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HomeMy Public PortalAboutTBP 2014-06-11� 7 � Town Board Briefing May 28, 2014 Please note that Members of the Board may have dinner together @ 5:30 p.m. at the Fraser Town Hall. It's been an extremely busy week here at Town Hall, but we've gotten a lot of good work accomplished. The Fraser US 40 Highway Improvement Project Agreements have been executed and we are wrapping up our project engineer agreement with Bowman while we gear up our administrative team, the CR 804 Project bids are due Monday and we are preparing for the public meeting we'll host at the Historic Church on the evening of June 121", our crews are working hard to prepare town for the Ride the Rockies folks, and lots of other fun stuff. During the Workshop Session I'd like to discuss our annual Town Board Retreat. I really want to set up a great retreat as I believe this to be very important. So, I'd like to hear from the Board regarding what you hope to accomplish and your expectations (I think staff probably has some suggestions too). We could also use some of this time to hear feedback from the Board regarding how we are doing now that you have a couple months "under the belt." Please note that I'm not planning on having the Town Attorney at the meeting, and have also not proposed an executive session. I believe the CR804 IGA is straight forward, and given our prior discussions and the mutual concurrence of both the Town and County Attorneys, those won't be necessary. Please let me know if you'd like otherwise. Also, I'll provide more details during the meeting regarding the community meeting. All the entities are working well together and coordinating the agenda. As we continue to work diligently toward a fall 2014 schedule for the Fraser US 40 Improvement Project, and will likely only have one meeting in June, I've preparing a resolution for Board consideration for authorization to execute a contract with Bowman Vision Land Engineers to serve as our Project Engineer. The agreement is based upon our standard public services contract and well within the project budget. Attached and in your packet you will find detailed briefings on the other matters. As always, feel free to contact me if you have any questions or need any additional information. Jeff Durbin Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, May 28, 2014 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro -Tem Philip Naill; Trustees; Eileen Waldow, Katie Soles, Cody Clayton Taylor, Andy Miller and Jane Mather Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Plant Supervisor Joe Fuqua, Town Attorney Rod McGowan Others: See attached list Mayor Smith called the meeting to order at 6:02 p.m. Regular Meeting: Roll Call 2. Approval of Agenda: Trustee Soles moved, and Trustee Miller 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 compliance and default provisions and to include, Town Manager Durbin, Town Attorney McGowan and Public Works Director Nordin Trustee Soles moved, and Trustee Mather seconded the motion to enter executive session. Motion carried: 7-0. Enter: 6:03 p.m. Exit: 6:57 p.m. Trustee Soles moved, and Trustee Miller 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 —, 2014 b) Resolution 2014-05-05 Approving Subdivision Exemption Plat — Amended Lot 26, EMF1 C) Resolution 2014-05-06 Approving Subdivision Exemption Plat — Amended Lot 43, EMF1 Trustee Soles moved, and Trustee Naill seconded the motion to approve the consent agenda. Motion carried: 7-0. 5. Open Forum: 6. Public Hearings: 7. Discussion and Possible Action Regarding: a) United States Forest Service (USFS) Update Reed Armstrong and Craig McGuire briefed the Board on the upcoming and continuing projects in the Arapahoe Forest District. b) Resolution 2014-05-07 Authorizing Execution of Agreements Relative to the Fraser US Hwy 40 Improvement Project TM Durbin updated the Board on the progress of the project. TA McGowan outlined the project agreement process in regards to this project and the partners. Trustee Taylor moved, and Trustee Waldow seconded the motion to approve Resolution 2014-05-07 Authorizing Execution of Agreements Relative to the Fraser US Hwy 40 Improvement Project. Motion carried: 7-0. C) Resolution 2014-05-08 Waste Water Treatment Plant Loader Replacement TM Durbin and PS Fuqua outlined the need for the loader, the budgeted amount in the joint facilities fund and the funds expended by the partners. PS Fuqua outlined the difference between purchasing a used and a new loader. Trustee Miller moved, and Trustee Waldow seconded the motion to approve Resolution 2014-05-08 Waste Water Treatment Plant Loader Replacement. Motion carried: 7-0. 8. 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 Public Page 3 of 3 Utilities Commission Application, and to include, Town Manager Durbin, and Town Attorney McGowan. TM Durbin gave a brief outline of the nature of the executive session. Trustee Miller moved, and Trustee Soles seconded the motion to enter executive session. Motion carried: 7-0. Enter: 8:15 p.m. Exit: 9:07 p.m. Trustee Naill moved, and Trustee Mather seconded the motion to exit executive session. Motion carried: 7-0. Attorney's Opinion Required bV 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. Rod McGowan, Town Attorney 9. Other Business: TM Durbin asked that the business license fees for Grand Kids and Fraser Creative Learning Center be waived. Trustee Miller moved, and Trustee Soles seconded the motion to waive the fees. Motion carried: 7-0. Trustee Soles moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 9:45 p.m. Lu Berger, Town Clerk a� G1��p O m33t �°'~3m omo N O M O d Y M. z d F- C t `N l4 r+ •O = K L 3 °' L -•M L C V iii L p m '� `° c c c �a N o ec 'a -a Gs O C t9 E = O = O ca M 3Em'�� £ .C/) 3 fu, -j d _L CL 0 M 'a°M tLC �MtM O L •�Y A O M M O N�v,s � Q L O O 0 CL, �' M M G1 V I -N MS M L _M " V 'W i •� E _ ca C as E 5 +O+ ++ i cnR<` (n co J C T3 O d O N C L V °3 a v cc O v E -6 to M a 0 M 0 �_� o co t3 ,r v 0,0 Mm O i L 41 L N N �3�m�, O v Q. M M O Co•- 0 04Z CL O N O y0, M M � M �_ 3 C V C Rf V M C L. '3 i d O s 4° C c 0 N M �.. L C O C G) p 4)d N O O Q.m V O M d Q O = 3 i > 'ocm L C a 0�a o `° �M- > .� >>% M O L A i O 0 0 '�' L ,. O M 4- O= 0 O Q d O N'C O- M d d O M ++ M M `- A Ems.+ OL. E O >+ N Q. +� 0).19 Sr - O A® Q M O i 'L N •� d .0 E— �M m L. 0)+�+ � O i 0.'X C 'a M K L- lC s a. a.— �'� d d m M O a t 'a N _C °� N> C M M M O ++ = .0 �+ O LL � a1 '� � � � OU. p 0 C V' }' C O _ C O COm40 �c4 a) • _ O M i C Comma) R aE tCc C 00 9,V i s m p 'a C4- QC a� U N 'p ` pU) p m '� 0— .C/) 3 fu, -j °,3Z n O < c) cnR<` (n co J oma co •� r W U) s W W G z f�y �, �,i INTERGOVERNMENTAL AGREEMENT CR 804 Improvements THIS AGREEMENT is made and entered into effective , 2014, by and between the TOWN OF FRASER, COLORADO (herein referred to as "Fraser"), and the COUNTY OF GRAND, COLORADO (referred to as the "County"). ARTICLE 1.0 - RECITALS AND PURPOSE 1.1 Fraser and the County are political subdivisions of the State of Colorado. 1_2 The constitution and Statutes of the State of Colorado, particularly Part 2, Article 1, Title 29, Colorado Revised Statutes, as amended, authorize political subdivisions to enter into agreements which may be of mutual benefit to both parties. 1.3 Fraser and the County desire to confirm their understanding and agreement on certain cooperative matters, as set forth in this Agreement. 1.4 This Agreement has been authorized and approved by the legislative body of each of the parties hereto. NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein, the parties agree as follows: ARTICLE 2.0 - COUNTY ROAD 804 IMPROVEMENT PROJECT AND PROVISONS REGARDING FRASER PORTION 2.1 The County is preparing to advertise for bids and award a construction contract for roadway improvements to a portion of County Road 804 ("CR 804"), also known as "Meadow Mile", within the County -owned right-of-way, which will include installation of a new concrete pan, road widening and asphalt overlay (the "CR 804 Project "or "Project"). Fraser owns the right-of-way for the portion of CR 804 within the Town boundaries, from the intersection with U.S. Highway 40 to the Town boundary where the County portion begins (the "Fraser Section"). The parties desire to provide for improvements to the Fraser Section as part of the County's CR 804 Project, in accordance with the terms provided herein. 2_2 The Fraser Section will be included in the plans and specifications for the CR 804 Project, which plans and specification will be subject to Fraser's review and approval. Such approved plans and specifications for the Fraser Section will be included as a separate bid item in the advertisement for bids for the CR 804 Project. 2.2.1 Upon opening of the bids, the County will consult with Fraser regarding the bid(s) received for the Fraser Section, and the County and Fraser must agree on the bid award for such Fraser Section or the bid(s) for that Section will be rejected. Intergovernmental Agreement Page 1 of 4 2.2.2 If the parties agree upon the award of the bid for the Fraser Section, that Section will be included in the construction contract entered into by the County for the CR 804 Project. The County agrees that such construction contract shall require that the contractor name both the County and Fraser as obligees on the performance and payment bonds and as beneficiaries of all indemnifications and warranties to be provided by the contractor for the CR 804 Project, or at least for that portion of the Project which includes the Fraser Section. Fraser shall also be included as an additional named insure on any insurance policies specifically required to be provided by the contractor in connection with the Project. The contract shall also provide for delivery of as -built plans for the Fraser Section to Fraser upon completion of the Project. 2.2.3 The County and its consultants shall be responsible for overseeing and administering construction of the CR 804 Project, including the Fraser Section. In the event unforeseen conditions arise during construction that require changes to the plans or an adjustment of the contract price relating to the Fraser Section, the County will consult with Fraser regarding such conditions and obtain Fraser's approval for any such changes or adjustments. 2_3 Fraser and the County agree to share the costs of the improvements to the Fraser Section in equal portions (50% each). The County will pay the contractor for the improvements and will provide an accounting of the costs attributable to the Fraser Section to Fraser at the conclusion of the Project or periodically as the construction progresses. Fraser agrees to reimburse the County for its share of such construction costs within thirty (30) days after receipt of the invoice(s) for same from the County. ARTICLE 3.0 - INDEMNIFICATION; APPROPRIATIONS 3.1 Each party agrees to indemnify and hold harmless the other party, its employees and agents, from and against all claims, damages, liability and awards, including costs and attorney fees, arising or incurred as a result of any breach of this Agreement or any act or omission by the indemnifying party or its employees or agents relating to matters covered by the terms of this Agreement; provided, however, in case of liability to a third -party arising from a dangerous condition of CR 804 during construction of the Project, the party with jurisdiction of the portion of CR 804 involved in such claim shall bear the liability to the extent not covered by insurance. 3_2 Each party represents to the other that it has appropriated sufficient funds to pay its share of the costs of the CR 804 Project according to current estimates of such costs. This Agreement is not intended to create any debt or other multiple -fiscal year financial obligation of either party, and payment of any funds may become due in any subsequent fiscal year is subject to annual appropriations. Intergovernmental Agreement Page 2 of 4 ARTICLE 4.0 - MISCELLANEOUS PROVISIONS 4_1 Any notice hereunder shall be in writing and may be given by mailing to the address set forth below for the parry for whom the notice is intended, to be effective one day after delivery to a national overnight delivery courier service, cost prepaid, or three days following deposit in the United States mail, certified mail, return receipt requested, postage prepaid, or by actual delivery to the parry by other means including facsimile or e-mail. Mailed notice shall be addressed as follows: COUNTY County Manager Grand County Courthouse P.O. Box 264 Hot Sulphur Springs, CO 80451 FRASER Town Manager Town of Fraser P.O. Box 370 Fraser, CO 80442 4_2 Both Fraser and the County are entitled to the protections and immunities provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended. Nothing contained herein is intended, nor shall any provision hereof be construed as a waiver of such protections and immunities. 4_3 This Agreement embodies the entire agreement and understanding between the parties relating to the subject matter hereof and may not be altered or amended except by a writing signed by both parties and specifically referring hereto. 4.4 Counterparts. A copy of this Agreement may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties. Execution of this Agreement may be evidenced by copies of signature pages sent by e-mail or facsimile. Documents with original signatures will be provided upon request of any party. IN WITNESS WHEREOF, the parties have executed this Agreement, effective the date first above mentioned. Intergovernmental Agreement Page 3 of 4 COUNTY FRASER GRAND COUNTY, COLORADO TOWN OF FRASER, COLORADO BY: BY: Chairperson, Board of County Commissioners ATTEST: County Clerk ATTEST: Mayor Town Clerk Intergovernmental Agreement Page 4 of 4 TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2014-06-02 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE GRAND COUNTY REGARDING THE COUNTY ROAD 804 PROJECT WHEREAS, the Town Board finds that County Road 804 within the Town of Fraser is in need of repairs and this can best be accomplished in a cost effective and timely manner in cooperation with the Grand County and Winter Park Ranch Water and Sanitation District Projects. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: 1. The Town Manager is hereby authorized to execute the attached Intergovernmental Agreement with Grand County and to expend funds for the project accordingly. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS day of 12014. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2014-06-03 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH THE BOWMAN VISION LAND ENGINEERS FOR PROJECT ENGINEER SERVICES FOR THE FRASER US 40 IMPROVEMENT PROJECT WHEREAS, the Town Board finds that the Fraser US40 Highway Improvement Project effectively leverages private improvement traffic signal projects at Rendezvous Road and First Street toward funding capacity improvements which provide significant public benefit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: 1. The Town Manager is hereby authorized to execute a public service contract for Project Engineer services for the Fraser US 40 Improvement Project to be paid from funds previously appropriated for such project, subject to approval of the final form by the Town Attorney. 2. The Town Manager is also authorized to take all steps necessary to implement the project expeditiously, including the expense of General Funds and prompt reimbursement requests in accordance with the project budget. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS day of )2014. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: Mayor Smith and the Board of Trustees FROM: Lu Berger, Town Clerk DATE: June 2, 2014 SUBJECT: Fraser Valley Lion's Club Flea Market Fundraiser Non -Profit Sales Tax Exemption Request MATTER BEFORE BOARD: We have received a request from the Fraser Valley Lion's Club to waive the requirement of non- profits to remit sales tax to the Town of Fraser for the Non -Profit Flea Market Fundraiser they are hosting on June 14, 2014. ACTION REQUESTED: A motion to waive the Town of Fraser sales tax remittance requirement for the Fraser Valley Lions Club and the non-profit entities participating in the Flea Market being held on June 14, 2014. (note that this action does not waive the state or county sales taxes) BACKGROUND: In conjunction with our Special Event Permit process we would like to make the Town of Fraser a welcoming and hospitable place for non -profits to gather and conduct their fundraising activities. By waiving the requirement of non -profits to remit local sales tax, we believe this is a step in the right direction All entities that sell goods within the Town of Fraser are required, by law, [§39-26-103 C.R.S.] to obtain a sales tax license, collect and remit state, county and local sales tax on all sales. As you are aware our County has a plethora of non -profits, most grass roots organizations, pulled together for a common cause. Most don't have paid staff members that manage day-to-day activities, or that are well versed in State sales tax regulations. The State offers a Colorado exemption certificate waiving the requirement to collect State sales tax but local jurisdictions need to adopt regulations at the local level. Before you this evening is a request from the Fraser Valley Lions Club to waive the requirement of non -profits to remit sales tax to the Town of Fraser for the Non -Profit Flea Market Fundraiser they are hosting. The Lions Club hopes this will be a successful event that they could expand in the future. We hope they choose Fraser as the location for these events. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com In the next couple of months I would like to bring an Ordinance to the Board that would waive the sales tax remittance requirement for all non -profits conducting fundraising activities within the Town of Fraser. To my knowledge, the Town Board has never denied such a waiver request. This would eliminate the delay associated with taking individual requests to the Board. ALTERNATIVES: The Board could choose to not approve the waiver of the sales tax exemption for the Fraser Valley Rotary and the non-profit entities. RECOMMENDATION: Staff recommends approval of the waiver of the collection and remittance of local sales tax for the Fraser Valley Lions Club and the non-profit entities participating in the June 14th Non -Profit Flea Market. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Colorado Department of Revenue Taxpayer Service Division 04/14 Sales 2 FYI Sales Tax Exempt Status for Charitable Organizations: FOR YOUR p 9 INFORMATION Application Requirements GENERAL INFORMATION Colorado allows charitable organizations an exemption from state -collected sales tax for purchases made in the conduct of their regular charitable functions and activities. [§39-26-718 (1) (a), C.R.S.] This exemption does not apply to locally -collected sales tax levied by home -rule cities. Home -rule jurisdictions make their own tax regulations and they must be contacted directly for information. WHO QUALIFIES? The threshold for sales tax exempt status in Colorado is exemption from income tax under Section 501(c)(3) of the Internal Revenue Code. Such income tax exempt status must first be obtained from the federal Internal Revenue Service (IRS). Package 1023 is the "Application for Recognition of Exemption Under Section 501 (c) (3) of the Internal Revenue Code." The companion Publication 557 is "Tax -Exempt Status for Your Organization." The form number to remit the fees is 8718. To obtain package 1023 from the IRS, call 1-800-829-1040 or visit www.irs.gov. The cost ranges from $400 to $850. Organizations must be organized specifically for one of the following purposes: • religious, charitable, scientific, testing for public safety, literary or educational; • to foster national or international amateur sports competition, as long as no part of its activities involve providing athletic facilities or equipment; • the prevention of cruelty to children or animals. Additionally: • no substantial part of the organization's activities may include carrying on propaganda or otherwise trying to influence legislation; • the organization may not participate in, or intervene in, any political campaign on behalf of any candidate for public office (including the publishing or distributing of statements). • no part of the net earnings benefit any private shareholder or individual. The Department of Revenue (DOR) is not bound by an IRS determination of an organization's charitable status. Organizations that are exempt from federal income tax under 501(c)(3) will generally be approved for a sales tax certificate of exemption in Colorado, unless the DOR chooses to conduct an independent review and make its own determination regarding an organization's qualifications. Sales and Use Tax Regulation 26-102(2.5), see Colorado Department of Revenue v. Woodmen of the World, 919 P.2d 806 (Colo. 1996).] Any society or organization whose deeds and gifts are limited to its members and their beneficiaries and which depends upon payments required of its members are not charities and are not organized for charitable purposes. The fact that an organization performs some charity work, or funds, all or in part, a charitable group does not automatically qualify an organization for the Colorado sales/use tax exemption. An organization qualifies only if it is organized and operated exclusively for one of the above -stated purposes. Additionally, not all purchases by qualified organizations are exempt from Colorado sales tax. The exemption applies only to purchases of items used in the conduct of the organization's regular charitable functions and activities. For a more in-depth discussion of these criteria, please se FYI Sales 1, How to Document Sales to Tax -Exempt Organizations. See also Security Life & Accident Co. v. Heckers, 495 P.2d 225 (Colo. 1972) and Colorado Department of Revenue v. City of Aurora, 32 P.3d 590 (Colo. App. 2001). Governmental entities, including all political subdivisions of the state of Colorado (state agencies, school districts, cities and counties etc.,) are automatically tax-exempt and are not subject to the above criteria. VETERAN'S ORGANIZATIONS The Colorado Revised Statute, 39-26-102 (2.5), is specific in what circumstances veterans' organizations qualify under IRS code 501(c)(19) for exemption from sales tax. An exemption may only be granted for a special event, meeting or other function that is not part of the organization's regular activities. The organization would need a special event license and sales tax would be exempt from purchases but sales tax must be collected and remitted on the items sold at the event. Since the statute is specific in that an exemption may only be granted for a special event or function that is not part of the organizations regular activities, a permanent sales tax exemption for veteran's organizations is excluded. Page 1 of 2 NOTE: Exempt status for Colorado sales tax purposes does not necessarily mean that donations to the organizations are tax exempt or tax deductible for people who make the donations. Such donations are income tax matters and are subject to determination by the IRS. APPLICATION PROCEDURES Complete and return to the DOR an Application for Sales Tax Exemption for Colorado Organizations (DR 0715). Please note that when applying for exempt status, organizations must include with their application a copy of their 501(c) (3) letter provided by the Internal Revenue Service. If the Department of Revenue determines that your organization qualifies for sales tax exempt status, the organization will receive a "Certificate of Exemption" that authorizes it to purchase items and services used in the conduct of its regular charitable functions and activities without paying state sales tax and state -administered local sales taxes when items are to be used in the conduct of the organization's regular charitable function. NOTE: Governmental entities need not obtain a tax-exempt certificate or number for tax-exempt organization status. Purchases made by government agencies are exempt from sales tax if the order for goods is made on a prescribed government form or purchase order and payment is made to the seller by warrant or check drawn directly from governmental funds. [§39-26-704(1),C.R.S.] For detailed information regarding tax-exempt purchasing by governmental entities, see FYI Sales 63, Government Purchases Exemptions. SALES BY CHARITABLE ORGANIZATIONS Charitable organizations that hold an IRS section 501(c)(3) qualification letter and have a Colorado exemption certificate may be exempt from collecting sales tax during fund raising events. If the charitable organization conducts sales for a total of 12 days or less during a calendar year and the net proceeds from all these events do not exceed $25,000 in that calendar year, the sales are not subject to sales tax. [Net proceeds are total gross events receipt(s) less expenses attributable to the event(s).] As soon as the organization reaches either $25,000 in net proceeds, or conducts sales for more than 12 days a year, the organization must obtain a sales tax license from the department and remit sales tax on all sales that occurred in that calendar year, including sales in that calendar year that were previously exempt prior to the date when the threshold was exceeded. [§39-26-718,C.R.S.] Charitable organizations should contact their local government to find out if a similar exemption is allowed for local taxes. For local tax rates in cities and counties where the state administers the tax, organizations may refer to the publication Colorado Sales/Use Tax Rates (DR 1002). If the local jurisdiction is a state -collected tax jurisdiction that does not allow the exemption, the charitable organization should obtain a Colorado sales tax license so that the organization can report and pay local tax to the department. SALES BY OTHER TAX-EXEMPT ORGANIZATIONS Other tax-exempt organizations (including governmental entities and schools) that sell tangible personal property (for example, through a secondhand goods retail store, a fundraiser sales event or routine sales of organization -related items) must obtain a sales tax license and collect all applicable state and local sales taxes. For more information see: • FYI Sales 3, Out -of -State Sales Tax -Exempt Organizations Doing Business in Colorado • FYI Sales 9, Sales Tax Licenses • FYI Sales 62, Guidelines for Determining When to Collect State -Collected Local Sales Tax • FYI Sales 63 Government Purchases Exemptions • FYI Sales 86, Sales Tax Exemption on School Related Items FYls provide general information concerning a variety of Colorado tax topics in simple and straightforward language. Afthough the FYls represent a good faith effort to provide accurate and complete tax information, the information is not binding on the Colorado Department of Revenue, nor does it replace, after, or supersede Colorado law and regulations. The Executive Director, who by statute is the only person having the authority to bind the Department, has not formally reviewed and/or approved these FYIs. Page 2 of 2 MA F;3,4SFR RIVER VALLLv L ONS Cl .3 VIs. L!j Pere - �rFsv- Tow -1 Clerk I own Q' G,anby. PO Box 370 Fraser, CO 80442 Dea- I'v7s. Berger. I he =r se R vQ- Vil'ICY Lions Clj6 is work; rig o -i a rQw evc-nt fog the cornmurvty, d non proY it Pca N'larilet, An aodicaticn has been submitted to Vic 7ciwn fc- an even- pe -mit is tiiy inder,31endirip that each non-proft Oa-ticiztating in the event will b(, reqUired to pay sales tav ;c�7y, courity and statc) on all proceeds from he event fUndraiser for eaCn noxi -profit WC, are request ng that Vic Tow -i of Fraser waive their componew, Of these. tilxcs -or each Jill Childress s the cord-nator For this event, Please let tier knov'.: tilis i* possible and if you W'll cequirc a-iy further iffcrrnat'on to (ornplew tl:s cq',ic'st. Her pho-ic Is 970-531-5co3l T-illirk yo for your corl-i'dv,vt:ori of -his request. Y, Jer,y P-esidert F,:,sor Rivcr ValeyeLion-, Clob PO Box 24.9 Win'cr Dark, Colorado 8C482 TOWN OF FRASER RESOLUTION NO. 2014-06-01 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE PURCHASE OF TWO (2) WORK TRUCKS FOR THE PUBLIC WORKS DEPARTMENT. WHEREAS, the 2014 General Fund, line item Capital Equipment Replacement Fund Budget provides for the purchase of replacement work vehicles. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Manager is hereby authorized to expend up to $20,000 for the purchase of two (2) work trucks for the Public Works department as outlined in the Public Works staff briefing. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 11th DAY OF JUNE, 2014. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: Mayor Smith and the Board of Trustees FROM: Allen Nordin, Public Works Director, CWP DATE: June 11, 2014 SUBJECT: Staff Report PW: Work Vehicle Purchase MATTER BEFORE BOARD: The Public Works (PW) department is seeking board approval for the expenditure of budgeted funds for the acquisition of two additional used work vehicles given the aged and aging condition of our current fleet. ACTION REQUESTED: Motion to approve Resolution No. 2014-06-01 hereby authorizing the Town manager to expend up to $20,000 for the purchase of two (2) work trucks for Public Works. BACKGROUND: The public works department is responsible for the operation and maintenance of many town owned assets including our water production, distribution and sewer collections systems as well as the many parks and open spaces, trails, planters and planter beds covering a vast area in and around town. With our current fleet of aging work trucks we are not able to efficiently and effectively cover these areas without wasting valuable time and fuel shuttling folks around town to their various work places. During the summer months the gardeners occupy two of the work trucks on any given day which can be converted to a noxious weed sprayer truck and another as a water tank truck for watering beds and planters. Currently there are two work trucks out of service for either repairs or they have been deemed terminal. For several weeks now, one of our older work trucks, which is utilized by the water/collections operators, has been experiencing transmission problems and has spent these weeks in Denver attempting to be repaired. This unit was purchased new in 2001 and is entering its 14th year of service. It was anticipated to be replaced in 2001 ... we have now made it last into 2014. On the subject of fleet rotation, I wanted to give you a bit of background as to how we have arrived at today's fleet size. During the years of 2001-2004 the boards were introduced to the reality that we have been operating an aged fleet of PW vehicles. Recognizing the need to have safe and reliable work vehicles in order to serve the residents of the town for providing public health and safety, these boards were supportive of not only upgrading the fleet with newer, reliable and safe units but also increasing the size of our fleet as they saw the expanse of our town limits growing. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com In 2001, the fleet consisted of one 1985 medium -duty snow and ice truck; ); three work trucks 1976-1999 vintage, one w/a snow plow; two 1985 & 1996 vintage wheel loaders; a 1996 skid steer loader; one 19motor grader; one 1992 street sweeper (already used when purchased); a 1985 back hoe and a 1982 tandem axel dump truck. Fast forward to 2O14 ... our fleet today consists of three 2001-08 vintage medium -duty snow and ice trucks; 5 work trucks 1992-2007 (3 w/snow plows); 3 wheel loaders (1996-2008); a 2001 motor grader; a 2012 mini excavator; a 2004 skid steer loader; a 2013 street sweeper and a 1982 tandem axel dump truck. With a drop in revenues to the General fund in 2008, PW has been anticipating the need to expand our fleet for almost 5 years now, each time asking the question "can we hold out one more year?" and "Is this a need or a want"? Reluctantly the responses were reserved and we held back from bringing these expenses to the board for these larger expenses whenever practicable and have been carrying forward these funds from year to year knowing that we will eventually need to make these purchases. As an example, when `Brown Betty', 1988 vintage water/gardener truck, was brought out of winter storage this spring, it was discovered that the water pump and clutch need to be replaced. Past repairs include clutch replacement, exhaust work, brake work, thermostats, replacement leaf springs, and several electrical issues that have been developing over the past years. With electrical work there comes a large price tag when it comes to tracing down and repairing these systems. The time has come that we must now replace this unit as it no longer makes financial sense to put additional money into a vehicle that has reached the end of its useful career. Historically, when purchasing small equipment and vehicles, we have been successful at buying these through auctions which has allowed us to get more for our dollar. When buying used vehicles, they are typically retired units from other municipal fleets and generally come with service maintenance records and overall they are mechanically suitable for our needs. Another bonus to auctions that we have found is that we can get 2-for-1 purchases since at auction, if there are several vehicles in a group that is being auctioned, the winning bid is offered the option to purchase as many of those units at the winning bid amount that they want. When it comes to purchasing new vehicles through the state bid process/dealers with `government discounts', we have realized significant savings. It has been our practice to research both new and used equipment for cost comparisons and we will continue with that practice for all equipment and vehicle expenditures. Past experience has shown that when we purchase through a state bidding process we can generally save upwards of 20 percent on new equipment/vehicles. This generally off -sets the 15-20 percent instant depreciation one takes if a new vehicle is purchased through a dealer that does not have the state bid award or government pricing. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com FINANCIAL: The 2014 budget for vehicle expenditures includes $50,000 for new purchases and $45,418 in lease purchase payments related to the street sweeper (CERF expenditure lines 30-40-745 — 30-40-910). The 2014 budget anticipates a fund balance of nearly $440,000 at year end. Of the $50,000, $20,000 has been earmarked for the purchase of work vehicles. If we were to trade in some of our excess administrative vehicle inventory, we would likely receive a better trade-in value from a dealer than if we put them out for public bid. Another $20,000 has been set aside for a replacement V -Box sander to replace an 11 year old V -box that has reached the end of its useful life. The remaining $5,000 was left there for some small equipment purchases. PW maintains a 10 -year fleet rotation schedule which is updated annually for the Capital Equipment Replacement Fund (CERF) as a planning tool to assist with identifying what our long term equipment and vehicle replacement needs will be. The estimated purchase prices and anticipated year of purchases are merely estimates based on current fleet status as well as the last type of equipment/vehicle purchased and applying a 5-7 percent annual cost increase. ALTERNATIVES: 1. Continue to shuttle staff around town using other work trucks and staff resources which will affect the amount and quality of work that gets accomplished. This approach will provide a challenge for getting water and tools to the various work sites, for both gardeners and utility maintenance personnel. 2. Employ some of our aging administrative fleet. Some of these vehicles are not reliable and it would again be very time consuming and inefficient for supply and delivery of water (delivery of water would be by gravity thus extending the time at each site). 3. Purchase and equip three -wheeled `Trikes' that gardening staff could peddle around town to the numerous planters and planter beds. This would be very time consuming and inefficient as water supplies and delivery would be extremely reduced. (max. 5- gallons/trike and would be by gravity thus extending the time at each site. 4. Purchase one work truck now that could be shared between the gardeners and utility maintenance staff. If a second truck is determined to be needed staff could again look for another unit for sale. 5. Eliminate the number of remote planters and planter beds that are currently being maintained thus minimizing the need for one of the two additional work trucks. PW has maintained a lean (and aging) fleet of work vehicles and has been very diligent with our requests for work truck purchases for several years now. There are no apparent `simple' alternatives or solutions to solving the matter of replacement vehicles. By purchasing two additional work vehicles this will provide staff with the proper tools for the job to be able to efficiently and effectively cover the vast areas of our maintenance programs. RECOMMENDATION: Staff recommends the approval for expenditures from the 2014 Capital Equipment Replacement Fund (CERF) in the amount Not -To -Exceed of $20,000 for the purchase of two (2) work trucks for public works. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Fraser Building Activity 2014 Total Number of Building Permits Total for 2010 36 Total for 2011 45 Total for 2012 49 Total for 2013 63 2012 through May 14 2013 through May 19 2014 through May 8 Difference 2014 / 2013 (11) Difference 2014 / 2012 (6) Dollar Valuation (no hourly fee has valuation $ in 2011 - 14) Total for 2010 $135,233 Total for 2011 $3,743,778 Total for 2012 $2,190,195 Total for 2013 $5,508,091 2012 through May $906,503 2013 through May $1,082,410 2014 through May $1,823,513 Difference 2014 / 2013 $741,103 Difference 2014 / 2012 $917,010 Building Fees Total for 2010 $3,644 Total for 2011 $40,277 Total for 2012 $27,412 Total for 2013 $66,364 2012 through May $10,363 2013 through May $12,141 2014 through May $15,066 Difference 20114/ 2013 $2,925 Difference 2014 / 2012 $4,703 New Residential Area 2014 through May New Commercial Area 2,172 sq. ft. 2014 through May 0 sq. ft. New Garage Area 2014 through May 355 sq. ft. New Deck/Patio Area 2014 through May 320 sq. ft. Work on the new Holiday Inn Express conversion and the alteration to East Grand Fire Protection District #4 fire house continues to progress. A building permit has been issued for a new single family dwelling in Rendezvous and a permit for a tenant finish of a new cross -fit gym in the in Fraser Marketplace next to Safeway has been issued as well. Permits that are ready to be issued that are not reflected in this report are three new single family dwellings in the Cozens Meadow subdivision at Grand Park and three new townhomes in Rendezvous. The building department is anticipating a busy building season this year. Staff Contact: Brian Szczepanski - Building Official[bszczepanski@wpgov.com] 970-726-8081 ti C O L O PUBLIC WORKS UPDATE (As of 6/6/2014 for 6/11 meeting) WATER— Bank stabilization efforts on the St. Louis Creek are complete. The property owner was involved during the construction phase which took approx. 4 days. The project came in ahead of schedule (sort of) and well under budget. I have been monitoring the project daily during run-off so that if necessary, we can reinforce any areas that may become impacted as a result of the high waters from melt off. I am very pleased with the end product! ➢ PW staff continues to be on 24-hour watch/alert in the event we need to deploy staff to assist with any high water impacts to the town. There was a tour of the Town's water systems last Wednesday that included several members of the board and Water -Wastewater committee. They felt the tour was very beneficial and informative. We can schedule another tour if there is a desire from others to attend. Our water distribution leak detection contractors are scheduled to be in Fraser middle of June. SANITARY SEWER— Staff is preparing for our 2014 sewer line and manhole cleaning and maintenance work which is scheduled to begin late June, early July. We are preparing an RFP looking for alternate contractors for the 2015 maintenance work. v According to the wastewater treatment plant, I&I flows are beginning to diminish. STREETS— Staff met with GC Road & Bridge engineer last week to review the construction plans for the CR804 repaving project. A community informational meeting for this project is scheduled for June 12th @ 6:30 p.m. at the Fraser Historic church. y Street sweeping efforts will continue throughout the summer months. y Wapiti Drive Drainage Improvements Project- Phase 3: Met with Lil' Dirt Works last week to review what finish work is still need to wrap up the final phase of the drainage improvements. y Crack sealing operations are scheduled to begin following the July 4th holiday. This is work is being performed a bit later than normal due to the run-off and potential for spring showers that in the past have delayed us from completing the project in a timely manner. GARDENER— Our seasonal flower children and maintenance laborers are on board and working hard! Work continue with improvements at Gorenson Station and FroDo pocket parks with the installation of the culvert pipe planters. The concrete shelter pad was poured two weeks ago and is ready for the construction and installation of the shelter once it is ready. Business enhancement hanging baskets have been ordered. OTHER— Beavers are out of `hibernation' and wreaking havoc on aspen trees at 120 Z. We will begin with relocation efforts in the very near future. Staff will be working traffic control for the ride The Rockies bicycle event coming to Fraser this weekend. See Staff Report PIN: Work Vehicle Purchase in your packet. Please contact me in advance of the meeting should you have questions. anordin(a)town.fraser.co.us or 970-531-1844. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com A Proclamation by the Grand County Board of County Commissioners WHEREAS, the trend in Colorado for acres burned each year by wildfire has increased dramatically in recent decades; and WHEREAS, Colorado wildfire seasons will become longer, and wildfires will be more intense and more difficult to control; and WHEREAS, residents of Colorado's fire -prone communities need to accept responsibility for living in high fire -hazard areas; and WHEREAS, proactive communities that have prepared in advance can survive wildfire with less damage; and WHEREAS, many individuals can make a difference in reducing a community's wildfire threat, including homeowners, firefighters, land managers, builders, landscapers, planners, political leaders, and others; NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO, does hereby proclaim June 9 - 14, 2014 as WILDFIRE AWARENESS WEEK IN GRAND COUNTY, COLORADO Upon motion duly made and seconded, the foregoing proclamation was adopted by the following vote: Date: June 2, 2014 Aye Aye Aye Commissioners SEAL ATTEST: Sara L. Rosene Grand County Clerk & Recorder