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HomeMy WebLinkAboutPACKET Town Board Study Session 2011-03-08* Revised STUDY SESSION TOWN BOARD Tuesday, March 8, 2011 5:30 p.m. Rooms 202/203 170 MacGregor Ave. AGENDA 5:30 p.m. Town Board Meeting Procedures. Future Agenda Items. 6:30 p.m. Meeting Adjourn — Prepare for Board Meeting. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town Board Meeting Order of Business Call meeting to order Pledge of Allegiance Proclamations and Presentations Public Comment Town Board Comments Liaison reports Town Administrator's report and report public comment follow-up Consent Agenda Action Items (repeat process for each action item) -State discussion item with topic to be discussed - Staff Report -Town Board clarification of Staff Report - questions/discussion - Public Comment Formal Motion/second ( if Ordinance is present, Town Attorney/Town Clerk reads prior to motion ) -Motion modifications/amendments if desired -Debate/Discuss motion -Motion modifications/amendments if desired Mayor calls for vote Vote Executive Session (if needed) Adjournment Tool box for: Meeting Procedure Options Motions: Purpose, Properties Basic Motion: Purpose: Places an action item on the floor for discussion The motion is stated in the positive. "Yes" vote supports motion "No" vote opposes the motion. Divide complex issues into individual motions. Second is required. Amend a Motion: Purpose: To change a portion of the Basic Motion. The amendment uses the original basic motion wording with a change in wording. The motion is stated in the positive. Second is required Substitute Motion: Purpose: To completely remove/replace the Basic Motion. The substitute motion is a new motion with new wording. The motion is stated in the positive. The Mayor determines if motion qualifies as Substitute Motion. Second is required. Table Motion: Purpose: Stops an action item discussion for more information. or The Mayor generally states a new meeting date to discuss item. Continue Motion: The Mayor may send item back to committee/staff for revising. The Mayor will recommend to Table or Continue as appropriate. Occurs when information is lacking or no decision can be made on action item. Second is required. Motion to Purpose: Re -open discussion on a finalized action item. Reconsider: Only a Board Member voting in the majority for the motion that finalized the action item may request a reconsideration motion. Second is required. Point of Order: Purpose: To correct meeting proceedings and help the Mayor. State "point of order" and what procedure was missed by the Mayor. No Second is required. Second a Motion: Purpose: To open discussion on an action item. Notes: The person providing the second does not need to agree with the 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. *Background Information on Motions for Boards and Committees Three motions are the most common: 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 Parliamentary Procedures for the 21 st Century, 2003, League of California Cities. *Guidance for Chairing Meetings The Mayor's function is to apply rules for running the meeting. The rules are designed to define a topic/problem and encourage orderly discussion ultimately producing a majority decision. The Mayor remains a participant in the discussion/debate and decision making, without overshadowing any participants. Order of Business: Call meeting to order Pledge of Allegiance Proclamations and Presentations The Mayor is responsible for calling the meeting to order, leading the pledge of allegiance and organizing proclamations and presentations. *Public Comment The Mayor invites citizens to make comments and recognizes the citizens in the order of request. *The Mayor has the option to set time limits on public comment. Town Board Comments Liaison reports Town Administrator's report and report on public comment follow-up Town Board comments are requested by the Mayor. Liaison reports are requested from each Town Board member. The Town Administrator gives report. Consent Agenda The Mayor asks if any consent items are to be moved to action items. The Mayor asked for a motion to approve consent items; and then asks for a second. The vote is called by the Mayor. The vote tally is announced by the Mayor. 1 Action Items (repeat process for each action item) -State discussion item with motion to be discussed - Staff Report - Clarification of Staff Report by Board questions/discussion - Public Comment The Mayor states the action item. Staff/guests give reports on the action item. If present, the ordinance is read by the Town Attorney or Town Clerk. The Mayor asks Board members for comments and questions pertaining to the report. When the Board members' questions have been answered, Public Comment is requested. If there is a large attendance, ask for hands from the audience to determine the number of wishing to make comment, and limit time accordingly. *To keep the meeting on track, the Mayor may declare comments "out -of - order". The Mayor states the reason comment is out of order and asks person to make comments pertinent to the motion or sit down. The Mayor then asks for a formal motion from the Board members, and a second. (Note: the motion must be in a format, causing a "yes vote" to approve a motion and a "no vote" to oppose a motion. The second is only to allow discussion and can be made by a person opposed to the motion). The originator of the motion restates the motion for the Town Clerk and Board. Amendments and substitute motions may be taken at this time (*see discussion below). The person making the motion is asked to discuss/debate the motion first. Then each Board member is given a turn to speak. Respectful debate is allowed. The Mayor asks the Town Clerk to restate the motion or amended/substitue motion. The Mayor asks the Town Board to vote and reports the vote results. 2 Managing Motions: "Three motions are allowed: basic, amended and substitute motions. Basic motion: The original motion made and seconded by the Board. Amended motion: A combination of the basic (original) motion with an addition, deletion or change to it. Substitute motion: The basic motion (and/or amended motion) is completely removed and a new motion is made. The Mayor decides if a motion to amend or substitute is in order. All motions require a second. The Board member making the motion change restates the revised motion for the benefit of the Town Clerk and Board. Discussion/debate is requested of all Board members on all motions. When there is no more discussion/ debate, the Mayor requests the following actions: Example: There are three motions on the floor: Basic, amended and substitute. (Voting on motions: The first vote is taken on the last motion on the floor.) The substitute motion is read by the Town Clerk. The vote is taken. A "YES" vote on the substitute motion ends the voting and the action item is decided by the substitute motion. A "NO" vote requires a vote to be taken on the amended motion. The amended motion is read by the Town Clerk. The vote is taken. A "YES" vote ends the voting and the action item is decided by the amended motion. A "NO" vote requires a vote to be taken on the basic motion. The basic motion is read by the Town Clerk. The vote is taken. A "YES" vote decides the action item. A "NO" vote requires a new motion to continue discussion on the action item. (At this point, the Mayor may request staff to gather more information and continue the action item for a later date.) *Executive Session: If an executive session is required, the Mayor or a Board member makes the legally required announcement. The public is asked to leave and the Board moves into Executive Session. Adjournment The Mayor adjourns the meeting if no other comments are in order, or adjourns to executive session and follows executive session protocol. *Document adopted: (date) 4 Residents' Guide to Estes Park Town Board Meetings The Town of Estes Park holds its regular Board Meetings at 7:00 P.M. on the second and fourth Tuesday of every month. These meetings provide a public forum for conducting the business of governance of the Town and provide for public input into that process. All residents are encouraged to attend and participate. In order to provide guidance and order to the Town Board Meetings the following format is generally followed on the Agenda: • The Mayor calls the meeting to order. • The Pledge of Allegiance is recited on a voluntary basis. • If there are any proclamations or special presentations they will be acknowledged first. • Public Comment. The public is called upon to provide any comment on any item not on the Agenda for further discussion during the meeting. Comment may be limited due to time constraints in the determination of the Mayor. Generally these comments are not addressed by the Board, but may be referred to staff for further follow-up. • The Mayor will ask the Board if they have any comments. • The Mayor will ask the Board if there is any Liaison reports for groups for which they serve. • The Mayor will ask the Town Administrator for any report or follow up to public comment that may need to be made. These reports are informational only and require neither debate nor vote. The public is not asked to comment on Reports. • The Consent Agenda items are next addressed. The Mayor announces each item on the Consent Agenda. The Consent Agenda items are not open for public comment. However upon request of the Mayor, any Trustee, staff, or member of the public an item shall be removed from the Consent Agenda and moved to the Action Items Agenda which would then allow for public comment. • Action Items. Each Action Item is announced and the motion to be discussed is addressed. Staff will provide detail on each Action Item. The Board may ask staff for further clarification, ask questions and discuss the staff detail. The Mayor will then open the Action Item up for public comment. The Mayor may limit time for comment based upon the number of the public present wishing to comment, or based upon the discussion being previously commented on by another member of the public requesting that comment subject germane or not previously addressed. Once public comment is closed no further public comment will be entertained on the Action Item. The Mayor will accept a motion, and a second. A motion modification may be entertained. The motion is debated and discussed by the Trustees. Additional motion modification may be entertained. The question may then be called and a vote taken. The Mayor is not allowed to vote subject to the exception to break a tie vote. • There are special occasions where legally the Board may vote to enter into Executive Session. Executive Sessions are not open to the public, nor are the discussions in Executive Sessions publicly disclosed. The Mayor shall, prior to the Executive Session, announce to the public whether or not any action shall be taken by the Board following its reconvening in Regular Session following the Executive Session. In the event there will be action taken by the Town Board following the Executive session, the action will be taken in Regular Session and open to the public. In the event there will be no action taken by the Town Board following the Executive Session, the Town Board will adjourn immediately following the Board's return to its Regular Session. • Adjournment ends the meeting. Town Board meetings can be viewed on Channel 12 TV in real time and on the Internet approximately two business days after the meeting at www.estes.org.