HomeMy WebLinkAboutPACKET Town Board Study Session 2022-05-10 May 10, 2022
4:30 p.m. — 6:45 p.m.
TOWN BOARD Board Room
STUDY SESSION 5:20 p.m. Dinner
In Person Meeting — Mayor, Trustees, Staff and Public
AGENDA
To view or listen to the Study Session by Zoom Webinar
ONLINE (Zoom Webinar): https://zoom.us/j/91077906778 Webinar ID: 910 7790 6778
CALL-IN (Telephone Option): 877-853-5257 (toll-free) Meeting ID: 910 7790 6778
If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be
available by phone for assistance 30 minutes prior to the start of the meeting at 970-577-4777.
4:30 p.m. CIRSA Liability and Risk as an Elected Official.
(CIRSA General Counsel Sam Light)
5:30 p.m. Town Board Orientation 101 .
(Town Administrator Machalek)
6:35 p.m. Trustee & Administrator Comments & Questions.
6:40 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:45 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:15 p.m.
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CI RSA
Ethics, Liability & Best Practices for Elected Officials
Presented by Sam Light,CIRSA General Counsel 5.10.22
4
EP
SAFER'!i( tg,...
Introduction
Presentation Overview
•Suggestions that will enhance your effectiveness and success and as a Town official—which in turn
will reduce risk for the Town and you individually. Topics we will touch on include:
• The role of public official
• Transparency rules
• Ethical obligations
• Organizational structure&liability
• Due process requirements
•Presentation is a training resource only;is not intended to address or provide legal advice on any
specific, pending issues.
CIRSA RSA SAFER
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One: Commit to the Role of Public Official
•Being a public official means your role has changed:
•Citizen 4 government official (24/7!)
•Outsider 4 insider
•Critic 4 proponent-representative-fiduciary
•The role requires an understanding that in the eyes of the community,you are always a
public official.
CII R5q SAFER
IOut
One: Commit to the Role of Public Official
•When you became a Town official,you agreed to uphold and follow applicable laws,
including the Town's ordinances, policies, etc. What does that commitment embody?
• A commitment to respect your role/responsibility in the Town structure.
• A commitment to lawful conduct, including following the Town's rules, procedures and
criteria in making decisions.
• A commitment to ethical practices.
• A commitment to professional courtesy and respect for one another's divergent viewpoints
and styles.
CII RSA SAFER
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One: Commit to the Role of Public Official
•As local government officials, part of your role is delivering good governance which, at
root, is based both practically and legally on a few core concepts:
•Openness&Transparency(open meetings/records laws);
•Fundamental Fairness (due process);
•Predictability& Evenhandedness(equal protection and certiorari claims); and
•Mutuality of Respect
CIS F2SA SAFER
Two: Commit to Transparency
•The Open Meetings Law (OML)applies to all meetings of the Town Board.
•Applies to 3 or more or a quorum,whichever is less.
•Requires discussion/action on public business to take place at a meeting open to the
public.
•And, if action will be taken or a quorum will be present,there must be timely notice—
agenda posted at least 24 hours in advance.
•A"meeting" includes any gathering to discuss public business, in person, by phone, or
electronically.
CII RSA SAFER
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Two: Transparency — Electronic Communications
•Using email? See CIRSA Handout. Colorado House Bill HB 21-1025 will bring some clarity
regarding application of the OML to e-mails; see, https://www.cirsa.org/news/how-the-
colorado-open-meetings-law-applies-to-elected-officials-email/).
•And while HB 21-1025 brings clarity re: certain non-meetings, it also confirms what the OML
intends—discussions of the"merits or substance"—that is, "the essence"—of a matter of
public business are subject to the OML's openness requirement.
•Be cognizant of social media risks for public officials;see https://www.cirsa.org/wp-
content/uploads/2019/06/Social-Media-Use-by-Elected-Officials.pdf.
•Be cognizant of the intent of the OML—citizens expect and appreciate your full and open
discussions of public business!
CIRSA SAFER
10,,III,
Two(b): Protect the Town's Confidences
•The OML permits executive sessions for discussion of only a limited number of authorized topics
and following specific procedures. Authorized topics most frequently used:
• Conference with legal counsel for legal advice/specific legal questions.
• Matter subject to negotiation (but only for developing strategy, determining positions and
instructing negotiators).
• Personnel matters (unless person subject to session has requested open discussion). Note,
this authority does not extend to discussion of general personnel policies or Board
members.
•Must follow detailed procedures and make/maintain a recording. Make sure your executive
session procedures are set up to comply with OML!
•Make sure your procedures are also set up to protect confidential information.
<_I' IDS:\ SAFER
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Two(b): Protect the Town's Confidences
A Scenario
In executive session the Board develops a strategy for negotiating a purchase of a piece
of vacant land from a property owner. A confidential appraisal states the parcel is
worth $200,000-225,000 and the Board's instructions is that the Mayor and Town
Administrator meet with the owner and negotiate for a purchase price of$200,000.
Board Member Smith sees the owner the next day and tells her the Town is willing to
pay$200,000 for the parcel and may go as high as $225,000 as the Town's appraisal
says it may be worth that much.
Problems?
CI(SA SAFER
Three: Commit to Ethical Conduct
•In Colorado, ethics scandals are rare—but happen from time to time.
•Ethical misjudgments greatly undermine public confidence in public bodies, and
appearances of conflicts can be just as damaging as actual conflicts.
•Can result in personal criminal and civil liability.
•There is often a "personal benefit" exclusion from public officials liability coverage.
CII RSA SAFER
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Three: Commit to Ethical Conduct
•The theme that runs through codes of ethics is: It is not permissible to gain a personal benefit by
virtue of holding public office.
•Become familiar with the ethics laws that govern your conduct--make them your"best friend" in
addressing ethics matters.
•Conflicts of Interest: Main Rule: Disclose, recuse, don't vote, and don't influence other members.
•Confidential Information: Don't disclose or use any confidential information acquired during official
duties to substantially further any personal financial interest.
•Gifts: Decline any gifts that seem to be connected to your public service (and abide by gift rules).
<_I' IDS- SAFER
Four: Commit to Supporting the Town Structure
•Everyone within the organization has a "job description"—it is important that you understand and
honor your"job description," both to help ensure the organization functions at a high level, and to
avoid risks of liability, including the risk of personal liability!
•You have protection from personal liability if you are"within the scope of employment" and
not acting"willfully and wantonly."
•Means everyone needs to know and respect their"job description."
•Conduct that is"outside the scope"or"willful and wanton"can result in a loss of
governmental immunity and create liability, including the potential of personal liability for you.
CII RSA SAFER
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Four: Commit to Supporting the Town Structure
•Tips to support the structure and avoid concerns of conduct"outside the scope":
•Understand "job description" and stay within it. Look to your structural documents; e.g.:
•The "powers and duties" provisions of Town ordinances.
•Applicable state statutes that govern your powers and duties and the areas within your
authority.
•As well as the structural documents for others in the organization. Those "other" provisions
are there to"serve and protect." The serve to clarify where authority and responsibility lies,
and to protect you and the Town assuming everyone is committed to "role discipline."
CIS F2SA SAFER
Four: Commit to Supporting the Town Structure
•More tips to support the structure and avoid concerns around "role discipline" and "scope":
•Recognize that elected officials act primarily as a BODY, and exercise responsibilities mainly by
VOTING in a PUBLIC MEETING. While each member holds a fraction of the body's power,that
power can't be exercised individually. It can only be exercised by the Board as a whole.
•If you are thinking of acting individually, ask whether you have authority to act(and if you
don't,don't do it).
• Therefore,think"We" ... not"I"! If you find yourself about to act in terms of"I" rather than
"we" ...that's a red flag.
•Another warning sign: He/she/they did what?!
CII RSA SAFER
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Four: Commit to Supporting the Town Structure
•Recognize that"role discipline" and support of the Town structure requires:
• Recognition that there is "one Board of seven," not seven Boards of one.
• Setting aside a personal interest or agenda when there is lack of support.
• Accepting that"the Board has spoken"though one may have preferred a different
outcome.
• Patience in terms of waiting until a matter is"ripe"for the governing body's discussion
and decision and, related to that, not"assuring"outcomes.
CIRSA TOG SAFEETHRER
Four: Commit to Supporting the Town Structure
•Adherence to the Town's organizational structure in particularly important in the areas of
employee relations.
•Excepting the Board's few direct reports, elected officials are not employee supervisors.
Therefore:
• Don't get individually and improperly involved in personnel issues or engage in or
facilitate activities that bypass the Town's chain of command or personnel rules.
• Similarly, avoid getting individually and improperly involved in permit or other
administrative matters assigned to staff.
CII RSA SAFER
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Four: Commit to Supporting the Town Structure
•Recognize that while your Board is made up of individuals,each with different goals and
priorities; it is a single body.
•Therefore, resolve to speak with one voice to your support staff, and follow established
channels.
•The Board is responsible for sorting out and reconciling the views and priorities of its
members,so that it can speak with one voice. This is how the Board achieves clarity,
credibility and accountability to its voice.
CIS F2SA SAFER
Five: Commit to Providing Due Process
•Much of the time you're acting as"legislators"—making policy and general rules that apply
generally—or handling Board level business and corporate matters.
•But sometimes you make a decision affecting a specific applicant's property rights. For these
"quasi-judicial" matters—which include certain land use and licensing matter—you are
essentially acting as judges. In this role you have heightened responsibilities to provide"due
process" and a failure to provide due process exposes you and the Town to liability.
•So, be familiar with the due process"rules of engagement"that apply to quasi-judicial
matters.
•These rules have a familiar source: "No person shall be...deprived of life, liberty,or property,
without due process of law."
CI� SAFER
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Due Process - Tips for Quasi-Judges
•Limit your involvement to just your participation at the Board public hearing.
•Remain neutral; don't make up your mind before the hearing and don't make prejudicial pre-
hearing statements.
•Don't engage with one side or the other, or with your fellow Board members, before or
outside the hearing(ex parte contacts).
•Deliberations Matter. Make sure your deliberations and decision are focused and based on
the relevant,existing criteria and not other factors. Use Sam's "Rule of Why."
•See these CIRSA videos: https://www.youtube.com/watch?v=mPz-P7A_glc and
https://www.cirsa.org/wp-content/uploads/2020/05/Quasi-Judicial-Proceedings.mp4.
Fq
Six: Embrace Wise Leadership
Recognize:
•You set the tone for the whole organization in terms of the treatment of employees,
citizens, and the business community.
•You are perceived as holding the most powerful positions in your local government.
•It is important—for building faith and trust in government(and reducing risks)—that you
use courtesy,tact, and diplomacy in interactions,especially in public settings.
•As a body, commit to a "no surprises" approach at your meetings and while dealing with
one another and staff. Meetings should not have "gotcha" moments or"staff bashing."
CI� SAFER
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Six: Embrace Wise Leadership
.Deal effectively with discord. Every public body has disagreements but discord should not
drive meetings,your agenda, or how you interact with the community,each other, or staff.
And folks can disagree without being disagreeable.
•Use your Administrator as a resource to help the Board and Town succeed. Have mutually
supportive relationships among the Board and staff.
•Commit to act as "we" and not as "I,"to build strong relationship between your Board and
staff.
•Always keep in mind that you are the stewards of the Town's best interests and assets.
<_I' IDS:\ SAFER
Conclusion
Thank you for your public service!
And for the opportunity to present.
CII RSA SAFER
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Resources
CIRSA Elected Officials Handbook:
https://www.cirsa.org/wp-
content/uploads/2019/06/EthicsLiabilityBestPr
ETHICS,LIABILITY acticesHandbookForElectedOfficials.pdf
&BEST PRACTICES
FOR ELECTED
OFFICIALS CIRSA Executive Director Tami Tanoue's
Webinar on Ethics,Liability,and Best Practices
11 III for Elected Officials:
https://www.cirsa.org/wp-
content/uploads/2020/05/Ethics-Liability-and-
Best-Practices-Webinar-2020.mp4
•CIRSA elected and appointed officials'
HAN DBOOK resources: https://www.cirsa.org/safety-
SECOND EDITION 3019
training/elected-officials/.
C'INS SAFE0.tOGETHER
CII R5q SAFER
Conclusion
Colorado Intergovernmental Risk Sharing Agency
•Not a commercial insurance company;CIRSA is a Colorado public entity self-insurance pool for property,
liability,and workers'compensation coverages.
•Formed in 1982 by an intergovernmental agreement of 18 municipalities pursuant to CML study
committee recommendations.
*Total membership today stands at 282 member municipalities&affiliated entities:
•278 are members of the PC pool
•139 are members of WC pool
•CIRSA views proactive approaches to risk management as critical member services—is a win-win.
CIRSA SAFER
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Conclusion
Speaker Bio
Sam Light is General Counsel for the Colorado Intergovernmental Risk Sharing Agency
(CIRSA). Previously Mr. Light was a partner with the Denver law firm of Light I Kelly, P.C.,
specializing in municipal and other public entity law, insurance law and defense of public
entities and elected officials. Sam is a frequent speaker on municipal law and has practiced
in Colorado since 1993.
CI A SAFER
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Town Board Orientation ' . .
May 10, 2022
Town Board Study Session
Agenda
► Policy Governance 101
"1 —
► Board Code of Conduct (Policy 103)
► Meeting Procedures
► Agenda Setting(Policy 105)
► Motions(Policy 103)
► Strategic Planning
► Legacy Issues vs. In-the-Weeds
► Roles and Relationships with Other Entities
► Internal Committees and Advisory Boards 46
► Membership/Representation on Outside Entities
► Outside Organizations with Town Relationship
AO
► State, Federal,and Local Agencies
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•
Policy Governance 101
How to look at the role of a governing board
Purpose
► To facilitate a high-achieving Town Board that serves the community in the
most effective and efficient manner possible.
4111
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Characteristics of a High-Performing
Governing Body (Town Board)
Addresses difficult policy problems
Builds capacity to work effectively as a group
Develops and maintains a productive relationship 11111
with staff
www.good localgovernment.org
Obstacles
Conflicting values that drive policymaking
Conditions that make public policymaking difficult
Perspectives of elected officials and staff
www.goodlocalgovernment.org
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Town Board Working Conditions
r Vague task definition
► No hierarchy
► No specialization
► Little feedback
► Open meetings
Al
www.good localgovernment.org 111
Adopted Governance Policies Reduces
Uncertainty
► Highlight policymaking role
► Enable goal-setting
► Provide problem-solving techniques
► Develop norms of behavior
► Build sense of team
► Strengthen partnership with staff
www.goodlocalgovernment.org
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Town Administrator's Role
r Translate between politics and administration
► Align
Town Board goals and staff priorities
Town Board and staff expectations and
contributions
1
Passion with data
Policy Governance
Based on the work of Dr. John Carver
Boards That Make a Difference (Jossey-Bass, 1990)
BOARDS
'that Make a I)ilterence
A New
De,gn for lent.
a,awork
CARVI:f
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111
What Policy Governance is NOL
r A way to take power away from a governing body
► Strategic or Financial Planning Model
► Management Technique
Structural Change
Benefits of Policy Governance
► Empowers the Board
b. Ensures staff accountability
► Improves the use of the Board's time
► Improves the effectiveness of the Town
organization
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Three Basic Assumptions 111.
The Governing Body "owns" the business
The Governing Body only has authority when
acting as a group
The Governing Body's only official link to the 1
organization is with the CEO
1 . The Governing Body "Owns" the
Business
The Town Board "owns" the business on behalf of
the citizens of Estes Park
The Town Board is NOT there to help staff
. ALL authority comes from the Town Board
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2. The Governing Body only has authority
when acting as a group
► The Town Board may only take action with a
majority of a quorum
► Individual Board members do not have any
unilateral authority
3. The Governing Body's only official link to the
organization is with the CEO
► Town's CEO is the Town Administrator
► DOES NOT mean that Board members cannot talk to other
members of staff
► Instructions, evaluation, monitoring are done ONLY with
the Town Administrator
► Town Administrator performance is synonymous with
organizational performance
► The Board is accountable for the Town Administrator's job
and job performance. The Town Administrator is not
accountable for the Board's job or job performance.
All
AM"
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Policy Governance in Action
Four Categories
Governance Process
Board-Staff Linkages
3. Staff Limitations
Ends
1111
1 . Governance Process
How does the Board work together and do its job?
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Governance Process Covers
► Policy 1 .0 Governance Commitment
► Policy 1 .1 Governing Style
► Policy 1.2 Operating Principles
► Policy 1.3 Board Job Description
► Policy 1.4 Mayor's Responsibility
► Policy 1.5 Reserved
► Policy 1 .6 Board Appointed Committee Principles
► Policy 1 .7 Board Liaison Roles
► Policy 1.8 Board Committee Principles
► Policy 1.9 Annual Planning and Agenda
► Policy 1.10 Self-Monitoring of the Board
2 . Board Staff Linkages
CEO job description, delegation to the CEO, and monitoring of CEO Performance
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Delegation to CEO
Defines scope of authority for CEO (Town
Administrator) and the Board
► CEO can make all decisions and take any action,
as long as they are consistent with any reasonable
interpretation of the policies of the Board
► Defines consequences and circumstances for
stepping outside of this delegation
Monitoring Performance
Monitoring CEO performance is synonymous with
monitoring organizational performance against Board
policies and Staff Limitations.
► Intended to be automatic with a minimum amount of Board
time unless there is an issue.
► Reporting
► Internal - Disclosure from CEO
► External - Discovery by disinterested 3rd party direct to Board
► Direct Board Inspection
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Town Administrator Performance Expectations Review Schedule
3.0 General Executive Constraint Internal Annually March
3.1 Customer Service Internal Annually March
3.2 Treatment of Staff Internal Annually March
3.3 Financial Planning/Budgeting Internal Quarterly Apr.,July,
Oct.,Jan.
3.4 Financial Condition &Activities Internal Annually March
External Annually June
3.5 Asset Protection Internal Annually March
3.6 Emergency Town Administrator Backup Internal Annually March
and replacement
3.7 Emergency Preparedness Internal Annually April
3.8 Compensation and Benefits Internal Annually September
3.9 Communication and Support to the Board Internal Annually March
3.10 Capital Equipment and Improvements Internal Annually March
3.11 Quality of Life Internal Annually March
3.12 Internal Procedures Internal Annually July
3.13 Town Organizational Plan Internal Annually July
RI
rowN or Esrrs PARIc
Memo Town Administrator's office
To: Honorable Mayor Jirsa
Board of Trustees
From: Town Administrator Machalek
Date: April 14,2020
RE: Policy Governance Monitoring Report—Policy 3.3 and 3.7
(Mark all that apply)
❑CONTIRACING
TT//AG EEMENT 1 RESOIf LUTIION 1 OTHER:Policy
QUASI-JUDICIAL DYES ®NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board.In April of each year the Town
Administrator is required to report on Policies 3.3 and 3.7.
Policy 3,3 states:
"With respect for strategic planning for projects,services and activities with a
fiscal impact,the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government"
Polity 3.7 states:
"The Town Administrator shall have an Emergency Preparedness Process in
place for coordination of all emergency management partners—Federal,State,
and local governments,voluntary disaster relief organizations,and the private
sector to meet basic human needs and restore essential government services
following a disaster
This report constitutes my
assurance that,as reasonable Interpreted,these conditions
have not occurred and further,that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
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Policy 3.3:With respect for strategic planning for projects,sen-ices and activities with a
fiscal impact,the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government.Accordingly,the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: I Ca nDia ce
Interpretation:I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statuton•towns.
Compliance with the policy will be achieved when:There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Comprehensive Annual Financial Report
3. AU policies are reviewed for legal compliance by the Town Attorney
4. No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Repot:I report compliance.
3 . Staff Limitations
Prescribed limitations on means
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\ 1 1
ENDS
ALL means are justified by the ends...
\ L . 1 1
r �
STAFF
LIMITATIONS
Iv`
l'se any means necessary EXCEPT those
articulated by the Board as unacceptable.
a
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Nested Staff Limitations
111
The Town Administrator shall not cause or allow
any practice that is unlawful, imprudent, or
unethical.
With respect to the treatment of staff, the Town
Administrator may not cause or allow conditions
which are unsafe, unfair, or undignified.
The Town Administrator shall not operate without
1
written personnel policies that clarify personnel
rules for employees.
Staff Limitations
Encourages creativity and flexibility
► Lets the experts do their job
► Reduces miscommunication between staff and
Board
► Can be as loose or restrictive as the Board desires
► Creates clear performance standards
• Can be changed by Board at any time
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Ends vs. MeansNI
Ends (where do we want to go?)
► What product or service?
► For whom?
► At what cost?
► Means (how do we get there?)
► Methods and Practices
► Technology
► Conduct
► Staffing
► Program
Ends = Outcome Areas
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Page 32
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Board Code of Conduct
Policy 103
lic—
Code of Conduct - Policy 103
Guidelines for behaviors of members of the Town
Board of Trustees and appointed officials in the
performance of their official duties and
interaction with the Public and Town
Administration.
Some ethical requirements are enforced by
Federal, State, or local laws. Others rely on
training and self-governance.
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Meeting Procedures
Agenda Setting (Policy 105)
Motions (Policy 103)
Agenda Setting - Policy 105
Establishes the process for preparing and
publishing the agendas for any meeting of the
Board of Trustees.
Requirements to add an item to a Study Session
differ from those required to add an item to a
regular Town Board meeting.
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18
Motions- Policy 103 5/4/2022
► Exhibit A of Policy 103 establishes a tool box for
meeting procedure options, purposes, and
properties.
► This toolbox contains information on motions used
in Town Board meetings.
Strategic Planning
Legacy Issues vs. "In-the-Weeds"
A
Page 35
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Ends = Outcome Areas
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m+.nn n Infrastructure
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Teem Hnaneal Health- Estes Park will ....
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Vision and Mission
► Vision: The Town of Estes Park will be an ever
more vibrant and welcoming mountain
community.
► Mission: The Mission of the Town of Estes Park is
to provide high-quality, reliable services for the
benefit of our residents, guests, and employees,
while being good stewards of public resources and -
our natural setting.
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Strategic Policy Statements WII
Further clarifications of the Town Board's policy and
philosophy that add additional context and detail to the
Board's position on each Outcome Area.
Characteristics of an effective Strategic Policy Statement:
► Focused on ends, not means
► Has a long-term horizon
Describes what success in an Outcome Area looks like
to the Town Board
1
Can be implemented through execution of one-year
objectives and multi-year goals
Provides direction to staff in developing goals,
objectives, and the annual budget
Goalc and Objectives
Goals are multi-year targets that support the
Board's Strategic Policy Statements and support
Outcome Areas
Objectives are one-year initiatives that support
the Board's Strategic Policy Statements and
Outcome Areas
The bulk of the Town's "new work" comes from
objectives in the Strategic Plan
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Example
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AREA
[aara/p.141 CN.N Senkef•We area prefer.Calore.mountain desli.t.providing an euept.al guest expMe,c*.
collaboration in providing exceptional guest
services,imludlrq,Out not limited to working MN organizations
such as Visit Fates Pain,the Fcenwnk Development Cnrpwatlon,
Me Chamber ef Commerce,the National park Sen.,and other iA Develop even ae dues.to Tarn b 1M
wgenWticns representing business aM wen... ter and Shad...WS a well as mid...events 2.pl.De..a new TM.evenitoatt.a new suduea<.
10.Conurwe to deseloy end attract Weerse events and 4A1.Explore ways to use the VMw Center to help promote current even.in
..re, Rites Frk.
SA.Wwk with public and prlvattxclor MNeS to
encourage additional bawn destination oppwtwl4es foe
L We provide hYh'bual,ty events that attract guests to dr guests,particularly in en limits In the Ha..
Town. Faro wehewhea rmuesinafactor.4.A.Continue to monitoi SAL Develop en are.malnte.nce piloting M the free.Complex.
eveand adjust mauKln Estes
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. successful in EsteSFrt SAL Shore up Museum Amen PawWatiws
LWes4M to balance the impacts of Mita.withthe needs .implement ne 209tStan.Park Complex Master SAJ.Update the c.o.s....and,.estimalesbr the Stan Barns aM
and quality of life of our rmidenu. Flan prow..Me Fvents Complex. decebpaplan Nlurad Ilse Improvement.
6A 1.Wwk Mtn Nvt Es.f Fork to deWlopaweMla pade5pedflc N Valor
S.B.Marnurnahigh level of arena footing lw nwseshows Services for easy access NYWtw Services Guest mfomMtlM GUMtt and.her
and eodeoa at the Even.Complex. inlwmWenusNulthNests.
..We make Wtadriven WOW.b serving ou.Nests and
'rW Wms. 6A Implement the Vndw Senuei 51.466 PIM.
fi 8,Wptw Snvxes MII work with Visit Estes Pah M
eaebpug end implementing ways to mvodua new
Khnpbgy to help edwne and entertain dpeNs at the
Wu.Center.5.We value a well-maintained Stanley Park Complex.
6.The Town proNdes aM entourages a hkh level of customer
service to our guests.
7.We shootible withthecbexterol Estesld balance Me events we have
Town to be
Roles and Relationships with Other
Entities
Internal Committees and Advisory Boards
Membership/Representation on Outside Entities
Outside Organizations with Town Relationship
State, Federal, and Local Agencies 44.1
Page 38
22
5/4/2022
Internal Committees and Advisory
Boards
Parks Advisory Board
Advise on:
. Park Operations (when requested)
► Serve as the Tree Board
► Oversee Art in Public Places Program
► Board Liaison - Trustee Younglund
Page 39
23
5/4/2022
Transportation Advisory Board
. i I
► Advise on:
►Transportation planning
► Parking EP
► Bike/Pedestrian Trails
► Board Liaison - Trustee Martchink
Family Advisory Board
► Advise on:
► Issues of importance to families in the
--
Estes Valley EP► Current Focus Area:
►"Identifying barriers to family success ®
in Estes Park"
► Board Liaison - Trustee Younglund
ri'
Page 40
24
5/4/2022
Board of Adjustments
Responsible for:
► Reviewing requests for variances
®Aill I
► Hear appeals of Zoning Administrator EP
interpretation
Board Liaison - Trustee MacAlpine
Planning Commission
,
► Responsible for:
► Land Use Review
► Development Code Review
► Comprehensive Planning EP
► Board Liaison - Trustee MacAlpine ®
Page 41
25
5/4/2022
Board of Appeals
Responsible for:
Hearing appeals on determinations of the
Building Official EP
Review Building Code amendments
► Board Liaison - Trustee Hazelton
Membership/ Representation on
Outside Entities
Page 42
26
5/4/2022
Platte River Power Authority
r Town is part owner • Platte River
Power Authority
► Public authority Estes Park•Fort Collins•Longmont•Loveland
► Two positions on Board of Directors
►Mayor Koenig
► Reuben Bergsten (Board Chair)
An_
Estes Park Economic Development
Corporation
e*'
► Private nonprofit corporation
► Town provides funding E ST E S
Two positions on Board of Directors
Trustee Hazelton PARK
Town Administrator Machalek E DC
Page 43
27
5/4/2022
Larimer Emergency Telephone Authority
(LETA)
► Public Entity 4011041/4,
► Funded by surcharge on telephones LO1LIE ABI9fl1 11ilY
and cell phones
► Supports 911 services county-wide
► Town representative is Town Administrator or
Town Administrator Designee
— 111
Colorado Association of Ski Towns (CAST)
► Member 4%4\
► Trustee Cenac is Voting Designee
M%OCtAtIOM O1$41 TOW%'.
TA Machalek is Alternate Designee
Page 44
28
5/4/2022
Colorado Municipal League (CML)
► Member
COLORADO
► Lobbies at the State level for MUNICIPAL
LEAGUE
local governments
Education and information
Annual conference
Workshops
Outside Organizations with Town
Relationship
Page 45
29
5/4/2022
Western Heritage
Operates and supports the Town-owned Rooftop
Rodeo
Board Liaison - Trustee Cenac ' O
13
fly 'STEPARK,CO
a
Sister Cities
Estes Park Sister Cities Association, Inc.
Monteverde, Costa Rica
Board Liaison - Trustee MacAlpine
fikrjSisterCtes
INTERNATIONAL
Connect globally.Thrive locally.
Page 46
30
5/4/2022
State Agencies
State Agencies we Interact with the Most
► Colorado Department of Transportation (CDOT)
h Department of Local Affairs (DOLA)
► Department of Revenue (DOR)
► Colorado Parks and Wildlife (CPW)
•
Page 47
31
5/4/2022
Federal Agencies
Federal Agencies we Interact with the
Most
► Bureau of Reclamation (BOR)
Controls Lake Estes, Marys Lake, and Big Thompson
Project
Special Use Permit for Parking Structure
National Park Service
► Transportation and shuttles
► Wildlife
► Wildland fires
► Law enforcement and dispatch
Page 48
32
5/4/2022
•
•
Local Agencies
Aa_
Local Agencies
► Estes Park Housing Authority
5-member Board, appointed by Town Board
► Library District
7-member Board, appointed by Town and County
► Local Marketing District (Visit Estes Park)
►Town appoints 5 members of their Board
► County appoints 2 members
Town and County both have to approve operating
plan
Page 49
33
5/4/2022
Local Agencies
Estes Valley Fire Protection District (EVFPD)
Separate elected Board
Town in process of selling them Fire Station
Estes Valley Recreation and Park District (EVRPD)
Separate elected Board
►Town owns Stanley Park and 18-hole golf course
• 1A money collected and passed through for
Community Center
Local Agencies
Larimer County
► Coordinated elections
► Property tax collection and assessment
► Jail/law enforcement mutual aid
►Wildland fires
► Courts
► Human Services
► Solid Waste/Transfer Station
► Health Department
Page 50
34
5/4/2022
Local Agencies
► Other entities:
► Hospital District
► Park R3 School District
► Estes Park Sanitation District
► Upper Thompson Sanitation District
► Numerous small water districts/systems
4
Questions?
Page 51
35
Effective Period: Until Superseded
At
Review Schedule: Biannually—Following Town Elections
Effective Date: July 26th,2017
References: Governing Policy 1.2 LD
TOWN BOARD GOVERNANCE POLICY �`
103
Town Board Code Of Conduct And Operating Principles
1. PURPOSE:
The Board of Trustees shall operate in an ethical and businesslike manner. As
leaders of our community, it is important that the members of the Town Board hold
themselves to the highest standard of conduct, setting an example for other Town
officials and Town employees, and ensuring that the public has confidence in the
integrity of its government and Town Officials. Adherence to these standards will
protect and maintain the Town of Estes Park's reputation and integrity.
2. SCOPE:
This Policy and Procedure applies to the Board of Trustees.
3. RESPONSIBILITY:
It is the responsibility of each Trustee to comply with this policy. It is further the
responsibility of the Board of Trustees to address any perceived non-compliance with
the specific items within this policy.
4. PROCEDURES:
i)CONDUCT WITH ONE ANOTHER - The Board of Trustees is composed of individuals
with a wide variety of backgrounds, personalities, values, opinions, and goals.
Embracing this diversity, all have chosen to serve in public office in order to preserve
and protect the present and the future of the community. In all cases, this common
goal should be acknowledged even as Trustees may "agree to disagree" on
contentious issues. We will conduct business in a manner consistent with this code
of conduct
(1) We accept and respect each other's individuality, supporting each other by
capitalizing on our individual strengths, working together, as a team, utilizing
each other's' expertise, to accomplish our goals and the goals of the Town of
Estes Park.
(2) We take others' concerns seriously.
ii) CONDUCT IN PUBLIC MEETINGS:
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park,Town Board Governance Policies Page 1 of 11
Page 52
(1) Practice civility, professionalism and decorum in discussions and debate -
Trustees should conduct themselves in a professional manner at all times.
Trustees will not make comments that are belligerent, personal attacks,
impertinent, slanderous, threatening, abusive, or disparaging.
(2) Demonstrate support for Board decisions - A member of the Board of Trustees
who votes in the minority is free to express his/her dissent but will respect the
process and legitimacy of the majority decision.
(3) Be punctual and keep comments relative to topics discussed - Trustees have
made a commitment to attend meetings and partake in discussions. Therefore, it
is important that Trustees be punctual and that meetings start on time, while
being respectful of other people's time.
(4) Be prepared for Board meetings - Trustees will be prepared for meetings in
advance, and be familiar with issues on the agenda.
(5) Avoid expressing opinions during Public Hearings - Trustees should not express
opinions during the public hearing portion of the meeting except to ask pertinent
questions of the speaker or staff. Trustees should refrain from arguing or
debating with the public during a public hearing and shall always show respect
for different points of view.
(6) Respect the role of the Mayor or Committee Chairpersons in maintaining order-
It is the responsibility of the Mayor to keep the comments of Trustees on track
during public meetings. Trustees should honor efforts by the Mayor to focus
discussion on current agenda items. If there is disagreement about the agenda or
the Mayor's actions, those objections should be voiced politely and with reason.
iii) CONDUCT IN PRIVATE COMMUNICATIONS:
(1) Respectful behavior in private - The same level of respect and consideration of
differing points of view that is deemed appropriate for public discussions should
be maintained in private conversations.
(2) Written notes, voicemail messages, and e-mail - Written notes, voicemail
messages and e-mail should be treated as "public" communication and may be
subject to disclosure pursuant to the Colorado Open Meetings Act. The tone and
wording of all communication should be respectful and similar in decorum as
public discourse.
iv) TRUSTEE CONDUCT WITH TOWN STAFF:
(1) Board prioritization of Staff projects - It is the responsibility of the Town Board as
a whole and not individual Trustees to identify and prioritize projects for the Town
Staff. Individual Trustees shall refrain from instructing Staff as to the prioritization
of projects identified by the Board. It is the responsibility of the Town
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 2 of 11
Page 53
Administrator to communicate and direct the prioritization of Town activities with
the staff.
(2) Treat all staff as professionals - Clear, honest communication that respects the
abilities, experience, and dignity of each individual is expected. Poor behavior
towards staff is not acceptable.
(3) Limit contact with specific Town staff- Questions of Town staff and/or requests
for additional background information may be addressed directly with the
appropriate town staff member, however individual trustees should not direct staff
to take any specific action or direct them to produce any work product. The Town
Administrator should be copied on or informed of any request. Requests for
follow-up or directions to staff should be made only through the Town
Administrator. When in doubt about what staff contact is appropriate, Trustees
should ask the Town Administrator or Mayor for direction. Materials supplied to
Trustees in response to a request may be made available to all Trustees, so that
all have equal access to information.
(4) Do not disrupt Town staff from their jobs - Trustees should not disrupt Town staff
while they are in meetings, on the phone, or engrossed in performing their job
functions, in order to have their individual needs met.
(5) Never publicly criticize an individual employee - Trustees should never express
concerns about the performance of a Town employee in public, to the employee
directly, or to the employee's supervisor. Comments about staff performance
should only be made to the Town Administrator through private correspondence
or conversation.
(6) Do not get involved in administrative functions -Trustees must not attempt to
influence Town staff on making appointments, selecting consultants, processing
of development applications, or granting of Town licenses and permits unless the
Trustee has been invited to participate in the process.
(7) Check with Town staff on correspondence before taking action - Before sending
correspondence, Trustees should check with Town staff to see if an official Town
response has already been sent or is in progress. When responding to
correspondence always clarify if the opinion expressed is a personal opinion or
position, or if it is the official position as adopted by the Board of Trustees.
(8) Requests for staff support— Requests should be made to the Town
Administrator. The office of the Town Clerk, in the Administrative Services
Department provides routine clerical and support services for the Board. Routine
requests for items such as meeting registrations, benefits, reimbursements,
scheduling questions can be addressed directly to the Town Clerk. As the Town
Attorney reports directly to the Town Board and not the Town Administrator,
requests for information or legal advice may be made directly to the Town
Attorney.
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park,Town Board Governance Policies Page 3 of 11
Page 54
(9) Do not solicit political support from staff- Trustees should not solicit any type of
political support (financial contributions, display of posters or lawn signs, name
on support list, etc.) from Town staff.
(10) Evaluation of Staff- Individual Board members will not formally evaluate the
performance of the Town Administrator, his/her staff or the Town Attorney except
as that performance is assessed in accordance with explicit Board of Trustees'
policies.
v) TRUSTEES CONDUCT WITH THE PUBLIC IN PUBLIC MEETINGS - Making the
public feel welcome is an important part of the democratic process. No signs of
partiality, prejudice or disrespect should be evident on the part of individual Trustees
toward an individual participating in a public forum. Every effort should be made to
be fair and impartial in listening to public testimony.
(1) Be welcoming to speakers and treat them with care and respect.
(2) Active listening - Board members should practice active listening when members
of the public are speaking before the board. Be aware of facial expressions,
especially those that could be misinterpreted as disrespectful.
vi) CONDUCT IN UNOFFICAL SETTINGS:
(1) Make no promises on behalf of the Board - Individual Board members can
represent the Board on Town matters only when delegated those responsibilities
by the Board. Board members should refrain from overtly or implicitly promising
Board action, or to promise that Town staff will do something specific (fix a
pothole, waive a fee, plant new flowers in the median, etc.).
(2) Make no personal comments about other Trustees - Board members will refrain
from making derogatory comments about other Trustees, their opinions and
actions.
vii) BOARD CONDUCT WITH OTHER PUBLIC AGENCIES:
(1) Be clear about representing the Town or personal interests - If a Trustee appears
before another governmental agency or organization to give a statement on an
issue, the Trustee must clearly state: 1) if his or her statement reflects personal
opinion or is the official stance of the Town; 2) whether this is the majority or
minority opinion of the Board. Even if the Trustee is representing his or her own
personal opinions, remember that this still may reflect upon the Town as an
organization.
(2) Decision Making - If a Trustee serves in a decision making capacity for another
organization and a matter which the Town has taken an official position is
discussed by the organization, the Trustee should not maintain a position that
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park,Town Board Governance Policies Page 4 of 11
Page 55
significantly impacts or is detrimental to the Town's official position. In the event
the Town has not taken an official position with regard to a matter, and in the
Trustee's judgment, the Trustee believes that the Town would take a position
substantially different than that proposed to be taken by the organization, the
Trustee should consult with the Mayor regarding the Town's possible position.
(3) Correspondence expressing official Town positions - All official Town
correspondence shall be signed by the Mayor or Mayor Pro Tern unless a
specific Trustee is authorized by the Town Board to individually respond to a
matter and express the Town's official position. A copy of official correspondence
should be given to the Town Clerk to be filed as part of the permanent public
record.
(4)Trustee correspondence concerning town matters - Trustees may correspond
with individuals or organizations on any matter involving the Town. In the event
that the Trustee's personal correspondence expresses a personal opinion that
differs from the Town's official position, the Trustee should make clear that the
Trustee's personal opinion differs from the Town's official position.
ii) TOWN TRUSTEE CONDUCT WITH OTHER BOARDS AND COMMISSIONS:
(1) If attending a Board or Commission meeting, be careful to only express personal
opinions unless you are authorized to represent the Town Board - Trustees may
attend any Board or Commission meeting open to the public, but should be
sensitive to the way their participation — especially if it is on behalf of an
individual, business or developer— could be viewed as unfairly affecting the
process. Any public comments by a Trustee at a Board or Commission meeting
should be clearly indicate if it is an individual opinion or a representation of the
official opinion of the Town Board.
iii) CONDUCT WITH THE MEDIA:
(1)Trustees may be contacted by the media for background information and quotes.
All media contacts should be referred to the PIO.
(2)The Mayor is the official spokesperson for the Board of Trustees. The Mayor is
the designated representative of the Board of Trustees to present and speak on
the official Town position. If the media contacts an individual Trustee, the Trustee
should be clear about whether her/his comments represent the official Town
position or a personal viewpoint. In most cases, any media requests should be
referred to the Town Public Information Officer.
iv) CONFLICT OF INTEREST:
(1) Section 31-4-404 (2) C.R.S - "Any member of the governing body of any city or
town who has a personal or private interest in any matter proposed or pending
before the governing body shall disclose such interest to the governing body,
shall not vote thereon, and shall refrain from the attempt to influence the
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 5 of 11
Page 56
decisions of the other members of the governing body in voting on the matter."
(2) Disclosure - A Trustee having a conflict of interest in any matter before the Town
Board shall disclose the interest to the Town Board. The Trustee shall not vote or
otherwise take any formal action or discussion concerning the matter, shall not
participate in any executive session concerning the matter, and shall refrain from
attempting to influence any other member of the Board of Trustees either in
public or private discussion of the matter.
(3) Exception - A member of the Board of Trustees may vote notwithstanding a
conflict of interest if the Trustee's participation is necessary to obtain a quorum or
otherwise enable the Board to act if the Trustee complies with the volunteer
disclosure provisions of Section 24-18-110 C.R.S.
(4)Appearance of Impropriety - A Trustee should consider, but is not required to,
excuse themselves from those matters which due to the specific circumstances
concerning the matter may appear to members of the public to be a potential
conflict of interest thus avoiding the appearance of impropriety.
v) SANCTIONS:
(1) Inappropriate Staff Behavior- Trustees should refer to the Town Administrator
any Town staff that does not follow proper conduct in their dealings with
Trustees, other Town staff, or the public. These employees may be disciplined in
accordance with standard Town procedures for such actions.
(2)Trustees Behavior and Conduct- Trustees who intentionally and repeatedly do
not follow proper conduct may be reprimanded or formally censured by the Town
Board. Serious infractions of the Code of Conduct may lead to other sanctions as
deemed appropriate by the Town Board.
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 6 of 11
Page 57
A.
Tool box for: Meeting Procedure Options
Motions: Purpose, Properties
Purpose: Places an action item on the floor for discussion
The motion is stated in the positive.
Basic Motion: "Yes" vote supports motion.
"No"vote opposes the motion.
Divide complex issues into individual motions.
Second is required.
Quasi-judicial: A motion in the positive includes findings of fact for approval.
Quasi-judicial Quasi-judicial: A failed motion in the positive is followed by a motion in the
Motions: negative, stating findings of fact for denial
Divide complex issues into individual motions.
Second is required.
Purpose: To change a portion of the Basic Motion.
The amendment uses the original basic motion wording with a change in
Amend a Motion: wording.
The motion is stated in the positive.
Second is required.
Purpose: To completely remove/replace the Basic Motion.
The substitute motion is a new motion with new wording. The motion is stated
Substitute Motion: in the positive. The Mayor determines if motion qualifies as Substitute Motion.
Second is required.
Purpose: Stops an action item discussion for more information.
The Mayor generally states a new meeting date to discuss item.
Table Motion: The Mayor may send item back to committee/staff for revising.
or The Mayor will recommend to Table or Continue as appropriate.
Continue Motion: Occurs when information is lacking or no decision can be made on action
item.
Second is required.
Purpose: Re-open discussion on a finalized action item.
Only a Board Member voting in the majority for the motion that finalized the
Motion to action item may request a reconsideration motion and only at the same
Reconsider: meeting at which the original action was taken.
Second is required.
Purpose: To correct meeting proceedings and help the Mayor.
State "point of order" and what procedure was missed by the Mayor.
Point of Order: No Second is required.
Purpose: To open discussion on an action item.
Notes: The person providing the second does not need to agree with the
Second a Motion: motion.
The originator of the motion or changed motion will need to repeat the motion
for the benefit of the Town Clerk's record and Town Board clarity of motion.
Purpose: To end discussion of an issue and bring the Board to a vote.
Any Board member may Call the Question at any time during Board
Call the Question discussion of a motion that is on the floor. No second is required for a Call of
the Question. After a Board member makes the motion to Call the Question,
the board shall vote immediately to Call the Question and bring the item to a
vote. If the Call the Question vote fails, discussion may continue. If the Call
the Question vote passes, the Board shall vote on the motion on the table
without any further discussion.
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park,Town Board Governance Policies Page 7 of 11
Page 58
Public Comment—
A. Rules and Procedures for Public Comment
a. The purpose of Public Comment is to provide input to the Town Board on
issues relevant to Town of Estes Park. It is not intended to be a general
soapbox opportunity.
b. Public comments and questions shall
be:
i. Limited to three minutes.
ii. Directed to the Board as a whole and not to individual members.
iii. Presented in a courteous and professional demeanor and not in a
threatening, profane, vulgar, insulting or abusive manner.
iv. Limited to topics pertaining to Town of Estes Park government and about
which the Town Board has authority or responsibility.
c. Speakers, when recognized by the chair, will provide their name to the Clerk
prior to addressing the Board.
d. Individuals who engage in repetitive comments or questions or who otherwise
violate the provisions of Rule#2 above will be asked to refrain and/or yield the
floor.
e. Failure to abide by these requirements after a first warning may result in the
Board requiring that the speaker, in lieu of speaking, submit his/her
statements in writing during future public comment periods.
f. The Mayor is responsible for administration and enforcement of these rules
in his/her sole discretion.
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 8 of 11
Page 59
B.
Town Board Meeting
Order of Business
• Call meeting to order
• Pledge of Allegiance
• Agenda Approval — Board requests for additions or deletions
• Proclamations and Presentations
• Public Comment
• Town Board Comments
• Liaison Reports
• Town Administrator's Report and Public Comment Follow-up
• Consent Agenda
• Consider items pulled from the Consent Agenda (if any)
• Reports and Discussion Items (outside entities)
• Liquor Items
• Planning Commission Items
Consent Items
Action Items
• Action Items (repeat process for each action item)
• Staff Report
• Town Board clarification of Staff Report- questions/discussion Formal
Motion/Second (if Ordinance is present, Town Attorney/Town Clerk reads prior to
motion)
• Public Comment
• Motion modifications/amendments if desired
• Debate/Discuss motion
• Mayor calls for vote
• Vote
• Staff Reports
• Executive Session (if needed)
• Adjournment
Every Board meeting will end no later than 10:00 p.m., except that(1) any item of business
commenced before 10:00 p.m., may be concluded before the meeting is adjourned and (2) the
Town Board may, by majority vote, extend a meeting until no later than 11:00 p.m. for the
purpose of considering additional items of business. Any matter which has been commenced
and is still pending at the conclusion of the Board meeting, and all matters scheduled for
consideration at the meeting which have not yet been considered by the Board, will be
continued to the next regular Town Board meeting and will be placed first on the agenda for
such meeting. The Town Board reserves the right, by majority vote, to further extend the
meeting to conclude any business the Board deems necessary.
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 9 of 11
Page 60
C
Town Board Motions
(Adopted March 2011)
1 The basic motion. The basic motion is the one that puts forward a decision
for consideration. A basic motion might be: "I move that we create a five-member
committee to plan and put on our annual fundraiser."
2 The motion to amend. If a member wants to change a basic motion that is
under discussion, he or she would move to amend it. A motion to amend might be:
"I move that we amend the motion to have a 10-member committee." A motion to
amend takes the basic motion that is before the body and seeks to change it in
some way.
3 The substitute motion: If a member wants to completely do away with the
basic motion under discussion and put a new motion before the governing body, he
or she would "move a substitute motion." A substitute motion might be: "I move a
substitute motion that we cancel the annual fundraiser this year."
Motions to amend and substitute motions are often confused. But they are quite
different, and so is their effect, if passed.
A motion to amend seeks to retain the basic motion on the floor, but to modify it in
some way.
A substitute motion seeks to throw out the basic motion on the floor and substitute a
new and different motion for it...
Voting on motions when there are several on the floor.
The first vote is on the last motion. In the example above, the substitute motion
would be voted on first. If passed, the other two (Basic and Amend) would not
require a vote because they become moot. If the substitute in the above example
passes, it replaces both the Basic and the amendment to the Basic motion.
If the substitute fails, then a vote is needed on the amendment. If the amendment
passes, the basic motion is moot because it was replaced by the amendment.
However, if the amendment fails, the basic motion needs to be voted on. If it
passes, it is final. If the basic fails, then the chair determines if a new motion is in
order, or does the action item need to be tabled for more information, returned to
committee, have staff gather more information, etc. A time for future review of the
action item should be established.
*Instructional scenario quoted verbatim from: Rosenberg's Rules of Order: Simple
st
Parliamentary Procedures for the 21 Century, 2003, League of California Cities.
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 10 of 11
Page 61
Approved:
I�
v
Todd Jirsa, Maycr....------'
1 ZA 11
Date
Code of Conduct&Operating Principles 7/26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 11 of 11
Page 62
Effective Period: Ongoing
Review Schedule: Annually-January EP
Effective Date: 7/14/2020
References: Policy Governance 1.9.2
TOWN BOARD POLICY
105
Agendas
1. PURPOSE
The Town Clerk is responsible for the preparation and publication of the agendas for any
meeting of the Board of Trustees. The Town Clerk shall establish deadlines for items to
be added to the agenda in order to provide adequate public notice of Board meetings and
to fully meet the requirements of the Colorado Open Meetings Act.
2. REGULAR BOARD MEETINGS
a. Agendas for regular board meetings shall follow the format approved by the Board in
Policy 103 —Town Board Procedures
b. Adding items to the Agenda
i. Routine Administrative Issues — Routine administrative issues, including renewal
of ongoing contracts, approval of bills, approval of minutes, issuance, renewal
and transfer of liquor licenses, land use issues requiring quasi-judicial action and
proclamations or other ceremonial actions may be placed on the agenda by the
Town Clerk without any further approval.
ii. Items requested by Town Staff—Any items, other than routine administrative
items, must be approved by the Town Administrator before being placed on the
agenda. The Town Administrator may place these items on the Regular Board
agenda without any further approval of the Board.
iii. Reports or requests from outside entities —the Town Administrator has the
authority to approve any requests from outside or partner agencies wishing to
present before the Town Board. This includes update reports (i.e. updates from
the Superintendent of Rocky Mountain National Park) and requests requiring
action (i.e. requests for letters of support, requests for board participation on
community projects).
iv. Legal issues— Legal issues requiring Board discussion or action may be placed
on the agenda by either the Town Administrator or the Town Attorney.
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Town of Estes Park, Town Board Policies Page 1 of 4
Page 63
v. Trustee requested items —Any trustee may request that an item be added to the
regular board agenda by one of the following methods:
(1) Request that the item be added to the agenda of an upcoming Regular
meeting during the Trustee comment period at a study session. If any other
Trustee objects to the item being placed on the agenda, the request must be
made at a Regular Board meeting.
(2) Request that an item be added to an upcoming agenda during Trustee
comment period at a regular board meeting. The Board may approve the
addition of the item to a future board meeting by consensus or may call for a
vote. If a vote is called for, a majority affirmative vote of the Board is required
to add the item to a future agenda.
(3) By an affirmative vote of a majority of the Trustees present at a meeting,
additional matters may be added to the agenda of any such meeting, as long
as it is allowed by statute.
(4) By referral from a Board Standing Committee.
(5) Emergency items—At times it may be necessary to add items to an agenda
on short notice to protect the immediate health, safety and well- being of the
community or the organization. The Mayor, Town Administrator or Town
Attorney may add emergency items to any agenda at any time, at their sole
discretion.
3. STUDY SESSIONS
a. The Town Board will review the schedule for upcoming Study Sessions. The Mayor,
Trustees or staff may request or recommend any appropriate matters for Town
Board consideration; however, the Town Administrator will only place items on a
Study Session agenda with the direction of a majority of the Board.
b. By an affirmative vote of a majority of the Trustees present at a meeting, additional
matters may be added to the agenda of any such meeting as long as it is allowed by
statute.
c. Public comment and/or participation in subject matter discussions may be allowed
by the chair at a study session by agreement by majority of the Board.
4 BOARD COMMITTEES (SPECIAL COMMITTEES, AUDIT) MUNICIPAL CODE 2 08.010 AND
2.08.020
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Page 64
a. The Town Clerk shall prepare the agendas for the Board Standing Committees in
consultation with the committee chair and appropriate staff.
b. Items on the agenda should be limited to the scope of the specific committee.
c. Any items requiring Board approval or further action must be referred by the
Committee to the full board including a recommendation as to whether the item
should be considered on the Consent Agenda or as an Action Item.
d. By an affirmative vote of a majority of the Trustees present at a meeting, additional
matters may be added to the agenda of any such meeting, as long as it is allowed by
statute.
e. All Actions of Board Committees are to be considered recommendations and not
final actions representing the Board of Trustees, unless otherwise authorized by
Board policy.
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Page 65
5. CONSENT AGENDAS
The Consent Agenda may include items that do not need discussion or debate either because
they are routine procedures or are already have unanimous consent. Items of high public
interest or any items that would benefit from increased public visibility or publicity should not be
included on the consent agenda. A consent agenda allows the board to approve all these
items together without discussion or individual motions.
Examples of items to include on the consent agenda:
• Approval of the minutes;
• Final approval of proposals or reports that the board has been dealing with for some time
and all members are familiar with the implications;
• Routine matters such as appointments to committees;
• Staff appointments requiring board confirmation;
• Reports provided for information only;
• Correspondence requiring no action.
• Approval of the routine bills and payments
Prior to approval of the Consent Agenda the Mayor shall ask if any members of the Board of
Trustees, Public or Staff would like to pull any items from the consent agenda. If requested,
the item shall be pulled from the consent agenda and considered as an action item
immediately following the consideration of the consent agenda.
Approved:
e,z7::
Wendy nig, Maydr
Rev 7-14-2020
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Page 66
A
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TOWN oi ESTES PARK
Future Town Board Study Session Agenda Ite
May 10, 2022
May 24, 2022 Items Approved — Unscheduled:
• Downtown Estes Loop Update • Governing Policies Updates
• Sidewalk Maintenance Ordinance • Stanley Park Master Plan
• Policy 671 Review Implementation
• Trustee Talks and Mayor's Chats • Quarterly CompPAC Update
• Downtown Loop Updates as Necessary
June 14, 2022
• No items scheduled Items for Town Board Consideration:
• Workforce and Attainable Housing
June 28, 2022 Philosophy
• Larimer County Regional Transportation • Quarterly CompPAC Update — July 12
Planning
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