 726-5491 x201 or
lberger(a-)town.fraser.co.us
Lu
TOWN OF FRASER
RESOLUTION NO. 2013-07-02
REGARDING APPOINTMENT OF A HEARING OFFICER
AS REFERENCED IN C.R.S. 31-11-110 (3)
WHEREAS, the Town of Fraser has received petitions to refer Ordinances 407 and 409
to the electorate; and
WHEREAS, Colorado Revised Statutes 31-11-110 (3) allows for the legislative body to
appoint a hearing officer to hear protests concerning said referendum petitions;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO THAT:
Georgia Noriyuki is appointed hearing officer for protest hearing concerning referendum
petitions related to Ordinances 407 and 409.
DULY MOVED, SECONDED AND ADOPTED THIS 17th DAY OF JULY, 2013.
TOWN OF FRASER
Peggy Smith, Mayor
ATTEST:
Lu Berger, Town Clerk
I � A gili
• 1 �
Meirgm
To: Fraser Board of Trustees, Winter Park Town Council
From: Glen Trainor, Chief of Polices
Date: July 9, 2013
Re: June,2013 Monthly Report
In June,we responded to a total of 141 calls for service,of which 63 were in Winter Park, and
64 in Fraser. The remaining calls were other agency assists. We also issued a total of 17
citations in Winter Park and 6 in Fraser.
A list of the major incidents we responded to is outlined below:
Criminal Driving Violations - 9
Theft - 3
Warrant Arrests - 3
Criminal Mischief - 2
Assault/Menacing - 2
Please contact me if you have any questions.
"COMMITTED TO EXCELLENCE'
r
J C O L O R A p 0 �
PUBLIC WORKS UPDATE
(As of 07/11/2013 for 07/17 meeting)
WATER—
Installation of screening around the new back-up generators at the Blue and Yellow Zone water plants
is in progress.
➢ Performing maintenance work on a water production well in the Fraser water system.
➢ Preparing for our annual water system valve exercising, line and fire hydrant flushing program. This will
last for several weeks.
➢ The IGA with the Fire District was executed last Wednesday. The Town engineer will begin working on
the design of the project starting next week. We anticipate this project going to bid by early August with
construction in late August or early September.
SANITARY SEWER—
Continue with manhole inspections.
➢ Working on a draft Inflow and Infiltration plan with Grand No.1 and WPR W&S.
STREETS—
The Wapiti Drive Drainage improvements project- phase 3 is out for bid. Bid opening date is July 30tH
10 a.m.
➢ Cross walks and curb warning paint is complete. Having discussions w/CDOT regarding the school
zone and cross walk inlays in US40 to get them renewed as they have since worn off. They were last
done in 2005 following the overlay project that fall.
➢ Crack sealing is complete.
➢ Chip seal project to begin the week of July 15 as we had to delay due to a street that was opened up
for deep utility work in Cozens Meadow. This project will take approx. 4 days to complete, weather
dependant. The contractor will begin staging equipment as early as Friday, 7/12. Rendezvous HOA has
opted to tag onto our project to maintain the private streets in their subdivision with the chip and seal
application.
➢ See PW Supplemental Briefing for Resolution 2013-07-01, 760 Wapiti Drive - Ptarmigan Bend
Townhomes Encroachment Easement Agreement. A representative is scheduled to be in attendance to
address the Board with this request.
GARDENER—
Trying to hire a replacement gardener as we lost one last week.
➢ Construction on the Mustang Triangle project will begin next week.
OTHER—
Please contact me in advance of the meeting should you have questions. anordin(a)town.fraser.co.us or 970-531-1844.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
�QNILANrkR�
P
TRACKS
2013
i
Sponsorship Opportunities
Champion Sponsor — $5,000 or More
• Business Name&Logo featured on all event collateral material&website
• Booth space during event
• Banner displayed during event(banner provided by sponsor)
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
• Two passes to the event
• Business highlight in 2 email campaigns
Platinum Sponsor — $2,500
• Logo featured on all event collateral material&website
• Booth space during event
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
• One pass to the event
• Business highlight in 2 email campaigns
Gold Sponsor — $1,000
• Logo featured on all event collateral material&website
• Booth space during event
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
Silver Sponsor — $500
• Business name featured on all event collateral material&website
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
Bronze Sponsor — $250
• Business Name featured on all event collateral material&website
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
�QNILANrkR�
P
TRACKS
2013
i
Sponsorship Opportunities
Champion Sponsor — $5,000 or More
• Business Name&Logo featured on all event collateral material&website
• Booth space during event
• Banner displayed during event(banner provided by sponsor)
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
• Two passes to the event
• Business highlight in 2 email campaigns
Platinum Sponsor — $2,500
• Logo featured on all event collateral material&website
• Booth space during event
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
• One pass to the event
• Business highlight in 2 email campaigns
Gold Sponsor — $1,000
• Logo featured on all event collateral material&website
• Booth space during event
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
Silver Sponsor — $500
• Business name featured on all event collateral material&website
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
Bronze Sponsor — $250
• Business Name featured on all event collateral material&website
• Sponsor acknowledgment announcements during event
• Donor Certificate recognition
A r
�,
s
T RAC K S
2013 Northwest Colorado Rural Philanthropy Days
Grand, Jackson, Moffat, Rio Blanco & Routt Counties
September 25-27, 2013
Company or Individual Name
Contact Name E-mail
Address
City State Zip
Phone: Cell: Fax:
Preferred method of contact: ❑Phone ❑Email
Sponsorships are based on availability.
❑ $5,000 Champion Sponsor ❑ $2,500 Platinum Sponsor
❑ $1,000 Gold Sponsor ❑ $500 Silver Sponsor
❑ $250 Bronze Sponsor ❑ $ Other Sponsor
Payment information
❑ Enclosed is my check for $ (payable to Grand Foundation)
❑ Please invoice our organization
❑ Please charge my credit card. AMEX VISA MC
Credit Card # Exp.
Name on Card: Billing Zip Code:
Signature Security Code
Questions? Call: 970.887.3111 / Fax: 970.887.3176
Please return this form to: Grand Foundation,P.O. Box 1342,Winter Park, CO 80482
Lu Berger
From: Jeff Durbin
Sent: Thursday,July 11, 2013 2:53 PM
To: Lu Berger
Subject: FW: plastic bags
Jeff Durbin
Town Manager
Town of Fraser
From: Sudi Newcomer [ma i Ito:snewcomer(cOegsd.org]
Sent: Monday, July 08, 2013 2:32 PM
To: Jeff Durbin; president(abinfinitewest.org
Subject: plastic bags
Hi Jeff;
I heard that Fraser may be putting a service charge for plastic bags on the ballot this fall. I cannot even begin
to tell you how huge a supporter of this idea I am. I actually wrote my thesis for my Master's Degree on the
impact that plastic pollution (particularly single use plastic bags)have on the environment. If this does get to
the ballot, I would love to answer any questions that folks might have about the environmental impact that
this measure could have. As a matter of fact, even China has banned the use of single use plastic bags,
China!
If the Town is interested I would be happy to discuss my thesis paper and the findings of the research that I
conducted. Even a small reduction in use of single use plastic bags has tremendous impact on the oceans,
rivers, streams, wildlife, vegetation and even us humans:)
Thanks so much.
Sudi Newcomer
Secretary
East Grand School District
"It is only with the heart that one can see rightly; what is essential is invisible to the eye."
-Antoine de Saint-Exupery
1
Lu Berger
From: Infinite West <president @infinitewest.org>
Sent: Thursday,July 11, 2013 8:02 AM
To: Catherine Trotter;Jeff Durbin; Lu Berger
Subject: Additional Bag information
Hello Jeff& Lu -
Catherine has told me that she has forwarded the resources and information I provided regarding support for a
plastic bag fee in Fraser. I am attaching a couple more links in this email, and emailing the both of you to
reiterate our strong support of this possible legislation/ordinance moving forward.
We are more than willing to help with this in any way that we can.
Regards,
Tim Hodsdon
http://www.cawrecycles.org/issues/current legislation/ab2449 06/letter
http://www.saveourshores.org/what-we-do/documents/Tublic-letter-of-sup op rt-bad, ban pdf
http://www.monterey.org/EnvironmentalPrograms/ZeroWaste/ChooseToReuseSingleUseCarryOutBags aspx
Also, MYTHS VERSUS FACTS (This is a good one, and maybe could be incorporated into the presentation to
the board?)
http://www.savesfbay.org/sites/default/files/MythvFact bags final.pdf
Timothy H.J. Hodsdon
President, Directors
x
PO Box 1955
Granby,CO 80446
infinitewest.or4
infinitewest(Nive.com
1
Lu Berger
From: Catherine Trotter
Sent: Monday,July 08, 2013 1:44 PM
To: Jeff Durbin; Lu Berger
Subject: FW: Bag Legislation Toolkit
Catherine E. Trotter, AICP
Town Planner
Town of Fraser
From: Infinite West [ma i Ito:president0)infinitewest.org]
Sent: Monday, July 08, 2013 1:43 PM
To: Catherine Trotter
Subject: Bag Legislation Toolkit
Hi Catherine -
I have heard through the grapevine that you are in the process of crafting possible legislation for a plastic bag
fee to be implemented in Fraser, upon voter approval.
First, I wanted to express strong support for this measure from the Board of Directors of Infinite West. As you
know, Infinite West owes its very existence to funds raised from a very successful campaign to limit plastic bag
use in our communities in 2009. That campaign showed us that there is political will in our communities to do
something about the environmental threat of plastic bags.
We have had discussions with Lindsey England and Sudi Newcomer regarding this measure, and believe it is a
great first step toward getting non-biodegradable single-use plastic bags out of our landfills, environment and
food supplies. We also think that such a measure would help Fraser stand apart as a progressive champion of the
environment that is so crucial to all of our livelihoods here in Grand County.
Second, I wanted to forward information we have been gleaning from fellow members of the Colorado
Sustainability Collaborative who have offered to help with such a measure in our communities. Their
experiebnce may be helpful to you in this endeavor. I will follow this with additional emails and more links and
connections, if that is all right with you.
Below is a link to a legislation toolkit...more to follow! Please let us know if Infinite West can be of any further
assistance in the realization of this very important piece of local legislation.
Sincerely,
Tim Hodsdon
http://www.bagitmovie.com/downloads/bagittown toolkit.pdf
Timothy H.J. Hodsdon
President,Board of Directors
1
Lu Berger
From: Catherine Trotter
Sent: Monday,July 08, 2013 1:45 PM
To: Jeff Durbin; Lu Berger
Subject: FW: Reusable Bag Fee Ordinance Help
Catherine E. Trotter, AICP
Town Planner
Town of Fraser
From: Infinite West [mailto:president(abinfinitewest.org]
Sent: Monday, July 08, 2013 1:44 PM
To: Catherine Trotter
Subject: Fwd: Reusable Bag Fee Ordinance Help
On Fri, Apr 19, 2013 at 1:08 PM, Kim Wheels <kim(c),ecoactionpartners.org> wrote:
Hi Tim,
Both Telluride and Mountain Village went through a long process regarding plastic bag ordinances. My
organization served as an educational source, while a local advocate took up the charge to push adoption in both
communities.
Telluride's ordinance is attached.
Mountain Village info is located on their website (http://www.mountain-village.co.us/Index.aspx?NID=305), as
well as the attached resolution.
Also attached is an article from our files that may be helpful.
I'm going to put you in touch with my coworker(Walter Wright) and the local advocate (David Allen) who
worked most closely with the towns, so you can contact them directly if you'd like more information.
Hope this helps!
Kim
On Fri, Apr 19, 2013 at 9:07 AM, Infinite West<presidentginfinitewest.org> wrote:
Hello Collaborative -
We have committed to supporting a small group of citizens here in Grand County in their efforts to instate
a Reusable Bag Fee Ordinance in the towns of Winter Park &Fraser. We were wondering if any of you have
been involved with similar ordinances and might be able to offer some advice or help.
We are looking for:
1
1. Strategy advice
2. Copies of similar ordinances
3. Positive testimonials
If you might be able to help out, we would be grateful.
Sincerely,
Tim
Timothy H.J. Hodsdon
President,Board of Directors
Error! Filename not specified.
PO Box 1955
Granby,CO 80446
infinitewest.ora
infinitewest(ablive.com
Kim Wheels
Conimunit-Energy Coordinator, San Miguel & Ouray Counties, Colorado
EcoAction Partners
www.ecoactionpartners.org
970-728-5208
Kim Wheels
Community Energy Coordinator, San Miguel & Ouray Counties, Colorado
EcoAction Partners
www.ecoaction]2artners.org
970-728-5208
Timothy H.J. Hodsdon
Preside�ofDirectors
PO Box 1955
Granby,CO 80446
i,nfinitewest.orq
i nfi n itewestOAVe.com
2
Lu Berger
From: Catherine Trotter
Sent: Monday,July 08, 2013 1:45 PM
To: Jeff Durbin; Lu Berger
Subject: FW: Reusable Bag Fee Ordinance Help
Catherine E. Trotter, AICP
Town Planner
Town of Fraser
From: Infinite West [mailto:president0infinitewest.org]
Sent: Monday, July 08, 2013 1:44 PM
To: Catherine Trotter
Subject: Fwd: Reusable Bag Fee Ordinance Help
Hi Tim,
CORE also worked with the city of Aspen and Towns of Carbondale and Basalt. City of Aspen and Carbondale
passed bag bans. You can find the ordinance on the CIty of Aspen website. Jason Haber can contact you to
discuss the process that CORE used to get the bag bans passed in both towns.
Glad you all are interested in going forward with the ban!
Best regards,
Mona
Mona Newton
Executive Director
mona _aspencore.org
Aspen: 970-544-9808
520 S. Third Street, Suite 2 • Carbondale, CO . 81623 • (970) 963-1090
111 Airport Business Center, Suite M • Aspen, CO . 81611 • (970) 925-9775
215 N Garmisch St/P.O. Box 9707 • Aspen, CO . 81611 • (970) 544-9808
www.aspencore.org • www.energysmartcolorado.com • Facebook
Thanks to CORE Sponsors:
City of Aspen, Pitkin County, Holy Cross Energy, Town of Snowmass Village,
Town of Carbondale, Town of Basalt, City of Glenwood Springs
Join CORE's email list: Join Here
i
On Apr 19, 2013, at 1:08 PM, Kim Wheels wrote:
Hi Tim,
Both Telluride and Mountain Village went through a long process regarding plastic bag
ordinances. My organization served as an educational source, while a local advocate took up the
charge to push adoption in both communities.
Telluride's ordinance is attached.
Mountain Village info is located on their website (http://www.mountain-
village.co.us/Index.aspx?NID=305), as well as the attached resolution.
Also attached is an article from our files that may be helpful.
I'm going to put you in touch with my coworker(Walter Wright) and the local advocate (David
Allen) who worked most closely with the towns, so you can contact them directly if you'd like
more information.
Hope this helps!
Kim
On Fri, Apr 19, 2013 at 9:07 AM, Infinite West< >wrote:
Hello Collaborative-
We have committed to supporting a small group of citizens here in Grand County in their efforts
to instate a Reusable Bag Fee Ordinance in the towns of Winter Park &Fraser. We were
wondering if any of you have been involved with similar ordinances and might be able to offer
some advice or help.
We are looking for:
1. Strategy advice
2. Copies of similar ordinances
3. Positive testimonials
If you might be able to help out, we would be grateful.
Sincerely,
Tim
Timothy H.J. Hodsdon
2
President,Board of Directors
Error! Fi➢enaizic not specified.
PO Box 1955
Granby,CO 80446
infinitewest.org
infinitewestMive.com
Kim Wheels
Community Energy Coordinator, San Miguel & Ouray Counties, Colorado
EcoAction Partners
www.ecoactionpartners.org
970-728-5208
<Resolution 2012-0719-14 Establishing a Plastic Bag Reduction for Mountain
Village.pdf5<Disposable Bag Ord 090810.pdf><Bag article from Resource Recycling.pdf>
Timothy H.J. Hodsdon
Preside�of Directors
PO Box 1955
Granby,CO 80446
infinitewest.orq
infinitewest(&Iive.com
3
Lu Berger
From: Catherine Trotter
Sent: Monday,July 08, 2013 4:51 PM
To: Lu Berger
Subject: FW: Reusable Bag Fee Ordinance Help
Catherine E. Trotter, AICP
Town Planner
Town of Fraser
From: Infinite West [mailto:president @infinitewest.org]
Sent: Monday, July 08, 2013 1:45 PM
To: Catherine Trotter
Subject: Fwd: Reusable Bag Fee Ordinance Help
This one I think will be especially helpful...
---------- Forwarded message ----------
From: Jennifer Schenk<jenschenk L&highcountryconservation.org>
Date: Mon, Apr 22, 2013 at 1:21 PM
Subject: RE: Reusable Bag Fee Ordinance Help
To: Infinite West<president c,infinitewest.o >
Hi Tim,
As you've probably heard,the Town of Breck very recently passed an ordinance charging$.10/bag. It hasn't gone into
effect yet, but we were involved in the process,which spanned more than a year.The Town planner that led the charge
is Mark Truckey. However, I believe the initiative was driven by the mayor and a few folks on Council who felt strongly
about the bag ban/fees. Even with that leadership, it was quite an involved and challenging process to get this passed (in
a very progressive town).
Mark is really your best contact, but I am happy to offer my perspective from the nonprofit side of life. One of the keys
to success was a task force that was developed to tackle this issue and make recommendations to the Council.The task
force was primarily comprised of business owners (who would be affected by the ban), but also a few citizens and us as
the local nonprofit.
I'd love to catch up sometime in general about what you're working on in Grand County!
Jen
1
Jennifer Schenk
Executive Director
High Country Conservation Center
PO Box 4506
Frisco,CO 80443
www.liighcountrycoiisci-vatioii.org
970.668-5703
From: Infinite West [mailto:president @infinitewest.org]
Sent: Friday,April 19, 2013 9:08 AM
To:Zach Owens
Cc:cnmalick @gmail.com; keith.fife @mesacounty.us;cameron @cloudcityconservation.org;pfraser @sccog.net;
%ohnryan @eaglevalleyalliance.org; localresourceco @gmail.com; elsajag @gmail.com; jdaggett @embracecolorado.com;
sarah @yvsc.org; jeanna.paluzzi @colostate.edu;dpearsonl026 @hotmail.com; rmacdonald @ppacg.org;
kim @ecoactionpartners.org; lynne @highcountrvconservation.org;swhite @ppacg.org; amanda @fourcore.org;
tim.edgar @colostate.edu; christine.cro use @colostate.edu; Kim @eaglevalleyalliance.org; krisPecoactionpartners.org;
aenschenk @highcountryconservation.org; rmorev @cleanenergyeconomy.net; kathypC@ci.grandict.co.us-
sarah@whizzer.com; lindsay @aspencore.org;glen @glenmarciniak.com; mava @resourceefficiency.org;
blasi.brian @gmail.com; bchristianse(cDchaffeecounty.org; michael.kirk.rempc@)gmail.com; mona @aspencore.org;
dennis.kaan @colostate.edu; irene.shonle @colostate.edu; Anna Zawisza;joani.matranga @state.co.us;
cameron.garcia @mesacounty.us;Michael.kirk @regionalenergympc.com;Julie North;
ahlaird(c@cleanenergyeconomy.net;teresa @fourcore.org;twhitmore @dreog.org;amelia @aspencore.org;
gregg @fourcore.org; kw @incite-consulting.com;abbie @forealliance.org; brent @uppersouthplatte.org;
Jason @aspencore.org; earl @shadowcliff.org; rmuzzV @ppacg.org
Subject: Reusable Bag Fee Ordinance Help
Hello Collaborative -
We have committed to supporting a small group of citizens here in Grand County in their efforts to instate
a Reusable Bag Fee Ordinance in the towns of Winter Park & Fraser. We were wondering if any of you have
been involved with similar ordinances and might be able to offer some advice or help.
We are looking for:
2
1. Strategy advice
2. Copies of similar ordinances
3. Positive testimonials
If you might be able to help out, we would be grateful.
Sincerely,
Tim
Timothy H.J. Hodsdon
President,Board of Directors
Error! Filename not specified.
PO Box 1955
Granby,CO 80446
infinitewest.ora
infinitewestO-blive.com
Timothy H.J. Hodsdon
Preside�of Directors
PO Box 1955
Granby,CO 80446
i nfinitewest.ora
infinitewestCllive.com
3
Lu Berger
From: Catherine Trotter
Sent: Monday,July 08, 2013 4:52 PM
To: Lu Berger
Subject: FW: Reusable Bag Fee Ordinance Help
Just forwarding all this to you and not Jeff now............
Catherine E. Trotter, AICP
Town Planner
Town of Fraser
From: Infinite West [ma ilto:president@ i nfi n itewest.org]
Sent: Monday, July 08, 2013 1:46 PM
To: Catherine Trotter
Subject: Fwd: Reusable Bag Fee Ordinance Help
CORE has offered to help if they can...
---------- Forwarded message----------
From: <iasonLL aspencore.org>
Date: Thu, Apr 25, 2013 at 12:55 PM
Subject: RE: Reusable Bag Fee Ordinance Help
To: Infinite West< >
Cc:jennieL&plasticbaglaws.org
Hi Tim -
CORE would be happy to assist you in any way we can. We could probably round up a handful of
testimonials for you, and provide some advice around strategy, as well. Feel free to give me a call
anytime if you'd like to hear about our experience here in the Roaring Fork Valley.
In the meantime, here are a few resources that could be helpful to your efforts:
1. www.wastefreeroarinafork.org
2. www.bagitmovie.com
3. www.plasticbaglaws.org
Jennie Romer at plasticbag laws.org is really a great resource for all things related to plastic bag
regulations - especially on the legal aspects. I'd encourage you to get in touch with her at
jennie(d)plasticbag laws.org.
Best of luck,
Jason Haber
CORE
(970) 544-9808
3. -------- Original Message --------
1
Subject: Reusable Bag Fee Ordinance Help
From: Infinite West <president(a)infinitewest.org>
Date: Fri, April 19, 2013 9:07 am
To: Zach Owens <zowens(a)sustainablecolorado.org>
Cc: "cnmalick(cbgmail.com" <cnmalick a gmail.com>,
"keith.fife(a)mesacounty.us" <keith.fife(cbmesacounty.us>,
"cameron(a cloudcityconservation.org" <cameron(a)cloudcityconservation org>,
11 pfraser(absccoa.net" <pfraser(a)sccog.net>,
"johnryan(a)eaglevalleyalliance org" <iohnryan aC)eaglevalleyalliance.org>,
"localresourceco(a)gmail.com" <localresourcecoCalgmail.com>,
"elsajag(cbgmail.com" <elsajag(@gmail.com>, "jdaggett(a)embracecolorado.com"
<jdaggett(aembracecolorado.com>, "sarak yvsc.orq" <sarah(c yvsc.orq>,
"jeanna.paluzzi(abcolostate.edu" <jeanna.paluzziCabcolostate.edu>,
"d Pearson 1026(a)hotmail.com" <dpearson1026(dhotmail.com>,
"rmacdonald( ppacg.org" <rmacdonald(aOppacg.orq>,
"kim(abecoactionpartners.org" <kim(aecoactionpartners.orq>,
"lynne(a)highcountryconservation.org" <Iynne(( highcountryconservation.orq>,
"swhite(d)ppacg.org" <swhite(a)ppacg.orq>, "amanda(Wourcore.org"
<amanda(a)fourcore.orq>, "tim.edgar(abcolostate.edu"
<tim.edgar@colostate.edu>, "christine.crouse(a)colostate.edu"
<christine.crouse(abcolostate.edu>, "Kim(a)eaglevalleyalliance.org"
<kim(aeaglevalleyalliance.org>, "kris(abecoactionpartners.org"
<kris(abecoactionpartners.orq>, "jenschenk(d)highcountryconservation org"
<jenschenk(a)highcountryconservation orq>,
"rmorey(abcleanenergyeconomy.net" <rmorey(a)cleanenergyeconomy.net>,
"kathyp(c)ci.grandjct.co.us" <kathyp(a)ci.grandjct.co.us>,
"sarah(a)whizzer.com" <sarah(a)whizzer.com>, "lindsay(a)aspencore.org"
<IindsayCalaspencore.orq>, "glen(cbglenmarciniak.com"
<glen(dglenmarciniak.com>, "maya(abresourceefficiency.org"
<maya(dresourceefficiency.orq>, "blasi.brian(a)gmail.com"
<blasi.brian(abgmail.com>, "bchristianse(abchaffeecounty.org"
<bchristianse(a chaffeecounty.orq>, "michael.kirk.rem pc(abgmail.com"
<michael.kirk.rempc(abgmail.com>, "mona(a)aspencore.org"
<mona0aspencore.orq>, "dennis.kaan(a)colostate.edu"
<dennis.kaan(d)colostate.edu>, "irene.shonle(a colostate.edu"
<irene.shonle( colostate.edu>, Anna Zawisza
<azawisza(a)sustainablecolorado.orq>, "joani.matranga(a)state.co.us"
<joani.matranga(abstate.co.us>, "cameron.garcia(abmesacounty.us"
<cameron.garcia(abmesacounty.us>, "michael.kirk(cbregionalenergympc.com"
<michael.kirk(a)regionalenergympc.com>, Julie North
<j north(absustainablecolorado.org>, "ahlaird(a)cleanenergyeconomy.net"
<ahlaird(a)cleanenergyeconomy.net>, "teresa(abfourcore.org"
<teresa(&fourcore.orq>, "twhitmore(a)dreog.org" <twhitmore0)dreog.org>,
"amelia(cbaspencore.org" <amelia(a)aspencore.org>, "gregg(a)fourcore.org"
<greggCabfourcore.orq>, "kw(a)incite-consulting.com"
<kw(a)incite-consultina.com>, "abbie(abforealliance.org"
<abbie(@forealliance.orq>, "brent(cbuppersouthplatte.org"
<brent(cbuppersouthplatte.orq>, "jasonCabaspencore.org"
<jason(cbaspencore.orq>, "carl(a)shadowcliff.org" <carl0bshadowcliff.orq>,
"rmuzzy(abppacg.orq" <rmuzzv(a)ppacg.orq>
Hello Collaborative -
We have committed to supporting a small group of citizens here in Grand County in their efforts
to instate a Reusable Bag Fee Ordinance in the towns of Winter Park & Fraser. We were wondering
2
if any of you have been involved with similar ordinances and might be able to offer some advice
or help.
We are looking for:
1. Strategy advice
2. Copies of similar ordinances
3. Positive testimonials
If you might be able to help out, we would be grateful.
Sincerely,
Tim
Timothy H.J. Hodsdon
President,Board of Directors
Error! Filename not specified.
PO Box 1955
Granby,CO 80446
infinitewest.ora
infinitewest(&Iive.com
Timothy H.J. Hodsdon
Preside�of Directors
PO Box 1955
Granby,CO 80446
infinitewest.org
i nfi n itewest(a I ive.com
3
Lu Berger
From: Lu Berger
Sent: Monday,July 15, 2013 7:59 AM
To: Steve Sumrall
Subject: RE: Bag Legislation Toolkit
I had the same thought Steve, that the packet looked a little bias, and ran it by Jeff, but since we did not have
anything at the time the packet went out we put in what we have. I will talk to him when he gets in and see if he
wants to forward to the Board the links you supplied. Thanks.
Lu Berger
Town Clerk
Town of Fraser
From: intgrtsOlcl-com [mailto:intgrtsv(aq.com]
Sent: Sunday, July 14, 2013 11:14 AM
To: Lu Berger
Subject: Re: Bag Legislation Toolkit
Lu,
If we are going to supply the board with the anti plastic bag propaganda, shouldn't we in fairness acknowledge
there is another point of view and perhaps even suggest that the board review the other sides propaganda?
http://savetheplasticbag.com/ or http://junkscience.com/category/plastics/
From: "Lu Berger" <lberger�town.fraser.co.us>
To: "Adam Cwiklin" <adamcwik2hotmail.com>, "Cheri Sanders" <cherisanders2hotmail.com>, "Eileen
Waldow" <eileenwaldowggmail.com>, "Philip Naill" <phili�&o2creative.com>, "Smith Peggy"
<psmith winterparkresort.com>, "Steve Sumrall" <int rtsv u,q.com>, "Vesta Shapiro" <Vesta.S cr,gmx.com>
Cc: "Jeff Durbin" <idurbinC(�town.fraser.co.us>
Sent: Friday, July 12, 2013 9:05:48 AM
Subject: FW: Bag Legislation Toolkit
Eileen, Here are the emails from the Board packet. Hopefully you will be able to view them.
Lu Berger
Town Clerk
Town of Fraser
From: Infinite West [mailto:president(a)infinitewest.ora]
Sent: Monday, July 08, 2013 1:43 PM
To: Catherine Trotter
Subject: Bag Legislation Toolkit
Hi Catherine-
I have heard through the grapevine that you are in the process of crafting possible legislation for a plastic bag
fee to be implemented in Fraser, upon voter approval.
First, I wanted to express strong support for this measure from the Board of Directors of Infinite West. As you
1
know, Infinite West owes its very existence to funds raised from a very successful campaign to limit plastic bag
use in our communities in 2009. That campaign showed us that there is political will in our communities to do
something about the environmental threat of plastic bags.
We have had discussions with Lindsey England and Sudi Newcomer regarding this measure, and believe it is a
great first step toward getting non-biodegradable single-use plastic bags out of our landfills, environment and
food supplies. We also think that such a measure would help Fraser stand apart as a progressive champion of the
environment that is so crucial to all of our livelihoods here in Grand County.
Second, I wanted to forward information we have been gleaning from fellow members of the Colorado
Sustainability Collaborative who have offered to help with such a measure in our communities. Their
experiebnce may be helpful to you in this endeavor. I will follow this with additional emails and more links and
connections, if that is all right with you.
Below is a link to a legislation toolkit...more to follow! Please let us know if Infinite West can be of any further
assistance in the realization of this very important piece of local legislation.
Sincerely,
Tim Hodsdon
http://www.bagitmovie.com/downloads/bagittown toolkitpdf
Timothy H.J. Hodsdon
President,Board of Directors
II
PO Box 1955
Granby,CO 80446
infinitewest.ora
infi nitewest(cOlive.com
z
1115AMr(tv TtAmzo t061irolo C9>W11XF--
1
FOR SECOND READING-APRIL 9
2 Opw VA C,-7r- seeet*-Sa F-��
3 AS REVISED BEFORE WORKSESSPOIN
4
5 COUNCIL BILL NO. 5
6
7 Series 2013
8
9 AN ORDINANCE ADOPTING CHAPTER 12 OF TITLE 5 OF THE BRECKENRIDGE
10 TOWN CODE;ESTABLISHING A "DISPOSABLE BAG FEE"; PROVIDING FOR THE
11 PAYMENT AND COLLECTION OF SUCH FEE; AND PROVIDING OTHER DETAILS
12 RELATED TO THE DISPOSABLE BAG FEE
13
14 BE IT ORDAINED BY'THE'TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE,
15 COLORADO:
16
17 Section 1. 'Title 5 of the Breckenridge Town Code is amended by the addition of a new
18 Chapter 12, to be entitled"Disposable Bag Fee", which shall read in its entirety as follows:
19
20 CHAPTER 12
21
22 DISPOSABLE BAG FEE
23
24 SECTION:
25
26 5-12-1: Short Title
27 5-12-2: Authority
28 5-12-3: Intent
29 5-12-4: Purpose
30 5-12-5: Legislative Findings
31 5-12-6: Definitions
32 5-12-7: Disposable Bag Fee Established
33 5-12-8: Disposable Bag Fee Requirements
34 5-12-9: Retention,Remittance, and Transfer of the Disposable Bag Fee
35 5-12-10: Required Signage
36 5-12-11: Exemption
37 5-12-12: Audits and Collection of the Disposable Bag Fee
38 5-12-13: Hearings
39 5-12-14: Penalties
40
41 5-12-1: SHORT TITLE: This Chapter is to be known and may be cited as the "Town Of
42 Breckenridge Disposable Bag Fee Ordinance."
DISPOSABLE BAG FEE ORDINANCE
Page 1
Y
„ r
"A
T1 <Zl
1
2 5-12-2: AUTHORITY`. This Chapter is adopted by the Town Council pursuant to the following
3 authority: 4 w. .
4 w
5 A. Section 31-15-103,C.R.S. (concerning municipal police powers).
6 B. The authority granted to home rule municipalities by Article XX of the Colorado
7 Constitution.
8 C. The powers contained in the Breckenridge Town Charter.
9 5-12-3: INTENT:
10
11 A. The Disposable Bag Fee adopted by this Chapter is necessary to address the
12 environmental problems associated with Disposable Bags and to relieve Town
13 taxpayers of the costs imposed upon the Town associated with the use of
14 Disposable Bags. The Town Council intends that the requirements of this
15 Chapter will assist in offsetting the costs associated with using Disposable Bags
16 by paying for the mitigation, educational,replacement, and administrative efforts
17 of the Town.
18 B. The Disposable Bag Fee established by this Chapter is not designed to raise
19 revenues to defray the general expenses of Town government, but rather is a
20 charge imposed for the purpose of defraying the cost of the particular Town
21 services and programs described in this Chapter.
22 5-12-4: PURPOSE: It is the purpose of this Chapter to protect the public health, safety, and
23 welfare, and to implement both the Town's SustainableBreck Plan and the Town's
24 Comprehensive Plan.
25
26 5-12-5: LEGISLATIVE FINDINGS: The Town Council finds and determines as follows:
27
28 A. The use of all disposable shopping bags (plastic and paper)has significant
29 environmental impacts on a local and global scale, including greenhouse gas
30 emissions, litter, harm to wildlife, water consumption, and solid waste
31 generation.
32 B. After several years of public involvement the Town Council adopted the
33 "SustainableBreck Plan"in 2011, which sets forth a series of sustainability
34 initiatives that the Town should undertake. One such initiative is to"(e)ncourage
35 reduction in the use of Disposable Bags."
36 C. Despite recycling and voluntary efforts to control pollution from Disposable
37 Bags, relatively few Disposable Bags are recycled, and these bags last decades in
38 the landfill or end up as litter.
DISPOSABLE BAG FEE ORDINANCE
Page 2
4
C
I D. Numerous studies have documented the prevalence of Disposable Bags littering
2 the environment, blocking storm drains, and endangering wildlife.
3 E. Approximately two billion Disposable Bags are used annually in Colorado,but
4 less than five percent are recycled.
5 F The best alternative to Disposable Bags is to shift to Reusable Bags for shopping.
6 G. The Town Council aims to conserve resources, reduce greenhouse gas emissions,
7 waste, and litter, and to protect the public health, safety, and welfare, including
8 wildlife,all of which increase the quality of life for the Town's residents and
9 visitors.
10 H. Studies document that charging a mandatory fee on Disposable Bags can
11 dramatically reduce the use of these bags.
12 I. The Town of Breckenridge believes that residents and visitors should use
13 Reusable Bags and that a fee on the distribution of Disposable Bags is
14 appropriate to dissuade the use of Disposable Bags and fund the Town's efforts
15 to educate residents, businesses, and visitors about the impact of Disposable
16 Bags on the regional environmental health and to fund the use of Reusable Bags,
17 Town cleanup events, and infrastructure and programs that reduce waste in the
18 community.
19 J. Based on the information that has been provided to the Town Council by the
20 Town staff,the Disposable Bag Fee imposed by this Chapter bears a reasonable
21 relationship to the anticipated cost of providing the Town programs and services
22 described in this Chapter.
23 5-12-6: DEFINITIONS: As used in this Chapter,the following words shall have the following
24 meanings. Where terms are not defined,they shall have their ordinarily accepted meanings
25 within the context that they are used.
26
CUSTOMER: Any person who makes a retail purchase from
a Retail Store.
DISPOSABLE BAG: Except as provided in Section 5-12-11, any
bag, other than a Reusable Bag,that is
provided to a customer by a retailer at the point
of sale for the purpose of transporting goods.
DISPOSABLE BAG FEE: The Town fee imposed by this Chapter that is
required to be paid by each consumer making a
purchase from a Retail Store for each
Disposable Bag used during the purchase,and
DISPOSABLE BAG FEE ORDINANCE
Page 3
imposed for the purpose of mitigating the
impacts of Disposable Bags.
DISPOSABLE BAG FEE PUBLIC A program to be put in place by the Town to
OUTREACH PLAN: raise awareness and educate both residents and
visitors on the Disposable Bag Fee. The
program shall at a minimum include: the
development of informational signage for all
Retail Stores;;informational sessions and
communications with Retail Stores to explain
the Disposable Bag Fee and the Retail Store's
obligations; and the production of a
"Breckenridge Reusable Bag" and distribution
of such bags to lodging companies and Retail
Stores.
FINANCIAL SERVICES MANAGER: The Financial Services Manager of the Town,
or such person's designee.
RETAIL STORE: Any public commercial business engaged in
the sale of personal consumer goods,
household items, or groceries to customers
who use or consume such items.
"Retail Store" does not include temporary
vendors at farmer's markets or other temporary
events; or restaurants or other businesses (e.g.
service providers such as salons and spas)
where retail sales are clearly secondary and
incidental to the primary activity occurring
within the business.
REUSABLE BAG: A lap stic bag that is at least 2.25 mil thick or a
bag made of canvas, woven polypropylene, or
similar types of durable materials.
1
2 5-12-7: DISPOSABLE BAG FEE ESTABLISHED: For each Disposable Bag provided to a
3 customer, each Retail Store shall collect from customers, and customers shall pay, at the time of
4 purchase a Disposable Bag Fee of$0.10. The Disposable Bag Fee shall be remitted by the Retail
5 Store to the Town in accordance with Section 5-12-9 of this Chapter. The Town Council may
6 annually evaluate and change by resolution the amount of the Disposable Bag Fee the amount of
7 the Retained Percent, or both the amount of the Disposable Bag Fee and the amount of the
8 Retained Percent.
DISPOSABLE BAG FEE ORDINANCE
Page 4
1
2 5-12-8: DISPOSABLE BAG FEE REQUIREMENTS.
3
4 A. Retail Stores shall record the number of Disposable Bags provided and the total
5 amount of Disposable Bag Fees charged on the customer transaction receipt as a
6 separate and distinct item.
7 B. A Retail Store shall not refund to the customer any part of the Disposable Bag
8 Fee, either directly or indirectly, nor shall the Retail Store advertise or state to
9 customers that any part of the Disposable Bag Fee will be refunded to the
10 customer.
11 C. A Retail Store shall not exempt any customer from any part of the Disposable
12 Bag Fee for any reason except as stated in Section 5-12-11.
13 5-12-9: RETENTION,REMITTANCE, AND TRANSFER OF THE DISPOSABLE BAG FEE:
14
15 A. A Retail Store may retain 50 percent of each Disposable Bag Fee collected,
16 which is the "Retained Percent.-", up to a maximum amount of$1,000 per month
17 within the first 12 months of the effective date of this ordinance and $100 per
18 month maximum for all months thereafter.
19 B. The Retained Percent may only be used by the Retail Store to:
20 1. Provide educational information about the Disposable Bag Fee to
21 customers;
22 2. Provide the signage required by Section 5-12-10, "Required Signage";
23 3. Train staff in the implementation and administration of the fee;
24 4. Improve or alter infrastructure to allow for the implementation,
25 collection, administration of the fee;
26 5. Collect, account for, and remit the fee to the Town;
27 6. Develop and display informational signage to inform consumers about
28 the fee
29 7. Encourage the use of Reusable Bags or promote recycling of phislie
30 disposable bags; and
31 8. Improve infrastructure to increase disposable bag recycling.
DISPOSABLE BAG FEE ORDINANCE
Page 5
1 C. The
2 isposable Bag Fee shall be exempt from the Town of
3 Breckenridge sales tax.
4 D. The amount of the Disposable Bag Fee collected by a Retail Store in excess of
5 the Retained Percent shall be paid to the Town and shall be used only as set forth
6 in Subsection G to mitigate the effects of Disposable Bags in Breckenridge.
7 E. Every Retail Store providing Disposable Bags subject to the Disposable Bag Fee
8 shall be liable and responsible for the payment of the amount outlined in
9 Subsection D. above to Town, and shall file a report each month on forms
10 prescribed by the Financial Services Manager before the twentieth day of each
11 month A +1, T
.suuaa
the ,-vm shall
12 eelleet all I lispos" 'be T-- —,--;A—+1—
13
I— Tem. j_iff.-dpff-+'I- e- emn,phianee with-the
14 EMS
. I r-dinanee.
15 1 All sums of money collected by Retail Stores for the Disposable Bag Fee
16 imposed by this chapter minus the"Retained Percent'' are intended
17 exclusively for use as outlined in Subsection G. Each Retail Store
18 required to collect and remit the Disposable Bag Fee shall hold such
19 monies in trust until paying them to the ffown.
20 F. The Disposable Bag Fee shall be administered by the Financial Services
21 Manager. The Financial Services Manager is authorized to adopt administrative
22 rules pursuant to Chapter 18 of Title I of this Code to implement this Chapter,
23 prescribe forms and provide methods of payment and collection, and otherwise
24 implement requirements of this Chapter.
25 G. Funds from the Disposable Bag Fee paid to the Town shall be used only for the
26 expenditures that are intended to mitigate the effects of Disposable Bags,
27 including without limitation the following:
28 1. Administrative costs associated with developing and implementing the
29 Disposable Bag Fee.
30 2. Activities of the Town to:
31 a. Provide Reusable Bags to residents and visitors;
32 b. Educate residents,businesses, and visitors about the impact of
33 Disposable Bags on the Town's environmental health, the
34 importance of reducing the number of Disposable Bags entering
35 the waste stream, and the impacts of Disposable Bags on wildlife
36 and the environment;
DISPOSABLE BAG FEE ORDINANCE
Page 6
I C. Fund programs and infrastructure that allow the Breckenridge
2 community to reduce waste associated with Disposable Bags;
3 d. Purchase and install equipment designed to minimize bag
4 pollution, including, recycling containers,and waste receptacles
5 associated with Disposable Bags;
6 e. Fund community cleanup events and other activities that reduce
7 litter associated with Disposable Bags;
8 f. Maintain a public website that educates residents on the progress
9 of waste reduction efforts associated with Disposable Bags; and
10 g. Fund the administration of the Disposable Bag Fee program.
11 H. No Disposable Bag Fees collected in accordance with this Chapter shall be used
12 only for general municipal or governmental purposes or spending.
13 I. Disposable Bag Fees collected in accordance with this Chapter shall be
14 continually available for the uses and purposes set forth in subsection(g) of this
15 section without regard to fiscal year limitation. No Disposable Bag Fee funds
16 shall be used for any purpose not authorized in this Chapter.
17 5-12-10: REQUIRED SIGNAGE: Every retail store required to collect the Disposable Bag fee
18 shall Display a sign in a location outside or inside of the store,viewable by customers, alerting
19 customers to the Town of Breckenridge's Disposable Bag Fee.
20
21 5-12-11: EXEMPTION: The Disposable Bag Fee unposed by this Chapter does not apply to:
22
23 A. A bag brought into a Retail Store by a customer and used to transport goods from
24 the Retail Store.
25 B. A bag that was previously used and made available to customers at a Retail
26 Store.
27 :~."._„A bag provided to a customer at no charge if the customer provides evidence that
28 he or she is a participant in a federal or state Food Assistance Program.
29 I ”: ,rt_j3ags used by consumers inside Retail Stores to:
30 a. Package bulk items, such as fruit, vegetables, nuts, grains, candy
31 or small hardware items like nails, nuts, and screws;
32 b. Contain or wrap frozen or fresh foods, meat, or fish;
DISPOSABLE BAG FEE ORDINANCE
Page 7
1 C. Contain or wrap flowers, potted plants, or other items where
2 dampness may be a problem; and
3 d. Contain unwrapped prepared foods or bakery goods;
4 ( : � _._.A non-handled bag used to protect purchased items from damaging or
5 contaminating other purchased items when placed in a Disposable Bag or a
6 Reusable Bag.
7 -. __Bags used for loose small retail items, including,but not limited to,jewelry,
8 buttons,beads, ribbon, herbs and spices,medical marijuana or adult-use
9 marijuana if sold by the holder of a permit issued pursuant to applicable law, and
10 similar items.
11 ' s Bags provided by pharmacists to contain prescription drugs.
12 C",,4 [,-Newspaper bags, door-hanger bags, laundry-dry cleaning and garment bags, and
13 bags sold in packages containing multiple bags for uses such as food storage,
14 garbage, pet waste, or yard waste.
15 5-12-12: AUDITS AND COLLECTION OF THE DISPOSABLE BAG FEE:
16
17 A. Each Retail Store shall maintain accurate and complete records of the Disposable
18 Bag Fees collected, the number of Disposable Bags provided to customers,the
19 form and recipients of any notice required pursuant to this Chapter, and any
20 underlying records, including any books, accounts, invoices, or other records
21 necessary to verify the accuracy and completeness of such records. It shall be the
22 duty of each Retail Store to keep and preserve all such documents and records,
23 including any electronic information, for a period of three years from the end of
24 the calendar year of such records.
25 B. If requested, each Retail Store shall make its records available for audit by the
26 Financial Services Manager during regular business hours for the Town to verify
27 compliance with the provisions of this Chapter. All such information shall be
28 treated as confidential commercial documents.
29 C. If any person fails, neglects, or refuses to collect or pay the Disposable Bag Fee,
30 or underpays the Disposable Bag Fee, the Financial Services Manager shall make
31 an estimate of the fees due,based on available information, and shall add thereto
32 penalties, interest, and any additions to the fees. The Financial Services Manager
33 shall serve upon the delinquent Retail Store personally,by electronic mail or by
34 first class mail directed to the last address of the Retail Store on file with the
35 Town, written notice of such estimated fees, penalties, and interest, constituting a
36 Notice of Final Determination, Assessment, and Demand for Payment, (also
37 referred to as "Notice of Final Determination") due and payable within 2-9-30
DISPOSABLE BAG FEE ORDINANCE
Page 8
I calendar days after the date of the notice. The Retail Store may request a hearing
2 on the assessment as provided in Section 5-12-13 of this Chapter.
3 D. If payment of any amount of the Disposable Bag Fee due to the Town is not
4 received on or before the applicable due date, penalty and interest charges shall
5 be added to the amount due in the amount of-
6 1. A penalty of ten percent of total due;
7 2. Interest charge of one percent of total penalty per month.
8 5-12-13: HEARINGS:
9
10 A. A Retail Store may request a hearing on any proposed fee imposed under this
11 Chapter after receiving a Notice of Final Determination,by filing a written
12 request for hearing within 220-30 calendar days of the date of mailing of the
13 Notice of Final Determination. The request for hearing shall set forth the reasons
14 for and amount of changes in the Notice of Final Determination that the Retail
15 Store seeks and such other information as the Financial Services Manager may
16 prescribe.
17 B. The Financial Services Manager shall conduct the hearing under the procedures
18 prescribed by Chapter 19 of Title 1 of this Code , except that the Financial
19 Services Manager shall notify the Retail Store in writing of the time and place of
20 the hearing at least ten days before it is scheduled, unless the Retail Store agrees
21 to a shorter time. The hearing shall be held within 60 days of the date of receipt
22 of the request for a hearing, unless the Retail Store agrees to a later date.
23 5-12-14: PENALTIES:
24
25 A. It is unlawful for any person to violate any provision of this Chapter.
26 B. The first or second violation of this Chapter within two years,based on the date
27 of the violation, shall be an infraction. Every person found liable for such a
28 violation shall be punished as provided in Section 1-4-1-1 of this Code;
29 provided, however,the maximum penalty for each such violation shall be a fine
30 of$500.00.
31 C. A third and each subsequent violation of this Chapter within two years, based on
32 the date of violation, shall be a misdemeanor offense. Any person convicted of
33 such a violation shall be punished as provided in Chapter 4 of Title 1 of this
34 Code.
DISPOSABLE BAG FEE ORDINANCE
Page 9
I Section 2. The Financial Services Manager shall develop and implement the
2 administrative and financial processes for the collection of the Disposable Bag Fee imposed by
3 this ordinance.
4
5 Section 3. Except as specifically amended hereby,the Breckenridge Town Code, and the
6 various secondary codes adopted by reference therein, shall continue in full force and effect.
7
8 Section 4. The Town Council finds,determines and declares that this ordinance is
9 necessary and proper to provide for the safety, preserve the health, promote the prosperity, and
10 improve the order, comfort and convenience of the Town of Breckenridge and the inhabitants
11 thereof.
12
13 Section 5. This ordinance shall be published and become effective October 1, 2013,
14 provided, however,that the Disposable Bag Public Outreach Plan has been approved by the
15 Town Council and implemented not later than October 1, 2013. If the Disposable Bag Public
16 Outreach Plan has not been approved and implemented prior to October 1, 2013,then the
17 collection of the Disposable Bag Fee and required store signage provisions of this ordinance
18 shall not take effect until the Town Manager certifies that Disposable Bag Public Outreach Plan
19 has been approved and implemented by the Town.-
20
21 evaluate the et 41 5
22
23 Qottq .
24
25
26 INTRODUCED,READ ON FIRST READING, APPROVED AND ORDERED
27 PUBLISHED IN FULL this day of , 2013. A Public Hearing shall be held at the
28 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the day of
29 , 2013, at 7:30 P.M., or as soon thereafter as possible in the Municipal Building of the
30 Town.
31
32 TOWN OF BRECKENRIDGE, a Colorado
33 municipal corporation
34
35
36
37 By
38 John G. Warner, Mayor
39
40 ATTEST:
41
42
43
44
DISPOSABLE BAG FEE ORDINANCE
Page 10
I I Helen Cospolie
2 Town Clerk
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
DISPOSABLE BAG FEE ORDINANCE
Page 11
Infinite West Inc.Mail- [Infinite West]PLASTIC BAG FEE LETTER OF... https://tiail.google.com/mail/u/0/?ui=2&ik=94dl52d202&view=pt&sear...
G- M
Infinite West <president@infinitewest.org>
[Infinite West] PLASTIC BAG FEE LETTER OF PETITION
15 messages
Roger Hedlund <donotreply @wordpress.com> Mon, Jul 15, 2013 at 11:07 AM
Reply-To: Roger Hedlund <president @infinitewest.org>
To: president @infinitewest.org
Name: Roger Hedlund
Zip Code: 80478
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): roger80478 @gmaii.com
Comments:
Time: July 15, 2013 at 11:07 am
P Address: 173.160.58.221
Contact Form URL: http://infinitewest.wordpress.com/
Sent by an unverified visitor to your site.
Amanda Wiebush <donotreply @wordpress.com> Mon, Jul 15, 2013 at 11:08 AM
Reply-To: Amanda Wiebush<president @infinitewest.org>
To: president @infinitewest.org
Name: Amanda Wiebush
Zip Code: 97402
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): awiebush@gmail.com
Comments: As a former Grand County resident, I fully support a plastic bag fee as an important tool not only in
protecting the Fraser Valley's ecosystem, but also as a revenue generating source for local organizations and
schools to maintain a vibrant community and strong economy.
Time: July 15, 2013 at 11:08 am
I Address: 71.220.233.40
[Quoted text hidden]
Casey Malon <donotreply @wordpress.com> Mon, Jul 15, 2013 at 11:31 AM
Reply-To: Casey Malon<president @infinitewest.org>
To: president @infinitewest.org
Name: Casey Malon
Zip Code: 80478
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional) caseymalon @yahoo.com
Comments:
Time: July 15, 2013 at 11:31 am
I P Address: 69.10.152.43
[Quoted text hidden]
1 of 5 7/17/13 09:52 AM
Infinite West Inc.Mail-[Infinite West] PLASTIC BAG FEE LETTER OF.. htq)s://mail.google.com/mail/u/0/'�ui=2&ik--94dl52d2O2&view=pt&sear..
Marie Hedrick<donotreply@wordpress.com> Mon, Jul 15, 2013 at 11:39 AM
Reply-To: Marie Hedrick<president@infinitewest.org>
To: president@infinitewest.org
Name: Marie Hedrick
Zip Code: 80442
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Email (optional): dancingriver99@gmail.com
Comments: Thank you, thank you, thank you for doing this. I'll spread the word!
Time: July 15, 2013 at 11:39 am
IP Address: 24.9.48.190
[Quoted text hidden]
Alicia Moon <donotreply@wordpress.com> Mon, Jul 15, 2013 at 11:47 AM
Reply-To: Alicia Moon <president@infinitewest.org>
To: president@infinitewest.org
Name: Alicia Moon
Zip Code: 80446
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 15, 2013 at 11:47 am
I P Address: 72.37.244.52
[Quoted text hidden]
Anna P<donotreply@wordpress.com> Mon, Jul 15, 2013 at 12:14 PM
Reply-To: Anna P<president@infinitewest.org>
To: president@infinitewest.org
Name: Anna P
Zip Code: 97401
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 15, 2013 at 12:14 pm
IP Address: 76.115.148.19
[Quoted text hidden]
Jean Wolter<donotreply@wordpress.com> Mon, Jul 15, 2013 at 4:44 PM
Reply-To: Jean Wolter <president@inf initew est.org>
To: president@infinitewest.org
Name: Jean Wolter
Zip Code: 80442
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments: I'd rather see plastic bags banned but a fee would be a step in the right direction.
Time: July 15, 2013 at 4:44 pm
I P Address: 206.8&145.76
[Quoted text hidden]
2 of 5 7/17/13 09:52 AM
Infinite West Inc.Mail- [Infinite West] PLASTIC BAG FEE LETTER OF... https://mail.google.com/mail/u/0/?ui=2&ik=94dl52d202&view=pt&sear...
Cindy Kleh <donotreply @wordpress.com> Mon, Jul 15, 2013 at 6:39 PM
Reply-To: Cindy Kleh<president @infinitewest.org>
To: president @infinitewest.org
Name: Cindy Kleh
Zip Code: 80447
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): ckieh63193 @aol.com
Comments:
Time: July 15, 2013 at 6:39 pm
IP Address: 76.120.12.218
[Quoted text hidden]
Greg McFadden <donotreply@wordpress.com> Mon, Jul 15, 2013 at 7:08 PM
Reply-To: Greg McFadden<president @infinitewest.org>
To: president @infinitewest.org
Name: Greg McFadden
Zip Code: 80442
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 15, 2013 at 7:08 pm
IP Address: 174.253.176.132
[Quoted text hidden]
Kate Chasson <donotreply @wordpress.com> Mon, Jul 15, 2013 at 7:29 PM
Reply-To: Kate Chasson<president @infinitewest.org>
To: president @infinitewest.org
Name: Kate Chasson
Zip Code: 80442
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 15, 2013 at 7:29 pm
IP Address: 174.236.0.244
[Quoted text hidden]
Jenny Beltman <donotreply @wordpress.com> Mon, Jul 15, 2013 at 8:30 PM
Reply-To: Jenny Beltman<president @infinitewest.org>
To: president @infinitewest.org
Name: Jenny Beltman
Zip Code: 80442
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website. ;
Yes
Email (optional): jennybwp @yahoo.com
Comments:
Time: July 15, 2013 at 8:30 pm
3 of 5 7/17/13 09:52 AM
Infinite West Inc.Mail- [Infinite West]PLASTIC BAG FEE LETTER OF... https://mail.google.con Vmail/u/0/?ui=2&ik=94dl52d202&view=pt&sear...
IP Address: 24.9.107.187
[Quoted text hidden]
Laura Hagar<donotreply @wordpress.com> Tue, Jul 16, 2013 at 8:12 AM
Reply-To: Laura Hagar <president @infinitewest.org>
To: president @infinitewest.org
Name: Laura Hagar
Zip Code: 80451
1 Support a $.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): Imhagar @yahoo.com
Comments:
Time: July 16, 2013 at 8:12 am
IP Address: 75.220.32.231
[Quoted text hidden]
Reid Bruggemann <donotreply @wordpress.com> Tue, Jul 16, 2013 at 9:18 AM
Reply-To: Reid Bruggemann<president @infinitewest.org>
To: president @infinitewest.org
Name: Reid Bruggemann
Zip Code: 80478
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 16, 2013 at 9:18 am
IP Address: 67.130.166.151
[Quoted text hidden]
Monica Anderson <donotreply @wordpress.com> Tue, Jul 16, 2013 at 9:44 AM
Reply-To: Monica Anderson<president @infinitewest.org>
To: president @infinitewest.org
Name: Monica Anderson
Zip Code: 80482
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 16, 2013 at 9:44 am
IP Address: 24.8.250.111
[Quoted text hidden]
Tallie Gray<donotreply @wordpress.com> Tue, Jul 16,2013 at 6:35 PM
Reply-To: Tallie Gray<president @infinitewest.org>
To: president @infinitewest.org
Name: Tallie Gray
Zip Code: 80446
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
4 of 5 7/17/13 09:52 AM
Infinite West Inc.Mail- [Infinite West]PLASTIC BAG FEE LETTER OF.. https://mail.google.com/niail/u/0/?ui=2&ik--94dl52d2O2&view=pt&sear..
Email (optional): talfiegrayPgmail.com
Comments: YES!!!
Time: July 16, 2013 at 6:35 pm
I P Address: 24.9.107.62
[Quoted text hidden]
5 of 5 7/17/13 09:52 AM
Infinite West Inc.Mail-[Infinite West]PLASTIC BAG FEE LETTER OF.. https://rmil.google.con Vmail/tV0/?ui=2&ik=94dl52d2O2&view=pt&cat=...
Moil Infinite West < resident @infinitewest.org>
[infinite West] PLASTIC BAG FEE LETTER OF PETITION
6 messages
Leigh Nelson <donotreply @wordpress.com> Mon, Jul 15, 2013 at 10:22 AM
Reply-To: Leigh Nelson<president @infinitewest.org>
To: president @infinitewest.org
Name: Leigh Nelson
Zip Code: 80482
[ Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): leigh@fraservalleyrec.org
Comments:
Time: July 15, 2013 at 10:22 am
IP Address: 23.24.154.121
Contact Form URL: http://infinitewest.wordpress.com/
Sent by an unverified visitor to your site.
Mark Adamczyk<donotreply @wordpress.com> Mon, Jul 15, 2013 at 10:26 AM
Reply-To: Mark Adamczyk<president@infinitewest.org>
To: president @infinitewest.org
Name: Mark Adamczyk
Zip Code: 80442
I Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): mfadamczyk@gmail.com
Comments:
Time: July 15, 2013 at 10:26 am
IP Address: 72.37.244.52
[Quoted text hidden]
Kristine Meyer<donotreply @wordpress.com> Mon, Jul 15, 2013 at 10:32 AM
Reply-To: Kristine Meyer <president @infinitewest.org>
To: president @infinitewest.org
Name: Kristine Meyer
Zip Code: 80482
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 15, 2013 at 10:32 am
IP Address: 66.110.176.170
[Quoted text hidden]
Carl Sniffen <donotreply @wordpress.com> Mon, Jul 15, 2013 at 10:32 AM
1 of 2 7/17/13 09:54 AM
Infinite West Inc.Mail-[Infinite West]PLASTIC BAG FEE LETTER OF... https://rmil.google.conV mail/u/0/?ui=2&ik=94dl52d202&view=pt&cat=...
Reply-To: Carl Sniffen<president @infinitewest.org>
To: president @infinitewest.org
Name: Carl Sniffen
Zip Code: 80447
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): cart @shadowcliff.or
Comments: long overdue
Time: July 15, 2013 at 10:32 am
IP Address: 67.130.164.44
[Quoted text hidden]
Michele Murray Hedlund<donotreply @wordpress.com> Mon, Jul 15, 2013 at 10:38 AM
Reply-To: Michele Murray Hedlund <president @infinitewest.org>
To: president @infinitewest.org
Name: Michele Murray Hedlund
Zip Code: 80482
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite Nest website.
Yes
Email (optional): michele80482 @gmail.com
Comments:
Time: July 15, 2013 at 10:38 am
IP Address: 173.160.58.221
[Quoted text hidden]
lisa bornfriend <donotreply @wordpress.com> Mon, Jul 15, 2013 at 10:39 AM
Reply-To: lisa bornfriend<president @infinitewest.org>
To: president @infinitewest.org
Name: lisa bornfriend
Zip Code: 80482
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional):
Comments:
Time: July 15, 2013 at 10:39 am
I P Address: 24.9.49.38
[Quoted text hidden]
2 of 2 7/17/13 09:54 AM
Infinite West Inc.Mail-[Infinite West]PLASTIC BAG FEE LETTER OF... https://mail.google.conVmail/u/0l?ui=2&ik=94dl52d202&view=pt&sear...
G- M 'oil Infinite West <president @infiniteest.org>
[Infinite West] PLASTIC BAG FEE LETTER
4 messages
Karen Gadberry<donotreply @wordpress.com> Wed, Jul 17, 2013 at 8:35 AM
Reply-To: Karen Gadberry<president @infinitewest.org>
To: president @infinitewest.org
Name: Karen Gadberry
Zip Code: 80442
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): kgadberry @intrawest.com
Comments: Let's do this!
Time: July 17, 2013 at 8:35 am
IP Address: 72.37.244.52
Contact Form URL: http://infinitewest.wordpress.com/
Sent by an unverified visitor to your site.
Stacey OBrien <donotreply @wordpress.com> Wed, Jul 17, 2013 at 8:59 AM
Reply-To: Stacey OBrien<president @infinitewest.org>
To: president@infinitewest.org
Name: Stacey OBrien
Zip Code: 80482
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Email (optional):
Comments:
Time: July 17, 2013 at 8:59 am
1 P Address: 71.56.194.64
[Quoted text hidden]
Will Etheridge <donotreply @wordpress.com> Wed, Jul 17, 2013 at 9:55 AM
Reply-To: Will Etheridge <president @infinitewest.org>
To: president @infinitewest.org
Name: Will Etheridge
Zip Code: 80204
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Yes
Email (optional): Wil!cetheeidge @yahoo.com
Comments:
Time: July 17, 2013 at 9:55 am
I P Address: 166.147.88.41
[Quoted text hidden]
Jared Gruhl <donotreply @wordpress.com> Wed, Jul 17, 2013 at 11:35 AM
Reply-To: Jared Gruhl <president @infinitewest.org>
To: president @infinitewest.org
1 of 2 7/17/13 04:24 PM
Infinite West Inc.Mail-[Infinite West]PLASTIC BAG FEE LETTER OF... https://mail.google.con)/nail/u/0/?ui=2&ik=94dl52d202&view=pt&sear...
Name: Jared Gruhl
Zip Code: 80211
1 Support a$.10 fee to be charged for use of Disposable Plastic Bags, as defined on the Infinite West website.
Email (optional):
Comments:
Time: July 17, 2013 at 11:35 am
I P Address: 67.165.240.127
[Quoted text hidden]
2 of 2 7/17/13 04:24 PM
w
Plastic Bag Fee Letter of Petition-
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for .
customer use of Disposable Plastic Bags* at businesses within the town limits. Any revenue
from the adoption of this ordinance has the potential to benefit:
.• Local Businesses: A percentage of this income could be invested in sustainable initiative by
local businesses.
• Community Recycling Programs: Revenue could support community recycling programs.
• Non-Profit Organizations: Access to funds to reinvest in our local environment through
grant program.
• Local Schools: Access funds to enrich environmental education programs &provide
scholarships.
Numerous studies have documented the prevalence of Disposable Bags littering the
environment, blocking storm drains, entering our food stream, and endangering wildlife.
Approximately two billion Disposable Bags are used annually in Colorado,but less
than rive percent are recycled,
Name � ='`Zip Code Email (optional)** `Signature '
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promoting sustainable communities
*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
Plastic Bag Fee:Letter of eiion
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits.
Name Zip Code Email (optional)** Signature
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*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
COD Plastic Bag Fee Letter of Petition
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits. Any revenue
from the adoption of this ordinance has the potential to benefit:
• Local Businesses: A percentage of this income could be invested in sustainable initiative by
local businesses.
• Community Recycling Programs: Revenue could support community recycling programs.
• Non-Profit Organizations: Access to funds to reinvest in our local environment through
grant program. F
• Local Schools: Access funds to enrich environmental education programs & provide
scholarships.
Numerous studies have documented the prevalence of Disposable Bags littering the
environment, blocking storm drains, entering our food stream, and endangering wildlife.
Approximately two billion Disposable Bags are used annually in Colorado, but less
Man rive percent are recycled,
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promoting sustainable communities
*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**if you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
U� Plastic Bag Fee Letter of etiion
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits.
Name Zip Code Email (optional)** Signature
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*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
Plastic Bag Fee Letter of eitio
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits. Any revenue
from the adoption of this ordinance has the potential to benefit:
• Local Businesses: A percentage of this income could be invested in sustainable initiative by
local businesses:
• Community Recycling Programs: Revenue could support community recycling programs.
• Non-Profit Organizations: Access to funds to reinvest in our local environment through
grant program.
• Local Schools: Access funds to enrich environmental education programs & provide
scholarships.
Numerous studies have documented the prevalence of Disposable Bags littering the
environment, blocking storm drains, entering our food stream, and endangering wildlife.
Approximately two billion Disposable Bags are used annually in Colorado, but less
than five percent are recycled,
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promoting sustainable communities
*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
Plastic Bag Fee Letter of Petition
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits.
Name Zip Code Email (oational)** Signature
*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
Plastic Bag Fee Letter of etitio
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits. Any revenue
from the adoption of this ordinance has the potential to benefit:
• Local Businesses: A percentage of this income could be invested in sustainable initiative by
local businesses.
• Community Recycling Programs: Revenue could support community recycling programs.
• Non-Profit Organizations: Access to funds to reinvest in our local environment through
grant program.
• Local Schools: Access funds to enrich environmental education programs & provide
scholarships.
Numerous studies have documented the prevalence of Disposable Bags littering the
environment, blocking storm drains, entering our food stream, and endangering wildlife.
Approximately two billion Disposable Bags are used annually in Colorado, but less
than rive percent are recycled.
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promoting sustainable communities
*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
Plastic Bag Fee Letter of Petition
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits.
Name Zip Code Email o tional ** Si nature
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*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that\is—provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
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Plastic r of Petition
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic Bags* at businesses within the town limits. Any revenue
from the adoption of this ordinance has the potential to benefit:
Local Businesses: A percentage of this income could be invested in sustainable initiative by
local businesses.
• Community Recycling Programs: Revenue could support community recycling programs.
• Non-Profit Organizations: Access to funds to reinvest in our local environment through
grant program.
Local Schools: Access funds to enrich environmental education programs &provide
scholarships.
Numerous studies have documented the prevalence of Disposable Bags littering the
environment, blocking storm drains, entering our food stream, and endangering wildlife.
Approximately two billion Disposable Bags are used annually in Colorado, but less
than rive percent are recycled
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*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
Plastic Petition
We the undersigned call the Town of Fraser to institute an ordinance to require a $.10 fee for
customer use of Disposable Plastic s* at businesses within the town limits.
Name Zip Code Email (optional)** Sic nature
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*Disposable Plastic Bags are defined as any bag,other than a Reusable Bag,that is provided to a customer by a
retailer at the point of sale for the purpose of transporting goods.
**'If you provide your email,we will use it only to update you on local sustainability initiatives&programs,with
emails directly from Infinite West.We will not sell,give away or distribute your email address to any other entities or
persons.
promoting sustainable communities
PO Box 1955 ( Granby, Colorado 1 80446 1 info @infinitewest.org
7/16/2013
Dear Members of the Town of Fraser Board of Trustees:
I am writing on behalf of the Board of Directors of Infinite West in favor of an ordinance
to enact a fee for the use of Disposable Plastic Bags in businesses within Fraser Town
Limits. Infinite West owes its existence to funds raised from a very successful campaign
to limit plastic bag use in our communities in 2009. That campaign showed us that there
is political will in our communities to do something about the environmental threat of
plastic bags. Significant studies have shown that the plastic from these bags will not bio-
degrade, and eventually even enter our food chain.
Plastic bags pose significant threats to the environment, and to public health, while at
the same time create potential for littering. The Wall Street Journal reports that the US
goes through about 100 billion disposable plastic bags every year. Of those, Colorado is
responsible for over 2 billion. Fewer than 5% of these are currently being recycled. We
believe that efforts should be increased to both discourage the use of disposable
plastic bags,while raising awareness and opportunities for recycling bags that are
used.
Ironically, re-useable plastic-based bags can pose significant environmental problems if
they aren't actually used,says the Wall Street Journal. We believe a Disposable Bag Fee
Ordinance will help encourage the use of re-useable bags,while discouraging the use
of disposable bags.
Our recent initiatives to promote local Green Micro-business through the production of
sustainable products with local artisans could benefit from such legislation. Greater use
of re-useable bags could provide a greater market for responsibly & locally made re-
useable bags.
We urge you to allow Fraser citizens to decide whether the use of disposable plastic
bags should incur a fee within the Town limits of Fraser, Colorado. Please put a well-
though-out and responsibly crafted ordinance for a Disposable Plastic Bag Fee on the
November 2013 ballot.
Sincerely,
Infinite West Board of Directors
From the Infinite West Board of Directors
Dear Members of the Town of Fraser Board of Trustees:
I am writing on behalf of the Board of Directors of Infinite West in favor of an ordinance to
enact a fee for the use of Disposable Plastic Bags in businesses within Fraser Town Limits.
Infinite West owes its existence to funds raised from a very successful campaign to limit plastic
bag use in our communities in 2009. That campaign showed us that there is political will in our
communities to do something about the environmental threat of plastic bags. Significant studies
have shown that the plastic from these bags will not bio-degrade, and eventually even enter our
food chain.
Plastic bags pose significant threats to the environment, and to public health, while at the same
time create potential for littering. The Wall Street Journal reports that the US goes through about
100 billion disposable plastic bags every year. Of those, Colorado is responsible for over 2
billion. Fewer than 5% of these are currently being recycled. We believe that efforts should be
increased to both discourage the use of disposable plastic bags, while raising awareness and
opportunities for recycling bags that are used.
Ironically, re-useable plastic-based bags can pose significant environmental problems if they
aren't actually used, says the Wall Street Journal. We believe a Disposable Bag Fee Ordinance
will help encourage the use of re-useable bags, while discouraging the use of disposable bags.
Our recent initiatives to promote local Green Micro-business through the production of
sustainable products with local artisans could benefit from such legislation. Greater use of re-
useable bags could provide a greater market for responsibly & locally made re-useable bags.
We urge you to allow Fraser citizens to decide whether the use of disposable plastic bags should
incur a fee within the Town limits of Fraser, Colorado. Please put a well-though-out and
responsibly crafted ordinance for a Disposable Plastic Bag Fee on the November 2013 ballot.
Sincerely,
Infinite West
Board of Directors
Jessica Ferguson, Infinite West Secretary
fa a
U U V`ED(!
PO Box 1953 1 Granby, Colorado 180446 $ lnfo@lnffnftewest.org
7/16/20{3
Dear Members of the Town of Fraser Board of Trustees.
1 am writing on behalf of the Board of Directors of infinite West in favor of an ordinance
to enact a fee for the use of Disposable Plastic Bags in businesses wi hin Fraser Town
Limits.infinite Vilest awes its existence to funds raised from a very successful campaign
to limit plastic bag use in our communities in 2009,That campaign showed us that there
is political will in our communities to do something about the environmental threat of
plastic bags.Significant studies Have shown that the plastic from these bags will not bio-
degrade, and eventually every enter our food chain.
Plastic bags pose significant threats to the environment, and to public health,while at
the some time create potential for littering.The Wall Street Journal reports that the US
goes through about 100 billion disposable plastic brags every year. Of those, Colorado is
responsible for over 2 billion. Fewer than 5 of these are currently being recycled.We
believe that efforts should be increased to both discourage the use of disposable
plastic bags,while raising awareness and opportunities for recycling brags that are
used.
Ironically,re-useable plastic-basest lags can pose significant environmental problems if
they aren't'cactually used,says the Waif Street Journal,We believe a Disposable Brag Fee
Ordinance will Delp encourage the use of re-useable bags,while discouraging the use
of disposable bags.
Our recent initiatives to promote local Green Micro-business through the production of
sustainable products with local artisans could benefit from such legislation. Greater use
of re-usesable bags could provide a greater market for responsibly & locally made re-
useable bags.
We urge you to allow Fraser citizens to decide whether the use of disposable plastic
bags should incur a fee within the Town limits of Fraser, Colorado. Please put a well-
though-slut and responsibly crafted ordinance for a Disposable Plastic Barg Fee on the
November 2013 ballot.
Sincerely,
Infinite West Board-cif Directors
Jimmy Lahrman, Mayor Pro Tern and Jeff Durbin, Town Manager
Greetings,
Regulate the senseless consumption of environmentally hazardous, disposable
materials--such as plastic--in our community.
Signatures
Name Location Date
Lindsey England Fraser, CO, United States 2013-02-08
cassie clements fraser, CO, United States 2013-02-08
Danielle Porcellini Winter Park, CO, United States 2013-02-08
Patrick Gnehm Fraser, CO, United States 2013-02-08
Bryan Kettlewell Winter Park, CO, United States 2013-02-08
Alyssa Wildeboer Winter Park, CO, United States 2013-02-09
will soles fraser, CO, United States 2013-02-09
Ben Dibell Mesa, AZ, United States 2013-02-09
Laura Saxon morriston, FL, United States 2013-02-09
Concerned Citizen New City, NY, United States 2013-02-09
sue sch. Florida, FL, United States 2013-02-09
nick james winter park, CO, United States 2013-02-10
Crystal Simon Fraser, CO, United States 2013-02-10
Andy Davis Winter Park, CO, United States 2013-02-10
Andrew McMorrow Minneapolis, MN, United States 2013-02-10
Carolyn Bailey Fraser, CO, United States 2013-02-10
Daniel Swarts Mankato, MN, United States 2013-02-11
Audrey Langan Fraser, CO, United States 2013-02-11
Helena Powell Tabernash, CO, United States 2013-02-12
Ryan Coons San Diego, CA, United States 2013-02-12
Elaine Sarnosky Fraser, CO, United States 2013-02-12
Edward Laurson Denver, CO, United States 2013-02-12
Name Location Date
Lindy Halliday Winter Park, CO, United States 2013-02-13
marlene henderson Golden, CO, United States
2013-02-13
Amanda Wiebush Eugene, OR, United States
2013-02-13
kelsey wentz Fraser, CO, United States
2013-OZ-13
sean connolly Fraser, CO, United States 2013-02-13
Jen Beltman Winter Park, CO, United States
2013-02-25
Abbey Arabie Winter park, CO, United States
2013-OZ-25
ehren samuelson winter Park, CO, United States 2013-02-25
Rachel Rannow Winter Park, CO, United States
2013-02-25
marie Hedrick Fraser, CO, United States
2013-02-25
Jacob Beck Fraser, CO, United States 2013-02-25
Jonas Pearson Granby, CO, United States 2013-02-26
Elie Soles Fraser, CO, United States
2013-02-26
clint milner Granby, CO, United States 2013-02-26
Jeffrey Skinner Winter Park, CO, United States 2013-02-26
Meredith Camerom Winter Park, CO, United States 2013-02-26
Rebekah Hoskins Vassalboro, ME, United States 2013-02-26
Bill Dorigan Fraser, CO, United States 2013-02-26
Stefanie Nelson Winter Park, CO, United States 2013-02-26
Jessica Driver Fraser, CO, United States 2013-02-27
Molly Rankin Granby, CO, United States 2013-02-27
Donna Barnes Fraser, CO, United States
2013-02-27
Jessica Vernon Steamboat Springs, CO, United States 2013-02-27
Name Location Date
Laurie Ciccarelli Winter Park, CO, United States 2013-02-28
kelly erbelding Fort Collins, CO, United States 2013-02-28
Richard Samuelson Fraser, CO, United States 2013-03-05