HomeMy WebLinkAboutPACKET Town Board Study Session 2010-07-27fl LE <OWRO>\ STUDY SESSION TOWN BOARD Tuesday, July 27, 2010 5:00 p.m. Room 130 170 MacGregor Ave. AGENDA 5:00 p.m. Bear Proof Trash Cans and Recycling Meeting Procedures 7:00 p.m. Board Meeting. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared.
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TOWN OF ESTES PARKL afmflrt¥-itm) Memo TO: Honorable Mayor Pinkham Board of Trustees From: Jacquie Halburnt, Town Administrator Date: June 18, 2010 RE: Bear Proof Trash Cans and Recycling and Meeting Procedures 1. Bear Proof Trash Cans The Mayor would like to discuss the possibility of adopting a bear proof trash can ordinance in Estes Park. Attached is an ordinance from Avon as a discussion point of the items that are typically included in such an ordinance. The Community Development Department is compiling a report of all developments required to use bear resistant cans and current compliance. Attached is their work to date. 2. Recycling The issue is requiring trash haulers in Estes Park to offer recycling (as opposed to requiring everyone to have recycling on their bills). Waste Management already offers it, so it would affect Doering Disposal (the green trash bags). I talked with the owner Carl Doering. They currently offer aluminum recycling. A synopsis of his concerns include: It would create a lot more work. He would have to drive a bigger truck, but most likely a separate truck on the routes. He is a proponent of recycling, but thinks it makes the most sense when the recycling is reproduced in the area. If it's not, it is loaded onto a truck and hauled away. It is dumped, and then reloaded onto a bigger truck which goes to Denver where it is dumped and reloaded onto a truck headed for California. From there it is sometimes shipped to China. He said he would be cooperative with whatever the board decided, but he thought it would complicate and un-simplify his business and require a cost increase to all of his customers, regardless if they used the service or not. I also left a message for Estes Valley Recycling, who has a current business license. Following is language from Larimer County that the Mayor would like the board to consider adopting:
All Commercial Waste Haulers licensed by Larimer County shall make available to their customers within the Fort Collins and Loveland Urban Growth Areas, at the customer's option, curbside collection of recyclable materials, as said materials are designated annually by the Director of Solid Waste. Within the Loveland Urban Growth Area, the Director of Solid Waste shall designate minimum materials to be recycled as those materials collected by the City of Loveland curbside collection program, unless otherwise directed by the Board of County Commissioners. Within the Fort Collins Urban Growth Area, the Director of Solid Waste shall designate minimum materials to be recycled as those materials designated for curbside recycling by the City Manager of Fort Collins, pursuant to Section 15-414, Ordinance No. 116-1990, City of Fort Collins, unless otherwise directed by the Board of County Commissioners. Nothing in this ordinance or in the regulations and standards established hereunder shall be construed as allowing the County to regulate, interfere with, designate, manipulate, or in any way set the rates charged by Commercial Waste Haulers licensed by Larimer County. The amount charged by licensed Commercial Waste Haulers, on a volume or weight basis, shall be at the sole discretion of each individual trash hauler, provided said charges provide a reasonable economic incentive to their customers for waste reduction and accurately reflect the actual amounts of waste generated by said customers. For reference, minutes from past recycling discussions: July 25,2008 Pre Budget Work Session Recycling Center - This item received a high ranking. Discussion followed: single stream recycling exists in Estes Park and efforts should not be duplicated; this is a private industry issue; the Town should continue to investigate a new facility and grant funds to offset the initial building costs; cardboard recycling needs to be addressed; review the cosUbenefits of a facility; what are other communities doing to address the issue; would a new facility be competition for Waste Management; are the citizens looking at recycling as an essential service. October 17,2008 Budget Work Session Discussion followed on the petitions the Board received for a recycling program and are summarized: the issue is important to the community and discussion should occur between the Town, County and private industry; recycling was low on the CIP; private industry should address the issue; current recycling options exist within town and recycling is a valley wide issue that should be addressed. July 24,2009 Pre budget work session Administrator Halburnt stated the League of Women Voters have requested the Town be involved in joint meetings with the county and Waste Management to discuss recycling issues. She stated the issue should be addressed by the county and the private business sector and not the Town. Trustee Ericson stated the Town should Page 2
support recycling. The Board consensus was to promote recycling on Town owned properties and in the downtown areas; however, the Town should not finance a recycling center. September 22,2009 Study Session Mayor Pinkham, Administrator Halburnt and Commissioner Donnelley discussed the issues that could be addressed at the recycling center in Estes Park, including safety concerns, improved signage by the County, and encouraging Waste Management to promote curbside recycling or requiring recycling with an increased base fee of $10. The Board suggested the League of Women Voters could survey the community to determine support for curbside recycling and could educate the community on their options. 3. Meeting procedures Trustee Miller would like to talk about a meeting procedures policy for the town board. Attached is a sample from Ft. Collins. Page 3
TOWN OF ESTES PARK_ 0 Memo Community Development TO: Town Board of Trustees From: Director Joseph Date: July 23, 2010 RE: Bear-Proof Dumpsters I did a survey of dumpsters that were subject to the old approvals and found varying degrees of compliance with the bear-proof standard. Most were in enclosures with no roof. Most had one or two steel bars or chains on the metal lids that would deter bears, but probably not prevent a determined attack. Some properties avoid putting food trash in their dumpsters so the bears are not attracted. In short, there are varying degrees of compliance which all fall short of being totally secure with the one exception of Streamside cabins and Worldmark, which are inside fully- enclosed bunkers. Neither the old land use code nor the EVDC prescribes a particular method or approach to securing trash against bears. The code simply is a performance standard that says it should be secure without saying how. Please see the attached photos from the inventory that was performed last year along Fall River. The photos captions show the name of the property followed by the status of the compliance, followed by a note whether they were required or not as a condition of approval.
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TOWN OF AVON, COLORADO ORDINANCE NO. 04-11 SERIES 2004 AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL CODE, TO ESTABLISH REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF BE IT ORDAINED by the Town Council ofthe Town of Avon, Colorado, as follows: Section 1. Repeal. Section 8.24.080 of Chapter 8.24 and Chapter 8.32, Title 8, Avon Municipal Code, are repealed. Section 2. Amendment. Title 8, Avon Municipal Code, is amended by the addition of a new Chapter 8.32 to provide as follows: 8.32.010 Purpose The purpose ofthis Chapter 8.32 is to protect and maintain wildlife in the Town of Avon and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. 832.020 Definitions A Wildlife Any undomesticated animal, including but not limited to elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats and foxes. B. Resident Any person, firm, corporation or organization within the Town of Avon or on Town controlled land. C. Wildlife-Resistant Refuse Container A fully enclosed metal or plastic container or dumpster with a metal or plastic lid. The lid must have a latching mechanism which prevents access to the contents by wildlife. D. Wildlife-Proof Refuse Container Any refuse container which has been certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S. Forest Service. The container must be secured by the actuation of a mechanical latching device; any container not so secured shall not be deemed wild-life proof. 8.32.030 Residential Refuse Disposal A All residential refuse containers that receive garbage and/or refuse edible by wildlife must either be wildlife resistant or wildlife proof or be kept within a fully enclosed and secured structure. B. Residents with curbside pickup shall place their refuse containers at the curb, alley, or public right-of-way at or after 6:00 a.m. ofthe morning of
the pickup; provided that, if wildlife resistant or wildlife-proof containers are used, they may be placed curbside after 6:00 a.m. ofthe day before. After pickup, the containers must be re-secured in an appropriate manner before the end ofthe same day. C. All residential refuse containers shall have the premises address and unit designation permanently affixed thereon and clearly visible when the container is in an upright position. The digits and letters shall be no smaller than two inches in height. 832.040 Special Event Refuse Disposal Outdoor special event sites shall be kept free from the accumulation of refuse edible by wildlife. Refuse must be collected from the grounds at the close of each day's activities and shall be deposited into appropriate containers or enclosures secured in a manner to prevent access by wildlife or shall be removed to a disposal site. 8.32.050 Construction Site Refuse Disposal All construction sites must have a designated container that receives refuse edible by wildlife, or such refuse shall be removed from the site by the end of each day. Such container shall be a wildlife-proof container. 8.32.040 Feeding Wildlife Prohibited A. No person shall intentionally or unintentionally feed or provide food in any manner for wildlife on public or private property within the Town of Avon. Persons will be considered to be in violation ofthis chapter ifthey leave or store any garbage, refuse or food product in a manner that would create an attraction for wildlife. B. No person shallleave or store any refuse, food product, pet food, grain or salt in a manner which would constitute a lure, attraction or enticement for wildlife. C. Between the dates of April 15th and November 15th, all bird feeders must be suspended on a cable or other device so that they are inaccessible to bears, and the area below the feeders must be kept free from the accumulation of seed debris. D. This Section 8.32.040 shall not apply to: 1) Any individual, company or corporation that is duly licensed by the State o f Colorado or otherwise entitled under law to possess a wildlife species; 2) Any action that is officially sanctioned by the State of Colorado that would require feeding, baiting or luring of wildlife. (An example of one such action would be scientific projects dealing with capturing and tagging wildlife); 3) the feeding of wild birds, unless the bird feeder begins to attract other forms of wildlife.
8.32.050 Penalty Assessment Violation of any provision of this chapter by any person, firm or corporation, whether as owner or occupant, shall be handled in the following manner: A. First Violation: The first violation ofthe Chapter will result in a Notice of Violation to an alleged offender. The alleged offender will be warned and informed of the proper precautions necessary to prevent the feeding of wildlife and the necessary actions to meet the provisions of this Chapter, which may include but are not limited to: removal of wildlife attractants, time limits for the placement of curbside refuse containers, marking of containers with address and unit information and use of wildlife-resistant containers. Said notice shall include a reasonable time schedule for compliance. An alleged offended who timely complies with the first Notice of Violation will not be subject to the penalty provisions of this Chapter. B. Second Violation: The second violation ofthis Chapter will result in another Notice of Violation, as well as a Summons and Complaint. Two Notices of Violation within a twelve (12) month period will subject the violator to the penalty provisions of this Chapter. Failure to comply with the first Notice of Violation within the designated time frame may be deemed a second violation. The second Notice of Violation shall include a compliance schedule when applicable. C. Subsequent Violation(s): Offenders who have violated this Chapter more than two times within a twelve (12) month period or continue to fail in achieving timely compliance with a previous notice will be subject to a graduated fine schedule as set forth herein. 832.060 Penalties A. The graduated fine schedule for the penalty assessment procedure is as follows: Warning for the first violation $ 100 to $250 fine for the second violation within the twelve (12) months ofthe first violation, or failure to comply with the designated compliance schedule associated with the first violation. $250 to $1000 fine for each successive violation within twelve (12) months of the previous violation, or failure to comply with the designated compliance schedule associated with the second or subsequent violation. B. In addition to the criminal enforcement set forth above, The Town of Avon may seek an injunction or other appropriate civil relief to enforce the provisions of this Chapter.
8.32.070 Violator's Responsibilities In addition to the penalties outlined herein, upon order ofthe police department, violators will be required to perform all necessary actions to remove or abate attractions ofwildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, cleaning or appropriate storage of barbeque grills, and/or the required use of wildlife resistant containers and/or wildlife proof containers. 8.32.080 Notice of Violation A resident shall be deemed to have been issued an appropriate Notice of Violation if it is personally served upon the resident, posted on the resident's premises or placed in the U.S. Mail, postage prepaid and addressed to the resident according to the last known address given by the resident to any Town of Avon or Eagle County government department. Ifthe identity of the resident is not known, the entity responsible for payment of the garbage removal services for the subject location will be held responsible for complying with this Chapter and for any penalties assessed pursuant to the same. Section 3. Penalties. It is unlawful for any person to violate any ofthe provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 27th day of July, 2004 and a public hearing shall be held on this Ordinance on the day of August, 2004 at 5:30 p.m. in the Council Chambers ofthe Avon Municipal Building, Avon, Colorado. GlLA-3 G»-4 - Albert D. Reynolds, Mayor
RESOLUTION 2004-112 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS SO AS TO INCLUDE THE ORDER OF BUSINESS AT COUNCIL MEETINGS, AS WELL AS BASIC RULES OF ORDER FOR CONDUCTING SUCH BUSINESS WHEREAS, on May 6, 2003, the City Council approved Resolution 2003-063 adopting revised rules of procedure for the conduct of City Council meetings; and WHEREAS, such rules of procedure include rules governing: citizen comment during the citizen participation segment of each meeting; citizen comment regarding agenda items; and the length of Council meetings; and WHEREAS, the City Council wishes to amend such rules so as to add the order in which business will be conducted by the Council at such meetings, as well as basic rules of order for handling such business. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following revised rules governing the conduct of all regular City Council meetings are hereby adopted by the Council: Section 1. Order of Business. Council business shall be conducted in the following order: Proclamations and Presentations. (Prior to the meeting) Pledge of Allegiance Call Meeting to Order Roll Call Citizen Participation Citizen Participation Follow-up Agenda Review Consent Calendar Consent Calendar Follow-up Staff Reports Councilmember Reports Items Needing Individual Consideration Pulled Consent Items Other Business Adjournment
Section 2. Length of Meetings a. Council meetings will begin precisely at 6:00 p.m. Proclamations will be presented priortothe meeting atapproximately 5:30 p.m. orsuch earlier time as may be necessary in order for the presentation of proclamations to end by 6:00 p.m. b. No more than two (2) ten-minute breaks will be planned per meeting. All Councilmembers and staff will return to their seats in the Council Chambers at the conclusion of each ten-minute break. The Mayor will resume the meeting at the prescribed time. c. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item ofbusiness commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matterwhich has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. Section 3. Citizen Comment. a. Up to thirty (30) minutes will be allowed for citizen comment during the "Citizen Participation" segment of each meeting. A maximum of five (5) minutes will be allowed per speaker. In order to determine the actual amount of time to be allotted to each speaker, the Mayor will ask for a show of hands by all persons intending to speak. If the number of persons intending to speak is more than six (6), the Mayor will shorten the allotted time in order to allow as many people as possible to address the Council within thirty (30) minutes. b. Citizen input will be received with regard to: (i) each item on the discussion agenda, (ii) each item pulled from the consent agenda, and (iii) any item that is addressed by formal Council action under the "Other Business" segment of the meeting that may directly affect the rights or obligations of any member ofthe general public. Such citizen input will be permitted only once per item regardless of the number of motions made during Council's consideration of the item. c. The time limits for individual citizen comments regarding agenda items will be established by the Mayor prior to each such item. In order to determine 2
the amount of time to be allotted to each speaker, the Mayor will ask for a show of hands by all persons intending to speak to the item. If the number of persons indicating an intent to speak to an item is twelve (12) or less, each speaker will generally be allowed five (5) minutes. If the number of persons indicating an intent to speak to an item is thirteen (13) or more, each speaker will generally be limited to three (3) minutes per item. However, the Mayor may increase or decrease the time limits per speaker as he or she deems necessary to facilitate the City Council's understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion. d. Any determination of the Mayor with regard to the foregoing time limits may be overridden by a majority vote of the Council. Section 4. Council Questions and Debate. Council questions and debate regarding an agenda item will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order, Councilmembers seeking to ask questions or participate in debate will do so only when called upon by the Mayor. The Mayor may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business, except as overridden by a majority of Councilmembers present and voting, pursuant to a point of order. No Councilmember will speak to an item more than once until all other Councilmembers have had an opportunity to be heard. Section 5. Basic Rules of Order. The following commonly used rules of order will govern the conduct of City Council business. Except as specifically noted, all motions require a second. These rules of order are based upon Robert's Rules of Order Newly Revised and have been modified as necessary to conform to existing practices of the Council and to the requirements of the City Charter. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert's Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. It, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference shall be made to Robert's Rules of Order for any needed clarification or direction. In the event of any conflict between these rules of order and Robert's Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert's Rules of Order and the City Charter or City Code provisions, the City Charter or City Code provision shall prevail. 3
MAIN MOTIONS Main motions are used to bring business before the Council for consideration and action. A main motion can be introduced only if no other business is pending. All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers forapproval. A main motion may bemade byanyCouncilmember, including the Mayor. It is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. A motion to amend, once seconded, is debatable and may itself be amended once. However, a "secondary amendment," which is a change to a pending"primary amendment," cannot be amended. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. Therefore, once a motion to amend has been seconded and debated, it is decided before the main motion is decided. Certain motions to amend are improper. For example, an amendment must be "germane" to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. "Friendly" amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on the main motion. , 2. Withdrawal or Modification of a Motion. In the brief interval between the making of a motion and the time when the Mayor places the Motion before the Council by stating it, the makercan withdraw ormodify the motion. After a motion has been seconded and stated by the Mayor it belongs to the Council as a whole and the maker must request the Council's permission to withdraw or modify his or her motion. 3. Motion to Lavon the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. By adopting a motion to lay on the table, a 4
majority has the power to immediately halt the consideration of a question, since a motion to table is neither debatable nor amendable. 4. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion. Its adoption kills the agenda item or main motion for the duration of the meeting and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. It is debatable but not amendable. 5. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. This motion can be debated only to the extent necessary to enable the Council to determine whether the main question should be postponed and, if so, to what date or time. Similarly, it is amendable only as to the date or time to which the main question should be postponed. 6. "Calling the Ouestion". "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. Instead, if any member objects to ending the debate, the Mayor should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. The motion is not debatable or amendable. INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the Mayor for a ruling and an enforcement of the regular rules. Such a motion takes precedence over any pending question out of which it may arise. This motion does not require a second It is not amendable and, technically, it is not debatable. However, with the Mayor's consent, the member raising the point of order may be permitted to explain his or her point. In response to a point of order, the Mayor can either immediately rule, subject to appeal to the Council, or the Mayor can refer the point of order to the judgment of the Council, in which case the point becomes debatable. In making his or her ruling, the Mayor can also consult the parliamentarian, if there is one, orcan request the advice of experienced members of the Council. However, no member has the right to express an opinion unless requested to do so by the Mayor. When the Mayor has made a ruling, any two Councilmembers can appeal the ruling Cone making the appeal and the other 5
seconding it). When an appeal is taken, the matter is decided by majority vote of the Council. A tie vote sustains the decision of the Mayor. If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Motion to Divide a Ouestion. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. This motion, if seconded, takes precedence over the main motion and is not debatable. However, the motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment, in which case the amended form of the motion, if seconded, would be decided first. Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 3. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. This motion can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws. This motion is neither debatable nor amendable. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. This motion is neither debatable nor amendable. When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion which has already been voted on. This motion is in order only if made on the same date that the vote to be reconsidered was taken. The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. This motion can be made only by a member who voted with the prevailing side. When a member who cannot make a motion for reconsideration believes that there are valid 6
reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. This motion is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. It is not amendable. The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. This motion is debatable and amendable. In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member ofthe Council, regardless of how he or she voted on the original question. The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. For that reason, this motion should not made if third parties have relied to their detriment on the previous action. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. 1. Motion to Adjourn. A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. Such a conditional motion is not privileged and is treated just as any other main motion. A conditional motion to adjourn at or to a future time is always out of order while business is pending. However, an unconditioned, privileged motion to adjourn takes precedence over most other motions. The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions 7
and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. Section 5. That the foregoing rules of procedure shall supercede all previous rules of procedure that may heretofore have been adopted by the City Council. Passed and adopted at a regular meeting this 21st day of September, A.D. 2004. Mayor ATTEST: City Clerk 8
Study Session 7/27/2010 Meeting Procedures: Study Session 1) The lack of public comment limits the input for study. If it is a matter of time restraint then promote written comments prior to the meeting like this. 2) Because it is an open meeting - the public should be able to view it recorded - I would figure a way to do that. Board of Trustees Meetings 1) There are discussions and decisions made by the Board that neglect to get public input. An example is the approval of a recent liquor license to Eastside Grocery. I was interested in knowing how they were prepared to handle alcohol sales after the legal time of sales. They had recently changed their store hours to 3:00 AM and that is an untypical closing time for Estes Park. With DUI's seemly prevalent in the police blotters, it was a concern. 2) Although the meetings are reasonable formal and that is somewhat intimidating to individuals who attend only occasionally. The meetings need to move along more briskly. Charley Dickey
Estes Park Recycling 7/26/2010 Please submit this letter to the Study Session group on 7/272010 at 5:00 PM for consideration. Recycling in Estes Park is like many tasks the community is faced with. It affects us all and some of us have different methods of dealing with it. Some don't at all and some do everything possible to affect the amount of material thrown in the landfills. The responsibility ultimately lies with us all. Any program that is implemented needs community involvement both residential and commercial. I would venture to suggest the Town of Estes Park facilitate a committee of individuals from the community who have a vested interest or are passionate about a successful recycling program. Some of those I have been introduced to recently or are in a position to suggest ideas and help create a program which the community can be proud of are: Irene Little-League of Women's Voters Charlie Boleman - Outdoor World Ernie Petrocine - Property/Store Owner Partners for Commerce - Downtown Business Committee Sanitation Department Waste Management Estes Valley Recycling Town of Estes Park - Town Board representative Possibly a Loveland Recycling representative Individually, I do not have all the answers but I may have one. Collectively we could produce a comprehensive recycling program that has community support, governmental approval and effective action towards improving our environment. Charley Dickey