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HomeMy Public PortalAboutTBP 2014-02-05 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, January 22, 2014 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, Plant Supervisor Joe Fuqua, Town Attorney Rod McGowan Others: See attached list Mayor Smith called the meeting to order at 5:20 p.m. 1. Roll Call 2. Approval of Agenda Trustee Shapiro moved, and Trustee Sumrall seconded the motion to approve the Agenda. Motion carried: 7-0. 3. Executive Session For a conference with the Town's Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding a request for out of town water and sewer service and to include Town Attorney McGowan, and Town Manager Durbin. Trustee Sanders moved, and Trustee seconded Sumrall the motion to enter executive session. Motion carried: 7-0. Enter: 5:21 Exit: 6:51 Trustee Naill moved, and Trustee Shapiro seconded the motion to exit executive session. Motion carried: 7-0. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Page 2 of 3 Rod McGowan, Town Attorney 4. Consent Agenda: a) Minutes —January 8, 2014 Trustee Shapiro moved, and Trustee Naill seconded the motion to approve the consent agenda. Motion carried: 7-0. 5. Open Forum: Melanie Zwick had questions for the Board regarding: Snowball Festival in Grand County this year: no. Money in the water fund: Sewer plant capacity. 6. Updates: 7. Public Hearings: 8. Discussion and Possible Action Regarding: a) BPR request for out of town water & sewer service Jack Bestall and Ramsey Kropf outlined Byers Peak Properties proposal for out of town water service for the Byers Peak Ranch Development. TA McGowan asked if the development would be open to reopening the annexation negotiations, Byers Peak is not willing to entertain an annexation agreement at this time. Ordinances will need to be drawn up authorizing the Town to offer out of town water and sewer services to entities outside town limits before an agreement can be entered into. The Board directed staff to move forward with drafting an Ordinance and working on an service agreement with BPR for out of town water and sewer service. b) Ordinance No. 417 Retail Marijuana Licensing OR Retail Marijuana Licensing Moratorium Extension Trustee Cwiklin and Sanders would like to see the distance requirements changed. Trustee Cwiklin moved, and Trustee Waldow seconded the motion to approve Ordinance No. 417 Retail Marijuana Licensing as amended to add a 500 ft setback between businesses. Motion carried: 6-1. C) RAMP financial commitment letter and agreements TM Durbin briefed the Board on the progress of the RAMP program. Page 3 of 3 Trustee Cwiklin moved, and Trustee Naill seconded the motion to authorize the Mayor to execute the commitment letter and agreements. Motion carried: -0 d) Winter Park proposed Building Code amendments— moved to February 5, 2014. e) IGA Grand County Clerk & Recorder to conduct the April 1, 2014 Mail Ballot Election TC Berger updated the Board on HB 1303 and the complications it caused for Municipal elections. The Town of Fraser will be holding a polling place election. The County has agreed to print Fraser ballots and also count the ballots after the election. An IGA with the Town will be brought back to the Board. 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: 00p.m. Lu Berger, Town Clerk o - c = m �o 'a o N333 � L 4) °—' E— m O 0co 0 U) O O d CL 0 ca - mm c cx � 00 m .- o 4) U) 4- '3 °- c L O 0 V vi 0 m C1 O O = 0 t9Es = o M co c " O '- -= = O � Oai .__ w >_ c N .L L Q. 3 N d :C N 0 cn O) o'a Q to � -eel fA .� O LM.41 � 42 m 6-y •i d us 0 a M V N CL Q J Z m °' � E � Ocm' E E o AL a LLI -6 WW aoim3a�i � OE •° L F+ L W •0 = O O i 7 V o V/ co " 0 L a w Q R L .G to +�+ = # ;O M m o E W AO O = 0 L � C R R L O 4. O 0 0 d 0. ® W 0 OU. O E! E CD 0 L ONE 04- o. N d 0 E o to N t+ L A w 'a to 0 — 0 & O +� R co 0 A a C t. W d Z *, .a = O 0 N F 0 O C M L O U1 c.� _ N E w > N m L C d a R L ~ N O O LL O +"+ - � '� (/� C O O ki IM id 0 m CO Oa� md0) m E co o v � 3og � c E 00 m •�J O — � � 3 a� jE 0 cO .csMM moo0 cC .0� c4- N N W w D D Q J U N CL W Q Z C O L O R A n O Planner Briefing 2-5-2014 Continued Public Hearing: The Town Board public hearing was opened on 1-8-14. The TB continued the public hearing until 2-5-14. The Planning Commission (PC) had a public hearing in September and October 2013 on the proposed zoning code amendments. The PC recommended approval of the zoning code amendments via PC Resolution 2013-10-1. The code amendments relate to the Business District, the Planned Development District, Permitted Accessory Buildings and Uses and Conditional Uses and Signs and Outdoors Advertising Devices. Included in the 1/8/14 Town Board packet was the PC Resolution recommending approval of the proposed zoning amendments to the Town Board (TB) and a draft ordinance for TB review, Ordinance No. 416. Below is the link to Chapter 16 of the Fraser Municipal Code, entitled Zoning. http://www.colocode.com/fraser/fraserpdf/fraser 16.pdf Article 4 is the Business District Regulations Article 5 is the Planned Development (PD) District Regulations Article 6 is Permitted Accessory Buildings and Uses and Conditional Uses Article 10 is Signs and Outdoor Advertising Devices The information below represents the PC discussions and their direction and coincides with the proposed zoning amendments in the draft ordinance. Looking forward to public input at this continued public hearing. Business Zone: We are proposing to limit a temporary and/or seasonal proposal and use to three months instead of six months. We also deleted reference to special events because we have now enacted regulations for special events. Business and PD Zone: During the Byers Peak Ranch annexation process, it was discussed with the Annexation Committee and the applicant that there appears to be some duplication in the Town's regulations relating to zoning requirements. We are proposing some minimal revisions to the Business and the PD regulations to provide for a more streamlined process without duplication. Accessory Dwelling Units (ADU): We are proposing to amend the first section of the regulations governing ADU's to make the language easier to comprehend. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Sign Code: The proposed amendments to the sign code were initiated due to lack of criteria regulating off-premise signage. We are proposing specific criteria defining the scope so that the Town Board has justification for acceptance or denial of an off-premise sign application. An off-premise sign is a discretionary action that the Town Board may grant if it finds the off-premise sign criteria are met. We are also proposing some other minor revisions to the sign code. Building Code Amendments: The information in the TB packet relating to Building Code Amendments is a result of a property owner in the Town of Winter Park looking at ways to convert an existing commercial space to residential uses within the context of the Building Code adopted by the Towns of Fraser, Granby and Winter Park. Harold Howland and/or Brian Szczepanski will be at the TB meeting for this discussion. 2014 Open Space/Trail Planning and Grant Opportunities: In the 2014 budget, there are several line items that have funds projected to be spent on open space/trail improvements in the Town of Fraser (10-60-681, 10-60-684, and 10-60- 686). WE ARE LOOKING FOR INPUT AND DIRECTION ON HOW TO USE THIS MONEY! In 2012, we drafted a Request for Proposals to develop a comprehensive Parks, Trails and Open Space Master Plan. This RFP was never sent out. See below for a portion of the draft RFP. Request for Proposals September 2012 Purpose: The Town of Fraser is seeking proposals from qualified firms to develop a comprehensive Parks, Trails and Open Space Master Plan that will: 1. Identify potential park-related land uses for a .75 acre Town-owned parcel of land located in a highly visible central location along US Highway 40; 2. Provide a site analysis and design for this .75 acre parcel; 3. Examine all Town-owned park and open space properties and provide opportunities to physically and visually connect these underutilized community assets; 4. Improve parking and pedestrian access to all Town-owned properties; 5. Identify additional parks, trails and open space amenities to increase use of Town-owned property. Background: Fraser is a small mountain community centrally located within the Fraser Valley in Grand County, approximately 70 miles northwest of Denver. The Town of Fraser encompasses approximately 2,300 acres and is home to 1,200 year-round residents. The physical setting of Fraser is divided by the railroad,the Fraser River and US Highway 40. Berthoud Pass serves as the gateway into the Fraser Valley from the Front Range. The Town of Winter Park and the Winter Park Ski Resort are close neighbors and partners with the Town of Fraser. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com About 5 years ago, the Town purchased a .75 acre parcel located in the middle of the Business District in Fraser. In 2007, a design study was conducted that provided a mixed-use re- development for the site. The goal is to establish a memorable sense of place and perhaps a central park instead of development would provide a focus for Fraser and a gathering place for residents and visitors. In addition,there are a lot of great natural,physical and community assets located in and around Fraser that are not connected by consistent and safe pedestrian connections and are thus underutilized. The Town is seeking input to promote and develop our parks, trails and open space assets within Fraser,recognizing that open space and recreation are important quality of life features. We desire to have a more comprehensive approach to locating, coordinating, designing, constructing and maintaining these assets for residents and visitors to the Fraser area. Scone of Work: The qualified firm would be retained to develop and implement a Parks, Trails and Open Space Master Plan,with the following overall work tasks: 1. Conduct an assessment of current Town-owned parks, trails and open space properties. Identify opportunities and deficiencies for each property. 2. Provide a site analysis and design for the .75 acre Town-owned parcel. Include a Statement of Probable Cost for the implementation of the park design. 3. Develop an inventory of all Town-owned open space properties and provide opportunities to physically and visually connect these underutilized community assets. 4. Improve parking and pedestrian access to all Town-owned properties. 5. Identify additional parks, trails and open space amenities. 6. Identify probable costs and potential funding sources and mechanisms for the parks, trails and open space enhancements. 7. Conduct a minimum of two (2) community meetings to provide broad-based community input. 8. Present for review at one (1)joint Fraser Town Board/Planning Commission meeting, analysis, recommendations and design concepts. Last year, we applied for a Fishing is Fun grant. This program is administered by Colorado Parks and Wildlife and provides matching funds for fishing recreation projects across the state. The funding comes from the Federal Sport Fish Restoration Program and all projects are subject to federal reporting, compliance and accounting requirements. Unfortunately, we didn't receive grant funding. "This year was an extraordinarily competitive year, with requests well in excess of available funding. In addition, the total amount of funding available for the grant program was reduced due to Colorado Parks and Wildlife's general budget situation." The proposed Fun Fishin' in Fraser project was a fishing site improvement project that will substantially increase angler recreation days and angler satisfaction in the small mountain town of Fraser Colorado. The following are proposed amenity improvements to a cold water pond: expanding the parking facilities, installing a bear resistant trash receptacle, install a shade/picnic shelter with 2 picnic tables (one will be ADA-compliant), constructing an ADA-compliant fishing pier (floating dock system), and installing wayfinding and interpretive signage. The cold water pond is located in Fraser and owned by Grand County Water & Sanitation District No. 1 (GCW&S). As you know, the series of ponds are former sewer lagoons that have been rehabilitated and are currently utilized as water augmentation Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com ponds. Fraser and GCW&S entered into an Intergovernmental Lease Agreement in 2009 for the purpose of providing a public recreational use of the property. We could change the scope of the project and reapply for this Fishing is Fun grant. The grant application is due March 5t", 2014 with project completion by December 31, 2016. As our Trails Master Plan is coming together, we have discussed another Fraser River Trail bridge crossing in the vicinity of the Eisenhower statute. "At the north end of the Cozens Ranch Open Space,the Fraser River Valley Lions Club and the Colorado Parks and Wildlife stock two ponds with rainbow trout. Several years ago, the Lions Club contracted with a local artist to create an eight-foot bronze statue of Ike in his fly fishing clothes netting a large trout. The Town should pursue an additional river crossing on the Fraser River Trail just south of the Lions ponds. This river crossing would provide a shorter looped trail for users, provide access to the Ike statue and help promote the Eisenhower Memorial Reach. Additional interpretive signs in this vicinity would encourage visitors and locals to walk the trail on the river and keep the history of Ike's visits to the Fraser Valley alive." We could pursue a GOCO grant for this project. The grant application is due March 5th, 2014. We also know that the Fraser River Trail needs some extensive repair work this spring as a result of the beaver shenanigans in the fall 2013. Lots of people use this trail and the health, safety and welfare of the users is of utmost importance. We recognize that open space, trails and recreation are important quality of life features. We have many options and welcome your ideas and input as we work to promote and develop our parks, trails and open space assets within Fraser in 2014! Colorado Creative Industries Announces 2014 Creative District Application Process: Municipalities have until March 3, 2014 to submit a letter of interest seeking formal designation of areas within their communities as Colorado Certified Creative Districts. Fraser is joining forces with others in Grand County to submit a letter of interest to the State. Up to 15 creative districts will be invited to submit a full application to join the Creative District Certification Program, and CCI will select up to five of the applicants into the program. These creative districts will work toward certification for two years and are called Candidates for Creative District Certification. This two-year incubator style program offers Candidate Districts a number of benefits including direct funding, professional assistance, training and networking with peers. Applications will be evaluated primarily on district characteristics, management and planning and community buy-in. Once the districts have completed the two-year training, they will be eligible to apply to become Colorado Certified. Colorado Creative Industries is a division of the state Office of Economic Development and International Trade. Full details can be found here. Please contact me with questions and/or comments. ctrotter(d)-town.fraser.co.us. Thanks. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com TOWN OF FRASER ORDINANCE NO.416 Series 2014 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE TOWN OF FRASER, INCLUDING REGULATIONS RELATING TO THE BUSINESS DISTRICT, THE PLANNED DEVELOPMENT DISTRICT, AND PERMITTED ACCESSORY BUILDINGS AND USES AND CONDITIONAL USES, AND SIGNS AND OUTDOOR ADVERTISING DEVICES, AND MAKING CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF FRASER WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 3, the Board of Trustees of the Town of Fraser is authorized to adopt and amend zoning regulations applicable within the Town; and WHEREAS, the following amendments to the Fraser zoning regulations were duly referred to the Fraser Planning Commission which favorably recommended the amendments to the Board of Trustees; and WHEREAS, a public hearing on such amendments was held by the Board of Trustees of the Town of Fraser, Colorado, pursuant to notice of said public hearing properly published as required by the Code of the Town of Fraser and Section 31-23-304, Colorado Revised Statutes, as amended; and WHEREAS, the Board of Trustees finds and determines that the proposed amendments are in the best interests of the public health, safety and general welfare of the citizens, residents and taxpayers of the Town of Fraser; and that all applicable requirements of the Code of the Town of Fraser and state statutes have been met with respect to the adoption of said amendments. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDED ZONING REGULATIONS AND AMENDMENT OF TOWN CODE. [Note: additions are shown in black bold print; deletions are shown as StFikethFG g1 print.] 1.1 Chapter 16,Article 1 of the Code of the Town of Fraser, Colorado(herein sometimes referred to as the "Town Code"), Section 16-1-40, entitled Definitions, is hereby amended by amending a definition as follows: Temporary and/or seasonal proposals and uses Qndt (including mobile vending units and transient merchants °per' ° eGiai evep °) mean any development within the Business Zone which is permitted for not more than a °1VaT T ve [Th7 three month period in any calendar year, subject to the requirements in Sec. 16-4-30. 1.2 Chapter 16, Article 4 of the Town Code, entitled Business District, is hereby amended by amending the following Sections as follows: Sec. 16-4-10. Development permits required. Enhancing the physical appearance and improving the economic viability of the Business District a+4 DeVeIGPFReRt (RD) Dic+rin+c is critical to the community. It shall be unlawful for any person to undertake, conduct or use, or cause to be undertaken, conducted or used, any development within the Business District er wit#ip ap, Fnixed 6ise, a^^^mm„d,+i„r, Ir,dgiRg and nE)rrrrorni 31 _79—P planninrr aroac nic+ri`ts; without complying with the provisions of these regulations. Sec. 16-4-110 (1) Temporary and/or seasonal proposals and uses °p` ts (including mobile vending units and transient merchants and GpeGial eVeRts) are permitted subject to the following requirements: Sec. 16-4-110 (1) (a) Temporary and/or seasonal uses shall not be allowed on or within a lot, shopping center, professional center or business park for more than 64464 three(3) months in any calendar year. Sec. 16-4-110 (c)The owner or operator shall have applied for and obtained a Town special events vendor license and all applicable State and Local taxes shall be collected. [The remainder of Section 16-4-110 remains unchanged.] 1.3 Chapter 16,Article 16-5 of the Town Code entitled, Planned Development District, is hereby amended by amending the following Section as follows: Sec. 16-5-420. Submission requirements. The final development plan shall include all of the information required in the preliminary development plan in its finalized, detailed form plus any additional items included below. All written and graphic documents shall comply with the Development Standards specified in Article 4, Business District, Division 3. 1.4 Chapter 16, Article 6, Subsection 16-6-30 (1) of the Town Code relating to Accessory dwelling units, is hereby amended in its entirety to read as follows: Sec. 16-6-30. Accessory dwelling units. (1) The size of the accessory dwelling unit shall be subject to the following limitations: (a) The unit shall contain at least two hundred(200)square feet of habitable floor area; (b) The unit shall be no larger than fifty percent(50%)of the square footage of the principal dwelling unit or twelve hundred (1200) square feet of habitable floor area,whichever is less; however an accessory dwelling unit can have up to one hundred and twenty (120) additional square feet of attached, unheated, uninhabitable outside storage. (c) An accessory dwelling unit may be attached to a principal dwelling unit, located in a detached unit, or located in an attached or detached garage. (d) No accessory dwelling unit shall be separated by ownership from the principal dwelling unit. (e) The Board of Trustees may approve an increase in the size of an accessory dwelling unit, if the unit is located over a detached garage, and - 2 - the Board of Trustees makes a finding that the size limitations of Subparagraph b above constitutes an unnecessary hardship. [The remainder of Section 16-6-30 remains unchanged.] 1.5 Chapter 16, Article 10 of the Town Code, entitled Signs and Outdoor Advertising Devices, is hereby amended by amending the following Sections as follows: Sec. 16-10-30. Definitions. [The following definition is added.] Feather banner means a lightweight portable advertising medium, mounted on a pole that resembles a sail and can be folded in a neat carrying case for portability and storage. Sec. 16-10-110. Sign area, dimension and height meal remeRt [The remainder of Section 16-10- 110 remains unchanged.] Sec. 16-10-120, a new Subsection (c) (3) is added as follows: The maximum height of a freestanding sign in a business and/or mixed-use district shall not exceed eighteen(18)feet. Sec. 16-10-120, (d) Monuments signs. (1) The area of monument signs shall be a maximum of thirty-two(32)square feet. (2) The maximum height of a monument sign in a business and/or mixed-use district shall not exceed twelve (12) feet. (3) The maximum height of a monument sign in a residential district shall not exceed eight (8) feet. [The remainder of Section 16-10-120 remains unchanged.] Sec. 16-10-130. Exempt signs. (8) Directional. If the Town decides elects to erect stand-ar dized h..A.Re-- diFeGt9F)F sus, directional signage for public facilities/public lands in or adjacent to Fraser,such signs shall be exempt from all provisions and regulations of this Article, except that these signs shall comply with the lighting requirements of this Article. (21) Special events. If the Town decides to erect signs and or banners (including feather banners) in conjunction with a special event, such signs shall be exempt from all provisions and regulations of this Article, except that these signs shall comply with the lighting requirement of this Article. [The remainder of Section 16-10-130 remains unchanged.] Sec.16-10-150 Subsection (2) Freest d4 Monument, projecting and wall signs are allowed. Freestanding signs are prohibited. Tn\e/n c+;;ff,0 RGt t,eXGeed tWe'„o (12)feet. Height and color and lightiRg shall be consistent with the character of the neighborhood and not conflict with any other part of these regulations. [The remainder of Section 16-10-150 remains unchanged.] - 3 - Sec.16-10-170 Subsection (a) Sign types. All types of signs shall be permitted in the Business District. The aggregate area of all permanent signs, displayed on a site shall not exceed the total allowed sign area established by this Section. The total square footage of allowable sign area for any building shall be limited to one (1)square foot of sign area for each one(1) lineal foot of building frontage, provided that no more than 75% of the total allowable signage per storefront may be used by anyone(1) sign and the maximum size for anyone (1)sign is one hundred (100)square feet. In those instances where a building has two (2) building frontages, the applicant shall choose one (1) building frontage to calculate the allowable square footage. Businesses with a building frontage of less than fifty (50) square feet shall be allowed a maximum sign area of fifty (50) square feet. Vacant property,without a building frontage, may be permitted to display two signs with the aggregate area of both signs not to exceed thirty two (32) square feet. Sec. 16-10-170 Subsection (c) is hereby amended in its entirety to read as follows: Off-premise signs may be permitted if the business street frontage is not on US 40. Off- premise signs must be approved by the Board of Trustees on a case-by-case basis. The off- premise sign request shall be analyzed by the Board of Trustees for compliance with the following criteria: (1) The off-premise sign permit requested would not harm the public and would not impair the purpose and intent of the Fraser Municipal Code,specifically Article 10, entitled Signs and Outdoor Devices; (2) The subject business is in an obscure location, not directly visible from US40, such that the off-premise sign is necessary to direct the public to a business; (3) The subject business must be located in the Town of Fraser; (4) The off-premise sign is directional in nature; (5) The off-premise sign would be subject to all other business sign requirements not specified herein; (6) The off-premise sign is counted against the sign allowance on the parcel on which it is displayed AND is counted against the sign allowance on the parcel/business applying for the sign. (7) Written consent of the property owner is required; and (8) The off-premise sign is limited to one(1)sign not to exceed twenty(20)square feet. [The remainder of Section 16-10-170 remains unchanged.] Sec. 16-10-180,a new Subsection (e) is added as follows: Temporary off-premise signs for a special event outside the Town limits may be permitted. The temporary off-premise sign request shall be analyzed by Town Staff for compliance with the following criteria: (1) The maximum number of signs related to the special event is two (2); (2) The aggregate area of all temporary off-premise signage is thirty-two (32) square feet; (3) The temporary off-premise signage may be a banner, feather banner, and/or sandwich board; (4) Signs may not be attached to any existing signs, traffic control equipment or signs, public utilities or trees and shall not be placed within the Town right-of-way. (5) No lights or illumination may be used in conjunction with the signs; and (6) Written consent of the property owner is required. - 4 - (7) Temporary off-premise signs cannot be displayed for more than forty-five(45) consecutive days. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however,that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED,ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 5th DAY OF FEBRUARY, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Votes abstained: BY: Peggy Smith, Mayor ATTEST: ( SEAL ) Lu Berger, Town Clerk Published in the Middle Park Times on February 13, 2014. - 5 - MEMORANDUM To: Town Council From: Drew Nelson, Town Manager Date: January 7, 2014 Re: Building Code Amendment Discussion BACKGROUND In November, the Town was approached by a local property owner with concerns over cost and constructability related to the potential conversion of existing commercial space to residential uses. Since the release of the 2003 International Building Code (IBC), fire suppression (i.e. fire sprinkling) and fire separation (i.e. fire-rated wall design) have been required in mixed-use buildings, and the Building Code has been adopted by the towns of Fraser, Granby and Winter Park during this time. Any conversion of use requires fire suppression and separation to be permitted and constructed prior to the issuance of a Certificate of Occupancy. At this time, the only structures that do not require fire suppression and separation at the time of construction are single-family residences and duplex (two-unit) dwellings. Town staff has met with representatives of East Grand Fire as well as the towns of Fraser and Granby, along with a structural engineer, to discuss potential options for reducing these Building Code requirements. While sympathetic to concerns for cost and constructability, it was a goal of the group to try to balance these with the need for safety for workers, residents and public safety personnel in Winter Park and the other jurisdictions we provide building services for. ANALYSIS Attached to this memo are documents from Town staff(including the Building Department) related to this issue. During our group discussion, we broke down the issues surrounding relaxed regulations along with potential solutions. Clearly, there are no perfect solutions that would meet the needs of every property owner in Winter Park, Fraser and Granby while also meeting the safety needs of our public safety personnel. As evident in the attached documents, a wide range of options exist for the towns to consider. Our group discussion galvanized around the adoption of a part of the Building Code not adopted to date — the International Existing Building Code (IEBC). While this would not remove the suppression and separation requirements completely, they would give Design Professionals (i.e. certified architects) the ability to design solutions that meet the overall intent of the Building Code if they cannot meet the exact letter of the Code. Additionally, the Steamboat Springs/Routt County Building Department has carved out an exception in its code for very small mixed-use buildings. The group seemed amenable to allowing an exception that would still require fire separation but remove the fire suppression (sprinkling) in exchange for a fire alarm system that would be installed throughout the entire structure. RECOMMENDATION Town staff would like to continue to develop a compromise solution that can be applied evenly in the three municipalities served by the Building Department. At this time, additional input is needed from Fraser and Granby as to whether this solution provides adequate flexibility for their potential users as well. We are requesting your input on these minor changes before preparing an ordinance for your consideration at a future Council meeting. From: Drew Nelson To: Dennis Soles ; James Shockey; "Todd Holzwarth"; Harold; Brian Szczepanski; "Jeff Durbin"; Wally Baird; "Craig M. Kobe"; Kevin E. Vecchiarelli; Subject: Existing Building Conversion Discussion Date: Thursday, January 02, 2014 3:27:40 PM Gentlemen — I am writing you today to provide my notes and some discussion related to our meeting on December 27th. As you are aware, we are looking at ways to make conversion of existing commercial space to residential uses possible within the context of the Building Code adopted by the Towns of Granby, Fraser, and Winter Park. The Building Code currently requires any such conversion to meet current code regarding both fire suppression (i.e. fire sprinklers) and fire separation (i.e. 1 or 2-hour fire-protected walls). Issues, as identified by the group, include: 1. Cost versus life/safety concerns 2. Current code requires suppression PLUS separation 3. Changing uses to an R Occupancy create unique challenges, including the intermingling of hazardous uses 4. Tax differential (commercial space is taxed at a higher rate) 5. Fees/Permits/Water taps are also compounding issues above and beyond the Building Code 6. Zoning and entitlements either might allow too much or might not allow for any such conversions 7. Egress and ADA accessibility are additional concerns 8. Separation requirements may not be able to be achieved due to cost and/or constructability Possible solutions, as identified by the group, include: 1. Suppression OR separation might be acceptable to the group 2. Communities might want to consider a cut-off date for lightened regulations (i.e. buildings constructed prior to January 1, 2003) 3. International Existing Building Code (IEBC) adoption —would address renovations to existing residential units in mixed-use buildings 4. The group noted that there will not be a "catch-all" solution and that each situation will be different/unique 5. No change 6. Is a government program (i.e. money for conversion of space) a proper role for our respective communities? 7. Steamboat Model — allow for separations and fire alarms to relieve sprinkler requirements 8. Place limits on the number of units or square footage allowed for conversion under relaxed standards 9. Chemical suppression or alternative designs may be feasible for property owners 10. Non-separated uses, using the highest-rated assemblies, may be a preferred alternative In summary, we have a host of issues and options for consideration. It appeared during our meeting that there was support for the following actions in the near future: 1. Adoption of the IEBC. While this would not address the separation/ suppression requirements for the change of occupancy, it provides a graduated scale of restrictions when remodeling existing R occupancies in mixed-use buildings. 2. Adoption of the Routt County mixed-use exception. This would remove the sprinkler system requirement in mixed-use buildings, two stories or less in height and with no more than two dwelling units provided that the required fire separation is achieved and that a manual fire alarm system is installed and maintained. Please let me know if this is reflective of the group's discussion and whether there are other options that might be amenable to you. I anticipate having a discussion with the Winter Park Town Council at their regular meeting at 5:30 p.m. on Tuesday, January 7th, and you are all welcome to attend. I am hoping to get some direction from the Council as to how to proceed at the meeting on the 7th. Sincerely, Drew Nelson Drew Nelson, Town Manager Town of Winter Park P.O. Box 3327 / 50 Vasquez Road Winter Park, CO 80482 970.726.8081 (p) From: Brian Szczei)anski To: Drew Nelson; Harold; Subject: Existing Building Code Date: Monday, January 06, 2014 8:45:46 AM Drew —A little info on the Existing Building Code that may help us better explain to council what this code tries to accomplish. Effective Use of the International Existing Building Code The International Existing Building Code is a model code in the International Code family of codes intended to provide alternative approaches to remodeling, repair or alteration of existing buildings. A large number of existing buildings and structures do not comply with the current building code requirements for new construction. Although many of these buildings are potentially salvageable, rehabilitation is often cost-prohibitive because compliance with all the requirements for new construction could require extensive changes that go well beyond the value of the building or the original scope of the rehabilitation. At the same time, it is necessary to regulate construction in existing buildings that undergo additions, alterations, renovations, extensive repairs or change of occupancy. Such activity represents an opportunity to ensure that new construction complies with the current building codes and that existing conditions are maintained, at a minimum, to their current level of compliance or are improved as required to meet basic safety levels. To accomplish this objective, and to make the rehabilitation process easier, this code allows for options for controlled departure from full compliance with the International Codes dealing with new construction, while maintaining basic levels for fire prevention, structural and life safety features of the rehabilitated building. This code provides three main options for a designer in dealing with rehabilitation of existing buildings. These are laid out in Section 101.5 of this code: OPTION 1: Work for alteration, repair, change of occupancy, addition or relocation of all existing buildings shall be done in accordance with the Prescriptive Compliance Method given in Chapter 3. It should be noted that this same method is provided in Chapter 34 of the International Building Code. OPTION 2: Work for alteration, repair, change of occupancy, addition or relocation of all existing buildings shall be done in accordance with the Work Area Compliance Method given in Chapters 4 through 12. OPTION 3: Work for alteration, repair, change of occupancy, addition or relocation of all existing buildings shall be done in accordance with the Performance Compliance Method given in Chapter 13. It should be noted that this option is also provided in Chapter 34 of the International Building Code. Under limited circumstances, a building alteration can be made to comply with the laws under which the building was originally built, as long as there has been no substantial structural damage and there will be limited structural alteration. Brian Szczepanski-Building Inspector Winter Park/Fraser/Granby Bldg. Dept. PO Box 3327 Winter Park,CO 80482 (970)726-8081 ext.217 www.winterparkgov.com RESPONSIBILITY - It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code. (Winter Park/ Fraser/ Granby Town Code. IRC Section R105.8) MIXED USE STRUCTURES CONTAINING "R"OCCUPANCIES 2009 International Building Code (As adopted by the Town of Winter Park) -Chapter 9 : Fire Protection Systems [F] 903.2.8 Group R.An automatic sprinkler system Only way to get around sprinklering installed in accordance with Section 903.3 shall be provided whole building is create separate throughout all buildings with a Group R fire area. Ibuildings with firewalls. -Chapter 4 :Special Detailed Requirements Based On Use and Occupancy SECTION 420 GROUPS 1-1, R-1, R-2, R-3 Separation required no matter how 420.1 General.Occupancies in Groups I-1,R-1,R-2 and R-3 structure is built/designed. Rating can shall comply with the provisions of this section and other applicable I , be reduced from 1 hour to /z hour if provisions of this code. 420.2 Separation walls.Walls separating dwelling units in the NFPA 13 sprinkler system installed same building,walls separating sleeping units in the same throughout building.Applies for non- building and walls separating dwelling or sleeping units from other occupancies contiguous to them in the same building separated uses. shall be constructed as fire partitions in accordance with Section 709. 420.3 Horizontal separation.Floor assemblies separating dwelling units in the same buildings,floor assemblies separating One layer of 5/8 type X drywall over sleeping units in the same building and floor assemblies wood assemblies provides 40 minute separating dwelling or sleeping units from other occupancies protection by itself per table contiguous to them in the same building shall be constructed as horizontal assemblies in accordance with Section 712. 721.6.2(1) -Chapter 5 : General Building Heights and Areas 508.3 Nonseparated occupancies.Buildings or portions of buildings that comply with the provisions of this section shall Need to determine how building was be considered as nonseparated occupancies. designed and if nonseparated 508.4 Separated occupancies.Buildings or portions of buildings occupancies can be utilized. If not, that comply with the provisions of this section shall be Table 508.4 takes control and fire considered as separated occupancies. barriers/horizontal assemblies must be installed. -Chapter 34 : Existing Buildings and Structure SECTION 3408 CHANGE OF OCCUPANCY 3408.1 Conformance.No change shall be made in the use or occupancy of any building that would place the building in a Whole building needs to be comply different division of the same group of occupancies or in a different with new occupancy requirements, group of occupancies,unless such building is made to unless new occupancy is deemed less comply with the requirements of this code for such division or group of occupancies. Subject to the approval of the building hazardous than previous occupancy. official,the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups,provided the newor proposed use is less hazardous,based on life and fire risk,than the existing use. 3401.5 Alternative compliance.Work performed in accordance with the International Existing Building Code shall be This alternative has been deleted in deemed to comply with the provisions of this chapter. its entirety in IBC amendements Summary of existing requirements under 2009 International Building Code: • Whole building needs to comply with code provisions based on new occupancy. • R occupancies require sprinkler system throughout building. • Need to determine if separated or non-separated uses will be utilized in design. • Required separations easily achieved in existing buildings if NFPA 13 sprinkler system installed throughout building. • SPRINKLER WHOLE BUILDING AND REQUIRED SEPARATIONS CAN BE DRASTICALLY REDUCED. 2009 International Existing Building Code (Not adopted by the Town of Winter Park) -Chapter 9 : Change of Occupancy 901.3 Change of occupancy classification.Where the occupancy classification of a building changes,the provisions of Sections 902 through 912 shall apply.This includes a change of occupancy classification within a group as well as a change of occupancy classification from one group to a different group. One option could be to allow a 901.3.1 Partial change of occupancy classification. licensed design professional to utilize Where a portion of an existing building is changed to anew the IEBC and the flexibility it allows. occupancy classification, Section 912 shall apply. SECTION 904 FIRE PROTECTION 904.1 General.Fire protection requirements of Section 912 shall apply where a building or portions thereof undergo a change of occupancy classification. 912.1.1 Compliance with Chapter 8.The requirements of Chapter 8 shall be applicable throughout the building for the new occupancy classification based on the separation conditions set forth in Sections 912.1.1.1 and 912.1.1.2. 912.1.1.1 Change of occupancy classification without If no separation can be achieved per separation.Where a portion of an existing building is changed to a new occupancy classification and that portion table 508.4 of the IBC, whole building is not separated from the remainder of the building needs to comply with this section. with fire barriers having a fire-resistance rating as required in the International Building Code for the separate occupancy,the entire building shall comply with all of the requirements of Chapter 8 applied throughout the building for the most restrictive occupancy classification in the building and with the requirements of this chapter. 912.1.1.2 Change of occupancy classification with separation.Where a portion of an existing building that If separation present or possible, is changed to a new occupancy classification and that then area where change of occupancy portion is separated from the remainder of the building occurs shall comply with this section. with fire barriers having a fire-resistance rating as required in the International Building Code for the separate occupancy,that portion shall comply with all the requirements of Chapter 8 for the new occupancy classification and with the requirements of this chapter. 912.2 Fire protection systems.Fire protection systems shall be provided in accordance with Sections 912.2.1 and 912.2.2. 912.2.1 Fire sprinkler system.Where a change in occupancy classification occurs that requires an automatic fire Existing Building Code allows only sprinkler system to be provided based on the new occupancy sprinklering where change of in accordance with Chapter 9 of the International occupancy occurs. Confirmed on Building Code,such system shall be provided throughout the area where the change ofoccupancy occurs. Building Code Forum 912.2.2 Fire alarm and detection system.Where a change in occupancy classification occurs that requires a fire alarm and detection system to be provided based on the new occupancy in accordance with Chapter 9 of the International Building Code,such system shall be provided throughout the area where the change of occupancy occurs.Existing alarm notification appliances shall be automatically activated throughout the building.Where the building is not equipped with a fire alarm system,alarm notification appliances shall be provided throughout the area where the change of occupancy occurs and shall be automatically activated Summary of 2009 International Existing Building Code • Option of using this as an alternative has been deleted in our local amendments. • Allows installing sprinkler system and fire alarm/detection in areas where work is being performed. • Other requirements to work area or whole building depend on if occupancy separation is present or can be achieved. • Registered design professional who is familiar with and has experience using the International Existing Building Code should be utilized. • SPRINKLER PART OF THE BUILDING WHERE WORK IS BEING PERFORMED,AND OTHER REQUIREMENTS DEPENDENT ON IF OCCUPANCY SEPARATIONS CAN BE ACHIEVED. Routt County and City of Steamboat Springs—2009 IBC amendments Another option. Difficult to achieve separations in existing buildings. Section 903.2.8 Group R, Is amended to add the following exception: EXCEPTION: An automatic sprinkler system is not required in multi- use Buildings, two stories or less with no more than 2 dwelling units, provided the building is constructed as required by Section 508,4, and an automatic and manual fire alarm systern is installed in accordance with NFPA 72. Sprinkler systems required by other sections and other codes must still be provided. Summary of Routt County Amendment and City of Steamboat Springs • Creating the required separations per Section 508.4 could be as costly as installing sprinkler system. • SPRINKLER NONE OF THE BUILDING BUT REQUIRE STRINGENT OCCUPANCY SEPARATIONS AND ALARM SYSTEMS THROUGHOUT BUILDING. l— C D L O R A D Q Finance Update: 02/05/2014 Prepared: 01/29/2014 Transmitted with your packet this week are the preliminary Financial Statements for both the JFF and the TOF— no audit entries have been made as of yet—Nancy and I are just getting the chance to focus on preparing for the auditors arrival on Tuesday February 11 th, so over the next week and a half we will be making all of our year end entries into the General Ledger, so financials will change. Once all of the audit entries are in I will re-issue the final December 2013 Financial Statements. We will receive our December Sales Tax receipts on February 10th—so I will have to get those entries in the books prior to the auditors arrival! Can't wait to see those numbers — I am confident we will surpass my YEE for 2013. 1 want to impress upon the Board Members again how important the annual audit is to the Town and its residents. Even though the annual audit is a requirement both federally and statutorily, the results speak to my abilities to record and report the financial condition of this organization and its transactions accurately and timely to you, the Board, and the Citizens of our community. In addition, the auditors "test" our financial systems and protocols. Please let me know if you would like to speak with the auditors during their visit (2/11/14-2/13/14). As always please contact me with any questions or concerns you might have: 726-5491 X206 or at nhavensa-town.fraser.co.us. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com TOWN OF FRASER-JOINT FACILITIES BALANCE SHEET DECEMBER 31,2013 JOINT FACILITIES FUND ASSETS 40-10210 JFOC CHECKING-GMB 0318047507 111,992.78 40-10215 GMB MONEY MARKET-O&M RESERVE 30,984.78 40-11550 A/R-WPR 14,063.42 40-11560 A/R-GC#1 22,491.67 40-11570 A/R-TOF 12,446.37 TOTAL ASSETS 191,979.02 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 191,979.02 BALANCE-CURRENT DATE 191,979.02 TOTAL FUND EQUITY 191,979.02 TOTAL LIABILITIES AND EQUITY 191,979.02 TOWN OF FRASER-JOINT FACILITIES REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 JOINT FACILITIES FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 40-30-100 INTEREST-O&M ACCOUNTS 11.22 273.30 600.00 326.70 45.6 40-30-200 O&M REIMBURSEMENT-WPR 14,063.42 170,085.16 216,742.00 46,656.84 78.5 40-30-210 O&M REIMBURSEMENT-GC#1 22,491.67 271,493.28 345,737.00 74,243.72 78.5 40-30-220 O&M REIMBURSEMENT-TOF 12,446.37 148,003.57 187,493.00 39,489.43 78.9 40-30-900 MISCELLANEOUS REVENUE .00 2,379.68 .00 ( 2,379.68) .0 40-30-999 CARRYOVER BALANCE .00 189,326.02 247,362.00 58,035.98 76.5 TOTAL REVENUE 49,012.68 781,561.01 997,934.00 216,372.99 78.3 TOTAL FUND REVENUE 49,012.68 781,561.01 997,934.00 216,372.99 78.3 TOWN OF FRASER-JOINT FACILITIES EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 JOINT FACILITIES FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PLANT EXPENDITURES 40-85-110 SALARIES 14,456.19 166,495.59 181,440.00 14,944.41 91.8 40-85-210 HEALTH INSURANCE 2,940.73 34,082.38 45,000.00 10,917.62 75.7 40-85-220 FICA TAX 1,038.15 11,874.25 13,880.00 2,005.75 85.6 40-85-230 RETIREMENT 578.24 6,659.78 7,258.00 598.22 91.8 40-85-250 UNEMPLOYMENT TAX 43.37 499.53 544.00 44.47 91.8 40-85-280 TRAINING PROGRAMS .00 515.00 3,000.00 2,485.00 17.2 40-85-290 TRAVEL-MEALS AND LODGING .00 654.35 2,500.00 1,845.65 26.2 40-85-295 MEALS-LOCAL BUSINESS .00 .00 200.00 200.00 .0 40-85-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0 40-85-320 AUDIT FEE .00 3,981.00 5,000.00 1,019.00 79.6 40-85-330 ENGINEERING FEES .00 4,904.10 15,000.00 10,095.90 32.7 40-85-350 SLUDGE REMOVAL .00 40,040.16 65,000.00 24,959.84 61.6 40-85-370 PROFESSIONAL SERVICES 232.00 2,832.00 20,000.00 17,168.00 14.2 40-85-375 REIMBURSABLE PROF SERVICES .00 .00 1,000.00 1,000.00 .0 40-85-410 BANK CHARGES .00 .00 100.00 100.00 .0 40-85-430 INSURANCE-PLANT .00 30,150.17 32,000.00 1,849.83 94.2 40-85-440 ADVERTISING .00 367.20 50.00 ( 317.20) 734.4 40-85-460 PLANT MAINTENANCE AND REPAIR 8,275.44 36,874.17 40,000.00 3,125.83 92.2 40-85-475 GROUNDS MAINTENANCE .00 81.25 2,000.00 1,918.75 4.1 40-85-480 EQUIPMENT RENTAL .00 .00 500.00 500.00 .0 40-85-490 PROFESSIONAL MEMBERSHIPS .00 79.00 500.00 421.00 15.8 40-85-500 OPERATING SUPPLIES 166.36 2,997.29 20,000.00 17,002.71 15.0 40-85-506 OPERATING SUPPLIES-CHEMICALS 6,503.04 78,370.66 85,000.00 6,629.34 92.2 40-85-510 EQUIPMENT PURCHASE AND REPAIR .00 1,332.00 20,000.00 18,668.00 6.7 40-85-520 TESTING 2,286.51 34,123.32 55,000.00 20,876.68 62.0 40-85-525 PERMITS .00 6,264.51 10,000.00 3,735.49 62.7 40-85-560 UTILITIES-TELEPHONE 588.27 2,902.14 5,500.00 2,597.86 52.8 40-85-562 UTILITIES-ELECTRICITY 10,216.58 111,698.69 95,000.00 ( 16,698.69) 117.6 40-85-565 UTILITIES-NATURAL GAS 342.59 3,283.16 6,000.00 2,716.84 54.7 40-85-567 UTILITIES-PLANT GENERATOR .00 .00 2,500.00 2,500.00 .0 40-85-569 UTILITIES-TRASH REMOVAL 134.87 1,618.44 3,500.00 1,881.56 46.2 40-85-650 VEHICLE EXPENSES 449.12 6,131.85 6,500.00 368.15 94.3 40-85-690 MISCELLANEOUS EXPENSE 750.00 770.00 1,000.00 230.00 77.0 TOTAL PLANT EXPENDITURES 49,001.46 589,581.99 749,972.00 160,390.01 78.6 TOTAL FUND EXPENDITURES 49,001.46 589,581.99 749,972.00 160,390.01 78.6 NET REVENUE OVER EXPENDITURES 11.22 191,979.02 247,962.00 55,982.98 77.4 TOWN OF FRASER-JOINT FACILITIES BALANCE SHEET DECEMBER 31,2013 JFF-CRR/CIP FUND ASSETS 47-10220 COLOTRUST 8006-CRR 50,060.79 47-10310 CB MONEY MARKET-CRR 245,338.00 47-10410 GMB MONEY MARKET-CRR 34,193.08 47-10521 CDARS-1014540756-CRR 381,725.96 47-10522 CDARS-1014540802-CRR 381,725.98 47-10523 CDARS-1014540837-CRR 381,674.82 47-10524 CDARS-1015381732-CRR 200,938.56 47-10525 CDARS-1015300856-CRR 365,689.62 47-10526 CDARS-1015300872-CRR 382,319.15 TOTAL ASSETS 2,423,665.96 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 2,423,665.96 BALANCE-CURRENT DATE 2,423,665.96 TOTAL FUND EQUITY 2,423,665.96 TOTAL LIABILITIES AND EQUITY 2,423,665.96 TOWN OF FRASER-JOINT FACILITIES REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 JFF-CRR/CIP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CRR AND CIP FUND REVENUES 47-30-100 INTEREST INCOME-CRR ACCOUNTS 1,151.30 16,095.98 20,000.00 3,904.02 80.5 47-30-990 CRR CARRYOVER BALANCE .00 2,598,184.23 2,447,244.00 ( 150,940.23) 106.2 TOTAL CRR AND CIP FUND REVENUES 1,151.30 2,614,280.21 2,467,244.00 ( 147,036.21) 106.0 TOTAL FUND REVENUE 1,151.30 2,614,280.21 2,467,244.00 ( 147,036.21) 106.0 TOWN OF FRASER-JOINT FACILITIES EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 JFF-CRR/CIP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL RPLMNTRESERVE PROJECTS 47-60-730 CRR PROJECTS .00 .00 34,000.00 34,000.00 .0 TOTAL CAPITAL RPLMNTRESERVE PROJEC .00 .00 34,000.00 34,000.00 .0 CAPITAL IMPROVEMENT PROJECTS 47-65-370 ENG,LEGAL&OTHER PROF SRVCS .00 1,449.37 .00 ( 1,449.37) .0 47-65-730 CIP PROJECTS 1,283.44 189,164.88 320,000.00 130,835.12 59.1 TOTAL CAPITAL IMPROVEMENT PROJECTS 1,283.44 190,614.25 320,000.00 129,385.75 59.6 CAPITAL PURCHASES 47-69-740 CAPITAL PURCHASES .00 .00 25,000.00 25,000.00 .0 TOTAL CAPITAL PURCHASES .00 .00 25,000.00 25,000.00 .0 TOTAL FUND EXPENDITURES 1,283.44 190,614.25 379,000.00 188,385.75 50.3 NET REVENUE OVER EXPENDITURES ( 132.14) 2,423,665.96 2,088,244.00 ( 335,421.96) 116.1 TOWN OF FRASER COMBINED CASH INVESTMENT DECEMBER 31,2013 COMBINED CASH ACCOUNTS 01-10200 GENERAL CHECKING#878-000884 57,643.31 01-10220 GENERAL CO-01-0160-8001 6,989,376.46 TOTAL COMBINED CASH 7,047,019.77 01-10100 CASH ALLOCATED TO OTHER FUNDS ( 7,047,019.77) TOTAL UNALLOCATED CASH .00 CASH ALLOCATION RECONCILIATION 10 ALLOCATION TO GENERAL FUND 2,686,522.22 20 ALLOCATION TO CONSERVATION TRUST FUND 893.18 30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 467,009.97 32 ALLOCATION TO CAPITAL ASSET FUND 113,883.65 40 ALLOCATION TO DEBT SERVICE FUND 416,670.82 50 ALLOCATION TO WATER FUND 809,585.03 55 ALLOCATION TO WASTEWATER FUND 2,552,454.90 TOTAL ALLOCATIONS TO OTHER FUNDS 7,047,019.77 ALLOCATION FROM COMBINED CASH FUND-01-10100 ( 7,047,019.77) ZERO PROOF IF ALLOCATIONS BALANCE .00 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:1 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 GENERALFUND ASSETS 10-10100 CASH-COMBINED FUND 2,686,522.22 10-11100 PROPERTY TAXES RECEIVABLE 218,291.00 10-11550 ACCTS REC-BILLINGS 48,384.15 10-12000 ALLOWANCE FOR DOUBTFUL ACCTS. ( 20,409.55) TOTAL ASSETS 2,932,787.82 LIABILITIES AND EQUITY LIABILITIES 10-21740 UNEMPLOYMENT TAXES PAYABLE ( 80.52) 10-21760 HEALTH INSURANCE PAYABLE ( 15,119.60) 10-21773 DEPENDENT CARE PAYABLE ( 1,530.82) 10-21775 FLEX HEALTH PLAN PAYABLE 2,410.11 10-22210 DEFERRED TAXES 218,291.35 10-22920 SUBDIVISION IMP SECURITY DEP 7,779.00 10-22930 DRIVEWAY PERMIT SURETY 12,500.00 10-22950 RENTAL PROPERTY DEPOSITS HELD 750.00 10-22960 COMMUNITY DONATIONS-PROJECTS 500.00 TOTAL LIABILITIES 225,499.52 FUND EQUITY 10-27000 RESFUND BAL-SAVINGS 750,000.00 10-27100 RESTRICTED FUND BALANCE 221,805.00 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 1,735,483.30 BALANCE-CURRENT DATE 1,735,483.30 TOTAL FUND EQUITY 2,707,288.30 TOTAL LIABILITIES AND EQUITY 2,932,787.82 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:2 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAXES 10-31-100 GENERAL FUND PROPERTY TAX 1,528.00 218,517.93 218,500.00 ( 17.93) 100.0 10-31-200 SPECIFIC OWNERSHIP TAX 863.96 9,313.37 8,000.00 ( 1,313.37) 116.4 10-31-300 MOTOR VEHICLE TAX 432.50 4,013.00 4,000.00 ( 13.00) 100.3 10-31-400 TOWN SALES TAX 96,455.51 1,348,964.12 1,600,000.00 251,035.88 84.3 10-31-410 USE TAX-BUILDING MATERIALS 8,252.36 137,352.59 40,000.00 ( 97,352.59) 343.4 10-31-420 USE TAX-MOTOR VEHICLE SALES .00 50,495.86 35,000.00 ( 15,495.86) 144.3 10-31-430 STATE CIGARETTE TAX 397.06 3,912.59 4,500.00 587.41 87.0 10-31-800 FRANCHISE FEES .00 39,020.14 40,000.00 979.86 97.6 TOTAL TAXES 107,929.39 1,811,589.60 1,950,000.00 138,410.40 92.9 LICENSES&PERMITS 10-32-100 BUSINESS LICENSE FEES 120.00 13,640.00 10,500.00 ( 3,140.00) 129.9 10-32-110 REGULATED INDUSTRY FEES/TAXES 1,457.06 17,113.01 2,000.00 ( 15,113.01) 855.7 TOTAL LICENSES&PERMITS 1,577.06 30,753.01 12,500.00 ( 18,253.01) 246.0 INTERGOVERNMENTAL 10-33-100 GRANTS ( 5,460.95) 7,460.95 .00 ( 7,460.95) .0 TOTAL INTERGOVERNMENTAL ( 5,460.95) 7,460.95 .00 ( 7,460.95) .0 CHARGES FOR SERVICES 10-34-100 ANNEXATION FEES .00 10,000.00 1,000.00 ( 9,000.00) 1000.0 10-34-110 ZONING FEES .00 .00 1,500.00 1,500.00 .0 10-34-120 SUBDIVISION FEES .00 1,300.00 1,500.00 200.00 86.7 10-34-130 MISCELLANEOUS PLANNING FEES .00 1,095.00 1,000.00 ( 95.00) 109.5 TOTAL CHARGES FOR SERVICES .00 12,395.00 5,000.00 ( 7,395.00) 247.9 MISCELLANEOUS REVENUE 10-36-100 INTEREST EARNINGS 266.21 3,470.70 5,500.00 2,029.30 63.1 10-36-300 RENTAL INCOME 700.00 8,520.00 9,000.00 480.00 94.7 10-36-500 SALE OF GENERAL FIXED ASSETS .00 16,825.00 .00 ( 16,825.00) .0 10-36-610 REIMBURSABLE-PROF SERVICES 7,873.15 272,114.60 264,000.00 ( 8,114.60) 103.1 10-36-900 MISCELLANEOUS REVENUE .00 25,302.03 35,000.00 9,697.97 72.3 TOTAL MISCELLANEOUS REVENUE 8,839.36 326,232.33 313,500.00 ( 12,732.33) 104.1 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:3 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT OTHER SOURCES&TRANSFERS 10-39-900 TRANSFERS IN FROM OTHER FUNDS .00 21,500.00 21,500.00 .00 100.0 10-39-999 CARRYOVER BALANCE .00 1,861,551.16 1,718,462.00 ( 143,089.16) 108.3 TOTAL OTHER SOURCES&TRANSFERS .00 1,883,051.16 1,739,962.00 ( 143,089.16) 108.2 TOTAL FUND REVENUE 112,884.86 4,071,482.05 4,020,962.00 ( 50,520.05) 101.3 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:4 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT TOWN BOARD 10-41-110 SALARIES 5,040.00 18,840.00 26,000.00 7,160.00 72.5 10-41-220 FICA TAX 385.56 1,441.26 1,989.00 547.74 72.5 10-41-280 TRAINING PROGRAMS 50.00 335.75 2,000.00 1,664.25 16.8 10-41-290 TRAVEL,MEALS AND LODGING 321.93 3,601.78 3,000.00 ( 601.78) 120.1 10-41-295 MEALS AND ENTERTAINMENT 1,353.47 7,289.81 6,000.00 ( 1,289.81) 121.5 10-41-690 MISCELLANEOUS EXPENSE 636.00 1,424.64 3,000.00 1,575.36 47.5 10-41-860 GRANTS AND AID TO AGENCIES .00 1,050.00 .00 ( 1,050.00) .0 10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 9,000.00 14,500.00 5,500.00 62.1 10-41-862 FRASER/WINTER PARK POLICE DEPT 32,401.00 402,284.15 404,000.00 1,715.85 99.6 10-41-863 STREET LIGHTING AND SIGNALS 1,369.72 13,440.30 15,000.00 1,559.70 89.6 10-41-864 SPECIAL EVENTS .00 30,000.00 30,000.00 .00 100.0 10-41-867 CHAMBER OF COMMERCE-IGA .00 45,458.54 53,280.00 7,821.46 85.3 10-41-868 WINTER SHUTTLE-IGA .00 50,000.00 50,000.00 .00 100.0 10-41-870 BUSINESS DIST STREETSCAPE .00 7,163.34 .00 ( 7,163.34) .0 10-41-871 BUSINESS ENHANCEMENT PROGRAMS .00 .00 10,000.00 10,000.00 .0 TOTAL TOWN BOARD 41,557.68 591,329.57 618,769.00 27,439.43 95.6 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:5 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-45-110 SALARIES 23,773.72 203,821.96 202,250.00 ( 1,571.96) 100.8 10-45-210 HEALTH INSURANCE 2,799.25 33,432.27 40,000.00 6,567.73 83.6 10-45-220 FICA TAX 1,742.88 14,596.54 15,472.00 875.46 94.3 10-45-230 RETIREMENT 940.18 8,012.88 8,090.00 77.12 99.1 10-45-250 UNEMPLOYMENT TAX 71.31 611.32 607.00 ( 4.32) 100.7 10-45-280 TRAINING PROGRAMS 1,070.00 3,303.15 2,000.00 ( 1,303.15) 165.2 10-45-290 TRAVEL,MEALS AND LODGING 686.40 4,900.48 2,000.00 ( 2,900.48) 245.0 10-45-295 MEALS AND ENTERTAINMENT 28.87 1,605.22 3,000.00 1,394.78 53.5 10-45-310 LEGAL FEES 4,980.00 48,594.34 35,000.00 ( 13,594.34) 138.8 10-45-320 AUDIT FEES .00 11,232.00 15,496.00 4,264.00 72.5 10-45-330 ENGINEERING FEES .00 1,743.86 5,000.00 3,256.14 34.9 10-45-360 COMPUTERS-NETWORKS AND SUPPORT 1,836.33 23,471.90 25,000.00 1,528.10 93.9 10-45-370 OTHER PROFESSIONAL SERVICES 4,675.00 17,619.70 40,000.00 22,380.30 44.1 10-45-375 REIMBURSABLE PROF SERVICES 174.39 233,109.40 250,000.00 16,890.60 93.2 10-45-380 JANITORIAL SERVICES 620.00 7,879.25 15,000.00 7,120.75 52.5 10-45-385 TREASURER'S FEES 30.56 4,370.38 6,555.00 2,184.62 66.7 10-45-395 RECORDING FEES .00 500.00 1,000.00 500.00 50.0 10-45-410 BANK CHARGES 37.76 565.78 800.00 234.22 70.7 10-45-420 ELECTIONS 1,715.09 1,715.09 2,500.00 784.91 68.6 10-45-430 INSURANCE-ALL DEPARTMENTS .00 48,498.97 40,000.00 ( 8,498.97) 121.3 10-45-440 ADVERTISING 36.79 1,945.46 1,500.00 ( 445.46) 129.7 10-45-490 PROFESSIONAL MEMBERSHIPS .00 6,357.00 7,000.00 643.00 90.8 10-45-500 OPERATING SUPPLIES 1,283.35 9,046.34 12,000.00 2,953.66 75.4 10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 395.77 10,000.00 9,604.23 4.0 10-45-550 POSTAGE 168.00 1,182.93 1,500.00 317.07 78.9 10-45-560 UTILITIES-TELEPHONE 496.50 5,344.87 6,000.00 655.13 89.1 10-45-561 UTILITIES-NATURAL GAS 451.59 3,763.78 5,500.00 1,736.22 68.4 10-45-562 UTILITIES-ELECTRICITY 522.25 4,924.88 6,500.00 1,575.12 75.8 10-45-569 UTILITIES-TRASH REMOVAL 100.00 1,579.19 2,000.00 420.81 79.0 10-45-670 PROP MGMT-117 EISENHOWER DR 988.45 9,621.72 10,000.00 378.28 96.2 10-45-671 PROP MGMT-105 FRASER AVE .00 52.14 500.00 447.86 10.4 10-45-673 PROP MGMT-153 FRASER AVE .00 5,773.27 6,000.00 226.73 96.2 10-45-674 PROP MGMT-200 EISENHOWER DR .00 .00 500.00 500.00 .0 10-45-676 PROP MGMT-400 DOC SUSIE AVE 68.50 991.90 500.00 ( 491.90) 198.4 10-45-690 MISCELLANEOUS EXPENSE .00 11,200.55 7,500.00 ( 3,700.55) 149.3 10-45-810 LEASE/PURCHASE-PRINCIPAL .00 18,342.20 18,343.00 .80 100.0 10-45-820 LEASE/PURCHASE-INTEREST .00 20,031.56 20,032.00 .44 100.0 TOTAL ADMINISTRATION 49,297.17 770,138.05 825,145.00 55,006.95 93.3 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:6 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PUBLIC WORKS 10-60-110 SALARIES 27,271.45 345,318.31 360,000.00 14,681.69 95.9 10-60-210 HEALTH INSURANCE 5,916.18 68,743.79 69,500.00 756.21 98.9 10-60-220 FICA TAX 1,915.71 24,378.05 27,540.00 3,161.95 88.5 10-60-230 RETIREMENT 961.23 11,478.43 14,400.00 2,921.57 79.7 10-60-250 UNEMPLOYMENTTAX 81.79 1,035.71 1,080.00 44.29 95.9 10-60-260 WORKERS COMP CLAIMS .00 424.80 .00 ( 424.80) .0 10-60-280 TRAINING PROGRAMS 100.00 202.84 1,000.00 797.16 20.3 10-60-290 TRAVEL,MEALS AND LODGING .00 131.42 1,000.00 868.58 13.1 10-60-295 MEALS AND ENTERTAINMENT .00 404.14 500.00 95.86 80.8 10-60-330 ENGINEERING FEES .00 12,342.61 10,000.00 ( 2,342.61) 123.4 10-60-360 COMPUTER NETWORK SUPPORT .00 134.97 1,500.00 1,365.03 9.0 10-60-370 OTHER PROFESSIONAL SERVICES .00 1,904.20 2,500.00 595.80 76.2 10-60-480 EQUIPMENT RENTAL .00 85.00 2,500.00 2,415.00 3.4 10-60-490 PROFESSIONAL MEMBERSHIPS .00 100.00 250.00 150.00 40.0 10-60-500 OPERATING SUPPLIES 9,797.31 66,711.66 60,000.00 ( 6,711.66) 111.2 10-60-506 PLANTS/PLANTER SUPPLIES .00 9,108.49 10,000.00 891.51 91.1 10-60-510 EQUIPMENT PURCHASE AND REPAIR 1,021.31 27,553.28 30,000.00 2,446.72 91.8 10-60-560 UTILITIES-TELEPHONE 970.70 1,959.66 2,500.00 540.34 78.4 10-60-561 UTILITIES-NATURAL GAS 668.49 4,538.02 5,500.00 961.98 82.5 10-60-562 UTILITIES-ELECTRICITY 157.70 1,750.54 2,500.00 749.46 70.0 10-60-569 UTILITIES-TRASH REMOVAL 113.12 1,206.06 2,000.00 793.94 60.3 10-60-670 PROP MGMT-125 FRASER AVE .00 388.60 2,500.00 2,111.40 15.5 10-60-673 PROP MGMT-FRASER RIVER TRAIL 49.43 5,477.64 5,000.00 ( 477.64) 109.6 10-60-676 PROP MGMT-OLD SCHLHOUSE PK .00 688.02 500.00 ( 188.02) 137.6 10-60-679 PROP MGMT-SCHOOL BUS GARAGE 490.76 3,795.75 6,000.00 2,204.25 63.3 10-60-681 PROP MGMT-COZENS RANCH PARK 980.00 9,448.87 5,000.00 ( 4,448.87) 189.0 10-60-682 PROP MGMT-AMTRAK STATION .00 103.48 .00 ( 103.48) .0 10-60-683 PROP MGMT-PTARMIGAN OS .00 162.50 .00 ( 162.50) .0 10-60-684 PROP MGMT-FRODO .00 2,439.25 21,500.00 19,060.75 11.4 10-60-685 MOUNTAIN MAN PARK .00 119.00 .00 ( 119.00) .0 10-60-686 GORANSON STATION 64.43 27,068.18 .00 ( 27,068.18) .0 10-60-690 MISCELLANEOUS EXPENSE 1,461.61 2,053.30 1,000.00 ( 1,053.30) 205.3 10-60-725 STREET IMPROVEMENTS 171.69 22,649.01 25,000.00 2,350.99 90.6 10-60-730 CAPITAL PROJECTS 29,321.37 ( 11,366.83) .00 11,366.83 .0 TOTAL PUBLIC WORKS 81,514.28 642,538.75 670,770.00 28,231.25 95.8 120 ZEREX AVENUE 10-65-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0 10-65-380 JANITORIAL SERVICES 400.00 4,828.67 5,500.00 671.33 87.8 10-65-560 UTILITIES-TELEPHONE 50.87 496.29 500.00 3.71 99.3 10-65-561 UTILITIES-NATURAL GAS 138.29 1,089.21 1,500.00 410.79 72.6 10-65-562 UTILITIES-ELECTRICITY 73.55 818.84 1,000.00 181.16 81.9 10-65-665 WTHP EXPENSES .00 506.48 .00 ( 506.48) .0 10-65-670 PROP MGMT-120 ZEREX .00 1,642.89 .00 ( 1,642.89) .0 TOTAL 120 ZEREX AVENUE 662.71 9,382.38 18,500.00 9,117.62 50.7 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:7 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT TRANSFERS 10-90-935 TRANSFER TO CAF .00 75,000.00 75,000.00 .00 100.0 10-90-940 TRANSFER TO DEBT SERVICE FUND .00 247,610.00 247,610.00 .00 100.0 TOTAL TRANSFERS .00 322,610.00 322,610.00 .00 100.0 FISCAL AGENT 10-95-110 SALARIES ( 6,269.03) .00 .00 .00 .0 10-95-220 FICA TAX ( 446.13) .00 .00 .00 .0 10-95-230 RETIREMENT ( 250.76) .00 .00 .00 .0 10-95-250 UNEMPLOYMENT TAX ( 18.81) .00 .00 .00 .0 TOTAL FISCAL AGENT ( 6,984.73) .00 .00 .00 .0 TOTAL FUND EXPENDITURES 166,047.11 2,335,998.75 2,455,794.00 119,795.25 95.1 NET REVENUE OVER EXPENDITURES ( 53,162.25) 1,735,483.30 1,565,168.00 ( 170,315.30) 110.9 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:8 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 CONSERVATION TRUST FUND ASSETS 20-10100 CASH-COMBINED FUND 893.18 TOTAL ASSETS 893.18 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 893.18 BALANCE-CURRENT DATE 893.18 TOTAL FUND EQUITY 893.18 TOTAL LIABILITIES AND EQUITY 893.18 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:9 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 20-30-100 CONS TRUST(LOTTERY)PROCEEDS 1,581.52 6,494.22 6,000.00 ( 494.22) 108.2 20-30-800 INTEREST EARNINGS .00 21.55 60.00 38.45 35.9 20-30-999 CARRYOVER BALANCE .00 15,877.41 15,669.00 ( 208.41) 101.3 TOTAL REVENUE 1,581.52 22,393.18 21,729.00 ( 664.18) 103.1 TOTAL FUND REVENUE 1,581.52 22,393.18 21,729.00 ( 664.18) 103.1 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:10 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 20-40-910 TRANSFER TO GENERAL FUND .00 21,500.00 21,500.00 .00 100.0 TOTAL EXPENDITURES .00 21,500.00 21,500.00 .00 100.0 TOTAL FUND EXPENDITURES .00 21,500.00 21,500.00 .00 100.0 NET REVENUE OVER EXPENDITURES 1,581.52 893.18 229.00 ( 664.18) 390.0 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:11 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 CAPITAL EQUIP REPLACEMENT FUND ASSETS 30-10100 CASH-COMBINED FUND 467,009.97 TOTAL ASSETS 467,009.97 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 467,009.97 BALANCE-CURRENT DATE 467,009.97 TOTAL FUND EQUITY 467,009.97 TOTAL LIABILITIES AND EQUITY 467,009.97 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:12 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 30-30-100 HWY USE TAX PROCEEDS 3,771.56 41,012.72 44,152.00 3,139.28 92.9 30-30-800 INTEREST EARNINGS 44.60 662.69 300.00 ( 362.69) 220.9 30-30-920 TRANSFER FROM UTILITY FUNDS .00 20,000.00 20,000.00 .00 100.0 30-30-999 CARRYOVER BALANCE .00 527,931.47 525,548.00 ( 2,383.47) 100.5 TOTAL REVENUE 3,816.16 589,606.88 590,000.00 393.12 99.9 TOTAL FUND REVENUE 3,816.16 589,606.88 590,000.00 393.12 99.9 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:38AM PAGE:13 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 30-40-745 PUBLIC SAFETY FLEET PURCHASE .00 40,041.04 40,000.00 ( 41.04) 100.1 30-40-750 REGULAR FLEET PURCHASE .00 .00 40,000.00 40,000.00 .0 30-40-755 HEAVY EQUIPMENT PURCHASE .00 37,138.00 150,000.00 112,862.00 24.8 30-40-810 LEASE/PURCHASE-PRINCIPAL .00 45,417.87 .00 ( 45,417.87) .0 TOTAL EXPENDITURES .00 122,596.91 230,000.00 107,403.09 53.3 TOTAL FUND EXPENDITURES .00 122,596.91 230,000.00 107,403.09 53.3 NET REVENUE OVER EXPENDITURES 3,816.16 467,009.97 360,000.00 ( 107,009.97) 129.7 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:14 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 CAPITAL ASSET FUND ASSETS 32-10100 CASH-COMBINED FUND 113,883.65 TOTAL ASSETS 113,883.65 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 113,883.65 BALANCE-CURRENT DATE 113,883.65 TOTAL FUND EQUITY 113,883.65 TOTAL LIABILITIES AND EQUITY 113,883.65 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:15 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CAPITAL ASSET REVENUE 32-30-800 INTEREST EARNINGS 17.42 194.84 425.00 230.16 45.8 32-30-910 TRANSFER IN FROM GENERAL FUND .00 75,000.00 75,000.00 .00 100.0 32-30-940 TRANSFER IN FROM DSF .00 175,000.00 175,000.00 .00 100.0 32-30-999 CARRYOVER FUND BALANCE .00 40,065.68 40,900.00 834.32 98.0 TOTAL CAPITAL ASSET REVENUE 17.42 290,260.52 291,325.00 1,064.48 99.6 TOTAL FUND REVENUE 17.42 290,260.52 291,325.00 1,064.48 99.6 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:16 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL ASSET EXPENDITURES 32-40-810 CAPITAL PROJ-STREETS EXISTING 66,888.11 176,376.87 291,325.00 114,948.13 60.5 TOTAL CAPITAL ASSET EXPENDITURES 66,888.11 176,376.87 291,325.00 114,948.13 60.5 TOTAL FUND EXPENDITURES 66,888.11 176,376.87 291,325.00 114,948.13 60.5 NET REVENUE OVER EXPENDITURES ( 66,870.69) 113,883.65 .00 ( 113,883.65) .0 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:17 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 DEBT SERVICE FUND ASSETS 40-10100 CASH-COMBINED FUND 416,670.82 40-11100 PROPERTY TAXES RECEIVABLE 80,000.00 TOTAL ASSETS 496,670.82 LIABILITIES AND EQUITY LIABILITIES 40-22210 DEFERRED PROPERTY TAXES 80,000.00 TOTAL LIABILITIES 80,000.00 FUND EQUITY 40-27000 RESFUND BAL-1 YEARS PAYMENT 300,000.00 40-27100 RESTRICTED FUND BALANCE 87,246.16 UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 29,424.66 BALANCE-CURRENT DATE 29,424.66 TOTAL FUND EQUITY 416,670.82 TOTAL LIABILITIES AND EQUITY 496,670.82 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:18 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 40-30-100 PROPERTY TAX 560.22 80,115.81 80,000.00 ( 115.81) 100.1 40-30-200 SPECIFIC OWNERSHIP TAX 316.76 3,414.60 4,000.00 585.40 85.4 40-30-800 INTEREST EARNINGS 40.41 661.07 1,000.00 338.93 66.1 40-30-910 TRANSFER IN FROM GENERAL FUND .00 247,610.00 247,610.00 .00 100.0 40-30-990 TRANSFER IN FROM DSF RESERVES .00 175,000.00 175,000.00 .00 100.0 TOTAL REVENUE 917.39 506,801.48 507,610.00 808.52 99.8 TOTAL FUND REVENUE 917.39 506,801.48 507,610.00 808.52 99.8 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:19 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 40-40-385 TREASURER'S FEES GO BOND 11.20 1,602.32 2,000.00 397.68 80.1 40-40-810 BOND PRINCIPAL-02 S&U ISSUE .00 25,000.00 25,000.00 .00 100.0 40-40-811 BOND PRINCIPAL-98 GO ISSUE .00 40,000.00 40,000.00 .00 100.0 40-40-812 BOND PRINCIPAL-98 S&U ISSUE .00 160,000.00 160,000.00 .00 100.0 40-40-820 BOND INTEREST-02 S&U ISSUE .00 8,337.50 8,338.00 .50 100.0 40-40-821 BOND INTEREST-98 GO ISSUE .00 11,825.00 11,826.00 1.00 100.0 40-40-822 BOND INTEREST-98 S&U ISSUE .00 54,270.00 54,270.00 .00 100.0 40-40-850 BOND AGENT FEES 742.00 1,342.00 2,500.00 1,158.00 53.7 40-40-910 TRANSFER TO DSF RESERVES .00 .00 28,676.00 28,676.00 .0 40-40-920 TRANSFER TO OTHER FUNDS .00 175,000.00 175,000.00 .00 100.0 TOTAL EXPENDITURES 753.20 477,376.82 507,610.00 30,233.18 94.0 TOTAL FUND EXPENDITURES 753.20 477,376.82 507,610.00 30,233.18 94.0 NET REVENUE OVER EXPENDITURES 164.19 29,424.66 .00 ( 29,424.66) .0 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:20 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 WATER FUND ASSETS 50-10100 CASH-COMBINED FUND 809,585.03 50-10290 CASH W/TREASURER-COLLECTIONS 2,980.83 50-11500 A/R CUSTOMER SERVICE CHARGES 156,834.48 50-16100 LAND 100,000.00 50-16200 BUILDINGS 2,915,858.49 50-16203 WELLS SYSTEM 768,371.74 50-16212 WATER DISTRIBUTION/STORAGE 9,845,211.82 50-16213 WELLS 1,063,119.43 50-16400 EQUIPMENT 353,994.02 50-16500 WATER RIGHTS 19,775.86 50-17900 ACCUMULATED DEPRECIATION ( 3,517,338.67) TOTAL ASSETS 12,518,393.03 LIABILITIES AND EQUITY LIABILITIES 50-21100 ACCRUED PTO AND BENEFITS 5,935.91 50-22910 ROAD CUT SURITY FEES 15,860.00 TOTAL LIABILITIES 21,795.91 FUND EQUITY 50-27000 RESFUND BAL-O&M 360,000.00 UNAPPROPRIATED FUND BALANCE: 50-29800 RETAINED EARNINGS 11,548,992.51 REVENUE OVER EXPENDITURES-YTD 587,604.61 BALANCE-CURRENT DATE 12,136,597.12 TOTAL FUND EQUITY 12,496,597.12 TOTAL LIABILITIES AND EQUITY 12,518,393.03 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:21 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT LICENSES&PERMITS 50-32-100 EXCAVATION PERMIT FEES .00 550.00 200.00 ( 350.00) 275.0 TOTAL LICENSES&PERMITS .00 550.00 200.00 ( 350.00) 275.0 CHARGES FOR SERVICES 50-34-100 CUSTOMER SERVICE CHARGES 161,933.78 662,002.36 643,364.00 ( 18,638.36) 102.9 50-34-150 PENALTIES&INTEREST 531.80 6,080.40 1,000.00 ( 5,080.40) 608.0 50-34-200 PLANT INVESTMENT FEES .00 6,000.00 8,000.00 2,000.00 75.0 50-34-300 WATER METER SALES .00 16,834.10 500.00 ( 16,334.10) 3366.8 TOTAL CHARGES FOR SERVICES 162,465.58 690,916.86 652,864.00 ( 38,052.86) 105.8 MISCELLANEOUS REVENUE 50-36-100 INTEREST EARNINGS 80.13 929.19 1,000.00 70.81 92.9 50-36-900 MISCELLANEOUS REVENUE 185.00 11,816.76 2,500.00 ( 9,316.76) 472.7 TOTAL MISCELLANEOUS REVENUE 265.13 12,745.95 3,500.00 ( 9,245.95) 364.2 OTHER SOURCES&TRANSFERS 50-39-999 CARRYOVER BALANCE .00 422,680.00 337,393.00 ( 85,287.00) 125.3 TOTAL OTHER SOURCES&TRANSFERS .00 422,680.00 337,393.00 ( 85,287.00) 125.3 TOTAL FUND REVENUE 162,730.71 1,126,892.81 993,957.00 ( 132,935.81) 113.4 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:22 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 50-40-110 SALARIES 13,631.07 164,895.45 165,000.00 104.55 99.9 50-40-210 HEALTH INSURANCE 1,561.47 28,468.49 30,000.00 1,531.51 94.9 50-40-220 FICA TAX 1,000.12 11,651.03 11,000.00 ( 651.03) 105.9 50-40-230 RETIREMENT 499.54 5,792.62 6,600.00 807.38 87.8 50-40-250 UNEMPLOYMENT TAX 40.51 491.54 495.00 3.46 99.3 50-40-280 TRAINING PROGRAMS 150.00 1,181.00 3,000.00 1,819.00 39.4 50-40-290 TRAVEL,MEALS AND LODGING .00 231.81 3,000.00 2,768.19 7.7 50-40-295 MEALS AND ENTERTAINMENT 58.43 103.22 2,000.00 1,896.78 5.2 50-40-310 LEGAL FEES 1,365.00 31,276.34 35,000.00 3,723.66 89.4 50-40-330 ENGINEERING FEES .00 4,768.60 20,000.00 15,231.40 23.8 50-40-360 COMPUTERS-NETWORKS AND SUPPORT 296.17 4,190.06 10,000.00 5,809.94 41.9 50-40-370 OTHER PROFESSIONAL SERVICES 8.15 468.45 5,000.00 4,531.55 9.4 50-40-430 INSURANCE .00 20,258.96 20,000.00 ( 258.96) 101.3 50-40-440 ADVERTISING 5.00 50.90 500.00 449.10 10.2 50-40-460 SYSTEM REPAIR AND MAINT-PROD 7,813.99 31,770.25 35,000.00 3,229.75 90.8 50-40-465 SYSTEM REPAIR AND MAINT-DIST 522.07 8,211.53 30,000.00 21,788.47 27.4 50-40-490 PROFESSIONAL MEMBERSHIPS .00 6,347.50 8,000.00 1,652.50 79.3 50-40-500 OPERATING SUPPLIES-PRODUCTION 1,692.14 18,080.14 25,000.00 6,919.86 72.3 50-40-505 OPERATING SUPPLIES-DISTRIB .00 25,558.84 20,000.00 ( 5,558.84) 127.8 50-40-510 EQUIPMENT PURCHASE AND REPAIR 188.96 349.88 5,000.00 4,650.12 7.0 50-40-520 TESTING 325.00 3,961.00 3,000.00 ( 961.00) 132.0 50-40-550 POSTAGE&BILLING SUPPLIES 300.00 1,450.58 3,500.00 2,049.42 41.5 50-40-560 UTILITIES-TELEPHONE 251.40 2,665.69 3,500.00 834.31 76.2 50-40-562 UTILITIES-ELECTRICITY 2,803.10 32,285.35 50,000.00 17,714.65 64.6 50-40-670 PROP MGMT-FRASER WTP .00 2,011.00 2,000.00 ( 11.00) 100.6 50-40-680 PROP MGMT-MARYVALE WTP 6.10 2,196.58 10,000.00 7,803.42 22.0 50-40-690 MISCELLANEOUS EXPENSE .00 115.00 2,000.00 1,885.00 5.8 50-40-715 WATER RIGHTS-DIVERSION&DEV .00 7,402.39 260,000.00 252,597.61 2.9 50-40-730 CAPITAL PROJECTS .00 13,054.00 91,000.00 77,946.00 14.4 50-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 50-40-970 TRANSFER TO O&M RESERVES .00 100,000.00 100,000.00 .00 100.0 TOTAL EXPENDITURES 32,518.22 539,288.20 969,595.00 430,306.80 55.6 TOTAL FUND EXPENDITURES 32,518.22 539,288.20 969,595.00 430,306.80 55.6 NET REVENUE OVER EXPENDITURES 130,212.49 587,604.61 24,362.00 ( 563,242.61) 2412.0 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:23 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 WASTEWATER FUND ASSETS 55-10100 CASH-COMBINED FUND 2,552,454.90 55-10290 CASH W/TREASURER-COLLECTIONS 1,748.56 55-11500 A/R CUSTOMER SERVICE CHARGES 162,592.37 55-15950 CAP REPL RES HELD W/JFOC 885,201.23 55-15955 O&M RESERVE HELD W/JFOC 45,070.00 55-16100 LAND 144,320.40 55-16200 SEWER TREATMENT PLANT 3,230,658.56 55-16210 METER BUILDING&IMPROVEMENTS 8,056.39 55-16220 SEWER COLLECTION SYSTEM 10,755,808.30 55-16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00 55-16400 EQUIPMENT 37,385.17 55-17900 ACCUMULATED DEPRECIATION ( 718,254.97) 55-17905 ACCUM DEPR-PLANT/JFOC ( 41,859.16) 55-17910 ACCUM DEPR-SEWER COLLECT-FSD ( 2,942,788.35) 55-17915 ACCUM DEPR-EQUIPMENT ( 35,868.68) TOTAL ASSETS 14,363,593.72 LIABILITIES AND EQUITY LIABILITIES 55-21100 ACCRUED PTO AND BENEFITS 6,103.72 TOTAL LIABILITIES 6,103.72 FUND EQUITY UNAPPROPRIATED FUND BALANCE: 55-29800 RETAINED EARNINGS 10,716,526.86 55-29820 RETAINED EARNINGS-RESTRICTED 930,271.23 REVENUE OVER EXPENDITURES-YTD 2,710,691.91 BALANCE-CURRENT DATE 14,357,490.00 TOTAL FUND EQUITY 14,357,490.00 TOTAL LIABILITIES AND EQUITY 14,363,593.72 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:24 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CHARGES FOR SERVICES 55-34-100 CUSTOMER SERVICE CHARGES 155,541.38 618,172.66 616,580.00 ( 1,592.66) 100.3 55-34-150 PENALTIES&INTEREST 27.71 2,330.18 1,000.00 ( 1,330.18) 233.0 55-34-200 PLANT INVESTMENT FEES .00 179,000.00 7,500.00 ( 171,500.00) 2386.7 TOTAL CHARGES FOR SERVICES 155,569.09 799,502.84 625,080.00 ( 174,422.84) 127.9 MISCELLANEOUS REVENUE 55-36-100 INTEREST EARNINGS 248.76 3,061.46 2,000.00 ( 1,061.46) 153.1 55-36-500 JFF MANAGEMENT FEE .00 21,316.50 28,420.00 7,103.50 75.0 55-36-900 MISCELLANEOUS REVENUE .00 37.95 1,500.00 1,462.05 2.5 TOTAL MISCELLANEOUS REVENUE 248.76 24,415.91 31,920.00 7,504.09 76.5 OTHER SOURCES&TRANSFERS 55-39-999 CARRYOVER BALANCE .00 2,373,791.00 2,092,733.00 ( 281,058.00) 113.4 TOTAL OTHER SOURCES&TRANSFERS .00 2,373,791.00 2,092,733.00 ( 281,058.00) 113.4 TOTAL FUND REVENUE 155,817.85 3,197,709.75 2,749,733.00 ( 447,976.75) 116.3 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:25 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING DECEMBER 31,2013 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 55-40-110 SALARIES 18,533.90 174,614.83 170,000.00 ( 4,614.83) 102.7 55-40-210 HEALTH INSURANCE 1,962.13 25,692.66 25,500.00 ( 192.66) 100.8 55-40-220 FICA TAX 1,377.03 12,699.24 12,500.00 ( 199.24) 101.6 55-40-230 RETIREMENT 700.95 6,162.23 6,500.00 337.77 94.8 55-40-250 UNEMPLOYMENT TAX 55.13 519.52 510.00 ( 9.52) 101.9 55-40-280 TRAINING PROGRAMS .00 55.00 2,000.00 1,945.00 2.8 55-40-290 TRAVEL,MEALS AND LODGING .00 90.00 2,000.00 1,910.00 4.5 55-40-295 MEALS AND ENTERTAINMENT 54.99 123.23 500.00 376.77 24.7 55-40-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0 55-40-330 ENGINEERING FEES .00 1,755.62 10,000.00 8,244.38 17.6 55-40-360 COMPUTERS-NETWORKS AND SUPPORT 296.16 2,665.45 6,000.00 3,334.55 44.4 55-40-370 OTHER PROFESSIONAL SERVICES 66.28 733.93 10,000.00 9,266.07 7.3 55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0 55-40-430 INSURANCE .00 5,409.90 5,500.00 90.10 98.4 55-40-440 ADVERTISING 5.00 5.00 500.00 495.00 1.0 55-40-460 SYSTEM REPAIR AND MAINT-COLLEC .00 28,126.50 60,000.00 31,873.50 46.9 55-40-490 PROFESSIONAL MEMBERSHIPS .00 4,437.50 6,000.00 1,562.50 74.0 55-40-500 OPERATING SUPPLIES-COLLECTIONS .00 17.99 5,000.00 4,982.01 .4 55-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 2,500.00 2,500.00 .0 55-40-520 TESTING .00 180.00 1,000.00 820.00 18.0 55-40-550 POSTAGE&BILLING SUPPLIES 300.00 1,411.49 2,500.00 1,088.51 56.5 55-40-560 UTILITIES-TELEPHONE 21.17 256.61 500.00 243.39 51.3 55-40-650 WW TREATMENT CHARGES/JFOC 13,390.35 135,557.20 188,000.00 52,442.80 72.1 55-40-690 MISCELLANEOUS EXPENSE .00 115.00 3,000.00 2,885.00 3.8 55-40-730 CAPITAL PROJECTS .00 76,388.94 135,000.00 58,611.06 56.6 55-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 TOTAL EXPENDITURES 36,763.09 487,017.84 670,110.00 183,092.16 72.7 TOTAL FUND EXPENDITURES 36,763.09 487,017.84 670,110.00 183,092.16 72.7 NET REVENUE OVER EXPENDITURES 119,054.76 2,710,691.91 2,079,623.00 ( 631,068.91) 130.4 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:26 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 GENERAL FIXED ASSETS ASSETS 91-16100 LAND 730,630.35 91-16200 ADMINISTRATION BUILDING 208,379.39 91-16203 MAINTENANCE BUILDING 57,722.51 91-16208 HOUSE-400 DOC SUSIE AVE 54,839.27 91-16209 VISITOR CENTER 183,895.00 91-16211 BUSBARN&105 FRASER AVE HOUSE 100,000.00 91-16250 CHURCH 267,000.00 91-16306 PARKS 367,800.08 91-16311 STREET IMPROVEMENTS 3,439,840.00 91-16312 HIGHWAY 40 PATH 8,872.00 91-16490 EQUIPMENT-OTHER 872,015.00 91-16500 OFFICE EQUIPMENT 57,261.75 91-17900 ACCUMULATED DEPRECIATION ( 2,260,048.61) TOTAL ASSETS 4,088,206.74 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74 BALANCE-CURRENT DATE 4,088,206.74 TOTAL FUND EQUITY 4,088,206.74 TOTAL LIABILITIES AND EQUITY 4,088,206.74 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:27 TOWN OF FRASER BALANCE SHEET DECEMBER 31,2013 GENERAL LONG-TERM DEBT ASSETS 95-18100 AMOUNT TO BE PROVIDED 3,131,161.31 TOTAL ASSETS 3,131,161.31 LIABILITIES AND EQUITY LIABILITIES 95-25050 2002 SERIAL BONDS 360,000.00 95-25060 1998 REVENUE REFUNDING BONDS 2,035,000.00 95-25070 1998 GENERAL OBLIGATION BONDS 475,000.00 95-25200 ACCRUED COMPENSATED ABSENCES 15,677.17 95-25500 CAPITAL LEASES KOMATSU LOADER 245,484.14 TOTAL LIABILITIES 3,131,161.31 TOTAL LIABILITIES AND EQUITY 3,131,161.31 FOR ADMINISTRATION USE ONLY 100%OF THE FISCAL YEAR HAS ELAPSED 01/29/2014 09:39AM PAGE:28 Draft January 30, 2014 Waterlaw-PatricklMillerlKropf iNoto,P.C. TOWN OF FRASER WATER& WASTEWATER SERVICE AGREEMENT BYERS PEAK PROPERTIES,LLC; BYERS PEAK DOWNHILL ADVENTURES, LLC The parties to this Water and Wastewater Service Agreement (this "Agreement") are the TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Fraser" or "Town"), and BYERS PEAK PROPERT S, C, d' Colorado limited liability company and BYERS PEAK DOWNHILL AD NT ES LLC a Colorado limited liability company (collectively "Develope RECITALS A. Fraser is a municipal corporation existing under the laws of the State of Colorado. Developer is comprised of two limited liability companies organized and existing under the laws of the State of Colorado; B. Developer has secureean approved sketch plan from Grand County for residential and commercial development on its property, referred generally as Byers Peak Ranch and the Byers Peak Adventure Par more specifically described in Exhibit (referred to herein as "the Property")4 The sketch plan approves 1,233 Single Family Equivalent units ("SFE"), located outside the Town's current boundaries and existing water and wastewater service area, and is attached as Exhibit ; and ,4e % r C. Developer met with Fraser's Board of Trustees on January 22, 2014, and discussed its request for a"will serve" commitment from Fraser for municipal water and sewer service for 1,233 SFE, in return for a variety of commitments made by this Agreement. Fraser's Board of Trustees conceptually agreed to consider Developer's request, subject to an acceptable Water and Wastewater Service Agreement, and directed Fraser's staff to work with Developer to develop the same; and Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 2 of 22 D. The Town is authorized to provide water and wastewater service outside the Town's corporate boundaries pursuant to Colorado law, C.R.S.§ 31-35-402 (2013), C.R.S. § 31- 35-512 (2013), C.R.S. § 31-35-701 (2013), and of the Town of Fraser's Municipal Code ("Code"), § 13-2-50 (g) regarding out-of-town water service [ROD: WE CAN ADD REFERENCES HERE TO NEW ORDINANCES/WASTEWATER+SERVICE AUTHORITY]; and k �^ E. The Town Board has had the opportunity to review with Town Staff and legal counsel the proposed extension of water and wastewater services to the Property, and on (date), Fraser found that the Developer's request for water and wastewater service is in the best interest of the Town, and therefore, passed a resolution approving the extension of water and wastewater service to the Developer's property subject to the execution of this Agreement; and F. Water and Wastewater tap fees monthly metered costs are dictated by the Code; and G. Developer plans to develop the Property in several phases, by recording of successive final plats, and this Agreement will apply to the extension of all water and wastewater service to such approved plats; and H. The water and wastewater service for the Property will require the design, planning, permitting, construction, and installation of water and wastewater lines to connect the Property to Fraser's water and wastewater services, to be built at Developer's cost; and IL 7 I_ he Town agrees to provide Developer water and wastewater utility service pursuant to the terms of the Code and pursuant to terms and conditions specifically outlined in this agreement. G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 3 of 22 NOW THEREFORE, for and in consideration of the premises, mutual promises and covenants herein contained, and for the other consideration offered and accepted, the receipt and adequacy of which is hereby acknowledged, the Town and Developer agree as follows: Potable Water Service 1. Water Service. Upon approval of this Agreement, the Town agrees it"will serve" treated water utility service to Developer for its approved final plat deve pments subject to the conditions set forth in this agreement, the Code, and all other applicable laws, rules and regulations under local, state and federal law. While the Develo anticipates planning multiple phases, in total the final development will not exceed 1,233 SFE. nless otherwise approved by Fraser in writing, and under cost recovery provisions ted below, such water service shall be limited to use by Developer on the Property. 2. Demand Limit and Town Capacity. The Town agrees to provide Developer sufficient water per SFE, to meet Developer's water demands for up to 1,233 SFEs, as such supply is described by the Code. Fraser's Water Rights are adequate to support the potable municipal water service for existing town users, future development and the SFEs on the Property, subjec to terms and conditions set forth herein. Fraser shall be responsible for all app Icable iii lementation, operation and accounting requirements necessary to s rve the Property with adequate water as provided by the Code. 3. Ri eent. er agrees to the following conveyance and leases regarding water right for this r a. Co eyan ce of Storage Water Right. The water rights decreed in Case No. 05CW287, which provide for 25 acre feet of storage, shall be conveyed to Fraser by the applicants and owners of those rights, upon the approval and execution of this Agreement. The quitclaim deed for this conveyance is attached as Exhibit G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 4 of 22 b. Property Deed. Developer agrees to secure a deed conveying acres, from the Grand Park developer to Fraser, so that the Town owns property where it can construct water storage pursuant to Case No. 05CW287. In addition, Developer agrees to convey acres on the Property to Fraser to use for developing water storage related the Forest Meadows augmentation plan decreed in Case No. 83CW362. The acreage conveyed by these property deeds is agreed to count as acreage required to be dedicate Fraser by Grand Park Development, LLC, and within the Grand Park Planned tevelopment District Plan recorded on November 8, 2005 in the real property records of the Clerk and Recorder of Grand County as Reception No. 2005-012709, as amended from time to time (the "Grand Park PDD Plan"), and as outlined on page , paragraph , [- ROD, we need to add a reference]. Such deed shall include language that the dedication satisfies the requirements for land dedication under the and Park Annexation Agreement, and a form for such deed is attached as Exhibit hereto. Access to such deeded parcel shall be provided by easement contemplated in paragraph 3.c. below. c. Grant of Easement. Develope rees to secure an easement to be executed and delivered to Fraser by t ers of the water rights decreed in Case No. 05CW287, so Fraser may construct® and access such storage on the above conveyed parcels, once built by Fraser. Such easement will also include the location for pipelines to deliver and release water supplies for all related facilities. Such easement shall be in the form attached as Exhibit d. Responsible Party. Upon conveyance of the water rights noted herein, Fraser shall be responsible for all operations, maintenance, repairs, and replacements, water court or gency filings or activities of all water rights subject to the conveyance, unless otherwise agreed upon by the parties in writing. The pond(s) under the above referenced water ght Ty be designed to include the storage of additional water rights, and shall include sto#h water detention capacity or any such other water uses that the Town may require for the Property. 4. Leased Water Storage for Fraser. G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 5 of 22 a. Grand Park Storage Water Lease. Developer agrees to secure a lease for physical water supplies from Grand Park Development, LLC, for water stored in the ponds decreed in Case Nos. 99CW315, and 08CW194, for up to 25 acre feet of releasable water, as may be available for Fraser's use, when not otherwise needed for Grand Park Development's or Rendezvous' augmentation releases under Case No. 98CW41. Such lease shall be for a three year term, with an option to renew for an additional 3 years, commencing upon execution of this Agreement. The water shall be leased at a nominal rate to Fraser, as partial consideration for the in-town water and wastewater tap fe , and the in-town water and wastewater monthly service charges agreed upon her 'n. The form of the lease is attached as Exhibit , as finalized upon execution o is Agreement. The lease is 6 intended to provide Fraser with physical water for required releases required by the Town, either as required by the Forest Meadow ugmentation plan decreed in Case No. 83CW362, or as otherwise required by e Tow to meet calling senior water rights. However, it is a short-term lease, whereby arties anticipate that Fraser will build its own storage on the land dedicated Developer, as noted above. b. Byers Peak Storage Water Lease. Developer agrees to lease water to Fraser from future storage anticipated to be built on the Property. Such lease shall be for an amount up to 25 acre-feet from water stored in a future pond system as finally decreed in Case No. lOCW309, for up to 25 ac feet of releasable water, as water may be available for Fraser's use, and is not otherwise needed for Developer's snowmaking or other uses on the Woperty. Developer agrees to decree the storage right in Case No. l OCW309 for uses anywhere within Fraser's boundaries, in addition to uses on Developer's property and Grand Park property. Fraser understands that Developer intends to build storage on the Property in a phased approach, such that the full 25 acre feet may not be available initially. Such lease shall be for a five year term, with an option to renew for an additional 5 years, commencing upon completing final construction of the first phase. The water shall be leased at a nominal rate to Fraser, as consideration for the in-town water and wastewater tap fees, and the in-town water and wastewater monthly service charges. The form of the lease is attached as Exhibit , and shall be executed upon G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 6 of 22 final construction of the storage. The lease is intended to provide Fraser with physical water for any required releases required by the Town, either as required by the Forest Meadows augmentation plan decreed in Case No. 83CW362, or as otherwise required by the Town to meet calling senior water rights. However, it is a short-term lease, whereby the parties anticipate that Fraser will build its own storage on the land dedicated by Developer, as noted above. klk c. Operations, Maintenance, Repairs and Replacement for Infras ture. All infrastructure that provides stored water under the two leases noted in thi secti 4 shah be operated, maintained,repaired and replaced at Developer's sole cos 5. Water Service Plant Investment Fees. Develop sha Fraser's water service plant investment fees based on the in-town water plant ' vestm t fee charged generally by Fraser and governed by the Code at the time of connectio or example, the current Fraser water tap fee for out of town service is $7,700 per S under the Code. Such fee shall be paid in full per SFE at the time when a building pe ssued by the County, and the fee per SFE controlling at the time of building permit is ce shall be charged. Each water plant investment fee must be paid in full prior to Frase ve g water to the SFE at issue. The Developer agrees that its County approvals shall include a requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior to the County accepting a landowner's plan set for County review. Fraser agrees it will not increase the Property's water service plant investment fees to fees higher than that for all other in-town property owners. 6. Monthly Water Service Fee. Developer's monthly water service fee shall be determined and billed to each lot owner by Fraser on the Property in accordance with the Code provisions. If monthly,,service bills are not timely paid, Developer agrees that Fraser may use any means under its Code or other state or local law, including discontinuing service to the individual connection, to enforce timely payments. Developer agrees to include such details in any property owner association covenants. Fraser agrees it will not increase the Property's monthly water service fees to fees higher than that for all other in-town property owners. G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 7 of 22 7. Raw Water Irrigation. Developer shall install, at Developer's sole cost and expense, a non-potable irrigation system to irrigate all open space or areas that are not individual lawns, so that such non-lawn areas are to be irrigated in accordance with the final plat approved by Grand County. However, water supply for fire hydrants and public drinking fountains shall be made in compliance with the Code. Irrigation with Fraser's potable water shall be limited as required under the Code, and this restriction shall be noted by Developer in any homeowners covenants. I AL 8. Future Water Right Cases. The Developer agrees not to oppose any water rights application filed by Fraser for the purpose of findings of reasonable diligence, making absolute or otherwise utilizing the Conveyed Water Rights and/or utilizing them as a part of its water rights inventory in connection with any plan for augmentation or other water rights that are a part of its municipal water system. In addition, Fraser agrees that it will not file opposition to future diligence cases related to the water rights that A,the PiVerty, including but not limited to water rights decreed in Case No. IOCW309. 9. Raw Water Line Easement. It is important to Fraser that it can utilize its water rights in St. Louis Creek f their decreed beneficial uses. As partial consideration for this Agreement, Developer agrees to assist in enabling Fraser to be able to divert and use its St. Louis Creek wSer ights given that water delivery under such rights may need to cross the Prope diverted as further provided in this paragraph. As a part of constructing Developer'os diversion and transmission facilities from St. Louis Creek to the storage the Property, and/or when constructing either water or sewer lines on Pro rty, o co nction with such other alignment that is cost effective to install the St. s Cr transmission line as determined by Fraser and Developer; Developer agrees t operate with Fraser to include the installation of a raw water transmission line in the open trenches for such facilities so Fraser may divert its municipal water rights out of St. Louis Creek and convey the water to the Town water treatment facility or future storage locations. Developer also agrees to provide Fraser with any reasonably necessary easement across the Property that will allow Fraser access to such G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 8 of 22 raw water lines. Any additional costs incurred by Developer in fulfilling this responsibility will be paid by Fraser at the time that such costs are incurred. In addition, until such time that Fraser diverts and applies its St. Louis Creek water rights to the Town's beneficial uses, Fraser agrees that, on an annual basis, Developer may use those portions of its St. Louis Creek water rights not otherwise committed to other uses or parties for decreed purposes, at no cost, on the Property in order to keep such lands properly irrigated and to reduce dust within Fraser. Such e is an important municipal use for Fraser to promote the irrigation of fields adj ent Fraser's other residential components for aesthetic and dust control purpos s among other municipal purposes. Fraser will notify Developer of the availability such water and the parties shall discuss its uses each year, as may be appropriate, on or before April 15 of each year. Fraser may notify Developer at any time that such water will no longer be available for use. Finally, Developer a Fraser agree to amend the Norgren Agreement, dated May 6, 1981, in the form att ed as Exhibit , to be consistent with this Agreement. 10. On-site Wells. Section -20 of Fraser Code provides, and Developer agrees herein that on-site wells a t itted®on the Property except as approved by Fraser or as agreed upon he ein. Fra acknowledges the Developer's ponds may intercept groundwater, and if they do e ponds will require well permits from the State Engineer. While such ponds are technically wells if they intercept groundwater and therefore are subject to the provisions of Section 13-2-20 of the Fraser Code, Fraser hereby determines that such "wells" are not contemplated by such Section, that a franchise under the laws of the State is not necessary if the ponds are deemed to be "wells," and that the same, if deemed to be "wells" by the State Engineer, are hereby approved,as exceptions to the Code. Fraser also acknowledges that the Colorado Adventure Park's water supply currently is provided through a permitted well. The water service for the Adventure Park shall be provided by Fraser upon payment of plant investment fees, the installation of a G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 9 of 22 municipal water service line within 200 feet of the well; or upon connection to Fraser's municipal water system at any time agreed upon by Developer and Fraser. Until such connection is made as provided herein, the current permitted well is approved as a limited and temporary water source of supply for the Colorado Adventure Park and a franchise is not necessary to be obtained under Section 13-2-20 of the Fraser Code for the same. At the time that such water service connection is made, Fraser and Developer agree Developer may continue the use of such well for equestriansnowmaking, and other non-potable uses within the Project as may be appropriate, subject to the final approval of Fraser. There shall be a presumption that the well will be continued for such permitted non-potable uses on the Property and any well permit shall be changed as needed by the Developer, depending upon the ultimate wate uses of the same. Under no circumstances shall the well be used for potable purposes after the Colorado Adventure Park is connected to Fraser's unicipal water system, absent written agreement with Fraser, and there shall be no c con ections. All potable uses of the well shall terminate upon the connection of the A nture Park potable system to the Fraser municipal water 4system. on connecting the Adventure Park to Fraser's municipal water system, agr it shall ins tall, at its sole cost and responsibility, proper cross-connection an prev tion devices and shut-off mechanisms for well operation and maintenance. , maintenance, repair and replacement of the Adventure Park well shall be at Developer's sole cost and responsibility. 11. Resolution of Forest Meadows Augmentation Plan. Grand Park Development, LLC has raised concerns in the past with the Town regarding Fraser's obligations and Grand Park Development's rights under the water rights and augmentation plan decreed in Case No. 83CW362, under the Annexation of the Forest Meadows property dated October 21, 1981, and under the Meyer Agreement dated June 6, 1990. As partial consideration for the in-town water and wastewater plant investment fees and in-town service fees, the Developer has secured Grand Park Development, LLC's and Cornerstone Winter Park Holdings' (referred to herein as "Grand Park") agreement to resolve all outstanding claims regarding this parcel. In addition, Developer has secured Grand Park's agreement that the storage leased herein and storage water right G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 10 of 22 conveyed herein both may operate as the stored local augmentation water required by the Forest Meadows augmentation plan. Further, Developer agrees and has secured Grand Park's agreement that neither will enter opposition to any change cases or substitute water supply plans that may be necessary to operate the Forest Meadows augmentation plan decreed in Case No. 83CW293. Such agreement by Grand Park is attached as Exhibit WASTEWATER SERVICE 12. Wastewater Service. Upon approval of this Agr en ser will provide municipal wastewater/sanitary sewer service to the Proper y to erve the final plat adopted by Grand County, up to a maximum of 1,233 SFE, subject to the terms and conditions set forth herein and the applicable provisions of the Code. To the extent that Fraser requests that the sewer facilities to be constricted to serve the Property be constructed with excess capacity tha not the ect of reimbursement and Fraser, in its discretion, desires to have xcess capacity created, Fraser agrees it will pay the costs of the same at the time such cost are incurred. To the extent that another property owner requests that Developer's sewer facilities be constructed with excess capacity to serve suc Sat ther property, such other property owner shall pay the costs of the same at the time suc c sts are incurred. To the extent that properties outside of the Property utilize any se er facilities constructed by Developer, the users thereof shall reimburse Developer for the costs of such sewer facilities in proportion to the uses by properties outside the Property and those within. 13. ste ter Plant Investment Fees. Developer shall pay Fraser's wastewater service plant inve ent fee based on the in-town wastewater plant investment fee charged generally by Fraser and governed by the Code at the time of connection. For example, the current Fraser water tap fee for out of town service is $7,500 per SFE under the Code. Such fee shall be paid in full per SFE at the time when a building permit is issued by the County, and the fee per SFE controlling at the time of building permit issuance shall be charged. Each wastewater plant G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 11 of 22 investment fee must be paid in full prior to Fraser connecting its sewer service to the SFE at issue. The Developer agrees that its County approvals shall include a requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior to the County accepting a landowner's plan set for County review. Fraser agrees it will not increase the Property's wastewater service plant investment fees to fees higher than that for all other in-town property owners. Vk 14. Monthly Wastewater Service Fee. Developer's monthly waste ter service fee shall be determined and billed to each lot owner on the Property in accordance wi the Codeprovisions. If monthly service bills are not timely paid, Developer agrees at r ay use any means under its Code or other state or local law, including discontinuing ese ice to the individual connection, to enforce timely payments. Developer grees to include such details in any property owner association covenants. 15. Individual Sewage Disposal ems. Fra acknowledges and approves the existing Individual Sewage Dispos stem as defined by and regulated by Colorado law ("ISDS") that serves the Colorado v nture Park. Such ISDS may continue in operation until the sooner of the follo ng events occurs: (a) the installation of a public sewer main within 200 feet of the ISDS; or (b) at such time that the Colorado Adventure Park facilities are ected to the municipal water system of Fraser. Prior to connection, the landowner i required to pay the Plant Investment Fee required by the Town. After any one of the above events occurs, the parties agree that the Colorado Adventure Park shall connect to Fraser's municipal sanitary sewer system and the ISDS shall be abandoned, in accordance with local and state laws and regulations. TERMS APPLICABLE TO BOTH WATER AND WASTEWATER SERVICE 16. Connection to Fraser's Water Supply and Wastewater Service. G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 12 of 22 a. Design for Connection. Developer shall provide design and engineering information for the water service connection lines and/or wastewater service lines to Fraser not less than 30 days prior to construction for Fraser's approval, which shall not be unreasonably withheld. Such designs and plans shall be in compliance with the Grand County development approvals. The parties agree that all design and construction shall also be in compliance with Town connection standards and sizes, as governed by the Code and Tow egulations. Upon Fraser's approval of construction plans and after any equired easements are secured and demonstrated to Fraser (and complia ce wi other terms of this Agreement), then construction can begin. b. Connection Costs. Developer shall be solely respo 'n le or all costs, materials, labor and fees required to connect water rvice lines to Fraser's water main lines, and for connecting wastewater ervice lines t raser's main sewer lines, including Town inspection charge . The Plant Investment Fees, referenced above, constitute Fraser's revenue sou of all other water and wastewater infrastructure that ma be needed to deliver water to the Town and the Property, including but not limited to'*d'onal capacity, regional facilities, wells, water treatment plants, water storage, and water tanks. c. Installation Costs. Developer shall install all service lines, stub-outs, main lines, meters and necessary improvements and facilities upon its property at its sole cost expense including provision of all insurance. No reimbursement shall be llo ed for the line installation. ents. All required easements for water and wastewater service lines, both -s' and off-site of the Property shall be obtained by Developer, and proof of ch easements shall be provided to Fraser prior to constructing such lines. Such easement agreements shall be in the customary and usual form required by Fraser for water and wastewater service lines and infrastructure, and shall be obtained and finalized at Developer's sole cost. e. Ownership. Developer shall provide the Town with reproducible mylar as-built drawings and AutoCAD drawing data on disc, easements for all water and G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 13 of 22 wastewater lines and facilities in scope and form reasonably acceptable to Fraser, and as required by the Code. Developer shall also assign all material and labor warranties and certification by a Colorado professional engineer that facilities have been built in accordance with the Code and related Town standards and are in proper condition. The requirements of the Code for acceptance by Fraser of any water main lines, wastewater main lines, or other required i vements shall be met prior to Fraser providing service to any of e lines fired improvements. Developer shall convey all main water'and wastewater service lines, related infrastructure and easements as may b requi d by the Code, upon approved completion of such lines. 6 f. On-Site Improvements. All service lines and necessary improvements and facilities on the Property shall be installed at Developer's sole cost, without any reimbursement from the Town, except as noted above for oversized capacity. g. Cost Recovery. Developer agrees that it will not allow any water or wastewater users, other than landowner within th5 approved County final plats for the Property, to access water or wastewater lines, any water or wastewater improvements, or service w1 t written consent from the Town. If users that are not owners of the Prope seek to connect to the line, they will either be required to enter an out of town water agreement with Fraser, or annex to the Town, w o ton at Fraser's sole election. To the extent the Town determines at o er users may connect to the Developer's water service or astewater s ice lines, Developer shall be entitled to cost recovery based upon pro rata usage or some other equitable formula as agreed to by the parties. A IV 17. cess a aci . Developer is only responsible for costs associated with water and waste ater lines that are reasonably required to service the Property. To the extent the costs of any excess capacity of any water or wastewater lines constructed by Developer become the subject of reimbursement agreement with other parties using such excess capacity, Fraser agrees Developer shall be entitled to receive all reimbursements received and/or plant investment fees paid in proportion to the excess G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 14 of 22 capacity utilized, but not to exceed such proportionate costs. To the extent water and wastewater lines constructed by Developer for the Property are utilized to the benefit of other property not within the Property, Fraser agrees to reimburse Developer for the proportionate cost of such lines in proportion to the use by such other property based on the cost to Developer of such lines and limited by actual plant investment fees paid to Fraser by the owners of such other property. The payment of such reimbursable amounts shall be due to Developer quarterly based on the funds r eived from other properties beginning with the first quarter after the subject lines e ac ted by Fraser. To the extent that Fraser requests that the water or wastewater lines be constructed with excess capacity that are not the subject of reimbursement and Fraser, in its discretion, desires to have such excess capacity created, Fraser aftes it shall pay the costs of the same at the time that such costs are incurred. Fr er agrees it will not add any users that are not on the Property to either wa r or stewater lines that are built by Developer unless it complies with this section_ 18. Infrastructure Construction, Conveyance and Warranty. Developer agrees to conform to the development standards in the applicable provisions of the Code with regard to infrastructure construction related to water and wastewater service. For a period of one year after approval and dedication of all of the required improvements to the Town, which approval shall not be unreasonably withheld, Developer shall warrant the construction, installation and survivability of the required improvements to the standards required by the Code. At Developer' so cost and expense, Developer agrees to make all needed and necessary repairs and replacements required for Code compliance, including but not limited to, defective Pe materials, design or workmanship, breach of contract, failure to abide by approved plans or standards, but not associated with ordinary and normal wear and tear. Developer agrees that notice of c,pmpletion, all inspections and warranty notice timing shall be as dictated by the Code and Fraser's regulations. 19. Future Annexation. Developer agrees that it will not annex the Property to any other municipality without Fraser's written consent. Should the Property ever be annexed to the G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 15 of 22 Town, then Developer agrees that it will comply with various annexation water obligations as may be required by the Town at that time, but that water rights dedication, water plant investment fees, and wastewater plant investment fees are governed by this Agreement. 20. Transfer of Water and Sewer SFEs. In addition to the rights to transfer density set forth in Sec. 16-5-630 of the Fraser Code, Developer shall have the right to transfer water and sewer SFEs from the Property to adjacent property subject to the following conditions: a. The property receiving the transferred SFEs must be within the boundaries of Fraser. b. The transferred water SFEs shall remain subject to Fraser's Plant Investment Fee payment structure for the water SFEs set forth herein irrespective of the payment structure for SFEs associated v�ith the receiving property. The transferred sewer SFEs shall remain subj t to the ayment structure for the sewer SFEs set forth in the Fraser de irr spec e of the payment structure for SFEs associated with the receivi roperty. c. The receiving property s remain su',ject to all other provisions of the Fraser Code. Any transfer proposed must be prove raser, which approval shall be based upon confirmation and satisfaction of these con itions. Sk 21. Term. This Wat and Wastewater Service Agreement shall be for a period of forty-five (45) years with a right to renew such arrangement automatically for an additional forty-five (45) years from the day and year first above written, on the same terms. Regardless of the term noted herein, an water service and wastewater service connected to the Town system pursuant to this agreement shall not be disconnected upon the term's completion; rather the parties will determine how new service agreement may fairly continue to provide water and sewer service to the Property. 22. Guarantee of Water Quality, Quantity or Pressure. The Town agrees to treat its water to meet all mandatory local, state and federal potable water standards. To the extent that all water and wastewater lines and infrastructure are accepted and properly conveyed to Fraser, then G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 16 of 22 Fraser shall guarantee delivery of potable water, of the same quality, quantity and pressure that is provided to Fraser's residents. 23. Enforcement. The parties recognize and agree that the Town has the right to enforce its rules, policies, regulations, ordinances and the terms of this agreement by the disconnecting the water supply provided hereunder. Without limiting the foregoing, Developer agrees that the Town may also enforce any violation of the Town's rules, policies, regul 'ons, ordinances, or Code provisions by injunction as allowed by Colorado law. If 24. Public Utili . Status. The parties agree that for purposes of this out- f-town service, the Town is not a public utility for water service compelled to serve other properties, or subject to review by Colorado's Public Utility Commission. To the extent allowed by law, Developer agrees that neither it, nor its successors in inte est or assigns shall at any time petition the Colorado courts, the Board of County Commission of Grand County, the Town, or the Public Utilities Commission or any other gove ntal entitiello require service to any property or to acquire jurisdiction over the water e or water collection and treatment systems of the Town. 25. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right other right it may have hereunder. 26. s. All notices required to be given shall be deemed given upon deposit in the U 4Vis States mail, first class postage prepaid, properly addressed to the person or entity to whom t the address shown herein, or at such other address as shall be given by notice pursuaragraph: Town o f Fraser: Rodney R. McGowan, Esq. Fraser Town Manager Cazier,McGowan &Walker P.O. Box 370 P.O. Box 500 G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 17 of 22 153 Fraser Avenue Granby, CO 80446 Fraser, CO 80442 rmcgowan@gwestoffzce.net Developer: Byers Peak Properties, LLC With copy to: Byers Peak Downhill Adventures, LLC Ramsey Kropf, Esq. P.O. Box 30 PatricklMillerlKropf� to P. Winter Park, CO 80482 197 Prospector Road, S e 2104 Attn: Clark Lipscomb Aspen, CO 81611 clark@cstoneholdings.com kropmw 27. Force Majeure. No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, floods, drought or other similar occurrences outside of the control of that party. I IV 28. Severability. If any p ion of this Agreement shall be or become invalid or unenforceable, the remainde e visions of this Agreement shall not be affected thereby, and each and every provision shal enforceable to the fullest extent permitted by law. 29. Amendment. Except as xpressly provided for herein to the contrary, this Water and Wastewater Service Agreement may not be amended, except by subsequent written agreement of the parties. 30. e Developer shall indemnify and hold the Town harmless from any liability for events or currences arising from the Town entering this Agreement and/or providing water or wastewater service to Developer, except where such liability arises due to the negligence or willful misconduct of the Town. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of and defense or limitation available to the Town under the Colorado Governmental Immunity Act or other applicable law. Fraser shall indemnify and hold G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 18 of 22 Developer harmless from any liability for events or occurrences arising from the Developer entering this Agreement and/or connecting to the Town's water and wastewater service, except where such liability arises due to the negligence or willful misconduct of the Town. Notwithstanding this provision, Developer shall secure and name Fraser on an insurance policy covering all construction of the water and wastewater services contemplated herein, at Developer's sole cost, not less than $ 31. Attorneys' and Engineers' Fees. Should any party hereto employ an attorney for the purpose of enforcing or construing this agreement, or any judgmen based on this eement, for any reason or in any legal proceeding whatsoever; including ins ency, bankruptcy, arbitration, declaratory relief or other litigation, including appeals or r ing, d wether or not an action is actually commenced; the substantially prevailing pa\or entitled to receive from the other party or parties thereto reimbursement for 1 reae rneys' fees, engineering fees and all costs and expenses. Should any judgment o r be issued in that proceeding, said reimbursement shall be specified therein. 32. Assignment. This agree t shal t be assigned by Developer without the written consent of Fraser, and Developer agrees that such consent may be withheld in the event Fraser determines in its reasonable discretion that the proposed successor or assign does not have PF financial capacity to perform the obligations of Developer herein. 33. Entire Agreement. is agreement constitutes the entire agreement between the parties with respect hereto and supersedes all prior written and oral agreements and representations of the parties. 34. Bi in Effect. All terms of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective lessees, heirs, representatives, successors, and assigns. G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 19 of 22 35. Authorization. By executing this agreement, the parties acknowledge and represent to one another that all procedures necessary to contract and execute this agreement have been performed and that the person(s) signing for each party have been duly authorized to do so and to bind said party to the terms and conditions hereof 36. Execution. This Agreement may be executed in multiple parts as originals or by email or facsimile copies of executed originals; provided however, if executed and 'dence of execution is made by electronic copy, then an original shall be provided to the oth p s)within seven days of receipt of said electronic copy. 37. Recording. This Agreement shall be recorded in the real property records of the Clerk and Recorder of Grand County, Colorado, and shall constitute constructive notice of this Agreement and all of its individual provisions. (Remainder of page left blank intentional G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 20 of 22 IN WITNESS WHEREOF, the parties have set their hand and official seals the day and year first above written. TOWN OF FRASER, COLORADO By: It Margaret"Peggy" Sm ,May 153 Fraser Avenue P.O. 70 Fra r, CO 81637 ATTEST: Lu Berger, Town Clerk BYERS PEAK PROPERTIES, LLC C. Clark Lipscomb, President As Authorized Agent for and on behalf of Byers Peak Properties, LLC G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 21 of 22 BYERS PEAK DOWNHILL ADVENTURES, LLC C. Clark Lipscomb, Pre ident As Authorized Ag t for and on behalf of By Peak Properties LC G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 22 of 22 STATE OF COLORADO ) SS. COUNTY OF GRAND ) Subscribed and sworn to before me this day of , 2014, by Margaret"Peggy" Smith, as Mayor, and by Lu Berger, Town Clerk, Town of Fraser olorado. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO SS. COUNTY OF GRAND Subscribed ands bef� e me this day of , 2014, by C. Clark Lipscomb as authorized agnt for and on behalf of Byers Peak Properties, LLC and Byers Peak Downhill Adventures, LLC. Witness my hand and official seal. My Co fission expires: Notary Public G:\users\13oard\2014 Packets\2014-02-05\7a WATER and WASTEWATER SERVICE AGREEMENT Draft to TOF 130 14.docx